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Home My WebLink AboutAgenda Packet City Council - 05/22/2018 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 ' cctexas.com Meeting Agenda - Final-revised City Council Tuesday, May 22,2018 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 Reverend Gloria Lear, First United Methodist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Alma Casas, Assistant Director of Financial Services. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0619 Proclamation declaring May 20-26, 2018, "Emergency Medical Services Week". Proclamation declaring May 20-26, 2018, "National Public Works Week". Proclamation declaring May 26, 2018, "Parkinson's Day, A Day of Hope for Parkinson's! Rock Steady Boxing". Proclamation declaring June 9-19, 2018, "153rd Anniversary of the Juneteenth Celebration, the Spirit of Emancipation Days". Proclamation declaring June 2018, "Hurricane Awareness Month". City of Corpus Christi Page 1 Printed on 5/21/2018 City Council Meeting Agenda-Final-revised May 22,2018 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. 18-0624 CITY PERFORMANCE REPORT- MUNICIPAL COURT Attachments: Agenda Memo-CPR Municipal Court MAY 17 b. 18-0622 HEALTH BENEFITS UPDATE Attachments: Agenda Memo- Health Plan Update 05 22 18 Presentation - Health Plans Update -Council 05.22.18 C. STRATEGIC FUTURE ISSUES 2. 18-0582 Wastewater Rates Update Attachments: Agenda Memo-Wastewater Rates Presentation -05-22-18 WW Rate Briefing followup d. OTHER G. MINUTES: 3. 18-0620 Regular Meeting of May 15, 2018. Attachments: Minutes- MaV 15 2018 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 5/21/2018 City Council Meeting Agenda-Final-revised May 22,2018 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 4 - 12) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 18-0537 Resolution authorizing execution of developer participation agreement for the city's share of the cost for bridge removal and replacement at Yorktown Boulevard and Starry Road Resolution authorizing execution of Developer Participation Agreement with MPM Development, LP in an amount not to exceed $60,444.45 for bridge removal and replacement for Starlight Estates Unit 1. Attachments: Agenda Memo City of Corpus Christi Page 3 Printed on 5/21/2018 City Council Meeting Agenda-Final-revised May 22,2018 Resolution -Participation Agreement-Starlight Final Signed Participation Agreement with exhibits 4-27-18 Presentation-Starlight Estates Unit 1 5. 18-0520 Resolution Authorizing a One-Year Service Agreement with Two One-Year Options for Custodial Services for Outlying Police Buildings Resolution authorizing a one-year service agreement with Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services of Corpus Christi, Texas, to perform custodial services for outlying Police buildings for a total amount not to exceed $85,878.34, with two one-year options for a total potential multi-year amount of$257,635.02. Attachments: Agenda Memo-Custodial Services for Outlying Police Bldg Bid Tab-Custodial Services for Outlying Police Buildings Resolution-Custodial Services for Outlying Police Buildings Service Agreement-Custodial Services for Outlying Police Buildings.pdf 6. 18-0596 Service Agreement to Audit Claims Processing of Self-Funded Medical and Pharmacy Plans Motion authorizing a six-month service agreement, with Claim Technologies Incorporated, of Des Moines, Iowa to perform an audit of the claims processing associated with the self-funded medical and pharmacy plans for an amount not to exceed $72,193.00. Attachments: Agenda Memo- Health Claims Audit Evaluation Matrix - Health Claims Audit Service Agreement 1551 - Medical and Pharmacy Claims Audit 5.2.18 7. 18-0539 Purchase and Installation of Playground Equipment at Lt. Alexander Park Motion authorizing the purchase and installation of playground equipment at Lt. Alexander Park from GameTime by Total Recreation Products, Inc. of Cypress, Texas via BuyBoard for a total amount not to exceed $76,273.62. Attachments: Agenda Memo- Playground Equipment and Install at Lt. Alexander Park Price Sheet- Playground Equip and Install at Lt. Alexander Park.pdf Service Agreement 59924- Playground Equip and Install at Lt. Alexander Park.i 8. 18-0585 Resolution Approving a Homebuyer Assistance Program Agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi Resolution approving an agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi in the City of Corpus Christi Page 4 Printed on 5/21/2018 City Council Meeting Agenda-Final-revised May 22,2018 amount of$320,000 for the Type A Affordable Housing Program. Attachments: Agenda Memo-Type A Agreement Resolution - Agreement with CCBJDC Type A HCD CCHCD Agreement 9. 18-0505 Second Reading Ordinance - Rezoning for a Property located at or near 3902 Cimarron Boulevard (1st Reading 5/15/18) Case No. 0318-01 Estate of Margaret J. Pasztor: Ordinance rezoning property at or near 3902 Cimarron Boulevard from "FR" Farm Rural District to the "RM-2" Multifamily 2 District. Planning Commission and Staff Recommendation (April 4. 2018): Approval of the change of zoning from "FR" to "RM-2". Attachments: Agenda Memo 0318-01 Estate of Margaret J. Pasztor Ordinance 0318-01 Estate of Margaret J. Pasztor with Exhibits Presentation 0318-01 Estate of Margaret J. Pasztor CC Report 0318-01 Estate of Margaret J. Pasztor with Exhibits 10. 18-0588 Second Reading Ordinance - Updating the Urban Transportation Plan deleting two proposed collector streets (1st Reading 5/15/18) Ordinance updating the Urban Transportation Plan by deleting two proposed (Cl) Collector streets located north of FM 624 between Calallen High School and County Road 69 and the existing River Canyon Drive (Cl) Collector. Attachments: Agenda Memo Calallen ISD CR69 River Canyon Ordinance UTP Calallen ISD CR69 River Canyon Presentation - UTP Calallen ISD CR69 River Canyon 5118 11. 18-0534 Second Reading Ordinance -Appropriating $200,000 for Convention Center Content Development (1st Reading 5/15/18) Ordinance appropriating $200,000 capital contribution from SMG into the Visitor Facility Fund to fund Convention Center content development; and amending the FY18 operating budget. Attachments: Agenda Memo-$200,000 Captial Contribution Ordinance -Convention Center 12. 18-0521 Second Reading Ordinance -Amending Ordinance for the Regional Local Services System/Local Public Health System (RLSS/LPHS) to increase grant program and appropriating funds for the contract period September 1, 2017 through August 31, 2019 (1st Reading 5/15/18) City of Corpus Christi Page 5 Printed on 5/21/2018 City Council Meeting Agenda-Final-revised May 22,2018 Ordinance amending Ordinance No. 031235 regarding the Regional Local Services System/Local Public Health System grant to increase related program income by $140,000.00 for new estimated total program income of$400,000. Attachments: Agenda Memo-RLSS Grant Program Income Amend. (9-1-2017 to 9-1-2019)(4) Ordinance Amend. of Ord. No. 031235-RLSS Grant(9-1-2017 to 9-1-2019)(c)4-! L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 13 - 14) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 13. 18-0540 One Reading Action Item - Construction Contract Change Order No. 3 for the CCIA Airport Operations Area Perimeter Fence Replacement Project Motion authorizing the City Manager, or designee, to execute a Change Order No. 3 with B. E. Beecroft Co. Inc. of Corpus Christi, Texas in the amount of$226,351.02 for the CCIA Airport Operations Area Perimeter Fence Replacement project (Capital Improvement Program). Attachments: Executive Summary -CO No. 3 CCIA Perimeter Fence (18-0540) Item Detail -CO No. 3 CCIA Perimeter Fence Prosect Budget-CCIA AOA Fence Replace ment.xlsx Presentation -CCIA AOA Fence Replacement rev1 Change Order-3 Beecroft- E15221 -CCIA AOA Fence Replacement.PDF 14. 18-0558 Resolution Authorizing Negotiation and Execution of Service Agreements to Provide Third-Party Administration of the City's Self-Funded Employee Benefits Resolution authorizing negotiation and execution of four, three-year service agreements to provide third-party administration of the City's self-funded employee benefits for a total estimated cost of$127,400,000, with two one-year renewal options, as shown below: Blue Cross and Blue Shield of Texas (BCBSTX), a Division of Health Care Service Corporation, of Richardson, Texas, for medical, dental and COBRA plans with an estimated cost of$97,860,000. CAREMARKPCS Health, L.L.C. (CVS), of Northbrook, Illinois, for City of Corpus Christi Page 6 Printed on 5/21/2018 City Council Meeting Agenda-Final-revised May 22,2018 pharmacy benefits with an estimated cost of$26,800,000. Dearborn National Life Insurance Company, of Lombard, Illinois, for life insurance including ADD, optional and supplemental plans with an estimated cost of$2,060,000. Ochs Inc., on behalf of Madison National Life Insurance Company, Inc. (Ochs), of Madison, Wisconsin, for long term disability with an estimated cost of$680,000. Attachments: Agenda Memo- Health Benefits Resolution -Employee Benefits Evaluation sheets-Health Benefits Presentation - Employee Health Benefits (002) O. FIRST READING ORDINANCES: (ITEMS 15 - 17) 15. 18-0507 First Reading Ordinance - Refunding Acreage/Lot Fees Paid Ordinance refunding $13,006.92 from Wastewater Trunk System Trust Fund to John and Elizabeth Butler. Attachments: Agenda Memo- Butler Addition, Lot 1 Ordinance - Refund Trust Funds Request for Refund - Butler Addition Lot 1 Butler Addition Wastewater Refund Location Map- Butler Addition Lot 1 Interest Chart- Butler Addition Lot 1 16. 18-0538 First Reading Ordinance - Request for exemption from Wastewater Lot or Acreage Fees for property located west of Manning Road, north of State Highway 44 Ordinance exempting Lot 1, Block 1, STEPS Terminal from payment of wastewater lot or acreage fees conditioned upon a Sanitary Sewer Connection Agreement Attachments: Agenda Memo-WW Exemption STEPS Terminal Ordinance -STEPS Terminal Exemption Sanitary Sewer Connection Agreement Applicant Executed Presentation -STEPS TERMINAL WW Exemption 17. 18-0573 First Reading Ordinance - Closing of a utility easement located at 3801 Woodhouse Ordinance abandoning and vacating 0.0090 acre (393 square feet) of an existing electrical easement out of Grange Park Subdivision Unit 1, Lot 1A City of Corpus Christi Paye 7 Printed on 5/21/2018 City Council Meeting Agenda-Final-revised May 22,2018 Block 1, located at 3801 Woodhouse and requiring the owner, Grangefield Development, LLC., to comply with the specified conditions. Attachments: Agenda Memo-3801 Woodhouse Ordinance w Exhibits A and B -3801 Woodhouse Presentation-3801 Woodhouse P. FUTURE AGENDA ITEMS: (ITEMS 18 - 23) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 18. 18-0418 Agreement with United Corpus Christi Chamber of Commerce to support the South Texas Military Facilities Task Force Motion to authorize execution of an agreement with the United Corpus Christi Chamber of Commerce to support the operations, activities, and tasks of the South Texas Military Facilities Task Force during Fiscal Year 2018 not to exceed $75,000. Attachments: Agenda Memo-STMFTF Agreeement Agreement- DRAFT STMFTF 19. 18-0555 Three Professional Service Contracts for Pre-design to 100% certain proposed Bond 2018 street projects Resolution supporting the use and commitment of necessary funding of$5 million in remaining Bond 2014, Proposition One Proceeds and authorization to execute Professional Services Contracts with Freese and Nichols of Corpus Christi, Texas in the amount of$823,700 for Everhart Road from SPID to Holly Road; LNV, Inc. of Corpus Christi, Texas in the amount of$792,940 for Holly Road from Paul Jones to Rodd Field Road; Munoz Engineering of Corpus Christi, Texas in the amount of$449,172 for Slough Road from Rodd Field Road to Dead End. Attachments: Executive Summary - Bond Pre-Design (shovel ready) Item Detail -Resolution and contracts for 100% Pre-design of Bond 2018 street! Resolution -Bond 2018 Predesign Contract- Bond 2018 Predesign Everhart Freese Nichols Contract- Bond 2018 Predesign Holly LNV Contract- Bond 2018 Predesign Slough Munoz Engineering Bond 2018 shovel ready design contracts-100% REV Location Map- Bond 2018 Predesign Everhart Holly Slough 20. 18-0561 Purchase of Seven Heavy-duty Freightliner Trucks for Utilities Motion authorizing the purchase of seven heavy-duty Freightliner trucks from Houston Freightliners of Houston, Texas, via Houston Galveston Area City of Corpus Christi Page 8 Printed on 5/21/2018 City Council Meeting Agenda-Final-revised May 22,2018 Council cooperative, for a total amount of$1,291,346.00. Attachments: Agenda Memo- Freightliners Heavy Duty Trucks for Utilities Price Sheet- Freightliners Heavy Duty Trucks for Utilities 21. 18-0525 Two-year Service Agreement for Uniform Rental for the Utilities Department Motion authorizing a two-year service agreement for uniform rental for utilities department with Cintas Corporation from Corpus Christi, Texas, via U.S. Communities cooperative, for a total amount not to exceed $130,027.64. Attachments: Agenda Memo- Uniform Rental for Utilities Price List-Uniform Rental for Utilities Service Agreement- Uniform Rental for Utilities 22. 18-0533 Three-year Supply Agreement for the purchase of hip and knee boots Motion authorizing a three-year supply agreement with Northern Safety and Industrial, of Corpus Christi, Texas, for the purchase of hip and knee boots for a total amount not to exceed $191,691.75. Attachments: Agenda Memo- Hip and Knee Boots Bid Tab- Hip and Knee Boots Supply Agreement- Hip and Knee Boots 23. 18-0535 Three-year Service Agreement for Mary Rhodes Phase 2 Pumps and Motors with Two, One-year options Motion authorizing a three-year service agreement with Smith Pump Company, Inc., of Austin, Texas, for maintenance services for Mary Rhodes Phase 2 pumps & motors for a total amount not to exceed $636,717.00, with two one-year options for a total potential multi-year amount of $1,061,195.00. Attachments: Agenda Memo- Mary Rhodes Phase 2 Pumps& Motors Maintenance Service Price Sheet- Mary Rhodes Phase 2 Pumps & Motors Maintenance Service 2013 Price Sheet- Mary Rhodes Phase 2 Pre-Purchase Pumps Motors Rev 4.1 Service Agreement 1657 Mary Rhodes Phase 2 Pumps and Motors Q. BRIEFINGS: (ITEMS 24 - 25) 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. 24. 18-0559 Proposed Bond 2018 Update City of Corpus Christi Page 9 Printed on 5/21/2018 City Council Meeting Agenda-Final-revised May 22,2018 Attachments: Executive Summary - Bond 2018 Briefing.docx Presentation - Bond 2018 Update 5-14-18.pptx 25. 18-0623 Floodplain Management Update Attachments: Agena Memo-CC 5-22-2018.Floodplain Managment Update Presentation - Floodplain Management Update. 5.22.18 R. EXECUTIVE SESSION: (ITEMS 26 - 28) 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. 26. 18-0574 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the natural gas utility system. 27. 18-0576 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City's email system and computer network security, Texas Government Code 551.076 to deliberate security devices, personnel, and audit(s) related to the aforesaid matter(s), and Texas Government Code § 551.089 to deliberate the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices related to the aforesaid matter(s). 28. 18-0618 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, including potential grants for desalination facilities, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, and pursuant to Texas Government Code City of Corpus Christi Page 10 Printed on 5/21/2018 City Council Meeting Agenda-Final-revised May 22,2018 § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said prospects. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. T. SUPPLEMENTAL AGENDA ITEM: Item submitted after Agenda was published, posted, and printed. 29. 18-0639 Emergency Ordinance -Amendment to Grant Contract for Laboratory Response Network - Public Health Emergency Preparedness Ordinance authorizing the City Manager and/or Director of Public Health to accept an amendment to a grant contract for the Community Preparedness Section - Laboratory Response Network - Public Health Emergency Preparedness grant in the amount of$201,123.00 with a City match of $20,113.00 to provide continued emergency preparedness and response laboratory activities; and declaring an emergency. Attachments: Agenda Memo (LRN-PHEP Contract 537-18-0147-00001-Amend. No. 01) [7-1- Emergency Ordinance -CPS LRN PHEPv2 CPS-LRN PHEP (City)Contract No. 537-18-0147-00001-Amend. No. 1 (7-1-20' U. ADJOURNMENT City of Corpus Christi Page 11 Printed on 5/21/2018 SC o� � U /NCRRPOR 11 AGENDA MEMORANDUM 1852 City Council Meeting of May 22, 2018 DATE: May 17, 2018 TO: Keith Selman, Interim City Manager FROM: Gilbert Hernandez, Director of Municipal Court GilbertH Ca)-cctexas.com 826-2515 Municipal Court City Performance Report (CPR) STAFF PRESENTER(S): Name Title/Position Department 1. Gilbert Hernandez Director of Municipal Court Municipal Court BACKGROUND: This presentation will provide an update regarding Municipal Court performance using the City Performance Report (CPR). A screenshot of the CPR is attached. LIST OF SUPPORTING DOCUMENTS: Screen shot of Municipal Court CPR Municipal Court City Performance Report (CPR) page: Department Municipal Court 4do Mission Statement f LNP16 01111111 Fwffr F SERVE Assist in the adjudication of cases and bring them to finality by providing professional and —t-- p fair administrative services and security. Operational Profile A Safe Harbor Court: People with active warrants WILL NOT be arrested if they appear voluntarily. Violation types filed: Class C Misdemeanor"Fine-only"violations. Courtrooms: 3 Customer Service: Hours open to the public: 8:00 A.M.to 4:30 P.M.Monday through Friday Customer service windows: 10 Phone operators: 2 Division Personnel: Clerk of the Court: 33 City Marshal's Office: 5 City Detention Center(CDC): 23 Marshals'Fleet: 5 Transport van: 1 Enforcement: Omnibase -warrants Collection Agency -warrant reminder calls and letters Collection Improvement Plan -delinquent notices and reminders Alternative options for inability to pay: Payment plans Community service Baseline Information FY 2016-2017 FY 2015-2016 FY 2014-2015 FY 2013-2014 Full-time employees budgeted 63 63 63 63 Total expenditures IS in millions) $4.17 $4.30 $4.40 $4.20 Court costs,fines and fees collected $7,658.934 $6,813,294 $5,836,864 $7,934,678 #Persons processed at CDC 16,388 18.611 16.815 15.901 #Violations filed 48,730 57,977 60,828 65,219 #Trials scheduled 2,822 1.597 NIA NIA #Warrants issued 36,088 9,127 NIA NIA #Warrants served 17,552 5.632 2.116 NIA #Collection calls made 43,905 5.000 3.012 7.885 #New juvenile cases filed 611 976 1.005 1.232 #Juvenile cases assigned for case management services 336 407 141 74 #Juvenile cases successfully resolved 289 224 87 76 Performance Indicators Monthly • 2018 • April Mission Element Goal Measure Target Value Manage the administration of the municipal court Provide court services in an efficient,ethical and knowledgeable #Warrants issued — 3,003 including dockets.records,fine collections,service of manner,in compliance with state laws,City ordinances and state warrants,court room safety agency rules and regulations. #Warrants served — 1,545 #Trials scheduled — 87 #Violations filed — 5.363 #Collection calls made — 4.259 Court costs.fines and — $787,554 fees collected Manage the municipal jail(detention center) Provide an efficient,safe.and secure facility for staff and persons #Persons processed at — 1.226 detained. CDC Provide case management for juveniles Provide knowledgeable staff to manage juvenile cases in a manner #New juvenile cases — 63 that prevents children from becoming further involved in the criminal filed justice system #Juvenile cases — 21 assigned for case management services se 00 � o E Q NCONPOR IEO AGENDA MEMORANDUM 1852 City Council Meeting of May 22, 2018 DATE: May 17, 2018 TO: Keith Selman, Interim City Manager FROM: Steven Viera, Director of Human Resources SteveVCu)-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 $(750k) loss this year with expenses 1.98% above expected. Police has a net FYTD gain of$134 thousand with expenditures are 4.21% below budgeted levels. Citicare has a net FTYD gain of$4.17 million with expenditures currently 18.82% below budget. At the current trend, we will need to request a budget increase in the Fire fund in August. The budget for group health benefits next year (if all plans remain the same as this year) is $34.6 million. Premium costs are shared by the City and the Employee. The City's portion of the costs is expected to be $23.5 million, with the City contributing an average of $14,660 per employee per year for Uniformed employees and $5,600 per year for General employees. In other words, the City's contribution for Uniformed employees is 262% higher than the contribution for General employees. If the City moves from a $5,500 deductible to a $3,000 deductible for General employees and returns to the 50% premium share for dependents, the differential will be reduced from 262% to189%. The City can do this in FY 2019 and still realize savings of$1.7 million over last year's contributions. We are recommending making a few improvements to the Citicare Value plan in fiscal year 2019 to narrow the 262% gap between Uniformed and non-uniformed employees. While the $3,000 proposed deductible is still double that of the $1,500 Texas municipality benchmark, it is a vast improvement over the current deductible of$5,500. LIST OF SUPPORTING DOCUMENTS: Monthly Health Plan Reports (Charts) FY 2018 Health Pla m a s of Apd 130, 2018 largc�.7 oulaf 12 mcmlhs: 511.33% 5{i2�iZp18 Citirare-Fund 5610 !Fe inniragfundbzMnce, , .'..131, S 3:792,929 u 3 6 r d-et Arr L r e en 6 L aget YT D A€tu ads %of B udget voriwxe Revenues = z_,_T1,11Z $ 2£,171,11.Z $ 12,732,486 48.£5% -9.,5E+6 Egxanditures $ c',454,351p $ [21,664,351[ $ 1.8,594,9M[ Permrl g5top Loss Reimbursements $ 34,875 39.519fi -:8.82 6 Chorxge in FH G.505.751 $4,506,76.2 $4,174,977 Current€ash fund balance $7P64P46 Curare fime-Fund SGM Beginning fund.hc!v.,e.1 oyl1120 5,725,t389 rr3 Binet Amended Budget YTD Actuals %of Budget vriwxe Revenues 5 8,482,538 $ 8,482,538 $ 4,8$9,452 57.4L% -0.9315 Erperrditures $ 191315,f36f $ [9,3161635} $ [5,718,439} Pend.r5zop LcssReimbursements $ S8,603 - g3.9L?r�5 6mpnge in FH M34,09S «3d,U9 I$7d9,943,tr Current cash fund ba 3rce $4r975,905 Citi rare Palin.®-Fund 5609 H-owingfundb0ai3Le.101212027 .5 `T5.9.5 G'.1 r3 6u-.=et Amends::t;.=__et YTDA€L %of Binet V4?rinrtca Revenues 9,73,1,5'5 $ 5,3S8,054) 55.479fi -2.17-"6 Expenditures $ [9,725,114[ $ [=,- s,`- s [5,396,2MI Per:'ng!top Lass Reimbu rsernents $ 134,349 54 -421.C6 F9 $5,736 $5,736 5134,113 cur rert.3slh fr.re b3 lance $3,721,029 FIRE PEPM Co5t by Pian for the Period April 2016 through April 2G18 Vi7heesare Rmo&hsdovera12-nwrthperW,but66corev� rrths. dueundOtirarerhare..resrmoorhedover7rroCC VALUE vakees are net of shared sawrgs fees and stop Aws reroverres. PURL C 5P FE1Y ®+– CITICARE — CC CHOICE ir$00-00 1,700-00 irGOOAO ir500-00 1r400-00 1,300-00 ir200J00 ir100-00 1,000-00 900.00 ; � # PLN.*Ad 9f3WID-7 800-00 700-00 600-00 500-00 400-00 300-00 or w 200-00 Plan Design Comparison $8,000.00 $7,000.00 $6,000.00 $5,000.00 $4,000.00 $3,000.00 $2,000.00 $1,000.00 $- ISI Benchmark Fire and Police General Employees- General Employees- Current Plan Normalized Plan ■Deductible a Out-of-Pocket Deductible Out-of-Pocket Dependent Contribution Benchmark $ 1,328 $ 4,038 50% Fire & Police $ - $ 500 50% General Employees - Current $ 5,500 $ 7,150 25% General Employees - Plan Change $ 3,000 $ 7,150 50% Savings Allocation by Fund Cost Savings/Avoidance 3-YR Savings/Avoidance General Fund $ 550,973 $ 1,652,919 Enterprise Funds $ 562,493 $ 1,687,479 Special Revenue Funds $ 282,529 $ 847,587 Internal Service Funds $ 338,057 $ 1,014,171 $ 1,734,052 $ 5,202,156 Health Plan Update Council Presentation May 22, 2018 Summary • Citicare is performing better than expected with expenditures 18.8% below budget • Fire has a $750k loss fiscal year to date, with a negative expenditure variance of 2% • Police is performing better than expected with expenditures 4.2% below budget OL Plan Performance FY 2018 Health Pla ma s of ApH 1 30,2018 angel7 cwtd 12—ths: 5a33% 5/12/2018 Citi care-Fund 5610 3;792.929 z-a BLc_-t Amended Budget YTOActuals %of Buffet Voriumre Rever lees 5„ 25,171,112 $ z5,171,112 $ L2,732,08B 48.55% -9.W% Expenditures $ Iz1,554,351[ $ [z1,554,351} $ [8,594,985} 39-51% -28.82!5 Pen&ng Stop Loss Rembursemwds $ 34 875 6xff2gE nFB $4,506,70 $4,5D6,76.2 $4,173,977 current cash fund balance S7;-P- Citicare Fire-Fund 56U8 _ Beg- 1fijnd bnlnnce,-1 /V:V 0.17 S 5,725,889 [ariginedBudget Amended Budget YTDActuais 'A of Budget v4zrwr e Revenues $ 8,482,538 $ 8,482,538 $ 4,869,452 57.41% -0.934 Expenditures $ [913L81535} $ [913151536} $ {5,718,039} 90 Pew ng Stop Loss Reimbursem=ents $ 998,903 - -974 % CFXWpein FB ($834,098.4 ($8341098] '1$749,984} Current cash fLrd ba anee $4,975,905 Citicare Police-Fund55U9 BeSuz wWfu.,Jh:!.a. e,3CV-V2037 $ 3,586,926 Ordwi Budget .. _ ___5 _ Y'rOActuals %of Budget Vuraonce RevV RLQ $ 9,731,875 =,-- ,a-5 $ 513981050 55.47% -2.57'16 $ [9,726,140} $ [9,725,UC) $ {5,398,288} =3 , SS1Z% -422% 'u3 Reimbl®rsements $ L34,349 . r F8 $5,736 $5,7M $134,113 _- =rt ash fund balance $3,721,029 3 Per Employee Per Month (PEPM) FIRE PERM Cast by Plan for the Period April 2015 through April 2018 Vixu ore smaM7red overoi2-rncrgYr period Gut fFficnre YoVue and Ctimre devirea-e srrwo[hed over7naa as. —OF—CC VALUE YuNxs ore nernf�hwPd smwrgs fees and sYojY Aass rem�erres- PUBO C SAFE-'! -+ CITICARE CC CHOICE. 1�00A0 1,706.00 1,GOOA0 1�60A0 1400.00 lam'OOAO 1�66A4 1�00A0 1,066.00 400.00 roe.tea u3Na 80000 700.00 600.00 50000 40000 30000 200.00 L ti° �ti� ti� �o yo yn lc, y �ti v'L tih tit 'l ,9 N" �` � `� ��' � ci•' � a� �" � � � � �' ''' �' �` �` �*� off' � F�° � a& 4 @ I Plan Normalization Plan Design Comparison $8,000.00 $7,000.00 $6,000.00 $5,000.00 $4,000.00 $3,000.00 $2,000.00 $1,000.00 Benchmark Fire and Police General Employees- General Employees- Current Plan Normalized Plan ■Deductible ■Out-of-Pocket Deductible Out-of-Pocket Dependent Contribution Benchmark $ 1,328 $ 4,038 50% Fire & Police $ - $ 500 50% General Employees-Current $ 5,500 $ 7,150 25% General Employees- Plan Change $ 3,000 $ 7,150 50% E-v) Savings Allocation - Funds Cost Savings/Avoidance 3-YR Savings/Avoidance General Fund $ 550,973 $ 1,652,919 Enterprise Funds $ 562,493 $ 1,687,479 Special Revenue Funds $ 282,529 $ 847,587 Internal Service Funds $ 338,057 $ 1,014,171 $ 1,734,052 $ 5,202,156 O U yCORPOR I AGENDA MEMORANDUM isg2 for the City Council Meeting of May 22, 2018 DATE: May 17, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Water Utilities DanG(o-)-cctexas.com 361-826-1689 UPDATE TO CITY COUNCIL Wastewater Rate Update STAFF PRESENTER(S): Name Title/Position Department 1. Dan Grimsbo Executive Director of Water Utilities Water Utilities 2. Reba George Asst. Director of Support Services Water Utilities BACKGROUND: This presentation follows up the February 27, 2018 report on the new wastewater rate which took effect January 1, 2017. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation Update on City Operations Wastewater Rate Update City Council May 22, 2018 y Wastewater Rate Update • Comparison of Wastewater Charges for 4 customers - Jan - April 2017 and 2018, Winter Qtr Avg vs new Wastewater rate structures • Comparison of Wastewater revenue posted through 4/30 - FY17 and FY18 • Utility Business Office call volume concerning Wastewater charges on bills - 2017 and 2018 y Wastewater Rate Update Comparison of Wastewater Charges for 5 customers - Jan- April 2017 and 2018, Winter Qtr Avg vs. new Wastewater rate structure #1 2017 2018 #2 2017 2018 #3 2017 2018 Over/(Under) Over/(Under) Over/(Under) WQA 3,000 Gallons Actual Previous Year WQA 4,000 Gallons Actual previous year WQA 5,000 Gallons Actual previous year Jan $ 40.72 5,000 $42.35 $ 1.63 Jan $ 47.41 3,000 $35.85 $ (11.56) Jan $ 54.10 5,000 $42.35 $ (11.75) Feb $ 40.72 3,000 $35.85 $ (4.87) Feb $ 47.41 2,000 $32.60 $ (14.81) Feb $ 54.10 2,000 $32.60 $ (21.50) Mar $ 40.72 3,000 $35.85 $ (4.87) Mar $ 47.41 2,000 $32.60 $ (14.81) Mar $ 54.10 4,000 $39.10 $ (15.00) Apr 1 $ 40.72 3,000 $35.85 $ jApr 1 $ 47.41 3,000 $35,85T$ (11.56) Apr $ 54.10 12,000 $74.70 $ 20.60 #4 2017 2018 #5 2017 2018 Over/(Under) Over/(Under) WQA 6,000 Gallons Actual previous year WQA 7,000 Gallons Actual previous year Jan $ 60.79 5,000 $42.35 $ (18.44) Jan $ 67.48 4,000 $39.10 $ (28.38) Feb $ 60.79 4,000 $39.10 $ (21.69) Feb $ 67.48 3,000 $35.85 $ (31.63) Mar $ 60.79 5,000 $42.35 $ (18.44) Mar $ 67.48 10,000 $65.00 $ (2.48) Apr $ 60.79 6,000 $45.60 $ (15.19) Apr $ 67.48 11,000 $69.85 $ 2.37 AOL Wastewater Rate Update Comparison of Wastewater Revenue posted through 4/30 - FY17 and FY18 '!wBudgeted I FY17 $ 41,272,848 $ 41,557,944 FY18 $ 46,453,555 $ 39,990,010 y Wastewater Rate Update • The Utility Business Office (UBO) customer call volume about wastewater charges has not decreased from 2017 to 2018. • Questions about winter quarter averaging have been replaced with questions about the new wastewater rate structure. Wastewater Rate Update Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 i I cctexas.com �xa Meeting Minutes City Council Tuesday, May 15,2018 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Deacon Jesse Hinojosa, Diocese of Corpus Christi. Deacon Jesse Hinojosa gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Sylvia C. Trevino, Assistant City Manager. Assistant City Manager Sylvia C. Trevino 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 5/17/2018 City Council Meeting Minutes May 15,2018 Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Everett Roy,Council Member Lucy Rubio, and Council Member Greg Smith E. Proclamations /Commendations 1. Proclamation declaring May 2018, "Amyotrophic Lateral Sclerosis (ALS) Awareness Month". Proclamation declaring May 2018, "Motorcycle Safety and Awareness Month". Proclamation declaring May 2018, "Older Americans Month". Proclamation declaring May 14 - 20, 2018, " National Salvation Army Week". Proclamation declaring May 17, 2018, "Dr. Hector P. Garcia & Dr. Clotilde P. Garcia, American GI Forum Chapters of Texas, 'Stand Up for Veterans', 7th Annual Scholarship Awards Banquet". Proclamation declaring May 18, 2018, "Bike to Work/School Day". Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb presented the proclamations and conducted the swearing-in ceremony for newly appointed board and committee members. 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. Sherry Sells, 5014 Wingfoot, requested that the City Council revisit the Solid Waste Services'guidelines regarding the Americans with Disabilities Act (ADA)assistance related to caregivers.Jack Gordy, 4118 Bray,spoke regarding illegal signs. Shirley Thornton, 1917 Woodcrest, Flour Bluff Citizens Council, spoke regarding piles of debris and bulky trash items not collected by Solid Waste in the Flour Bluff area. Margareta Fratila, 3606 Tripoli, spoke regarding the Water Department and related legal issues. Sylvia Campos,4410 Fir,spoke regarding petitions being circulated regarding potential budget cuts to libraries and the submission of a letter from the City of Corpus Christi requesting that entities in the City's industrial districts pay their share of taxes. Isabel Araiza, 326 Poenisch,spoke regarding the following topics:Agenda Item 32, an City of Corpus Christi Page 2 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 executive session regarding the evaluation of the City Manager;Agenda Item 27, a proposed regional sports complex;economic development incentives; industrial district agreements; and petitions being circulated regarding opposition to budget cuts to libraries.Julie Rogers, 710 Furman,spoke regarding potential budget cuts to libraries and campaign contributions to City Council members from Flint Hills. Jim Klein, 3501 Monterrey Street,spoke regarding potential budget cuts to libraries. James Skrobarczyk, 710 Oriole Street, spoke regarding the problem with debris in the Flour Bluff area and Agenda item 27, a proposed regional sports complex.Alan Thornburg,2406 Elizabeth,spoke regarding the Sister City Committee. Carolyn Vaughn,4214 Spring Creek Drive, spoke regarding the following:stating that she never received contributions from Flint Hills during her campaign;spoke in opposition to Agenda Item 27, a proposed regional sports complex in the London area; and encouraged the City Council to consider the use of OiIbelt/Lyon dell Basell Park as a location for the regional sports complex. Susie Luna Saldana, 4710 Hakel,spoke regarding the City's budget and prioritizing funding for first responders. Bryan Watson, 5813 Hugo, expressed appreciation to the Police Department for the Jail Diversion Program. Mike Pusley, 3916 Castle Valley Drive, spoke regarding Agenda Item 27, a proposed regional sports complex and invited the City Council to consider development of a regional sports complex near LyondellBasell Park. 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: C. OTHER 1) The City wants to remind residents to continue checking for leaks in their home in anticipation of water pressure increases related to the Holly Road Water Tower. The Rand Morgan Water Town is expected to be on line in about a month.2) The grand opening of the Ennis Joslin Extension will be held Friday, May 18, 2018 at 10:00 a.m. near 1938 Ennis Joslin Road. 3)City Manager Rose introduced the new Animal Care Services Program Manager Mike Gillis. 4) City Manager Rose recognized Senior Officer Samantha Baldwin as the Corpus Christi Police Officer of the Year and MetroCom Supervisor Steven Bly for his heroic efforts to save the life of a resident. a. REQUEST FOR QUALIFICATIONS - PROGRAM MANAGER - UPDATE City Manager Rose provided an overview of the process and timeline regarding the Request for Qualifications process for a Program Manager. b. STRATEGIC FUTURE ISSUES None. G. MINUTES: 2. Regular Meeting of May 8, 2018. Mayor McComb referred to approval of the minutes. City of Corpus Christi Page 3 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 Council Member Garza made a motion to approve the minutes,seconded by Council Member Guajardo and passed unanimously. H. BOARD & COMMITTEE APPOINTMENTS: 3. Civil Service Commission Civil Service Board Commission on Children and Youth Mayor McComb referred to board and committee appointments. The following appointments were made: Civil Service Commission Council Member Garza made a motion to reinstate Robert W. Judkins, seconded by Council Member Lindsey-Opel and passed unanimously. Civil Service Board Council Member Lindsey-Opel made a motion to reinstate Robert W.Judkins, seconded by Council Member Garza and passed unanimously. Commission on Children and Youth Council Member Lindsey-Opel made a motion to reappoint Donine Schwartz (At-Large)and Joseph N. Miller(Youth &Family Services),seconded by Council Member Garza and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 11) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.A council member requested that Item 10 be pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Garza, seconded by Council Member Lindsey-Opel,to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 4. Resolution authorizing outside city limits water contract for City of Corpus Christi Page 4 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 property at 7085 Jurica Road Resolution authorizing outside city limits water contract for agricultural use with Sancha Properties, LLC for property at 7085 Jurica Road (County Road 37). This Resolution was passed on the consent agenda. Enactment No: 031428 5. Service Agreement for Heavy Equipment Rentals for Public Utilities Motion authorizing a 12-month service agreement with Herc Rentals Inc., of Bonita Springs, Florida via US Communities, for the rental of heavy equipment for a total amount not to exceed $236,790.00. This Motion was passed on the consent agenda. Enactment No: M2018-081 6. Resolution to participate in AEP's filing at the Public Utility Commission for a Distribution Cost Recovery Factor Resolution of the City of Corpus Christi, Texas authorizing participation in the Public Utility Commission of Texas Docket 48222 regarding AEP Texas Inc.'s application to amend its distribution cost recovery factors; finding that the City's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. This Resolution was passed on the consent agenda. Enactment No: 031429 7. Approval of By-Laws for the Corpus Christi B Corporation Motion approving the by-laws of the Corpus Christi B Corporation as approved by the Corporation's Board of Directors on March 19 and April 16, 2018. This Motion was passed on the consent agenda. Enactment No: M2018-082 8. Appointing Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation City of Corpus Christi Page 5 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 Motion appointing Council Member Everett Roy as Board Member to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. This Motion was passed on the consent agenda. Enactment No: M2018-083 9. Appointing Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing Council Member Everett Roy as Board Member to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. This Motion was passed on the consent agenda. Enactment No: M2018-084 11. Second Reading Ordinance -Authorizing conveyance of City property to Texas Department of Transportation (TxDOT) (1st Reading 5/8/18) Ordinance authorizing conveyance of City property to the Texas Department of Transportation for Parcel 322 (0.2076 acres of Lot 1, Lot 7 and Lot 8, Block 1 of Craven Heights - $29,494.00); and Parcel 321(AC) (access denial at 1208 Peabody Avenue - $4,000) This Ordinance was passed on second reading on the consent agenda. Enactment No: 031431 10. Second Reading Ordinance - Land exchange agreement for Rodd Field Road Expansion Project (Bond 2014, Proposition 2) (Council Priority - Streets) (1st Reading 5/8/18) Ordinance approving a land exchange agreement between the Nuss Family Partnership, Ltd., GSC Holdings, Ltd. and Wayne Lundquist, Jr. ("Owner") and the City of Corpus Christi, Texas ("City") which calls for Owners to convey their interest in a 1.2969 acre parcel of land at the intersection of Yorktown Boulevard at Rodd Field Road to the City and for the City to convey and abandon its interest in a 1.939 acre tract known as Airline Extension between Yorktown Boulevard and Rodd Field Road, Corpus Christi, Texas. Mayor McComb referred to Item 10, a land exchange agreement for the Rodd Field Road Expansion Project. City Secretary Rebecca L. Huerta announced that Council Members Garza and Lindsey-Opel were abstaining on this item. Executive Director of Public Works Valerie Gray and council members discussed: the construction schedule; Rodd Field Road being a dangerous City of Corpus Christi Page 6 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 intersection; and the parcel of property being conveyed. There were no comments from the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 2- Council Member Garza and Council Member Lindsey-Opel Enactment No: 031430 N. REGULAR AGENDA: (ITEM 14) 14. Second Reading Ordinance - Type A Grant for Nueces County Courthouse Development Partners, LLC("Courthouse") (Council Priority - Economic Development) (1st Reading 5/8/18) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Nueces County Courthouse Development Partners, LLC, to provide a grant of up to $3,000,000, for the creation of jobs and infrastructure construction to enhance economic development; appropriating said funds from the Business/Job Development Fund; and amending the budget. Mayor McComb deviated from the agenda and referred to Item 14. Iain Vasey, Corpus Christi Regional Economic Development Corporation, stated that the purpose of this item is to approve a Type A Business Incentive Agreement grant in an amount not to exceed$3,000,000,with the Nueces County Courthouse Development Partners, LLC,to renovate the old Nueces County Courthouse. Mr. Vasey provided information regarding:the creation of jobs; the return on investment; and the performance-based measures. Mr.Vasey introduced Jim McCue,Vice President of Coon Restoration. Mike Pusley thanked the City Council, Type A Board, and TIRZ#3 Board for their support of the project. Council members, Mr.Vasey and Mr. McCue discussed the following: the renovation of the old Nueces County Courthouse being a vision and catalyst for growth for the community; a list of comparable similar projects renovated by Nueces County Courthouse Development Partners, LLC; the tax incentive; and performance-based measures. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith City of Corpus Christi Page 7 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 Abstained: 0 Enactment No: 031432 M. PUBLIC HEARINGS: (ITEM 12) 12. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 3902 Cimarron Boulevard. Case No. 0318-01 Estate of Margaret J. Pasztor: Ordinance rezoning property at or near 3902 Cimarron Boulevard from "FR" Farm Rural District to the "RM-2" Multifamily 2 District. Planning Commission and Staff Recommendation (April 4, 2018): Approval of the change of zoning from "FR" to "RM-2". Mayor McComb deviated from the agenda and referred to Item 12. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for the construction of an apartment complex with a maximum of 288 apartment units. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change.John Bell, representative of the applicant Cypress Brook, spoke in support of the recommendation. Council members and staff discussed the following topics:the opposition letters received from outside the notification area and the reason the proposed rezoning would warrant an amendment to the Future Land Use Map. Mayor McComb opened the public hearing. There were no comments from the Council or 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: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 R. EXECUTIVE SESSION: (ITEM 30) Mayor McComb deviated from the agenda and referred to Executive Session Item 30. The Council went into executive session at 1:35 p.m. The Council returned from executive session at 2:30 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 the purchase, exchange, lease, or value of real property rights at or in the vicinity of the City of Corpus Christi Page 8 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 Frost Bank Building and/or 2400 Block of Leopard Street, and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of the aforementioned locations) because deliberation in an 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. L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 30. N. REGULAR AGENDA: (ITEM 14 - 17) 15. Second Reading Ordinance -Authorization for Issuance of General Improvement Bonds to finance voter-approved Bond 2016 Projects (Council Priority - Streets) (1st Reading 5/8/18) Ordinance authorizing the issuance of"City of Corpus Christi, Texas General Improvement Bonds, Series 2018", in an aggregate principal amount not to exceed $18,350,000; levying a continuing direct annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the letter of representations on file with the depository trust company; and providing an effective date. Mayor McComb deviated from the agenda and referred to Item 15. Director of Financial Services Constance Sanchez stated that Items 15, 16, and 17 were related to the issuance of bonds. The purpose of Item 15 is to authorize the issuance of an amount not to exceed$18,350,000 of General Improvement Bonds to finance voter-approved Bond 2016 projects. The purpose of Item 16 is to authorize the issuance of Certificates of Obligation in an amount not to exceed $15,750,000 for projects associated with Bond 2014, facilities, and street improvements associated with the Harbor Bridge replacement project. The purpose of Item 17 is to authorize the issuance of Certificates of Obligation in an amount not to exceed $7,500,000 for construction of Sector 3C disposal cell at the Cefe Valuenzuela Landfill. Noe Hinojosa, Financial Advisor, spoke regarding market value and pricing of the bonds. In response to a council member, Clay Binford, Bond Counsel, explained the verbal award of the bonds and the execution of the purchase contract. There were no comments from the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on second reading and City of Corpus Christi Page 9 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031433 16. Second Reading Ordinance -Authorization for Issuance of Certificates of Obligation for Streets and Facilities (Council Priority - Streets) (1st Reading 5/8/18) Ordinance authorizing the issuance of"City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2018K in an amount not to exceed $15,750,000 for the purpose of financing costs associated with making permanent public improvements within the City; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations on file with the depository trust company; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. This item was discussed during the discussion regarding Item 15. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031434 17. Second Reading Ordinance -Authorization for Issuance of Certificates of Obligation for Solid Waste (1st Reading 5/8/18) Ordinance authorizing the issuance of"City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, City of Corpus Christi Page 10 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 Taxable Series 201813" in an amount not to exceed $7,500,000 for the purpose of financing costs associated with making permanent public improvements to the City's Solid Waste system; providing for the payment of said Certificates by the levy of an ad valorem tax upon all taxable property within the City and further securing said Certificates by a lien on and pledge of the pledged revenues of the Solid Waste System; providing the terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations on file with the depository trust company; enacting other provisions incident and related to the subject and purpose of this ordinance; and providing an effective date. This item was discussed during the discussion regarding Item 15. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Smith. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031435 M. PUBLIC HEARINGS: (ITEM 13) 13. Public Hearing and First Reading Ordinance - Updating the Urban Transportation Plan deleting two proposed collector streets Ordinance updating the Urban Transportation Plan by deleting two proposed (Cl) Collector streets located north of FM 624 between Calallen High School and County Road 69 and the existing River Canyon Drive (Cl) Collector. Mayor McComb deviated from the agenda and referred to Item 13. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to amend the City's Urban Transportation Plan map, at the request of Calallen Independent School District, by deleting two proposed collector streets located north of FM 624 between Calallen High School and County Road 69 and the existing River Canyon Drive collector. Calallen Independent School District is proposing to construct an elementary school north of County Road 69 and FM 624. Council Members and staff discussed the following topics:the adjacent subdivision's traffic circulation; ingress and egress from the property; and the City of Corpus Christi Page 11 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 reason for deletion of the streets. Mayor McComb opened the public. There were no comments from the public. Mayor McComb closed the public hearing. 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: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 O. FIRST READING ORDINANCES: (ITEM 18 - 19) 18. First Reading Ordinance -Appropriating $200,000 for Convention Center Content Development Ordinance appropriating $200,000 capital contribution from SMG into the Visitor Facility Fund to fund Convention Center content development; and amending the FY18 operating budget. Mayor McComb referred to Item 18.Assistant to the City Manager Esther Velazquez introduced Matt Blasy, General Manager of the American Bank Center. Ms. Velazquez stated that the purpose of this item is to appropriate $200,000 to fund Convention Center content development. Mr. Blasy explained that the funding would be used to increase event content and offset costs of the Convention Center. There were no comments from the public. In response to a council member, Mr. Blasy stated that the funds would be used as an incentive to offset costs of events. 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: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 19. First Reading Ordinance -Amending Ordinance for the Regional Local Services System/Local Public Health System (RLSS/LPHS) to increase grant program and appropriating funds for the contract period September 1, 2017 through August 31, 2019 Ordinance amending Ordinance No. 031235 regarding the Regional Local Services System/Local Public Health System grant to increase related program income by $140,000.00 for new estimated total program City of Corpus Christi Page 12 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 income of$400,000. Mayor McComb referred to Item 19. Director of Public Health Annette Rodriguez stated that the purpose of this item is to accept an amendment to increase grant program income in the amount of$140,000 for the contract period of September 1,2017 through August 31, 2019 for a new estimated total program income of$400,000. There were no comments from the Council or the public. Council Member Roy made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEM 20 - 24) Mayor McComb referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 21 and 22. 20. Resolution Authorizing a One-Year Service Agreement with Two One-Year Options for Custodial Services for Outlying Police Buildings Resolution authorizing a one-year service agreement with Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services of Corpus Christi, Texas, to perform custodial services for outlying Police buildings for a total amount not to exceed $85,878.34, with two one-year options for a total potential multi-year amount of$257,635.02. This Resolution was recommended to the consent agenda. 21. Service Agreement to Audit Claims Processing of Self-Funded Medical and Pharmacy Plans Motion authorizing a six-month service agreement, with Claim Technologies Incorporated, of Des Moines, Iowa to perform an audit of the claims processing associated with the self-funded medical and pharmacy plans for an amount not to exceed $72,193.00. This Motion was recommended to the consent agenda. 22. Resolution Authorizing Negotiation and Execution of Service Agreements to Provide Third-Party Administration of the City's Self-Funded Employee Benefits City of Corpus Christi Page 13 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 Resolution authorizing negotiation and execution of four, three-year service agreements to provide third-party administration of the City's self-funded employee benefits for a total estimated cost of$127,400,000, with two one-year renewal options, as shown below: Blue Cross and Blue Shield of Texas (BCBSTX), a Division of Health Care Service Corporation, of Richardson, Texas, for medical, dental and COBRA plans with an estimated cost of$97,860,000. CAREMARKPCS Health, L.L.C. (CVS), of Northbrook, Illinois, for pharmacy benefits with an estimated cost of$26,800,000. Dearborn National Life Insurance Company, of Lombard, Illinois, for life insurance including ADD, optional and supplemental plans with an estimated cost of$2,060,000. Ochs Inc., on behalf of Madison National Life Insurance Company, Inc. (Ochs), of Madison, Wisconsin, for long term disability with an estimated cost of$680,000. This Resolution was recommended to regular agenda. 23. Purchase and Installation of Playground Equipment at Lt. Alexander Park Motion authorizing the purchase and installation of playground equipment at Lt. Alexander Park from GameTime by Total Recreation Products, Inc. of Cypress, Texas via BuyBoard for a total amount not to exceed $76,273.62. This Motion was recommended to the consent agenda. 24. Resolution Approving a Homebuyer Assistance Program Agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi Resolution approving an agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi in the amount of$320,000 for the Type A Affordable Housing Program. This Resolution was recommended to the consent agenda. Q. BRIEFINGS: (ITEMS 25 -28) 25. Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Q1 2018) City of Corpus Christi Page 14 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 Mayor McComb referred to Item 25. Iain Vasey, Corpus Christi Regional Economic Development Corporation (EDC), stated that the purpose of this item is to provide the EDC quarterly update. Mr. Vasey presented the following information:the 2018 business attraction summary; business retention expansion; recent successes and pending projects; employment by sector;the investor summary;the housing market outlook related to Corpus Christi housing affordability and cumulative impact on housing needs; and the objectives and results of the San Patricio and Nueces Counties Community Survey 2018. A council member thanked Texas A&M University-Corpus Christi for their assistance regarding the survey. 26. Corpus Christi Regional Economic Development Corporation (CCREDC) Economic Development Summit Update Mayor McComb referred to Item 26. Iain Vasey, Corpus Christi Regional Economic Development Corporation (EDC), stated that the purpose of this item is to provide an update on the topics discussed at the Economic Summit Workshop held on January 23,2018. Mr.Vasey provided a brief overview of the EDC's follow-up work regarding: incentive policies; community growth management; utilities &water related to future industrial and employer demand; housing; and small businesses. Council members and Mr.Vasey discussed the following topics:small business and minority businesses; affordable housing;the benefits of economic development incentives to the community; and the voter-approved sales tax for economic development. 27. A Proposed Regional Sports Complex as a Private/Public Partnership Mayor McComb referred to Item 27. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to provided a briefing regarding the proposed regional sports complex. Mr. Ellington introduced the partners with SQH Sports &Entertainment, LLC (SQH)including: Bert Quintanilla, Derrick Hegmon, and Brent Stazer. Mr. Ellington presented the following information:the initial agreement terms;the sports complex area map;the restrictions on the property related to the special floodway;the current proposed sports complex site plan;the SQH team;the economic benefits of the sports complex; the community benefits;the regional sports complex improvements; other commercial improvements; and performance milestones. The second reading regarding the SQH ground lease agreement is scheduled for the May 22,2018 Council meeting. Following Mr. Ellington's presentation, council members,staff and the SQH team discussed the following topics:the date the Request for Proposal (RFP) regarding the regional sports complex was released;the language in the RFP regarding the financial statement from the previous two years and how SQH could have produced such financial statements when the business began in March 2014; if the RFP process would need to be redone because the original plan has significantly changed; a request for SQH to provide a list of sports management experience;the RFP not being mandatory for the lease of real property; case law regarding the maximum term allowed for a lease agreement; the appraised value of the property; consideration that the City of Corpus Christi Page 15 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 property be used for residential;the experience of the SQH organization;the City not receiving revenue from the proposed regional sports complex; a request by a council member regarding financial sustainability;the timeline of the regional sports complex project; a timeline of the work and funding already provided by SQH to move the project forward; how the additional acreage became part of the plan;the financial and performance milestones in the contract;the contract being prepared as part of a negotiation between the City and SQH;the City not receiving its fair share of the asset; if the original scope of the project included a commercial element;the difference between the original concept and the current proposed contract;what the additional land will be used for;the public area;the price offered by SQH for the sale of the land; the plan for the Oso Parkway Extension;the benefits to the community; whether the current lease is in effect; and the ramifications of not approving the replacement lease. City Manager Margie C. Rose stated that staff would prepare responses to the City Council's questions and schedule the second reading when ready. 28. Lease Agreement for Helicopter Air Tours at The Water's Edge Mayor McComb referred to Item 28. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to provided information regarding a lease agreement with Espejo Helicopter, LLC for helicopter air tours at the The Water's Edge Park. Mr. Ellington presented the following information:the contract terms;the location of the proposed helicopter site; and the services to be provided. Council members and staff discussed the following topics: provisions in the agreement related to protecting the surrounding ambiance; remaining in contact with users of The Water's Edge Park; provisions related to encroachment of air space regarding the Port of Corpus Christi;the limits of liability; approval for park use requiring approval from the Director of Parks and Recreation; and safety concerns. R. EXECUTIVE SESSION: (ITEMS 29, 31 AND 32) Mayor McComb referred to Executive Session Items 29, 31 and 32. The Council went into executive session at 5:36 p.m. The Council returned from executive session at 8:24 p.m. 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 dissolved oxygen standards, the wastewater collection and treatment system, and state and federal environmental regulation of water. This E-Session Item was discussed in executive session. 31. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving City of Corpus Christi Page 16 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 water or other utility services, including potential grants for desalination facilities, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, and potential creation of entities that could provide or assist in the provision of the aforementioned services, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said business prospect(s). This E-Session Item was discussed in executive session. 32. Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Mayor McComb referred to Item 32. City Manager Margie C. Rose read the following statement: "Dear Mayor and Council: I would like to begin by saying"Thank you"for a wonderful 16 years of service with the City of Corpus Christi as Assistant City Manager, Deputy City Manager and City Manager. I have truly enjoyed my time here serving the citizens of Corpus Christi.As a Professional City Manager who has been in City Management for more than 30 years, I have always strived to be the best in the positions I have held. However, as a professional you should know when it is time to make a transition. I feel that the time has come for me to make that transition. Therefore, I hereby tender my resignation, effective Wednesday, May 16,2018 and exercise Section 10 -Termination, subsection (d)and Section 11 - Severance of my Employment Agreement. Thank you for allowing me to be a part of this community. I wish you and the citizens of Corpus Christi the very best." The following motion was considered: Motion to accept the resignation of City Manager Margie C. Rose, effective May 16,2018, and provide for 6 months severance(plus compensation for unused vacation leave)to the City Manager in accordance with Section 11 of the Employment Agreement of the City Manager,with such severance conditioned City of Corpus Christi Page 17 Printed on 5/17/2018 City Council Meeting Minutes May 15,2018 on a release as provided in Section 12 of said agreement. Mayor McComb 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 Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Nay: 1 - Council Member Guajardo Abstained: 0 Enactment No: M2018-085 Mayor McComb referred to Item 32 and announced that the City Council would return to executive session on this item. The Council went into executive session at 8:27 p.m. The Council returned from executive session at 8:53 p.m. and the following motion was considered: Motion to appoint Keith Selman as Interim City Manager and set a base salary of$200,000 per year plus $7,200 per year car allowance during such period as Interim City Manager. Mayor McComb made a motion to approve the motion,seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-086 S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. T. ADJOURNMENT The meeting was adjourned at 8:56 p.m. City of Corpus Christi Page 18 Printed on 5/17/2018 se GO � 1k �� O H v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 8, 2018 "CORPOppjESecond Reading for the City Council Meeting of May 15, 2018 1852 DATE: April 12, 2017 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services NinaM@cctexas.com (361) 826-3276 Resolution authorizing execution of Developer Participation Agreement with MPM Development, LP in the amount of $60,444.45 for the City's share of the cost for bridge removal and replacement on Starry Road, near the intersection of Starry Road and Yorktown Boulevard. CAPTION: Resolution authorizing City Manager or designee to execute a Developer Participation Agreement ("Agreement") with MPM Development, LP, ("Developer"), to reimburse the Developer up to $60,444.45 for removing and replacing an existing bridge at the intersection of Yorktown Boulevard and Starry Road, in accordance with the Unified Development Code. PURPOSE: MPM Development, LP, will remove and replace an existing bridge on Starry Road near the intersection of Yorktown Boulevard and Starry Road. Approval of the agreement will allow the developer to continue with the proposed single-family residential development known as Starlight Estates Unit 1. The subdivision is located along the south side of Yorktown Boulevard and west of Starry Road. BACKGROUND AND FINDINGS: Current conditions of the bridge on Starry Road pose a public safety hazard and will require replacement to serve a developing area within the city. The bridge is the last of the old timber bridges that is hydraulically and structurally inadequate. In addition, Corpus Christi ISD school buses have not used this bridge to pick up school children since 2011 due to the bridge's condition. Starry Road serves an area that consists primarily of large lot homesteads, however, platting has begun on the first phase of a 57.211-acre tract of land. The developer, MPM Development LP, is proposing to develop a 71-lot single-family residential subdivision known as Starlight Estates Unit 1. The tract of land is located along the south side of Yorktown Boulevard and west of Starry Road. Starlight Estates Unit 1 has a plat that was approved by the Planning Commission on November 15, 2017. Starlight Estates Unit 1 will eventually be connected to Starlight Estates Unit 2 with a proposed 40 lots and Starlight Estates Unit 3 with a proposed 63 lots. Development Services approved the proposed Public Improvements for Starlight Estates Unit 1 which include the bridge improvement. The final inspection of the bridge improvement will be done by the City's Construction Inspections Division. The City initiated discussion with the developer on the need to upgrade the bridge that is on the perimeter of the Starlight development. The developer is agreeing to participate in the project voluntarily. The participation agreement includes removing and replacing the existing bridge at the intersection of Yorktown Boulevard and Starry Road. The replacement of the wooden bridge increases capacity to anticipate other future development in the area, meeting the requirements of the Texas Local Government Code 212.072 regarding participation agreements. The Developer will provide 10% of the construction costs of the bridge improvement and the City will provide 90% of the total cost of$67,160.50. This project falls outside the scope of UDC 8.4.1.0 that prescribes a prorated participation level for projects required as a result of platting. This project is not a requirement of the plat and the street is already dedicated to the City. The City ultimately has the responsibility for maintenance of the wooden bridge. Yorktown Boulevard is classified as an A3 Arterial Road as per the Urban Transportation Plan and Starry Road is a Sectional Road that is not on the Urban Transportation Plan. ALTERNATIVES: Disapproval of the Participation Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The bridge improvement is consistent with Plan CC in that, per the Southside Area Development Plan, the intent of the proposed land use plan supports both existing and planned residential neighborhoods and related growth in Southside Area Development Plan areas. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not Applicable Project to Fiscal Year: 2017-2018 Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $$67,160.50 $67,160.50 $67,160.50 Encumbered / Expended ($20,000.00) Amount This item j $20,000.00 j $40,444.45 j $60,444.45 BALANCE $47,160.50 $6,716.05 $6,716.05 Fund(s): Fund 3701 Comments: RECOMMENDATION: Staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Resolution Participation Agreement with Exhibits PowerPoint Presentation Resolution authorizing execution of Developer Participation Agreement with MPM Development, LP in an amount not to exceed $60,444.45 for bridge removal and replacement for Starlight Estates Unit 1 WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being a 15.454 acre tract of land, more or less, a portion of Lots 24, 25 and 26 Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property to be known as Starlight Estates Unit 1 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to remove and replace an existing bridge at the intersection of Yorktown Boulevard and Starry Road; WHEREAS, removal and replacement of the existing bridge increases capacity and public safety; WHEREAS, Texas Local Government Code §212.072 authorizes a municipality to participate up to 100 percent of the total cost for any oversizing of improvements required by the municipality, including but not limited to increased capacity of improvements to anticipate other future development in the area; WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code; and WHEREAS, it is in the best interests of the City to have the public infrastructure installed by the Developer/Owner in conjunction with the Owner's final Plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a Developer Participation Agreement ("Agreement"), on file with the City Secretary's office, with MPM Development, LP, ("Developer") for the City's portion of the removal and replacement of an existing bridge at the intersection of Yorktown Boulevard and Starry Road for development of Starlight Unit 1 Subdivision, Corpus Christi, Nueces County, Texas. 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 Everett Roy Lucy Rubio Greg Smith PARTICIPATION AGREEMENT FOR OVERSIZING STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager or designee and MPM Development, LP., ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being a 15.454 acre tract of land, more or less, a portion of Lots 24, 25 and 26 Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Starlight Estates Unit 1 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to remove and replace an existing bridge at the intersection of Yorktown Boulevard and Starry Road as depicted on and in accordance with the improvement requirements (the "Project") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement; WHEREAS, it is in the best interests of the City to have the public infrastructure installed by the Developer/Owner in conjunction with the Owner's final Plat; WHEREAS, Texas Local Government Code §212.072 authorizes a municipality to participate up to 100 percent of the total cost for any oversizing of improvements required by the municipality, including but not limited to increased capacity of improvements to anticipate other future development in the area; and WHEREAS, this Agreement is made pursuant to the Texas Local Government Code Chapter 212 and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: Section 1. RECITALS. The parties agree that the language contained in the recitals of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. Section 2. 'DEVELOPER/OWNER PARTICIPATION. Developer/Owner agrees to pay for all costs related to the design and construction of the Project (the "Project Costs") in accordance Page 1 of 11 with the design plans as approved in writing by the City's Director of Development Services or designee prior to contract award. The parties acknowledge and confirm the total cost for the Project of$67,160.50, which is attached to and incorporated in this Agreement as Exhibit 3 (the "Project Cost"). Developer/Owner shall award a contract for the Project and shall substantially complete construction of the Project on or before the expiration of 24 calendar months measured from the date this document is executed by the City. Pursuant to Texas Local Government Code §212.072(b)(1), Developer/Owner need not comply with the competitive sealed bidding procedure set forth in Chapter 252 of the Texas Local Government Code with respect to the award of contract for the Project. Section 3. CITY PARTICIPATION. The City agrees to reimburse Developer/Owner in an amount equal to 90% of the Project Costs, not to exceed $60,444.45, conditioned upon Developer/Owner constructing the Project pursuant to the design plans previously approved by the City. Anything in excess or more elaborate than the City's requirements will be at the Developer/Owner's sole expense. Section 4. REIMBURSEMENT. The City shall reimburse the Developer/Owner a pro rata portion of the City's agreed costs of the Project monthly, based on the percentage of construction completed less the Developer/Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Developer/Owner at the address shown in section 13 of this Agreement. Section 5. PERFORMANCE BOND. In accordance with the Texas Local Government Code §212.073, the Developer/Owner shall execute a performance bond for the construction of removing and replacing the existing bridge to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. The Owner shall submit proof of the required performance bonds to the City. Section 6. INSURANCE. Insurance requirements are as stated in Exhibit 4, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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 Development Services Department. 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. Section 7. CONSTRUCTION CONTRACT DOCUMENTS. Developer/Owner shall submit standard construction contract documents to the City's Director of Development Services or designee for review and approval in advance of beginning any construction of the Project. Section 8. INSPECTIONS. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Project or promptly notify the Page 2 of 11 Developer/Owner of any defect, deficiency, or other non-approved condition in the progress of the Project. Section 8. WARRANTY. The Developer/Owner shall fully warranty the workmanship and construction for a period of two years from and after the date of acceptance of the improvements by the City's Executive Director of Public Works. Section 9. INDEMNIFICATION. a. To the fullest extent permitted by law, the Developer/Owner shall INDEMNIFY, DEFEND, and HOLD HARMLESS the City Of Corpus Christi and its Officers, Directors, Members, Partners, Employees, Agents, Consultants and Subcontractors ("Indemnitees") from and against claims, damages, losses and expenses, including but not limited to attorney's fees or dispute resolution costs, arising out of or resulting from performance of the work and/or failure to comply with the terms and conditions of the contract, violations of Laws or Regulations, or bodily injury, death or destruction of tangible property caused by the acts, omissions or negligence of the Developer/Owner, regardless of whether such claim, damage, loss or expense is alleged to be caused in part by an Owner's Indemnitee hereunder, subject to the Owner's defenses and liability limits under the Texas Tort Claims Act. However, nothing herein shall be construed to require Developer/Owner to indemnify an Indemnitee against a claim, loss, damage or expense caused by the sole negligence of an Indemnitee. Provided further however, and in addition to the above, Developer/Owner indemnifies each of Indemnitees against claims for the bodily injury or death of an employee of the Developer/Owner's Team of any tier even if caused by the sole or concurrent negligence of an Indemnitee. b. To the fullest extent permitted by law, Developer/Owner shall INDEMNIFY, DEFEND, and HOLD HARMLESS the Indemnitees from and against Indemnified Costs, arising out of or relating to; (i) the failure to control, contain, or remove a Constituent of Concern brought to the Site by Developer/Owner or a Hazardous Environmental Condition created by Developer/Owner, (ii) Page 3 of 11 Developer/Owner's action or inaction related to damages, delays, disruptions or interference with the work of City's employees, other Developer/Owners, or utility owners performing other work at or adjacent to the Site, or (iii) the correction of Defective Work. Nothing in this paragraph obligates the Developer/Owner to indemnify the Indemnitees from the consequences of the Indemnitees' sole negligence. Provided further however, and in addition to the above, Developer/Owner indemnifies the Indemnitees against claims for the bodily injury or death of an employee of the Developer/Owner's Team of any tier even if caused by the sole or concurrent negligence of Indemnitees. C. To the fullest extent permitted by law, Developer/Owner shall INDEMNIFY, DEFEND, and HOLD HARMLESS the "Indemnitees" from and against Indemnified Costs resulting from infringement on patent rights or copyrights by Developer/Owner's Team. d. The indemnification obligations of this section are not limited by the amount or type of damages, compensation or benefits payable by or for members of the Developer/Owner's Team or other individuals or entities under workers' compensation acts, disability benefit acts, or other employee benefit acts in claims against Indemnitees by an employee or the survivor or personal representative of employee of Developer/Owner's Team. The indemnification obligations of this section shall not be deemed to be released, waived or modified in any respect by reason of any surety or insurance provided by Developer/Owner. e. Notify the other party within 10 days if Indemnitees or Developer/Owner receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Indemnitees from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Indemnitees do not waive any rights to indemnification except to the extent that Developer/Owner is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10-day period. Page 4 of 11 f. Defense of Indemnification Claims: 1. Developer/Owner assumes the defense of the claim with counsel chosen by the Developer/Owner and pays related costs, unless Indemnitee decides otherwise. Developer/Owner's counsel must be acceptable to Indemnitee. Developer/Owner assumes and controls the defense and any negotiations to settle the claim. Developer/Owner advises Indemnitees as to its defense of the claim within 10 days atter being notified of the indemnification request. Indemnitees may assume and control the defense If Developer/Owner does not assume the defense. Developer/Owner pays all defense expenses of the Indemnitees as an indemnified loss. 2. Indemnitees may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if Developer/Owner defends the claim. Developer/Owner may not settle the claim without the consent or agreement of Indemnitee. Developer/Owner may settle the claim with Indemnitee's consent and agreement unless it: A. Would result in injunctive relief or other equitable remedies or otherwise require Indemnitees to comply with restrictions or limitations that adversely affect Indemnitees; B. Would require Indemnitees to pay amounts that Developer/Owner does not fund in full; or C. Would not result in Indemnitees full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. Section 10. DEFAULT. The following events shall constitute default: 1. Developer/Owner fails to submit plans and specifications for the Project to the City's Director of Development Services or designee in advance of construction. 2. Developer/Owner does not reasonably pursue the Project under the approved plans and specifications. 3. Developer/Owner fails to complete the Project, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. Section 11 NOTICE AND CURE. Page 5 of 11 1. 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. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. 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. 4. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 13, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. Section 12. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; 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. 2. 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 10 Page 6 of 11 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. Section 13. NOTICES. 1. 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: If to the City: If to the Developer/Owner: City of Corpus Christi MPM Development, LP Attn: Director, Development Services PO Box 331308 2406 Leopard Street 178401 Corpus Christi, TX 78463 P.O. Box 9277178469-9277 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. 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. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. Section 14. PROJECT CONTRACTS. All engineering work shall be performed by the Developer/Owner's Texas licensed professional engineer. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Project, contracts for testing services, and contracts with the contractor for the construction of the Project must provide that the City is a third-party beneficiary of each contract. Section 15. NO JOINT VENTURE. It is acknowledged and agreed by the Parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture between the parties. Section 15. DISCLOSURE OF INTEREST. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Page 7 of 11 Section 16. 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. Section 17. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner 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 https://www.ethics.state.tx.us/legal/ch46.htmi. Section 18. CONFLICT OF INTEREST. Developer/Owner 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 httpa/www.cctexas.com/government/city-secretary/conflict-disclosure/index Section 19. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. Page 8 of 11 Section 20. COOPERATION. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. Section 21. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Project and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter hereof. Section 22. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Section 23. APPLICABLE LAW; VENUE. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Nueces County, Texas. Section 24. AUTHORITY. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. Section 25. TERM. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Developer/Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be May 15, 2020. (SIGNATURE PAGES FOLLOWS) Page 9 of 11 EXECUTED in one original this day of , 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nina Nixon-Mendez, FAICP City Secretary Director, Development Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2018. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Nina Nixon-Mendez, FAICP, Director, Development Services, for the City of Corpus Christi, Texas, and acknowledged before me on the _ day of , 2018. Notary Public, State of Texas APPROVED AS TO FORM: This Z5 day of Ae f "+ d , 201$. Buck Brice Assistant City Attorney For the City Attorney Page 10 of 11 Developer/Owner: MPM Development, LP L4-Z�- / Moses Mostaghasi Date General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on _ }.� , 2018, by Moses Mostaghasi, General Partner, MPM Development,,L on behalf of said company. a,�p�puB•., CINDY Bl1ENO �, � �• rf 1 ID #1178588.3 Notary Signature S � Notary Pvbl:c STATE QF TEXAS My Comm Exp. 11.04-2019 Page 11 of 11 EXHIBIT 1 lois az.z3 ANG PDRFION zaq a3P 11VUSIEE A 2,GOC..M..,200500]409.0.0.. 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BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 361 882-5521 FAX 361 882-1265 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 STARLIGHT ESTATES UNIT 1 COST ESTIMATE BRIDGE REMOVAL 02/02/2018 REMOVE EXISTING BRIDGE REIMBURSABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1 DEMOLITION OF EXISTING WOODEN BRIDGE AND ABUTMENTS 1 LS 12,400.00 $12,400.00 2 HAUL OFF AND DISPOSAL OF TREATED BRIDGE TIMBERS 1 LS 2,200.00 2,200.00 3 HAUL OFF AND DISPOSAL OF CONCRETE RUBBLE 1 LS 1,300.00 1,300.00 4 EXCAVATION AND DISPOSAL OF SPOIL MATERIAL UNDER BRIDGE 50 CY 30.00 1,500.00 5 SUPPLY AND PLACE SELECT FILL 180 TONS 20.00 3,600.00 6 SUBGRADE PREPARATION AND COMPACTION(INCLUDE RE-ALIGNMENT TO CENTER OF STARRY RD) 120 SY 20.00 2,400.00 7 TENSAR GEOGRID(INCLUDES RE-ALIGNMENT TO CENTER OF STARRY RD) 120 SY 5.00 600.00 8 8"CRUSHED LIMESTONE BASE(INCLUDES RE-ALIGNMENT TO CENTER OF STARRY RD) 120 SY 17.50 2,100.00 9 MC-30 PRIME COAT(INCLUDES RE-ALIGNMENT TO CENTER OF STARRY RD) 120 SY 6.00 $720.00 10 2"HMAC(INCLUDES RE-ALIGNMENT TO CENTER OF STARRY RD) 120 SY 17.50 2,100.00 11 30"RCP 72 LF 60.00 4,320.00 12 CEMENT STABILIZED BACKFILL FOR RCP 85 TONS 80.00 6,800.00 13 TEMPORARY TRAFFIC DETOUR LANE-SUBGRADEPREP 340 SY 20.00 6,800.00 14 TEMPORARY TRAFFIC DETOUR LANE-ROAD BASE 340 SY 17.50 5,950.00 15 REMOVE TRAFFIC DETOUR LANE 1 LS 2,765.00 2,765.00 16 TRAFFIC CONTROL-ROW BLOCKAGE PERMIT,BARRICADES,FLAGMEN, TEMPORARY SIGNAGE DURING CONSTRUCTION 1 LS 1 5,500.00 5,500.00 $61,055.00 10%ENGINEERING,SURVEYING&TESTING $6,105.50 TOTAL CONSTRUCTION $67,160.50 EXHIBIT 3 Page 1 of 1 INSURANCE REQUIREMENTS L CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/ aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired&Non-owned 3. Rented& Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph H Of This Exhibit. EMPLOYER'S LIABILITY $500,000/ $500,000 /$500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof,at Contractor's sole expense,insurance coverage written on an occurrence basis,by companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax 9 D. Contractor agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract.Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 City of Corpus Christi,Texas Department of Development Semites } P.O.Box 9277 City �f Carpus Christi.Texas 78469-9277 Corpus (Ml)826-3240 Cll�'7E"y1 7 C Located at 2406 Leopard Street ew�hilli1��J+''UUtt�,7 (Conterof Leopard St.and Port Ave.) Christi DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM is: M Corporation ❑ Partnership Q Sole Owner ❑Association 0 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) NA NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%v or more of the ownership in the above named "firm". Name Title NA NA 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 NA NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worker) 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 NA NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Moses Mostaghasi Title: General Partner (Print) Signature of Certifying Perso - Date: -/` K:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENT.ORDINAVCEADMINISTRAT[ONIAPPLlCAT10N['ORMSTOftMS ASPER LEGAL'2_'OMDISCLOSURE OFINVERESTS Page I of 2 STATEMENT]27,12.DOC Exhibit 5 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K:\DEVELOPNAENTSVC.S':'iIiARED1LAND DEVELOPNIENT'%ORDINANCE.ADMINISTFLA'TIONtAPPLICATION FORNISTORI AS AS PF:R LWAU2012MISCLOSURE OF IN*FrRESTS I� (I�L STA FFMENTI.27.12.DOC Exhibit rJ Page 2 of Participation Agreement For Starlight Estates Unit 1 City Council Presentation May 8, 2018 Aerial Overview ,.. 'A �.. O 0 "' ' ® Starlight .17 Estates Unit 1 Subdivision U a Public Improvements for Bridge Replacement � o N Proposed ' \ Bridge to be *w Removed & Replaced f 0 Staff Recommendations Staff recommends: • Approve the proposed participation agreement. Starlight Estates Unit 1 m -aJ vo e w. Lf- I I IN? k A—mm,V c ME-M L-Mu,0 F- WMMMICKLI • L,+ In Q.. 0 ------- --- v SC o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of May 15, 2018 1852 Action Item for the City Council Meeting May 22, 2018 DATE: May 15, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle MikeMa(o-)cctexas.com (361) 886-2601 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(a)-cctexas.com (361) 826-3169 Custodial Services for Outlying Police Buildings for a One-year Service Agreement not to Exceed $85,878.34, with Two One-year Options with a Total Potential Multi-year Amount of Up to $257,635.02 CAPTION: Resolution authorizing a one-year service agreement with Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services of Corpus Christi, Texas, to perform custodial services for outlying Police buildings for a total amount not to exceed $85,878.34, with two one-year options for a total potential multi-year amount of $257,635.02. PURPOSE: The service agreement will provide custodial services for ten outlying Police Department facilities. This agreement does not include the main headquarters. BACKGROUND AND FINDINGS: Custodial services will be performed at ten outlying police buildings throughout the City. This service will provide an adequate number of custodians that will work Monday through Sunday to perform the services required. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received nine responsive, responsible bids and one no bid, and is recommending the award to Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services, the lowest responsive responsible bidder. 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 Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $79,085.00 $229,008.91 $308,093.91 Encumbered / Expended Amount $50,440.00 0.00 $50,440.00 This item $28,626.11 $229,008.91 $257,635.02 BALANCE $18.89 0.00 $18.89 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $85,878.34 of which $28,626.11 is funded in FY2017-2018 budget. The total contract value will be $257,635.02 if all option years are executed. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION RFB 1451-Custodial Services for Outlying Police Buildings BUYER: MINERVA ALVARADO A Plus Janitorial &Mowing UBM Enterprise, Inc. Accurate Cleaning Concepts ITEM DESCRIPTION UNIT Qn Corpus Christi,TX Dallas, TX Corpus Christi,TX Unit Price Total Price Unit Price Total Price Unit Price Total Price raining 1 Center MO 12 $1,192.76 $14,313.06 $ 1,608.80 $ 19,305.60 $1,050.00 $12,600.00 Vehicle MO 12 $1,192.76 $14,313.06 $ 1,362.12 $ 16,345.44 $925.00 $11,100.00 2 limpound Calallen MO 12 $447.28 $5,367.40 $ 614.32 $ 7,371.84 $900.00 $10,800.00 3 Substation Flour Bluff MO 12 $298.19 $3,578.26 $ 425.84 $ 5,110.08 $700.00 $8,400.00 4 Substation Organized MO 12 $596.38 $7,156.54 $ 621.20 $ 7,454.40 $850.00 $10,200.00 5 Crime Professional 6 Stardards MO 12 $894.57 $10,734.79 $ 940.80 $ 11,289.60 $800.00 $9,600.00 7 lAnimal Care MO 12 $1,192.76 $14,313.06 $ 1,899.60 $ 22,795.20 $1,500.00 $18,000.00 Public Safety MO 12 $596.38 $7,156.51 $ 880.48 $ 10,565.76 $850.00 $10,200.00 8 Warehouse Shooting MO 12 $298.19 $3,578.28 $ 310.60 $ 3,727.20 $800.00 $9,600.00 9 Ranee Police Fleet MO 12 $447.28 $5,367.38 $ 191.76 $ 2,301.12 $875.00 $10,500.00 10 Buildin $85,878.34 $ 106,266.24 $111,000.00 ABM Texas General Services, Martin's Janitorial BASS Support Services LLC ITEM DESCRIPTION UNITQTV San Antonio,TX Corpus Christi,TX Corpus Christi,TX Unit Price Total Price Unit Price Total Price Unit Price Total Price Training MO 12 $ 1,226.40 $ 14,716.80 $1,100.00 $13,200.00 $ 1,200.00 $ 14,400.00 1 Icenter Vehicle MO 12 $ 599.20 $ 7,190.40 $1,000.00 $12,000.00 $ 1,350.00 $ 161200.00 2 Impound Calallen MO 12 $ 704.69 $ 8,456.28 $700.00 $8,400.00 $ 900.00 $ 10,800.00 3 Substation Flour Bluff MO 12 $ 599.20 $ 7,190.40 $800.00 $9,600.00 $ 700.00 $ 8,400.00 4 Substation Organized MO 1 12 $ 797.39 $ 9,568.68 $800.00 $9,600.00 $ 1,000.00 $ 12,000.00 5 Crime Professional 6 Stardards MO 12 $ 1,087.10 $ 13,045.20 $800.00 $9,600.00 $ 950.00 $ 11,400.00 7 jAnimal Care MO 12 $ 2,038.24 $ 24,458.88 $1,500.00 $18,000.00 $ 1,300.00 $ 15,600.00 Public Safety MO 12 $ 1,813.81 $ 21,765.72 $1,450.00 $17,400.00 $ 1,150.00 $ 13,800.00 8 Warehouse Shooting MO 12 $ 704.69 $ 8,456.28 $980.00 $11,760.00 $ 875.00 $ 10,500.00 9 Range Police Fleet MO 12 $ 434.07 $ 5,208.84 $980.00 $11,760.00 $ 900.00 $ 10,800.00 10 IBuilding $ 120,057.48 $121,320.00 $ 123,900.00 Page 1 of 2 Palacios Marine Industrial World Technical Services, LaMed, Inc ITEM DESCRIPTION UNITQTY Palacios,TX San Antonio,TX San Antonio,TX Unit Price Total Price Unit Price Total Price Unit Price Total Price Training MO 12 $ 2,631.31 $ 31,575.72 $2,321.57 $ 27,858.84 $ 13,406.23 $ 160,874.76 1 Center Vehicle MO 12 $ 1,373.38 $ 16,480.56 $ 1,724.75 $ 20,697.00 $ 3,681.24 $ 44,174.88 2 jimpound Calallen MO 12 $ 716.43 $ 8,597.16 $ 877.56 $ 10,530.72 $ 11,043.72 $ 132,524.64 3 Substation Flour Bluff MO 12 $ 239.26 $ 2,871.12 $ 525.04 $ 6,300.48 $ 13,406.23 $ 160,874.76 4 Substation Organized MO 1 12 $ 1,150.89 $ 13,810.68 $ 895.55 $ 10,746.60 $ 3,681.24 $ 44,174.88 5 Crime Professional 6 Stardards MO 12 $ 1,361.92 $ 16,343.04 $ 979.75 $ 11,757.00 $2,681.24 $ 32,174.88 7 Animal Care MO 12 $ 1,746.21 $ 20,954.52 $ 1,779.06 $ 21,348.72 $ 3,681.24 $ 44,174.88 Public Safety MO 12 $ 1,888.92 $ 22,667.04 $2,375.65 $ 28,507.80 $36,036.00 $ 432,432.00 8 lWarehouse Shooting MO 12 $ 582.41 $ 6,988.92 $ 467.46 $ 5,609.52 $11,043.72 $ 132,524.64 9 Range Police Fleet MO 12 $ 695.99 $ 8,351.88 $ 524.09 $ 6,289.08 $ 11,043.72 $ 132,524.64 10 Building $ 148,640.64 $ 149,645.76 $ 1,316,454.96 AC&R Services ITEM DESCRIPTION UNIT QT Unit Price Total Price Training 1 Center MO 12 $0.00 $0.00 Vehicle 2 Impound MO 12 p $0.00 $0.00 Calallen 3 Substation MO 12 $0.00 $0.00 Flour Bluff 4 Substation MO 12 $0.00 $0.00 Organized MO 12 5 Crime $0.00 $0.00 Professional 6 Stardards MO 12 $0.00 $0.00 7 Animal Care MO 12 $0.00 $0.00 Public Safety MO 12 8 Warehouse $0.00 $0.00 Shooting MO 12 9 Range $0.00 $0.00 Police Fleet 10 IBuilding MO 12 $0.001 $0.00 NO BID Page 2 of 2 Resolution authorizing a one-year service agreement with Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services of Corpus Christi, Texas, to perform custodial services for outlying Police buildings for a total amount not to exceed $85,878.34, with two one- year options for a total potential multi-year amount of $257,635.02. WHEREAS, custodial services for ten outlying police buildings will be provided to the Police Department; WHEREAS, the City received nine bids and one no bid for the custodial services for outlying police buildings in response to RFB 1451 of which the lowest responsive, responsible bidder may be awarded the custodial services; WHEREAS, the lowest responsive, responsible bidder awarded a contract to Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing of Corpus Christi, Texas in the amount of $85,878.34; WHEREAS, state law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, in the event the lowest responsive, responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded items or for any other reason is determined to not be eligible to perform the services for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement custodial services for the outlying police buildings. 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 execute contracts with the lowest responsive, responsible bidder in accordance with the terms and conditions stated in RFB 1451. Furthermore, in the even the lowest responsive, responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded item or for any other reason is determined to not be eligible to perform the services for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement custodial services for the City. Page 1 of 2 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 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 Everett Roy Lucy Rubio Greg Smith Page 2 of 2 SC 0 > SERVICE AGREEMENT NO. 1451 U Custodial Services for Outlying Police Buildings bO RPOR Af 1852 THIS Custodial Services for Outlying Police Buildings Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Custodial Services for Outlying Police Buildings in response to Request for Bid/Proposal No. 1451 ("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 Custodial Services for Outlying Police Buildings ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $85,878.34, 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 St., Corpus Christi, Texas 78401 361 .886.2696 Fax: 361 .886.2607 IF TO CONTRACTOR: Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services Attn: Hilario O. Ortega, Jr. Owner 6765 Wood Iron Drive, Corpus Christi, Texas 78413 361 .906.6801 Fax: 361 .906.6801 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: ."d 000, Printed Name: d, deet-;h6o .Yje 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. 1451 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 1. General Requirements/Background Information The Contractor shall provide custodial services as outlined in this Scope of Work. Custodial services apply to all designated spaces including, but not limited to halls, restrooms, office spaces, reception areas, conference rooms, court rooms, auditorium, showers, locker rooms, parking lots, work areas, entrance ways, lobbies, storage areas, elevators, warehouse areas, stairways and stairwells. Cleaning frequencies, cleaning requirements, summary and special cleaning and/or frequency requirements are specified in the scope of work. 2. Scope of Work A. Contractor Employees 1. The Contractor will furnish an adequate number of employees to perform all work specified within the contract. This will include an on-site supervisor to accompany the work crew after City normal working hours. Work accomplished during normal working hours will be monitored periodically, but does not require an on-site supervisor. 2. The Contractor employees' responsibilities include turning off all lights and securing all windows and doors as each job site is completed. 3. All Contractor employees working under this contract will be identified by a distinctive uniform or other outer garment such as a shirt or blouse; a tee shirt is not acceptable. The employee shall wear a picture style identification card on the upper outer garment. Such garment and identification will be provided by the Contractor and must be approved by the Contract Administrator. Contractor employees found without approved uniform, outer garments or ID's will be removed from the building. 4. Contractor's employees shall conduct themselves in a professional and efficient manner at all times. The Contractor expressly agrees to remove from the site any employee: a. Whose continued employment is deemed by the Contract Administrator to be contrary to the Public interest or inconsistent with the best interests of the City; or b. Who has submitted false or misleading information on any employee information form, i.e., Personal History Statement; or Page 1 of 11 c. Who is found to be in a High Security Area while not in the company of a Police Department employee. 5. The Contractor shall have sufficient equipment, supplies, and personnel to perform all of the work as specified with a minimum of one person per location. B. The Contractor will be familiar with and require its employees to become familiar with the method(s) for activating the fire alarm. The Contractor and their employees will observe building regulations regarding smoking and will be cognizant of and observe all requirements for the handling and storage of combustible supplies, materials, and daily disposal of combustible waste, trash, etc. C. The Contractor will be responsible for the management of the total custodial effort. This is to include at least the following: the planning and programming for all services described herein, a Quality Control Program record and reporting requirements. D. The Contractor's Manager will visit the Contract Administrator or designated representative monthly. Additional meetings will be held at the discretion of the Contract Administrator but not less often than monthly. A mutual effort will be made to resolve all problems identified. E. Normal Contractor Working Hours: 1 . All work will be performed at the work site during the hours established. Location Address Square Flooring Hours Footage Animal Care, Monday- including 2626 Holly Rd. 25,000 Tile Saturday parking lot 8:00am- 12:00 m Organized 805 Comanche 5,000 Carpet Monday-Friday Crime St. 1 :00 m-4:00 m Professional Standards, 5805 Williams Dr. 10,000 Carpet/Tile Monday-Friday including 1 :OOpm-5:OOpm parking lot Training Monday-Friday Center, 4510 Corona Dr. 28,000 Carpet/Tile 8:00am- 12:00 m Page 2 of 11 including parking lot Monday-Friday Calallen 1925 Tuloso Rd 3,090 Carpet 8:00am-5:OOpm Substation including holidays Monday- Flour Bluff 1456 Waldron Sunday 8:00am- Substation Rd. 1 ,000 Tile 1 1 :OOam including holidays Monday-Friday Public Safety 1501 Holly Rd. 10,000 Carpet/Tile 1 :OOpm-5:OOpm Warehouse including holidays Vehicle Monday- Impound, 5485 Sunday including Greenwood Dr. 530,000 Tile 1 :30pm-5:OOpm parking lot including holidays The Shooting 9600 Hearns Monday-Friday Range Ferry Road 2,500 Tile 8:OOam-5:OOpm CT Monday, Police Fleet Wednesday, Building 5 5352 Ayers 3,000 Tile Friday 5:30pm- 12:00 m 2. Locations designated as five days per week must be cleaned Monday through Friday excluding designated City holidays: City Recognized Holidays a. The first day of January (New Year's Day) b. The last Monday of May (Memorial Day) c. The fourth day of July (Independence Day) d. The first Monday of September (Labor Day) e. The fourth Thursday of November (Thanksgiving Day) f. The 25th day of December (Christmas Day) g. One holiday to be determined by the City Page 3 of 11 When a holiday listed above falls on a Sunday, the following business day shall be considered as a holiday. When any holiday listed above falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor, upon approval of the City Council. 3. Those designated as six days per week must be cleaned every day including holidays. 4. The locations designated restricted or high security, which require Police personnel presence, will be cleaned between 8:OOam and S:OOpm Monday through Friday, excluding City designated holidays. F. Access to Police Facilities- It is the Contractor's responsibility to initially obtain keys from the Contract Administrator for access to all designated areas for cleaning. All keys will be returned on the last effective date of the Contract or the City shall deduct from contractor's last invoice, an amount equal to a $200.00 fine for each key not turned in to the City. 1 . Access to cleaning areas not considered high security areas will be provided by a set of keys issued to Contractor for the supervisor on site. Keys will not be duplicated for any reason. Access to and cleaning in restricted or high security areas will be during normal working hours while City employees are present. 2. The Contractor will be liable for the loss of any goods, materials, or records which occur as a result of negligence on the part of the Contractor or Contractor employees. G. Water and electric power as required for the work in this contract are available at existing outlets at no cost to the Contractor. H. Custodial Cleaning Requirements 1 . Cleaning will include areas under furniture, furnishings, floor mats, and runners. Small pieces of furniture such as tables, chairs, trash cans, etc. will be moved to facilitate cleaning. Large pieces of furnishings will be restored to their proper locations after cleaning has been completed. 2. The Contractor will submit to the Contract Administrator for approval a schedule which corresponds to the required tasks and frequencies. General performance requirements for the work items contained in Exhibit B are further defined as follows: a. FLOORS i. Tile Floors (Sweep, Mop, & Buff) • Daily-All vinyl the floors will be mopped with an approved cleaning solution to present a clean appearance, free from dirt, traffic marks, streaks, scuff marks, stains, and foreign matter. Page 4 of 11 • Daily- When floors cannot be satisfactorily cleaned otherwise, they will be spot scrubbed. • Daily - Floors will be treated with a rejuvenator or finishing compound as necessary and buffed when completely dry to provide a uniform glossy appearance. • Daily- All baseboards, doors and walls will be cleaned of any mop and buffer splatters. • Daily - Contractor will ensure that contract employees observe all safety precautions including the posting of warning such as Wet Floors. • Weekly - Floors will be buffed. • Every 6 months - Strip and wax flooring to a high buff finish. (as needed see contract administrator) ii. Carpeted Floors & Rugs (Vacuum & Spot Clean) • Daily- Carpeted areas, rugs, and mats will be vacuumed free of all loose soil and debris. • Daily- Unusual spots, spills, streaks, or stains will be spot cleaned with an approved cleaner. • Every 6 months - Shampoo and dry all carpets. b. RESTROOMS & SHOWER STALLS • Daily - (Monday thru Friday) All public restrooms will be cleaned twice daily approximate times 10:00am and 2:OOpm. The night shift will conduct a third cleaning • Daily- (Monday thru Friday between 8:OOam-5:OOpm) Private office restrooms will be cleaned once daily. • Daily- Restroom fixtures, urinals, lavatories, and sinks will be washed inside and outside utilizing a disinfectant and will be free of dirt. • Daily- The floor will be wet mopped with a disinfectant. • Daily - Floor mats where provided by the City will be cleaned free of dirt and stains. • Daily-Walls and partitions will be cleaned free of dirt, streaks, stains, and graffiti to the ceiling. • Daily - Mirrors will be cleaned and polished. • Daily - All metal and hardware will be clean and bright. • Daily - Showers, walls, and floors will be scrubbed free of soap film, dirt, and mildew with an approved cleaner daily. • Daily - All waste receptacles will be emptied and trash deposited in dumpster outside the building. • Daily - All restroom supply holders including paper towels, toilet tissue, paper toilet seat covers, and soap dispensers will be cleaned and filled daily. Page 5 of 11 • Twice Weekly - (Mondays & Thursday) An approved liquid live bacterial cleaner will be applied to all restrooms and shower floor drains on assigned days. • Once Weekly - Hard water deposits will be removed weekly from all metal hardware such as water faucets and drinking fountains with approved cleaner. • Monthly - The floor will have a detailed scrubbing including all edges and corners. c. OFFICES, OPEN OFFICE SPACE and CONFERENCE ROOM • Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. • Daily - White boards, where present, will be erased and washed clean along with trays. • Daily-Thoroughly clean all glass surfaces and doors, including glass in doors and partitions. • Daily- Door, woodwork trim, benches, walls, and wall partitions will be wiped and spot free. • Daily - Chairs in conference rooms will be neatly arranged around the conference table to present a neat appearance. • Daily - Paper Shredding Machines will be emptied, cleaned and have a new plastic trash bag installed when needed. • Weekly- Conference Rooms with wood paneling, wood table, and wooden chairs will be cleaned and polished with a thin layer of furniture polish. • Weekly - All furniture, desks, equipment including personal computers, printers, kitchen appliances, snack machines, horizontal ledges, and window sills will be dusted. • Weekly - All desks and tables free of papers, documents, and personal effects of City employee will be cleaned or polished as necessary to maintain an acceptable appearance. • Monthly - Waste baskets will be washed clean free of dirt monthly and when needed if wet or messy. d. LOBBIES, ENTRANCES, & RECEPTION AREAS • Daily - All furniture, fire apparatus, doors, horizontal lodges, and window sills will be dusted and wiped free of dirt and smudges. • Daily- Drinking fountains will be cleaned and disinfected. • Daily - Glass windows and walls both inside and out along with railings will be cleaned free of soil and markings including entrance glass doors. • Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. Page 6 of 11 • Daily- All trash will be deposited in dumpster outside the building. • Daily-Miscellaneous hardware and bright metal work will be wiped clean daily. • Daily - The thresholds will be swept and cleaned to remove any debris caught in the tracks. • Weekly - The door thresholds will be polished with approved cleaner. • Weekly - Miscellaneous hardware and bright metal work will be polished once a week. • Weekly- Drinking fountain surfaces are to be polished free of stains, smudges, and chemical scale build up. e. STAIRS & STAIRWELLS • Daily- Interior stair landings and steps will be swept daily. • Weekly - Interior stair landings and steps will be swept, scrubbed, and damp mopped weekly. No WAX will be applied to any landing or stairs. • Weekly - Hand railings, ledges, grills, fire apparatus, and doors will be cleaned and dusted. f. ELEVATORS - PUBLIC SAFETY WAREHOUSE • The (one) passenger elevator will be cleaned daily. • Daily-All surfaces in the interior and exterior of the elevator cab will be cleaned and polished daily. • Daily - Stainless steel areas will be cleaned with an approved stainless steel cleaner. • Daily- Laminate walls will be wiped with an approved cleaner. • Daily-Vinyl the floors will be swept and mopped free of all loose soil and debris. • Weekly - Vinyl the floors will be waxed and buffed weekly to assure a shiny, clean appearance. g. REFUSE DISPOSAL • Daily - All loose trash removed from the buildings will be placed in plastic bags deposited in outside dumpster. • Daily- All boxes small or larger will be broken down prior to placing in the dumpster. • Daily - If requested, the Contractor will pick up and deposit recyclable waste such as computer paper and aluminum cans in containers separate from the general refuse. The City will provide separate containers for deposit of recyclable materials. h. KITCHEN, BREAK ROOMS, and VENDING AREA Page 7 of 11 • Daily - Waste baskets will be emptied and a new trash can liner installed if needed, remove torn or wet liners. • Daily- All trash will be deposited in dumpster outside the building. • Daily - All furniture, equipment, appliances, horizontal ledges, and window sills will be dusted. • Daily - Stove tops, counter tops, sinks, and the exterior of refrigerator, freezers, microwaves, and conventional ovens will be washed clean free of dirt and foreign material. • Daily - All tables, chairs, doors, woodwork, walls, and cabinets will be wiped clean. • Daily- Chairs will be neatly arranged around the table(s). • Daily- Thoroughly clean all glass surfaces. I. HIGH CLEANING • Monthly - Clean all window blinds and office windows to remove all lint, litter, and soil. • Monthly - Clean all air vents in offices, conference rooms, and public spaces to remove all lint, litter, and soil. • Monthly - Clean all light fixtures, globes, reflectors, and plastic panels will be cleaned -free of bugs, dust, grease and other foreign matter. j. EXTERIOR • Daily - (Monday through Friday) All areas exterior to the building consisting of entrance stairs, landings, ramps, and parking lots. Note: Vehicle Impound has the largest parking lot), sidewalks, exterior landscaped areas, and porches will be maintained free of trash and refuse (including small paper, leaves, empty bottles, cans, cigarette butts, and gum). • Daily-Trash will be removed from waste and cigarette receptacles located outside the entrances. • Daily - (Monday through Friday) Immediately in front of entrances are to be swept to the far edge of the sidewalk. Scrub and remove any bird defecation or gum. 3. Work Site and Conditions The City will make available to the Contractor janitorial closets for storage space. Access to the water closets will be shared. The Contractor will assume responsibility for safekeeping of supplies, equipment and facilities and take adequate precautions to ensure areas are kept clean to prevent fire hazards, odors and vermin. Contractor will obtain and post in a conspicuous place OSHA and safety requirements within the facilities for all chemicals used in the performance of this work. At the completion of the contract, areas will be returned to the City in the same condition as received, Page 8 of 11 except for reasonable wear and tear. The Contractor will be responsible for the cost of any repairs caused by negligence on its part or on the part of its employees. The City will not provide any office space to the Contractor. The Contractor is responsible for securing and maintaining the office space necessary for the performance of his work. The Contractor will maintain a telephone by which Contractor's representative and supervisor can be reached during normal City working hours, Monday through Friday, except City designated holidays, 8:00am through 5:00pm. 4. Contractor Quality Control and Superintendence A. 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. B. All phases of the services rendered under this contract are subject to inspection by the City both during the Contractor's operation and after task completion. If the Contractor's overall performance is unsatisfactory, the City will so notify the Contractor in writing. The Contractor will reply to such notice in writing. The Contractor will reply to such notice within three working days with appropriate corrective action. C. Consequences of Contractor's failure to perform required services. The City will give the Contractor written notice of deficiencies via email notices: 1 . Whenever unsatisfactory services are performed. The parties hereto agree that due to the obligations of the Contractor under another clause herein to maintain an effective inspection system. Contractor will be conclusively presumed to have actual knowledge of work not performed. D. In the case of unsatisfactory or non-performed work (deficiency), the City will have the option to: 1 . Afford the Contractor the opportunity to perform the non-performed work within three hours or an agreed timeframe of the Contractor being advised and will be afforded the opportunity, in the case of daily services; or 24 hours in the case of all other services. Contractor will not use the on- site custodian if it results in the non-completion of the minimum 8:00am to 5:00pm requirements (restricted or high security areas and twice a day requirements), but will bring in a different custodian: or 2. Perform the services by City personnel or by other means. 3. Terminate the contract as described in this Agreement E. Superintendence by the Contractor Page 9 of 11 1 . The Contractor will have a competent Manager immediately available during normal working hours 8:00am to 5:00pm, including lunch hour, Monday through Friday, excluding City holidays. 2. Manager must be able to respond by phone or in person within 30 minutes, and have immediate communications with on-site workers. 3. No services shall be performed unless approved supervisor is in place. If requested by City, Contractor agrees to replace person in supervisor position in order to meet this requirement. 4. Manager will visit and inspect the work site at least twice a month. Manager or owner(s) will schedule time/date of monthly visits with the Contract Administrator. 5. Manager will have the written authority to speak and act for the Contractor. 6. Changes in personnel will be furnished to the Contract Administrator, in writing prior to making such changes or before personnel begin working on the property. 5. Special Instructions A. Supplies 1 . The Contractor will provide all cleaning materials and supplies necessary for the performance of this contract with the exception of restroom consumables such as toilet tissue, paper toilet seat covers, paper towels, trash can liners, and liquid soap which will be furnished by the City. Materials and supplies provided will be compatible with equipment provided by the City, of acceptable industry grade and quality, and subject to approval by the Contract Administrator. 2. The Contractor is responsible for taking action to protect supplies, equipment, and personal property of its employees from loss, theft, or damage. B. Equipment-The Contractor is required to furnish all equipment necessary for performance of the contract. Such equipment and use of equipment will be subject to inspection and approval of the Contract Administrator prior and during the life of the contract. C. Security Requirements - The Contractor will comply with all City Security requirements as follows: 1 . Due to the nature of Police information, Contractor employees must have clear Criminal History Backgrounds and this must be verified before each employee is cleared to work in the building. 2. The Contractor will submit the name, address, social security number, birth, copy of driver's license or picture ID of each employee hired for this Page 10 of 11 contract, as well as complete a Personal History Statement and other forms as required for security. It will be the Contract Administrator's decision whether a Contractor's employee is acceptable to work in the Police areas. 3. Contractor employees found to be working in any Police area who have not been cleared in advance will be required to leave the area immediately and the Contractor will be fined $500.00 for each employee, per instance. 4. There are designated restricted or high security areas that are of even higher concern where Contractor employees must be accompanied by the Police employee at all times. Contractor employees found to be working in any Police restricted or high security area who have not been cleared in advance or is unaccompanied by a Police employee will be required to leave the area immediately and the Contractor will be fined $500.00 for each employee per instance. 5. The Contractor will have a supervisor available during all periods the building is being cleaned. D. Accident Reporting - The Contractor will maintain an accurate record of and will report to the Contract Administrator all accidents resulting in the death, traumatic injury or occupational disease. All accidents must be reported in writing, in detail, within 24 hours of their occurrence. E. Invoices 1 . Contractor's invoices will be submitted to the City's Accounts Payable Department with copies to the Contract Administrator and or designee within five working days following the end of each month in which services are performed. 2. Invoices submitted prior to the end of the period will not be processed until the period has been completed. 3. The original of each invoice will have attached a summary of work performed and charges. 4. On verification of work actually performed and receipt of Contractor submittals, the Contract Administrator will process invoices for payment. 5. Payment will be based on a monthly charge based upon the contract price. F. Keys All keys will be returned on the last effective date of the Contract. The City shall deduct an amount equal to a $200.00 fine for each key not turned in to the City. The charge will be deducted from the Contractors last invoice. Page 11 of 11 o�guse Attachment B: Bid/Pricing Schedule 0 � CITY OF CORPUS CHRISTI Revised BID FORM 03/05/2018 /y0URPORA PURCHASING DIVISION 1852 RFB No. 1451 Custodial Service for Outlying Police Buildings Date: l//3 f / Y Page 1 of 2 Authorized / Bidder: Sad J v C Signature: CA 4e� 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 per Month Training Center, including // 92.. j'S" 1 arkin lot-4510 Corona Dr. MO 12 11-13J-1040' Vehicle Impound, including 2 parking lot-5485 MO 12 Greenwood Dr. 79 -)"r' I`l3/-1, J6 Calallen Substation - 1925 3 Tuloso Rd. MO 12 �1 4 Flour Bluff Substation - 1456 MO 12 Waldron Rd. 5 Organized Crime -805 MO 12f Comanche St. �� 37th 7/S"G 3-3 Professional Standards, 6 including parking lot- 5805 MO 12 Williams Dr. S/q I-), j 6l, A) 73z/,'7 Animal Care Division, 7 including parking lot-2626 MO 12 Holly Rd. //V. J7 53 /-/.3t , d 7 8 Public Safety Warehouse - mo 12 1 2330 Saratoga Blvd. 76 5-3 9 The Shooting Range - 9600 mo 12 Hearns Ferry Road 10 YLy Police Fleet Building 5-5352 mo 12 9 Ayers 2, '36 Total Page 2 of 2 Attachment C: Insurance and Bond 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 II (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. 2017 Insurance Requirements Purchasing Custodial Services 12/12/2017 sw Risk Management Valid Through 09/30/2018 Page 3 of 3 Attachment D: Warranty Requirements Section 8. is null for this Service Agreement. Page 1 of 1 se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 15, 2018 NCORROP pEO 1852 Action Item for the City Council Meeting of May 22, 2018 DATE: May 15, 2018 TO: Keith Selman, Interim City Manager FROM: Steve Viera, Director of Human Resources SteveV a)..cctexas.com (361) 826-3445 Kim Baker, Assistant Director of Financial Services—Purchasing Division Kim 132(acctexas.com (361) 826-3169 Service Agreement for Medical and Pharmacy Claims Audit CAPTION: Motion authorizing a six-month service agreement, with Claim Technologies Incorporated, of Des Moines, Iowa to perform an audit of the claims processing associated with the self-funded medical and pharmacy plans for an amount not to exceed $72,193.00. PURPOSE: Approval to execute a contract for a medical and pharmacy claims audit. BACKGROUND AND FINDINGS: Claims audits are performed regularly in most self-insured plans. The auditor verifies that that our Third Party Administrator and Pharmacy Benefit Manager are accurately administering the plans according to our instructions, abiding by contractual agreements, and accurately processing claims. The audit also measures plan reimbursements provided under performance guarantees and other contractual provisions such as pricing, discounts, rebates, claim payment timeliness and accuracy, and customer service. The primary reason for undertaking a claims audit at this time is that we have experienced many issues related to plan set-up and misprocessed claims in our Pharmacy Benefit Program with Express Scripts Inc, so we expect that other errors likely exist. Where errors are found, the auditing firm will document those errors and communicate them to our Plan Administrators and will assist us in our efforts of receiving reimbursement for any plan administration, performance guarantee, or eligibility errors made by the vendors. In addition, Express-Scripts Inc has agreed to reimburse the City for$21,000 of the audit's cost as outlined in section 2.6 of their contract executed in August 2016. A Request for Proposal No. 1551 was released January 19, 2018 to start the process for a contract. The City received four proposals, for these services, and evaluations of the proposals began by the City's evaluation committee. One proposer was deemed non- responsive, and the remaining three firm's technical proposals and price were evaluated and scored by the evaluation committee. The firm ranked highest in the evaluation process, Claim Technology Incorporated is being recommend for award as the firm providing the best value for this service. ALTERNATIVES: No feasible alternative OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Human Resource Department, Financial Services Department, Legal Department and Budget Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $42,508.00 $29,685.00 $72,193.00 BALANCE $0.00 $0.00 $0.00 Fund(s): N/A Comments: RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement RFP No. 1551 - Medical and Pharmacy Claims Audit Kim Baker Proposal Evaluation PtS. Claim Technologies PPC Partner Plus Sagebrush Analytic StoneBridge Business p Consulting Partners Minimum Qualifications Pass/Fail PASS FAIL PASS PASS Licensing(Must be lead by CPA) V X*1 V V Required 5 years in Business V V V V No outstanding lawsuits/litigation with City during last 5 years V V V V No outstanding regulatory issues last 5 years V V V V References Provided for firm V V V V Technical Proposal Technical Proposal(70 points) 70 66.67 0.00 64.00 12.00 Firm's Experience 25 Team Experience 15 Understanding of Project Scope 20 Price Price(30 points) 30 11.63 0.00 13.19 30.00 Totall 1001 78.30 0.00 77.19 42.00 *1-Not lead by a CPA ,Q,gus G� 0 �Ya SERVICE AGREEMENT NO. 1551 Medical and Pharmacy Claims Audit N 1852 THIS Medical and Pharmacy Claims Audit Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Claim Technologies Incorporated ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Medical and Pharmacy Claims Audit Services in response to Request for Bid/Proposal No. 1551 ("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 Medical And Pharmacy Claims Audit Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for six months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. 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 $72,193.00, 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 Name: Rose Bond Department: Human Resources Phone: 361 .826.3878 Email: Roseb241cctexas.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: Rose Bond Title: Health Benefits Manager Address: 1201 Leopard St., Corpus Christi, Texas 78401 Phone: 361 .826.3878 Fax: IF TO CONTRACTOR: Claim Technologies Incorporated Attn: Michelle Suckow Title: Vice President Address: 100 Court Ave, Suite 306, Des Moines, IA 50309 Phone: 515.244.7322 ext. 315 Fax: 515.244.8650 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 CONTRACT R Signature: Printed Name: ( �4t�-i:, Title: i 6 S D<;w 7 G T 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. 1551 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 Medical and Pharmacy Claims Audit 1.1 Background The City of Corpus Christi (City) has been administering a self-funded plan for more than ten years. The medical claims are administered by United Healthcare and the Pharmacy Benefit Manager (PBM) is Express Scripts (Administrators). The City's plans cover 2,719 active employees which includes Pre-65 retirees. There are three divisions of employees including General Employee, Fire and Public Safety. Each division has a distinct medical and prescription plan of benefits. Fire and Public Safety plans are identical with Public Safety having an additional Consumer Driven Health Plan (CDHP) medical benefit option. 1.2 General Requirements A. Audit Coordination and Management Contractor shall schedule and organize all planned or requested audit project tasks, consistent with the timeline outlines in this scope. This schedule may be amended as needed to complete the audit. B. Understanding Existing Plan Contractor shall develop an understanding of the existing self-insured plan administered by plan Administrators to successfully support this project. The plan coverage summary may be found at the following link: http://www.citynet.cc/citynet/hr/benefit-plans-and-programs. C. Operational Review Contractor shall review the operations maintained by Administrators) on behalf of the City from an efficiency, control and security perspective. At a minimum, this operations review will include such areas as: • Quality improvement activities • Internal audit • Workflow • Claims administration and controls • Coordination of Benefits • Handling of third party liability and subrogation • Eligibility administration • Customer service administration D. Claims Audit 1. A statistically valid random, stratified sample will be required. The sampled claims should be audited in detail to determine their accuracy relative to the benefit plan and to determine whether their handling is consistent with standard industry practices. The Contractor should compare and identify if the claim processing accuracy meets the Performance Guarantees as outlined in the City's contracts with UHC and Express Scripts. 2. To the extent possible, within a reasonable timeframe for finalizing the project, the Contractor should discuss the errors discovered with the Administrators, identify a recovery plan with the Administrators and note any specific areas of disagreement. E. Pharmacy Rebate Audit The Contractor shall identify the top five manufacturers and compare the rebates credited to the City under each manufacturer's contract with Express Scripts for the last two calendar quarters during the 2016-2017 plan year. The Contractor will also confirm that the manufacturer's administrative fees were passed one hundred percent to the City. F. Schedule The schedule for the audit is an approximate start date of April 2, 2018 to be completed by August 31, 2018. G. Reports/Deliverables: The Contractor shall provide reports detailing the findings from the claims audit. The reports may be used by the City for review against performance standards and incentives. It is critical that the reports clearly identify the extent of potential financial recovery and any areas of disagreement with the Administrator(s). The Contractor will provide the following reports: o Status Reports - Provide periodic electronic status updates to the designated representative of the City. o Final Draft Report- Submit a draft report to be reviewed before any final report is delivered. o Final Report - Submit a specific detailed, written final report with recommendations. The written report must include, at a minimum: ■ Executive summary ■ Description of the audit process, including major audit components and key events associated with those components ■ Recommendations for corrective action to ensure optimal claims handling ■ Administrator(s)'s action plan in response to the Contractor's recommendations ■ Statement indicating the Contractor has observed all conflict of interest requirements mandated by the City with respect to the audit process and has not received anything of value or any benefit of any description while performing audit services. Attachment B - Schedule of Pricing PIRWING SHEET --� CITY OF CORPUS CHRISTI � r x Pricing/Submissloon Forms ° 1 '� PURCHASING DIVISION RFP No. 1551 Medical and Pharmacy Claims Audit PAGE Z OF 1 DATE: March 16,2018 - Claim Technolon es Incorporated u� PROPOSER AUTHORIZED SIGNATURE 1. Rafer to "Instructions to Proposers- and Contract Terms and Conditions before completing proposal. 2. Provide your best pke for each item. 3, In submitting this proposal, Proposer certifies that: a. the primas in this proposal have been arrivod at independantlyr without conoultation, communication, or agrearnent with any other proposer or comPOtltar, for the purpose of rastrleting competition with regard to prices: b. Propaser is an Equal Cppartunity Employer; and the Disclosure of Intarest information on fila with Clty`s purchasing office, pursuant to the Code of Ordinances, is curiont and true. c. Proposer has incorporated any changes issue through Addenda to the RFP In this pricing_ TEM DESCRIPTION UNITTOTAL PRICE 1.0 administrative Performance Audit of(Medical Claims 1 $29,685.00 z.o Pharmacy kahate Audit i $27,109.00 3.0 O tional Pharmacy Performance Guarantee Audit 1 15,399.OQ T36 Attachment C - Insurance Requirements 3.1. Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Director Human Resources, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence Including: 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 PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value of the policy) 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. CRIME/EMPLOYEE DISHONESTY $1,000,000 Per Occurrence Contractor shall name the City of Corpus Christi, Texas as Loss Payee WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 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 an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2018 Insurance Requirements Purchasing Medical and Pharmacy Claims Audit 02/14/2018 sw Risk Management Attachment D - Warranty Not applicable to this agreement. se GO O Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of May 15, 2018 1852 Action Item for the City Council Meeting of May 22, 2018 DATE: May 15, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(acctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services kimb2�cctexas.com (361) 826-3169 Playground Equipment and Installation at Lt. Alexander Park CAPTION: Motion authorizing the purchase and installation of playground equipment at Lt. Alexander Park from GameTime by Total Recreation Products, Inc. of Cypress, Texas via BuyBoard for a total amount not to exceed $76,273.62. PURPOSE: To approve the purchase of playground equipment and installation at Lt. Alexander Park. BACKGROUND AND FINDINGS: This playground is a replacement for the playground that had been removed due to reaching the end of its life cycle. Funding for this purchase is from the Community Enrichment fund. The equipment identified will allow for use by all age groups and meets goal three of the 2012 Parks and Recreation Master Plan by providing additional opportunities and a fitness station. 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 $1,065,797.96 $0.00 $1,065,797.96 Encumbered / Expended Amount $245,919.73 $0.00 $245,919.73 This item $76,273.62 $0.00 $76,273.62 BALANCE $743,604.61 $0.00 $743,604.61 Fund(s): Community Enrichment Comments: The full amount of the purchase is budgeted in the FY2017-2018 Community Enrichment Fund. RECOMMENDATION: Staff recommends approval of the motion 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 GAMETIME BY TOTAL RECREATION PRODUCTS, INC. CYPRESS, TEXAS UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE Game Time-TA-03048-18-1A1 1. PS16028 "Loop Around" 5-12 Unit 1 EA $28,942.00 $28,942.00 2. Game Time- Installation 1 EA $33,756.90 $33,756.90 GT-Impax - 1,200 SF Poured-In- 3. Place Surfacing 1 EA $19,561.73 $19,561.73 4. Game Time Owner's Kit 1 EA $53.00 $53.00 5. Payment Bond Fee 1 EA $1,144.19 $1,144.19 6. Freight 1 EA $2,366.80 $2,366.80 7. IBuyBoard Contract Discount 1 EA $9,551.00 $9,551.00 Total Price $76,273.62 SC 0 > SERVICE AGREEMENT NO. 59924 U Playground Equipment and Installation at Lt. Alexander Park bO RPOR Af 1852 THIS Playground Equipment and Installation at Lt. Alexander Park Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and GameTime by Total Recreation Products, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide playground equipment and installation services at Lt. Alexander Park in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide playground equipment and installation at Lt. Alexander Park ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for eight 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 $76,273.62, 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: Name: Joshua Wentworth, Parks & Recreation Superintendent Department: Parks & Recreation Department Phone: (361 ) 826-3483 Email: JoshuaWCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and 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: Joshua Wentworth Title: Parks & Recreation Superintendent Address: 1201 Leopard St., 3rd Floor, Corpus Christi, TX 78401 Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: GameTime by Total Recreation Products, Inc. Attn: Todd Miller Title: Sales Representative Address: 17802 Grant Road, Cypress, TX 77429 Phone: (281 ) 351-2402 Fax: (281 ) 351-2493 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: I Printed Name: 1 Title: _Pu-SNcl�r* Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance 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 Contractor will sell and install various playground equipment and Poured-in-Place fall zone surfacing for the playground equipment area referenced on Attachment B: Bid/ Pricing Schedule at Lt. Alexander Park located at 10622 Frontier Dr., Corpus Christi, Texas 78410. Delivery: 1 . All structures and large independent items are palletized and shrink wrapped and require a forklift for unloading. If a forklift is not available, the City must have necessary manpower to breakdown the pallets on the truck and remove the equipment to a secure storage location. The trucking company personnel will not unload. 2. On Site Storage of equipment is the responsibility of the City from the time the shipment is received until completion of the project, unless otherwise arranged. 3. Security of equipment is the responsibility of the City unless otherwise arranged. 4. GameTime is not responsible for vandalism, theft, or subsequent repairs and replacement of equipment. This refers only to the protection of the delivered equipment and does not apply to the warranty or replacement of any missing or damaged parts. Installation: 1 . The installation price of the poured-in-place surfacing is based on normal soil conditions. Unusual soil conditions that require the use of a jack hammer, or other such equipment, will incur additional charges. 2. The installation price does not include removal of sand, or anything else, which may hinder installation of equipment unless otherwise arranged. 3. Contractor shall install a 1 ,200 sq. ft. slab, 4'' depth (sub-base to be backfilled and raised approxmately 5'' so that total of slab sub-base under it is 9'') 4. The City is responsible for blue-staking the job site and staking out any underground utilities prior to installation. The City is responsible should damage occur. 5. The job site must be ready and area leveled, when the Contractor arrives to begin the job. Any downtime shall incur additional fees. 6. Vehicle access must be provided to the jobsite. Heavy equipment access to the jobsite may be required. 7. Approximately 141 linear feet of ribbon curb addition to existing site. 8. The Contractor will take all precautions to see that landscaping is not damaged during the installation, but will not be responsible should such damage occur. All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 Attachment B: Bid/Pricing Schedule QUOTE by Total Recreation Products,Inc. #80359 17802 Grant Road Cypress,Texas 77429 C1 Phone: 281-351-2402 04/24/2018 APLAYCORE COMP.RY Toll Free: 800-392-9909 Fax: 281-351-2493 TA-03048-18 Rev 1 City of Corpus Christi- Lt. Stuart Alexander Park City of Corpus Christi Ship To Zip: 78415 Attn: Jose Hernandez 5352 Ayers Building#4 Corpus Christi,TX 78415 Phone: 361-826-3986 Quantity Part# Description Unit Price Amount 1 RDU Game Time -TA-03048-18-1A1 PS16028 $28,942.00 $28,942.00 "Loop Around" 5-12 Unit 1 178749 Game Time - Owners Kit $53.00 $53.00 1 PIP25312 GT-Impax- 1,200 Sq.Ft.Pour-In-Place $19,561.73 $19,561.73 Surfacing- Price includes installation of material, a $2,500.50 discount, and freight to Corpus Christi, TX 78410 50%Black150%Standard EPDM Color- Aromatic Binder Non-Prevailing Wages 3"System depth to accommodate 6'CFH INSTALLATION SCHEDULE TO BE DETERMINED BY WEATHER CONDITIONS ALLOWING FOR PROPER MATERIAL SET UP AND CURING. QUOTE DOES NOT INCL UDE ANY TENTING OR ARTIFICIAL HEATING Assumes Good Access, No Design, &Sub Base/Site Prep by Others (covered in separate "installation"line item) Security&Dumpster Not Included(Available for an additional fee) 1 INSTALL Game Time -Installation- $33,756.90 $33,756.90 Excavation and spoil removal, Installation of Above Equipment, 141 linear feet Ribbon Curbs, and 1,200 sq.ft. 4"thick concrete slab ONLY, No other site work, demolition or concrete work included. Acquisition of any and all permits is the sole responsibility of the customer. Standard installation does not include any extra or additional machinery, drillers, etc.,for rock excavation. If rock conditions are encountered, additional charges will apply. Page 1 of 2 TA-03048-18 Rev 1 City of Corpus Christi- Lt. Stuart Alexander Park QUOTE #80359 04/24/2018 Quantity Part Descn'ption Unit Pfice Amount 1 BONDS Game Time-Bonds $1,144.19 $1,144.19 Freight Calculated to Above Address,Installer is responsible for SubTotal: $83,457.82 meeting the truck for delivery and unloading. Discount: ($9,551.00) Estimated Freight: $2,366.80 Total Amount: $76,273.62 DUE TO RISING FUEL COSTS,FREIGHT SHOWN IS ESTIMATED FREIGHT.ACTUAL FREIGHT WILL BE DETERMINED AT THE TIME OF YOUR ORDER.PLEASE FEEL FREE TO CONTACT US TO VERIFY CURRENT FREIGHT CHARGES PRIOR TO PLACING YOUR ORDER. Contract:Buy Board Contract 4512-16 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 5 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City, and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 5 E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Page 3 of 5 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: 59924 Playground Equipment and and Installation at Lt. Alexander Telephone (main number): Park Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price: $76,273.62 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 59924 Playground Equipment and Installation at Lt.Alexander Park Rev.01-13-2016 Page 4 of 5 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors,successors and assigns,jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal 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 59924 Playground Equipment and Installation at Lt. Alexander Park Rev.01-13-2016 Page 5 of 5 Attachment D: Warranty A. Poured-in-Place Poured-in-Place surfacing shall have a minimum of five year limited warranty commencing from the date of the substantial completion. The limited warranty shall provide for 1000 of the cost for necessary repairs caused by the failure of Poured-in-place surfacing only. The limited warranty includes the contractor's obligation to repair and/or replace any defective materials or workmanship in the surface are or surface areas that have failed during the warranty period. A failed area/areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of a failed system. B. Playground Equipment 1 . Limited 25 year warranty on all aluminum posts, stainless steel fasteners, clamps, beams and caps against structural failure due to corrosion/natural deterioration or manufacturing defects, and on steel posts against structural failure due to material or manufacturing defects. 2. Limited 10 year warranty on concrete products against structural failure due to natural deterioration or manufacturing defects. Does not cover minor chips, hairline cracks or efflorescence. 4. Limited warranties do not include fading of colors, damage due to excessive wear and tear, vandalism, or negligence. These warranties are valid only if products are installed according to manufacturer's installation instructions. 5. All warranties for the equipment will begin on the date of the first invoice. Page 1 of 1 se O H v NC4RPORP1E AGENDA MEMORANDUM 1852 Future Item for the City Council Meeting of May 15, 2018 Action Item for City Council Meeting May 22, 2018 DATE: 5/4/2018 TO: Keith Selman, Interim City Manager FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB(a)cctexas.com 361-826-3021 Approving a Homebuyer Assistance Program agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi CAPTION: Resolution approving an agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi in the amount of$320,000 for the Type A Affordable Housing Program. PURPOSE: The purpose of the resolution is to approve an agreement between the Corpus Christi Business and Job Development Corporation (Type A Board) and the City of Corpus Christi for the Homebuyer Assistance Program which is administered by the Housing and Community Development Department. BACKGROUND AND FINDINGS: During the April 16, 2018 Type A Board Meeting, the Board approved a motion to transfer $300,000 into the Homebuyer Assistance Program and $20,000 into the City of CC-Reimbursement line item under the Type A Board Affordable Housing Program. Also motioned on this date was an approval to enter into an agreement between the Type A Board and the City of Corpus Christi for the administration and management of the Homebuyer Assistance Program. The agreement covers the term from April 1, 2018 to March 31, 2019, whereas the Board will receive quarterly updates regarding the Homebuyer Assistance Program. The total amount covered by the agreement is $320,000. ALTERNATIVES: None OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY/ NON-EMERGENCY: This item is non-emergency DEPARTMENTALCLEARANCES: Legal Housing and Community Development FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2018-2019 CIP only) Current Year Future Years TOTALS Line Item Budget $500,000 $500,000 Encumbered / Expended Amount $133,250.20 $133,250.20 This item $320,000 $320,000 BALANCE $46,749.80 $46,749.80 Fund(s): Comments: Financial Impact will be on the funding of the Type A Board funding. RECOMMENDATION: Staff recommends that the City Council approve the agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement with Exhibit A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE CITY OF CORPUS CHRISTI IN THE AMOUNT OF $320,000 FOR TYPE A AFFORDABLE HOUSING PROGRAM WHEREAS, the Board of the Corpus Christi Business and Job Development Corporation (the "Board") has approved a Type A Affordable Housing Program - Homebuyer Assistance Program, which it funds with proceeds from the sales and use tax; WHEREAS, the City of Corpus Christi (the "City"), through its Housing and Community Development Department ("Department"), manages several programs to assist eligible citizens with affordable housing; WHEREAS, the City is willing to provide the services that the Board wishes to fund and has provided these services in the past for the Board; WHEREAS, on April 16, 2018, the Board approved an agreement in the amount of $320,000, between the City and the Board for the management of its program. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The agreement between the City and the Corpus Christi Business and Job Development Board is approved this date and made effective April 1, 2018. SECTION 2. The City Manager, or designee, is authorized to execute an agreement between the Board and the City for the Type A Affordable Housing Program — Homebuyer Assistance Program. Section 3. A copy of the executed agreement shall be filed in the office of the City Secretary. Adopted this the day of , 2018. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM — HOMEBUYER ASSISTANCE PROGRAM This Agreement for the Type A Affordable Housing Program — Homebuyer Assistance Program ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi ("City"), a Texas home rule municipality. WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) 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 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, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board wishes to fund affordable housing projects in an effective manner; WHEREAS, the City through its Housing and Community Development Department ("Department") manages several programs to assist eligible citizens with affordable housing; WHEREAS, the City is willing to provide the services that the Board wishes to fund and has provided these services in the past for the Board; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the City be awarded affordable housing funds, by execution of this Agreement, to accomplish the affordable housing project described in Exhibit "A" of this Agreement ("Project"); In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Affordable Housing Services. This Agreement between the Corporation and the City is executed to implement the promotion and development of an affordable housing project described in Exhibit "A" and incorporated in this Agreement by reference. The parties have approved this Agreement in an amount not to exceed $320,000, of which up to $20,000 will reimburse City for staff time in implementing the Project. The parties have agreed that $300,000 will be used to Page 1 of 8 implement the Project and to process applications from the citizens for funds under the Project. In addition to the $300,000 funded by this agreement, the parties agree that the City will use any funds left over from previous agreements for this program to implement the Project and to process applications from the citizens for funds under the Project. The funds provided under this agreement may not be used for any other projects or to reimburse the City for any staff time which is unrelated to this Project. Any funds not used for the implementation of the Project will be returned to the Corporation. 2. Reimbursement Process. The Parties agree that the Department will request reimbursement for staff time on a quarterly basis. Requests for reimbursement shall be submitted to the Executive Director of the Board, or designee. Reimbursement requests shall list the number of homebuyers who received funds under the Project, the total number of applicants, the number of hours spent reviewing and processing applications, and the hourly rate at which the staff time is charged. Reimbursement requests containing all of the required information shall be processed within 30 days. 3. Quarterly Updates. At the Board's meeting following the end of each quarter, the Director of the Department, or designee, will present an update on the program to the Board. The update will include the number of loans processed, the number of applicants, and the number of hours spent reviewing and processing loan applications during the preceding quarter. 4. Effective Date. The effective date of this Program Agreement is the date on which the City Council grants approval to the Corporation for this Project, so long as all parties have executed this Agreement. 5. Term. The term of this Agreement is from April 1, 2018 through March 31, 2019. 6. Termination. Either party may terminate this Agreement by giving at least 30 days' written notice to the other of its intent to terminate. In the event of such termination, the City will be entitled to reimbursement for any staff time spent reviewing and processing applications under the Project prior to the effective date of the termination. 7. Amendments or Modifications. No amendments or modifications to this Agreement or to the Project may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 8. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Corporation: City of Corpus Christi Business and Job Development Corporation Attn: President, Bart Braselton 1201 Leopard Street Corpus Christi, Texas 78401 Page 2 of 8 If to City.. City of Corpus Christi Attn.: Director of Housing and Community Development Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 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. 9. Relationship of Parties. In performing this Agreement, the Corporation and the City shall 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. CORPUS CHRISTI BUSINESS & CITY OF CORPUS CHRISTI JOB DEVELOPMENT CORPORATION Bart Braselton Samuel Keith Selman President Assistant City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Aimee Alcorn-Reed Kent Mcllyar Assistant City Attorney Assistant City Attorney Attorney for Corporation Attorney for City Housing and Community Development Page 3 of 8 Exhibit A Corpus Christi Business and Job Development Corporation TYPE A Affordable Housing — Homebuyer Assistance Program Guidelines for the Program and Criteria for Application REVISED 4/4/18 Page 4 of 8 Corpus Christi Business and Job Development Corporation TYPE A Homebuyer Assistance Program Guidelines for the Program and Criteria for Application I. Purpose The purpose of the program is to expand affordable housing opportunities for low income homebuyers by providing a deferred forgivable loan to be utilized for down payment assistance to buy down the purchase price of the home. II. General Program Description: The funding is available to qualified homebuyers for the purpose of providing down payment assistance a deferred forgivable loan to buy down the purchase price of an affordable home. Affordable housing is any house with a purchase price which does not exceed 95% of the Metropolitan Statistical Area as determined by HUD, which is currently$166,000 for 2017. The intent is to provide general terms/guidelines in order to accomplish the buy down of the purchase price to make the home affordable for households with incomes in the 80% of median income ranges (see Attachment A, 80%of Median Income Chart). The funding will be in the form of a deferred forgivable loan for up to $10,000. The term of affordability will be 5 years. The loan will be amortized over the specified affordability period, commencing on the closure date, and forgiven at a rate of$2,000 per year for every year the homebuyer lives in the house. Should the homebuyer move out before the affordability period ends, then the remaining period will be prorated and must be paid back. Recapture provisions require repayment of the total loan amount on a prorated basis. If the buyer sells the property within the affordability period, the balance of the amortized loan shall be due and payable. The funding is available on a first come, first serve basis. III. Housing Standards: The home must pass a Housing Quality Standards (HQS) inspection, which is conducted by HCD staff. If the house was build prior to 1978, a lead based paint test inspection will be required in accordance with HUD Lead Based Paint Regulations. The house cannot be located in a 100 year flood plain. Per 24 CFR Part 55: Properties located within the 100 year floodplain are vulnerable to a 100-year flood, and a 1 percent chance of a flood occurring every year. IV. Homebuyer Eligibility: Prospective homebuyers shall meet the gross annual income limits adjusted for family size as determined by HUD (see Attachment A). The Housing and Community Development Department (HCD) will determine the applicant's anticipated annual gross income. Anticipated annual gross income is an estimation of future income a purchasing household expects to receive based upon their current and future monthly income annualized over a 12 month period. Some examples of future income are bonuses, pay raises, commissions or over time. Homebuyers must attend a HUD approved Homebuyer/Homeownership class to obtain a Homebuyer Education Certificate. The certificate cannot be older than one year from the date of issue, and cannot be obtained from an Page 5 of 8 online class. If two or more persons are buying a home together, all must attend a class and provide a copy of the Homebuyer Education Certificate. HUD Approved Housing Counseling Agencies can be found here: http://www.hudl.gov/offices/hsq/sfh/hcc/hcs.cfm The purchasing household size will be determined by the Housing and Community Development Department using HUD's definition of purchasing household. Purchasing household includes all persons who will be occupying the units as their permanent residence. A member of a household is considered to a permanent member of the household if they have been living as a member of the household for at least six months or more. Homebuyer's cash on hand cannot exceed program limits. Housing and Community Development will make a determination of eligibility at the time the mortgage lender submits the required documents listed in section (V. Lender Requirements) below. The homebuyer will be issued a Commitment Letter review and approval of all required submitted documents. The Commitment Letter will expire 6 months from the date of issuance. At the time of application, the homebuyer cannot have ownership in any property. The housing ratio ("front end ratio") must fall between 28%-32% The total debt ratio ("back end ratio") may not exceed 45% V. Lender Requirements: The Lender will be required to submit the following to HCD: o Loan Estimate Form o Lender pre-qualification o Signed and dated 1003 o Escrow Earnest Money Contract (sales price cannot exceed $166,000) o Three months of the most recent bank statements o Paycheck stubs for past 3 months o Government issued identification for all purchasing household members o Copy of social security card of all members of the household o Copy of the Homebuyer Education Certificate (no older than on year from date of issue) o Underwriter Summary (1008)—to be provided prior to HCD issuing the Commitment Letter o Title Commitment showing the 1St and 2nd Liens (upon final loan approval) o Closing Disclosure (upon final loan approval) Page 6 of 8 VI. Title Company Requirements: HCD will give the approval for closing and will wire funds to the Title Company. The Title Company will provide to HCD the original signed promissory note, the recorded City of Corpus Christi Deed of Trust, Recorded Warranty Deed, Final signed Closing Disclosure, Insurance Binder which shows all liens, and the Title Policy which shows HCD as a lien holder. The Title Company will be responsible for ensuring that all documents are complete and correct. Page 7 of 8 INCOME LIMITS (80% of MEDIAN INCOME) FAMILY SIZE 1 2 3 4 5 6 7 8 ANNUAL INCOME 36,050 1 41,200 1 46,350 1 51,500 1 55,650 59,750 63,900 68,000 Revised 4/4/2018* Income limits are established by HUD and are subject to change without notice Page 8 of 8 mus c� �o a o AGENDA MEMORANDUM NCORPORPE 1852 Public Hearing and First Reading for the City Council Meeting of May 15, 2018 Second Reading for the City Council Meeting of May 22, 2018 DATE: April 20, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 3902 Cimarron Boulevard CAPTION: Case No. 0318-01 Estate of Margaret J. Pasztor: Ordinance rezoning property at or near 3902 Cimarron Boulevard from "FR" Farm Rural District to the "RM-2" Multifamily 2 District. PURPOSE: The purpose of this item is to allow for the construction of a multifamily apartment complex. RECOMMENDATION: Planning Commission and Staff Recommendation (April 4, 2018): Approval of the change of zoning from "FR" Farm Rural District to the "RM-2" Multifamily 2 District. Vote Results: For: 7 Opposed: 1 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RM-2" Multifamily 2 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. 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. 0318-01 Estate of Margaret J. Pasztor: Ordinance rezoning property at or near 3902 Cimarron Boulevard from "FR" Farm Rural District to the "RM-2" Multifamily 2 District. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Estate of Margaret J. Pasztor ("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, April 4, 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-2" Multifamily 2 District and on Tuesday, May 15, 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 Estate of Margaret J. Pasztor ("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 10.00 acres out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Cimarron Boulevard, south of Lipes Boulevard, and north of Yorktown Boulevard (the "Property"), from the "FR" Farm Rural District to the "RM-2" Multifamily 2 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\0318-01 Estate of Margaret J. Pasztor\Council Documents\Ordinance_0318- 01 Estate of Margaret J. Pasztor.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 Everett Roy 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 Everett Roy Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\Legistar\2018 CC Agenda Item s\5-15-2018\Zoning\0318-01 Estate of Margaret J. Pasztor\Ordinance_0318-01 Estate of Margaret J. Pasztor.docx Page 3 of 3 URBAN ENGINEERING Job No. 43229.00.00 April 171,2018 10.00 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 10.00 Acre Tract of Land out of Lots 1 and 2, Section 21, Flour Bluff& Encinal Farm & Garden Tract, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, being the same 10.00 Acre Tract of Land described in a Gift Deed from J.B. Jurach and Edna J. Jurach, to Margaret Pasztor, as recorded in Volume 1437, Page 315, Deed Records of Nueces County, Texas; said 10.00 Acre Tract being more fully described by metes and bounds as follows: Commencing, at a 518 Inch Iron Rod with orange plastic cap stamped "BASS AND WELSH ENGINEERING" Found, on the Northwest boundary line of a 10.031 Acre Tract, described in a Warranty Deed from George T. Smith and Faye Keith Smith to Staples Development, LLC, as recorded in Document No. 2005032049, of the Official Public Records of Nueces County, Texas, for the South corner of a 8.906 Acre Tract, described in a Special Warranty Deed from Cimarron Company to The Mostaghasi Investment Trust, as recorded in Document No. 2015043331, of the said Official Public Records, the East corner of a 10.00 Acre Tract, described in a Gift Deed from J.B. Jurach and Edna J. Jurach,to Edna Mar Wade, as recorded in Volume 1437,Page 311, of the said Deed Records; Thence, South 28°37'23" West, with the common boundary line of the said Edna Mae Wade 10.00 Acre Tract and the said 10.031 Acre Tract,330.00 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, on the Northwest boundary line of a 125 Foot Wide Drainage Easement, described in a Drainage Easement from George T. Smith to The City of Corpus Christi, as recorded in Volume 2005, Page 861, of the said Deed Records, for the South comer of the said Edna Mae Wade 10.00 Acre Tract, for the Point of Beginning and the East corner of this Tract; Thence, South 289723" West, with the common boundary line of the said 10.031 Acre Tract, the said 125 Foot Wide Drainage Easement, the said Margaret Pasztor 10.00 Acre Tract and this Tract, 330.00 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, for the East corner of a 10.00 Acre Tract, described in a Special Warranty Deed from Marijean Jurach to Paula K. Jamigan, as recorded in Document No. 2000009247, of the said Official Public Records, for the South comer of the said Margaret Pasztor 10.00 Acre Tract and this Tract; Thence, North 61'22'37" West, with the common boundary line of the said Paula K. Jarnigan 10.00 Acre Tract, the said Margaret Pasztor 10.00 Acre Tract and this Tract at 1255.77 Feet, pass a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, on the apparent Southeast Right-of-Way line of Cimarron Boulevard, a public roadway, for the South corner of a 0.284 Acre Right-of-Way Easement, described in Document No. 2007000797, of the said Official Public Records, at 1300.00 Feet, pass the West comer of the said 0.284 Acre Right-of-Way Easement, in all 1320.00 Feet, to the common boundary line of Lot 8, Section 10, of the said Flour Bluff& Encinal Farm & Garden Tract and the said Lot 1, Section 21, for the West corner of the said Margaret Pasztor 10.00 Acre Tract and this Tract; Thence, North 28°37'23" East, with the common boundary line of the said Lots 1 and 8, the said Margaret Pasztor 10.00 Acre Tract, 330.00 Feet, to the West corner of the said Edna Mae Wade 10.00 Acre Tract, for the North corner of the said Margaret Pasztor 10.00 Acre Tract and this Tract; S:\Surveying1432291OOOONOFFICE\NETES AND BOUNDSIFN_432290000 1O.00Ac 20180417jdc.doc Page i of 1 (361)854-3101 2725 SWANTNER DR. . CORPUS CHRISTI,TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TBPE Firm# 145 .TBPLS Firm #10032400 Thence, South 61°22'37" East, with the common boundary line of the said Edna Mae Wade 10.00 Acre Tract,the said Margaret Pasztor 10.00 Acre Tract and this Tract, at 20.00 Feet, pass the North corner of the said 0.284 Acre Right-of-Way Easement, at 55.00 Feet, pass a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, on the apparent Southeast Right-of-Way line of Cimarron Boulevard, a public roadway, for the East corner of the said 0.284 Acre Right-of-Way Easement, in all 1320.00 Feet, to the Point of Beginning, containing 10.00 Acres(435,600 Square Feet)of Land,more or less. Save and Except a 0.284 Acre Right-of-Way Easement, described in Document No. 2007000797, Official Public Records of Nueces County, Texas, and a 20 Foot Road Easement shown by plat of Flour Bluff& Encinal Farm&Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; Total Gross Acreage: 10.00 Acres Total Net Acreage: 9.56 Acres Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of Tract described herein. U AN ENGIN ER G a� TEx James D. Carr, R.P.L.S. License No. 6458 S:1Surveying1432291000olOFFICE\METES AND BOUNDSIFN 432290000_10.00Ac 201804I7jdc.doc Page 2 of 2 (361)854-3101 2725 SWANTNER DR, •CORPUS CHRISTI,TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TBPE Firm 4 145 .TBPLS Firm#10032400 A31 8. S=WN W / / Point of / Commencement / FiO o� / �Oo�=The�`3Sg 906 No. ?s o9�'6' _q', \ � ''wl %c•. .p � �°F�o q�� S�hose S4. F "r :o�'°��e� 4y� ��Oo 2 0,'�N� ?-4 1 G7 1 Q" 4s>pd°ay s CO43 a Go /J SZJ a ry�'x jpry Ss'�?3F /3 0� 6a�MTek ae� ryFoc }� 00 /h�O" Grose Acres: 19.00 Acres j RN os � Q Less 0.44 Acres �zsSO F/7 'e, (20' Road Easement & 0.234 Acres Right–of–Way Easement) o a Net Acres: 9.56 Acres o' oDm PI.DUA 9111pP 9NL'1NAL P rv�°wee �R�wa��. °Q a y S z°3p�b or ar�a; PA AL 41 °9a ` m Q 4 p sy p O N D�N11grim 67 rl1DN1Y. 7A>!HX cooed 1 0 n-9 'J �� o F 04001s-tl-21 Point of ° f 4 �' or< 70 l COw111,l ga,ei Pasnor) @�O ots oo 20� voi �a3P.Pg,sus,o e N.cr.) � BeB�ninB ReOO�X04 Co�"a Fid 2 ., A5 i �� Sketch t0 Acco 7lJct n 47 7 � °�io s X043 o„a �=//a. is61.'11DN 41 FlELDNOTES for a 10.00 Acre Tract of Land out of Lots ooO °,/' 1�of 4, oo 1 and 2, Section 21, Flour Bluff & Encinal Farm & 0"90„ ek P3 Garden Tract, a map of which is recorded in Volume A, pR °s i �Oti Pages 41-43, Map Records of Nueces County, Texas, 0�?� 6jV o"O�z being the some 10.00 Acre Tract of Land described in a `" ¢- Gift Deed from J.B. Jurach and Edna J. Jurach, to Margaret Pasztor, as recorded in Volume 1437, Page 315, Deed Records of Nueces County, Texas. DATE: April 20, 2018 URBAN SCALE: 1"=200' ENGINEERING JOB NO.: 43229.00.00 SHEET: 1 of 2 Z NO/ DRAWN BY. XG urbonsurveyl Qurbaneng.com / / 02018 by Urban Engineering COUNTY OF NUECES CITY OF CORPUS CHRISTI 4p� TE6��eyo�a p �o e 1 4 14- 1 6 w' 00� �ie�a^a F U LOCATION MAP N.T.S. DATE: April 20, 2018 URBAN SCALE: :"4322 ENGINEERING JOB 9.00.00 SHEET: 43222 of 2 DRAWN BY: XG urbanwry yi®urbaneng.com 02018 by Urban Engineering Zoning Case #0318-01 Estate of Margaret J. Pasztor Rezoning for a Property at 3902 Cimarron Boulevard City Council Presentation May 15, 2018 Aerial Overview CQil b Mae, y, @ oO y+. tnw Subject Property at 3902 Cimarron Boulevard (:f YORkc\�Is /ma�j � CR , It \� s Vicinity Map �x „ R S a',ty� (o)OpenStreetMap and contributors, Creatwe Commons-Share Nike U—nos(1,C.13Y-SA] 3 t� Zoning Pattern was O p 0a� 0o ani_l�r�a� �O o �000s C(3o2 �00� F� 0� 2003 3 o"o °�0@ oo o o Alma ] g� � _ r Planning Commission and = ` Staff Recommendation Approval of the change of zoning from the "FR" Farm Rural District to the "RM-2" Multifamily 2 District. Site Plan a Y 3 3U LAU 3 - V � - 288 Apartment Units- 132 — 1 BR, 132 — 2 BR, 24 — 3 BR 570 Parking Spaces 6 �pUS Ch `O N y O J w N est (11� r PLANNING COMMISSION FINAL REPORT Case No. 0318-01 INFOR No. 18ZN1005 Planning Commission Hearing Date: April 4, 2018 c Owner: Estate of Margaret J. Pasztor aa o Applicant: Cypressbrook Company Location Address: 3902 Cimarron Boulevard aN Legal Description: 10.00 acres out of Lots 1 and 2, Section 21 , Flour Bluff Q °a ° and Encinal Farm and Garden Tracts, located on the east side of Cimarron Boulevard, south of Lipes Boulevard, and north of Yorktown Boulevard. From: "FR" Farm Rural District a a To: "RM-2" Multifamily 2 District 'Es Area: 10.00 acres N ° Purpose of Request: To allow for the construction of a multifamily apartment complex. Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Medium Density Residential Drainage and Permanent Open _ North "IH" Heavy Industrial Vacant Space and Medium 'E ? Density Residential ° Vacant and Low Medium Density South "FR" Farm Rural Density Residential Residential v, J Permanent Open East "IH" HIndustrial Drainage and Space and Medium X Heavy Vacant Density Residential West "RS-6" Single-Family Low Density Medium Density Residential Residential Area Development Plan: The subject property is located within the boundaries 06 v, of the Southside Area Development Plan and is planned for medium density M o residential uses. The proposed rezoning to the "RM-2" Multifamily 2 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and a o warrants an amendment to the Future Land Use Map. Q Map No.: 043031 Zoning Violations: None c Transportation and Circulation: The subject property has approximately 330 ° feet of street frontage along Cimarron Boulevard which is designated as an "Al" Minor Arterial Street. According to the Urban Transportation Plan, "Al" ° Minor Arterial Streets can convey a capacity between 15,000 to 24,000 a N Average Daily Trips (ADT). The site is serviced by Route 26 of the Corpus L Christi Regional Transit Authority. The nearest bus stop is 1,300 feet to the north in front of Veterans Memorial High School. Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation � O Plan Type Section Section Volume Cimarron "A1" Minor Arterial 95' ROW 105' ROW 12,535 ADT Boulevard Street 64' paved 64' paved (2016) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "RM-2" Multifamily 2 District to allow for the construction of a multifamily apartment complex. Development Plan: The subject property is 10.00 acres in size. The owner is proposing a 288-unit apartment complex. The units are projected to include 132 One Bedroom apartments, 132 Two-Bedroom apartments and 24 Three-Bedroom apartments. Approximately 570 parking spaces will be provided as part of the development along with an amenity center and pool. 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 Master Channel 31 , and vacant land zoned "FR" Farm Rural District. Master Channel 31 has a drainage right-of-way width of approximately 140 feet and a depth of 7.21 feet. Additionally, to the north are vacant tracts rezoned in 2015 to the "CN-1" Neighborhood Commercial District and to the "RM-2" Multifamily 2 District. Located farther to the north across Lipes Boulevard is Veterans Memorial High School. To the south is a vacant 10 acre tract zoned "FR" Farm Rural District. Located farther to the south is the Cimarron Lake Estates Subdivision with a Home Owners Association (HOA). The subdivision was rezoned in 2004 to the "RS-6" Single-Family 6 District. The subject property to the east is also bordered by Master Channel 31 . Across the channel are vacant tracts zoned "FR" Farm Rural District. Farther to the east, a zoning case was recently heard by the Planning Commission on March 21 , 2018 for a potential change to the "RM-1" Multifamily 1 District regarding a potential apartment complex with a maximum density of 235 dwelling units. To the west is Cimarron Boulevard. Across Cimarron Boulevard are single-family residences (Yorktown Crossing Unit 2 Subdivision) 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-2" Multifamily 2 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map based on the following policies: Staff Report Page 3 • 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) • 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), and warrants an amendment to the Future Land Use Map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant and is a remaining unplatted "FR" Farm Rural tract. The property has not been developed since annexation in 1995. • Recent rezonings have occurred to the north in 2015 to the "CN-1" Neighborhood Commercial District and to the "RM-2" Multifamily 2 District. Most recently to the east, a zoning case was recently heard by the Planning Commission on March 21 , 2018 for a potential change to the "RM-1" Multifamily 1 District regarding a potential apartment complex with a maximum density of 235 dwelling units. • Based on recent zoning changes and existing commercial zoning along Cimarron Boulevard (Al Arterial Street) a trend towards commercial development is occurring. Such a trend is consistent with the goals and policies of the Comprehensive Plan. Infill of remaining adjacent "FR" Farm Rural Tracts will be addressed by future rezonings and may generate further amendment of the Future Land Use Map. • The "RM-2" Multifamily 2 District allows 30 dwelling units per acre by right. The proposed 288 apartment is compatible with the density requirements of the "RM-2" District. • Due to the adjacency of drainage master channel (MC 31), no buffer yard would be required to the north or east. • If the "RM-2" Multifamily 2 District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Staff Report Page 4 Planning Commission and Staff Recommendation (April 4, 2018): Approval of the change of zoning from the "FR" Farm Rural District to the "RM-2" Multifamily 2 District. Vote Results: For: 7 Opposed: 1 Absent: 1 Abstained: 0 Number of Notices Mailed — 13 within 200-foot notification area = 6 outside notification area 0 As of March 30, 2018: In Favor — 1 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area — 3 outside notification area a Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0318-01 Estate of Margaret J.Pasztor\PC Documents\Staff Report_0318-01 Estate of Margaret J.Pasztor.docx CN-1 = FR CN-1 Q' yORk `tib �Ro z Ssj 5 �CB RS-6 RM-2 _6 RSA 12 U _4 9 13 11 8 10 SUBJECT PROPERTY o� 7 3 MjR RS-6 pyj< ,\ Q� DateCreated:�31,1/2018 0 400 800 Prepared By'JeremyM et Department of.Development Services CASE: 0318-01 Q? 2 ZONING & NOTICE AREA P k RM-1 Multifamily 1 IL Light Industrial 4 do<<.yRo RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay SUBJECT Apo. ON Professional Office RS-10 Single-Family 10 PROPERTY <aRoc RM-AT Multifamily AT RS-6 Single-Family 6 6� CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 ?� CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate DO CG-1 General Commercial RS-TH Townhouse Q' 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 'hry �if=r FR Farm Rural v o�Ne H Historic Overlay BP Business Park EI* FE-2-1 Subject Property O Owners Cit Of with 200'buffer in favor �1T �q�, __ Corpus 4 Owners within 200'listed on �/ Owners LOCAI��N /Yt/yP -- -' os�cv''FFK attached ownership table X in opposition C�1r1St1 x r N nr nr Z- - t a s d w- d a TrT Y i -I vd3� T Ra '' sA1 iz2 Y � 6AiM!}p f o I Fl M iid o V F ETS 3 a� It er a .. .92 a�+bny,rw� NoalVtir41t9 I Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con incapacidades, que tienen la intencian de asistir a esta iunta y que requieren servicios esyeciales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al deyartamento 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 diricirse a la commission durante_la junta y su inglds es limitado, favor de Ilamar al degartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta vara solicitar un interyrete seryresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0318-01 Estate of Margaret J. Pasztor has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "RM-2" Multifamily 2 District, resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 3902 Cimarron Boulevard and being 10.00 acres out of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Cimarron Boulevard, south of Lipes Boulevard, and north of Yorktown Boulevard. 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, April 4. 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 puOlic 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. � t Printed Name: _ .lk -17 Yt ss: t CitylState:FAVOR ( ) IN OPPOSITION Phone: ON: Signature SEE MAP ON REVERSE SIDE Case No.0318-01 INFOR Case No.: 18ZN1005 Project Manager.Andrew Dimas Property Owner ID: 5 Email:andrewd2@cctexas.com IN �� i=0000340617MAR 23 2018r>PITNEYBOWES City of Corpus ChristiDevelopment Services Dept. ZIP 78401 QQQ,47fl P.O. Box 9277 02 Ori Corpus Christi,Texas 78469 5 247600100060 KAFFIE HAROLD C& HARRIS A KAFFIE P.O. BOX 2967 Corpus Christi,TX 78403 h� I4� r� av firRo SUBJEC - PROPERTY A-1 all , r l v� �¢ qT 400 uR.nm.m e CASE: 0318-01ILI- / SUBJECT PROPERTY WITH ZONING T � r� r Su6pd SUBJECT RN I Num"MR,'. l LIN Ni l ` ` .. PROPERTY + wa Irn...ur x w /w.1y IrW1M1. RLS WMI[.►=wM1-13.. RM Ru*,lio�lCllwc..�..�LNI 1.1'7Yt11 0 Ph"lw.w4OZ.umn1..,,Wi CKI R64 w"w-ru/L1.18 + p CML w1�[L7M1g00[.mM.LNI R7-IF T 4dwit, / CR I IN.w C—.Nd "is wn[Yi..IV,1i CRJ R..MIC�mmw.Nl R[ R..hwaw9.Nw ALMI_/G$ j C6.1 V-1 CCM—NI CI Fb.wk.C.m.Mli41 R.CnLInIW YaReN►.IY 4 CC60w.R C.mmncl.l RYR b CRJ awl C.ww.nNl FR F.�ft-1 cityor iv iuu�Nwv n� 1.0CAY16— M ' °0"tr+ Chrlsil; se GO O Va. v AGENDA MEMORANDUM NORROPPEPublic Hearing and First Reading for the City Council Meeting of May 15, 2018 1852 Second Reading for the City Council Meeting of May 22, 2018 DATE: April 24, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Urban Transportation Plan Amendment — Deletion of two proposed (C1) Collector streets located north of FM 624 between Calallen High School and County Road 69 and the existing River Canyon Drive (C1) Collector CAPTION: Ordinance amending Urban Transportation Plan map by deleting two proposed (Cl) Collector streets north of FM 624 between Calallen High School and County Road 69 and the existing River Canyon Drive (Cl) Collector. PURPOSE: The purpose of this item is to change the City's Urban Transportation Plan map by deleting two planned streets to accommodate a proposed development for Calallen Independent School District in the area northeast of the Northwest Boulevard/County Road 69 intersection. BACKGROUND AND FINDINGS: A "Collector" street provides access to local, other collector, and arterial streets. The lowest order of "collector" streets is designed to "collect" local residential streets with the intent of connecting to an arterial grid system. This ordinance will delete two (2) proposed (C1) Collector Streets located north of FM 624 between Calallen High School and County Road 69 and the existing River Canyon Drive (C1) Collector designation from the City's Urban Transportation Plan (UTP) Map. Calallen Independent School District (ISD) is proposing to construct an elementary school north of the County Road 69 and FM 624 intersection. As part of the platting process, the school has submitted a preliminary plat in compliance with City master plans. The current UTP map shows two proposed C1 collectors within the boundary of the plat. The city initiated the proposed amendment to remove these master planned streets from the UTP network. City Staff (Development Services, Traffic Engineering, Planning, and Utilities) met to discuss the applicant's preliminary plat and recommended deletion of the two proposed collector streets and deletion of the existing River Canyon Drive (Cl) designation. The Transportation Advisory Commission, on March 26, 2018, and the Planning Commission, on April 18, 2018, both recommended the deletions. Deletion of these street networks were based on several factors. It appears these proposed street networks were based on a proposed high-density residential development from the 1980s. Calallen ISD now owns this tract and the traffic volumes generated will not meet recommended levels or provide the intended street connectivity recommended for collector streets. Also, a proposed realignment would require right-of-way acquisition from two properties to the east of this development. Property was platted and a house was built at the end of River Canyon Drive. For this reason, the existing C1 designation of River Canyon Drive is included in the UTP plan amendment recommendation. ALTERNATIVES: Denial of the proposed ordinance amendment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to Plan CC, Goal 1, Strategy 5, "Encourage planning effectively for future streets and highways capable of carrying projected traffic flows and protect future street right-of-ways from being obstructed with development." EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering), Planning, and Development Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: City Staff, Transportation Advisory Commission, and Planning Commission recommend approval of the UTP map amendment as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Urban Transportation Plan map by deleting two proposed (Cl) Collector streets north of FM 624 between Calallen High School and County Road 69 and the existing River Canyon Drive (Cl) Collector WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, April 18, 2018, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, May 15, 2018, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi, and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Urban Transportation Plan map of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by deleting a proposed C1 Collector, having an alignment running in the east/west from County Road 69 to River Canyon Drive between County Road 69 and Wildcat Drive, and deleting a C1 Collector, having an alignment running in the north/south from Riverside Drive to River Canyon Drive between Northwest Boulevard and Hazel Bazemore, as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 4 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 Everett Roy 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 Everett Roy Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 4 Exhibit A -LE T .E I-L FL + Y pRIVER CANYON DR. �. PR POSED U.T.P. AMENDMENT ! 4 To PROPOSED ALIGNMENT ------------ s - 0 �. }• - �y- _-- — .w - crt 114 N LL Fri 6$4• LEGEND EXUNO COLLET:° PROPOSED COLLECTCR EXIST1NO WCEWL PROPOSED ARTERIAL PROPOSER ALIGNMENT REMNAL SUBJECT: PROPOSED U.T.P. AMENDMENT TO PROPOSED ALIGNMENT Traffic Engineering Office Street Operations ai*ion Page 4 of 4 Urban Transportation Plan Amendment: Deletion of Two Collector Streets City Council Presentation • May 15, 2018 ice Subject Property .,_ RIVER"NyONOR K O TEAGV E[N W ------------ e m O ti O 3 NOkTNyiESTg(y0(FM 674J , b� Ui Current Plan RIPER"NYONOR h TEAGUE[ry 0 ti 8 0 3 NOR-WpSTg,yp(FM 624J V @ Scope • Proposed C1 Collectors (60' ROW) ➢ Riverside Dr. (From Northwest Blvd to proposed River Canyon Dr.) ➢ River Canyon Dr. (From County Road 69 to existing River Canyon Dr.) • Proposed Development (Calallen ISD) ➢ 63.197 Acres for Calallen Elementary ➢ City sponsored UTP Amendment based on submitted preliminary plat I& Proposed UTP Map Amendment • Deletes two proposed C1 Collectors; Riverside Dr. from Northwest Blvd. to proposed River Canyon Dr. and River Canyon Dr. from County Road 69 to existing River Canyon Dr. • Maintains access to school through County Road 69 and with existing on site access • Removes the need for ROW acquisition of unplatted land to the east of the property at River Canyon Dr. Proposed UTP Map Amendment -----X- _X____R'VER"NrOND,? r,'AIOEZ,V X O 'VoRrHIVRSTaLv, `@ Recommendations • Staff, Transportation Advisory Commission (TAC) (March 26, 2018), Planning Commission (April 18, 2018) Recommendations: ➢ Deletion of two proposed (Cl) Collector streets located north of FM 624 between Calallen High School and County Road 69; and the existing River Canyon Drive (Cl) Collector ➢ Staff Recommendation: • Approval of the UTP amendment as shown se GO O Va. AGENDA MEMORANDUM NORROPPEFirst Reading Item for the City Council Meeting of May 15, 2018 1852 Second Reading Item for the City Council Meeting of May 22, 2018 DATE: May 15, 2018 TO: Keith Selman, Interim City Manager FROM: Esther Velazquez, Assistant to the City Manager EstherV@cctexas.com 361.826.3093 Matt Blasy, General Manager American Bank Center MattB@cctexas.com 361.826.4171 Appropriating $200,000 for Convention Center Content Development CAPTION: Ordinance appropriating $200,000 capital contribution from SMG into the Visitor Facility Fund to fund Convention Center content development; and amending the FY18 operating budget. PURPOSE: To develop content in the Theater and Convention Center venues as well as outdoor festivals. BACKGROUND AND FINDINGS: During the 2017 request for proposal process for an American Bank Center management company, SMG who won the bid, included a $200,000 capital contribution as part of their response to the proposal. The City received SMG's $200,000 capital contribution in December 2017. Currently, the American Bank Center has sufficient funding to effectively support its operation. Available Type A funds for the Arena and HOT funds for the Convention Center are sufficient to continue to budget appropriately for future capital improvements. As a result, SMG's $200,000 capital contribution would have minimal impact if utilized on a capital improvement project. An area that is lacking in the American Bank Center's budget is funding support for developing event content for the Convention Center including the Theater and outdoor events. There is a Convention Event Fund (CEF), however, the guidelines of CEF do not allow expenditure of CEF dollars in this manner as their intent is to increase destination/overnight convention business or events that support growth of the hotel occupancy tax. This would be an objective for the Convention Center content development funds, but not its primary function. There is potential to increase event content and reduce the American Bank Center's net operating loss if the necessary start-up funds were available to get these events established. SMG would utilize an approval process similar to the one for Type A Marketing and Co- Promotion Funds that require City Manager approval. SMG would request a dollar amount and provide a description of the event and justification for the funds. After the event, SMG will invoice the City for reimbursement of the approved funds. SMG would waive its reimbursement request if the event is financially successful on its own. This would result in a greater impact of the SMG capital contribution as those dollars could be utilized for a future event. ALTERNATIVES: Do not approve appropriation. EMERGENCY / NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: Legal, Finance, Budget, City Manager's Office FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: FY18 Current Year TOTALS Amended Budget This item $200,000 $200,000 NEW BALANCE Fund: Visitor Facility Fund 4710 Comments: None. RECOMMENDATION: Staff recommends approval of this Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE APPROPRIATING $200,000 CAPITAL CONTRIBUTION FROM SMG INTO THE VISITOR FACILITY FUND TO FUND CONVENTION CENTER CONTENT DEVELOPMENT; AND AMENDING THE FY18 OPERATING BUDGET. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $200,000 is received from SMG, under its contractual obligations to contribute capital to the American Bank Center, and is appropriated into the Visitor Facility Fund No. 4710 to fund convention center content development. SECTION 2. That the FY2017-18 operating budget adopted by Ordinance No. 031255 is amended by increasing revenues and expenditures by $200,000. SECTION 3. That the City Manager, or designee, is authorized to sign any documents necessary to approve the use of the funds for convention center content development. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor day of ' 2018. 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED, this the day of ' 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor se G� 0 a AGENDA MEMORANDUM NCOgpOR4i E� First Reading Ordinance for the City Council Meeting of May 15, 2018 zs52 Second Reading Ordinance for the City Council Meeting of May 22, 2018 DATE: May 3, 2018 TO: Keith Selman, Interim City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of Amendment to Ordinance No. 031235 for the Regional Local Services System/Local Public Health System (RLSS/LPHS) to Increase Grant Program Income in the amount of $140,000.00 and appropriation of the funds for the contract period September 1, 2017 through August 31, 2019 CAPTION: Ordinance amending Ordinance No. 031235 regarding the Regional Local Services System/Local Public Health System grant to increase related program income by$140,000.00 for new estimated total program income of$400,000. PURPOSE: Program Income to be used to provide for personnel costs, supplies and other expenses to improve and strengthen local public health infrastructure within the State of Texas. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) had awarded a grant in the amount of $328,736, to provide funding for public health services beginning September 1, 2017 through August 31, 2019, to fund personnel, fringe benefits and supplies to support the provision of essential public health services including disease investigation and surveillance, laboratory services and environmental health services. It was originally estimated that the grant would generate RLSS grant regular program income of$220.000.00, and RLSS grant program Medicaid income of$40,000.00, during the period of September 1, 2017 through August 31, 2019 that must be spent on expenses to support the objectives of the RLSS grant program; however, the Health District now forecasts that an estimated additional $110,000.00 of Regular RLSS Grant Program Income, and $30,000.00 of Medicaid RLSS Grant Program Income will be collected for the two- year grant program period. ALTERNATIVES: Refuse to approve and appropriate the forecasted grant program income and not allow it to be used to provide for local public health services including disease investigation and surveillance, laboratory services, and environmental health services, and send the money back to the Texas Department of State Health Services. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: ❑x Operating ❑x Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2017-2019 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item RLSS Grant This item (Est. RLSS Regular Program Income) $55,000.00 $55,000.00 $110,000.00 This item (Est. RLSS Medicaid Program Income) $15,000.00 $15,000.00 $30,000.00 BALANCE $70,000.00 $70,000.00 $140,000.00 Fund(s): Grants Comments: No fiscal impact to General Fund. Grant award does not require any cash or indirect in-kind match. Any program income earned in each month must first be deducted from monthly expenses so that the remaining balance is charged to the grant for reimbursement; and all program income must be spent during the grant period and cannot be carried forward into the future. If it is not spent, the income must be sent back to DSHS. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance and appropriation of grant program income funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency. This item requires two readings. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Ordinance No. 031235 regarding the Regional Local Services System/Local Public Health System grant to increase related program income by $140,000.00 for new estimated total program income of $400,000.00 Whereas, on August 29, 2017, the Corpus Christi City Council approved an Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Regional Local Services System/Local Public Health System (RLSS/LPHS) grant in the amount of $328,736,00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide essential public health services for the contract period September 1, 2017 through August 31 , 2019; and appropriating related program income in the estimated amount of$260,000 in the Health Grants Fund No. 1066; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: "Section 2" of Ordinance No. 031235 is amended to increase estimated program income as follows: "Section 2: Authorizing the appropriation of an estimated $330,000.00, RLSS grant program income and estimated $49900-99 $70,000.00, RLSS grant program Medicaid income in the No. 1066 Health Grants Fund, for a total project cost of $728,736.00. Section 2: A copy of this amendment shall be filed in the office of the City Secretary. 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 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 Jeff H. Edmonds, P. E., Director of Engineering Services Fred Segundo, Director of Aviation Services Meeting Date Agenda Category Le istar ID May 22, 2018 Motion 18-0540 Agenda Title: Construction Contract Change Order - No. 3 for Corpus Christi International Airport (CCIA) Airport Operations Area Perimeter Fence Replacement PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute Change Order No. 3 o With B. E. Beecroft Co. Inc. of Corpus Christi, Texas o In the amount of$226,351.02 o For additional upgrades to the CCIA server with additional security cameras, upgrades and replacements SUMMARY ➢ Joint project with Federal Aviation Administration (FAA) o 90% / 10% cost share ➢ Original contract: o Replace 9 miles of existing fence (constructed 1984) o Remove & replace existing fencing w/ high security fencing o Install new high-speed security gates & controls, digital surveillance cameras o Install wildlife barriers, fiber optics, electrical cables, etc. ➢ Change Order No. 3: o Adds - ■ Upgrades to CCIA server ■ Additional security camera upgrades / replacement in terminal o Approved by FAA o Time sensitive to allow adequate time to ■ Procure ■ Construct within contract PRIOR COUNCIL ACTION ➢ October 18, 2016—Council awarded original construction contract FINANCIAL CONSIDERATIONS ➢ Project in Capital Improvements Program budget ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Location Map ➢ Presentation ➢ Change Order No. 3 FUTURE ACTIONS ➢ None Project No.E15221 EP/0 Rev.2—05/08/18 Item Details Legistar # 18-0540 Construction Contract— Change Order No. 3 for Corpus Christi International Airport (CCIA) Airport Operations Area Perimeter Fence Replacement (Capital Improvement Program) Council Meeting Dates: Item Being Considered: Action Item — May 22, 2018 Motion RECOMMENDATION: Authorization to execute Change Order No. 3 with B. E. Beecroft Co. Inc. of Corpus Christi, Texas in the amount $226,351.02 for the CCIA Airport Operations Area Perimeter Fence Replacement project. SUMMARY: On October 18, 2016, City Council awarded the CCIA Airport Operations Area Perimeter Fence Replacement Project to B. E. Beecroft Co. Inc. This is a joint Federal Aviation Administration (FAA) / City project with a respective 90/10 percent construction cost share to replace approximately 9 miles of existing fence that was initially constructed in 1984. The project includes removal and replacement of existing perimeter fencing with high security fencing, new high-speed security gates and controls, concrete footings, wildlife barrier, driveways, fiber optics, electrical cables, and other miscellaneous improvements. The original project included new digital surveillance cameras around the perimeter of the new fence and minor upgrades to the security system to incorporate the new features. This Change Order provides for additional upgrades to the CCIA server with additional security cameras upgrades and replacements within the airport terminal building. Approval of this item is time sensitive to allow adequate time for procurement and construction within the contract. The FAA approved this additional work and cost sharing. PREVIOUS COUNCIL / BOARD ACTIONS: October 18, 2016—Council awarded construction contract to B. E. Beecroft Co. Inc. Project No. E15221 1 EP/CJ Rev. 1—05/07/18 PROJECT BUDGET ESTIMATE Airport Operations Area Perimeter Fence Replacement Airport Capital Improvement Program FUNDS AVAILABLE: Airport Fund Reserves $ 1,634,347.33 FAA Grant 6,637,856.00 TOTAL........................................................................................................................................ $ 8,272,203.33 FUNDS REQUIRED: Construction Fees: Construction Total(B.E.Beecroft Co.Inc.)...................................................................................... $7,048,321.89 Initial Construction Contract................................................................ $6,681,780.30 Change Order No.1&2..................................................................... 140,190.57 Sub-total Construction............................................................................................... $6,821,970.87 Change Order No.3 THIS ITEM................................................................................ 226,351.02 Contingencies................................................................................................................................ 301,636.44 Design,Construction Management/Inspection&Testing Fees:............................................................... 822,245.00 *Engineer(Garver)Task Orders 1,2&10..................................................................... 787,345.00 Preliminary Design(Garver)....................................................................................... 34,900.00 Reimbursements: Total Reimbursements.................................................................................................................... 100,000.00 Contract Administration(Engineering Services/Capital Budget/Finance).............................. 22,000.00 Engineering Services(Project Mgt/Constr Mgt)............................................................... 76,000.00 Misc.(Printing,Advertising,etc.).................................................................................. 2,000.00 TOTAL........................................................................................................................................ $8,272,203.33 ESTIMATED PROJECT BUDGET BALANCE..................................................................................... $0.00 *Garver Task Orders include Construction Materials Testing CCI� cu-, Corpus Chr st Engineering Corpus Christi International Airport Airport Operations Area Perimeter Fencing Change Order No. 3 (407 Council Presentation May 22, 2018 _ Project Location Corpus Chr sti — Engineering oE. o` TON N c0j''RI SCALE:NT.S. °Op SHIP CHANNE 4 CORPUS CHRISTI 4 eopgRo � g CCIA AIRPORT OPERATIONS EOPARD AREA PERIMETER FENCING a Z 44 �9( CORPUS CHRISTI ° /�y 286 INTERNATIONAL 1- AIRPORT M°RGP Q 358 w y O Y� 92 Y k s� o v� ° 3= M�Rp�e CO<(ihq� s O 2 Project Vicinity Corpus*Ch,sti Engineering r Corpus Christi International Airport Approximately 9 Miles of Fencing Replacement 3 Project Scope ko) J P Corpus Chrsti E-v)� Engineering ➢ Change Order No. 3 (Security Enhancements): • Adds - o Upgrades to CCIA server o New cameras and camera upgrades • Approved by FAA • Time sensitive to allow adequate time to o Procure o Construct within contract Project Schedule A J Corpus Chr'sti Engineering 2016 2017I Jan Feb Ntar Apr Ntay Jun Jul Aug Sep Oct Nov Dec Jan Feb Nor Apr Nay Jun Jul Aug Sep Oct NoJDec anFeb Ntarji Design Bid/Award Construction Projected Schedule reflects City Council award of Change Order No. 3 in May 2018 with anticipated project completion in July 2018. City of Corpus Christi Engineering Services Change Order CHANGE ORDER NO.: 3 CHANGE ORDER DATE: 4/9/2018 PROJECT: Airport Operations Area Perimeter Fencing PROJECT NUMBER: E15221 CONTRACTOR: B.E.Beecroft Company,Inc. CONTRACT TIME(CD): 355 ENGINEER: Garver,LLC Make the following additions,modifications or deletions to the work described in the Contract Documents: Part A-Base Bid New Items: CO3-01 Electrical Install Base Server and 100 TB Network Video Recorder 1 LS(al 530,359.34 $30,359.34 CO3-02 Elec4rical Professional Services limiting downtime during fail over I IS(a$920.00 $920.00 CO3-03 Electrical Redundant recording with existing cameras 1 LS(a?$15,829.75 S15,829.75 003-04 Electrical Install KVM 8 port with monitor,keyboard,and mouse 1 LS(a?$1,953.85 $1,953.85 CO3-05 Electrical Replace Analog Cameras with New Digital cameras with network upgrades I LS(a)$177,288.08 S177,288.08 Net Total of This Change Order $226,351.02 Whv was this Change necessary: Additional scope added to the project via FAA concurrence which includes installing new base server(Seneca X1000 utility Server)with 100 TB network video recorder, professional services to limit downtime during fail over,license and configuration for rcdundent recording with cameras,install KVM 8 port with monitor,keyboard,and mouse, and replace existing analog cameras with new digital cameras with network upgrades. All work shall be completed within 60 calendar days of the date of this change order.upon execution,Contractor agrees to have all materials ordered and on site within 50 calendar days and installation/construction will be completed within 10 calendar days from receipt of the equipment. How can similar changes be avoided in the future? Not applicable since this was requested addition to scope of contranct. The compensation agreed upon in this Change Order is full,complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said cosec are known,unknown,foreseen or unforeseen at this time,including without limitation,any cost for delay.extended overhead,ripple or impact cost,or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount $ 6,681,780.30 Previously Approved Change Order Amount $140,190.57 Proposed Change Order Amount $226151.02 Revised Contract Amount $ 7,048,321.89 Percent of Total Change Orders(including this CO) 5.49% Previously Approved Weather Days(Through March 3 ) 22 Previous Change Order Contract Time 95 CD Additional Time on This Change Order 60 CD Revised Contract Time 532 CD Recommended by Approved by Garver,I.1.C. B.E.Beecroft Company,Inc. Byzi 8 By Dy�D4�i g D to Date CITY OF CORPUS CHRISTI J Recommended by: Approv �0 Kent Power,P.E. Date Fred Segundo Date Acting Construction Engineer Director of Aviation Recommended by: Approved by: Jeffrey Edmonds,P.E. Date Valerie H.Gray,P.E. Date Director of Engineering Services Executive Director of Public Works Recommended by: Approved by: Eddie Houlihan,Director Date Mark Van Vleck Date Management and Budget Assistant City Manager Recommended by: Approved by: Aimee Alcorn-Reed Date Margie C.Rose Date RECEIVED City Attorney City Manager APR 10 2018 Construction Inspection CORPUS CHRISTI INTERNATIONAL AIRPORT AIRPORT OPERATIONS AREA PERIMETER FENCING ESTIMATE OF COST NEW SERVER-OPTION 2 REVISION 3 ITEM NO. SPEC.NO. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 1 BASE SERVER-SENECA X1000 UTILITY SERVER EA. 1 $ 1,913.89 $ 1,913.89 2 NETWORK VIDEO RECORDER WITH 100 TB EA. 1 $ 17,544.45 $ 17,544.45 3 INSTALLATION EA. 1 $ 10,901.00 $ 10,901.00 Total $ 30,359.34 OPTIONS: 1.)Additional time from Professional Services to assist with limiting downtime during fail over Add to total above $ 920.00 2.)Additional redundent recording with existing cameras and cameras installed within the original scope of work License $ 13,759.75 Configuration $ 2,070.00 Add to total above $ 15,829.75 3.)Additional rackmount KVM 8 port with monitor,keyboard,mouse.Tripp lite with cables Add to total above $ 1,953.85 DETAILS: Base Server: Seneca X1000 Utility Server SENECA-BRANDING Brand systems with Seneca logo 1.00 6EU-00009 MS Win10 IoT Enterprise 2016 LTSB Value for Embedded 4o4 1.00 DSS-CUSTOM-SETTINGS DSS Custom System Configuration Settings 1.00 PRIME-B250M-C/CSM mATX B250M S1151 DDR4 DP HDMI DVI VGA M.2 1.00 RED-DEPOT Desktop Next Business Day Parts Warranty 1.00 841-1342310-001 20 Inch Rail Kit for RM24200 1.00 ATX-4P-EX 12"ATX12V 4Pin to 4Pin CPU Power 1.00 RM24200-1_2 21.1 Rackmount no PS mATX 2x 5.25 Ext Drive Bay 1.00 SS-350ES 350 Watt 80 Plus Power Supply 1.00 XCONNECT xConnect Management Software 1.00 BX80677137100 Intel Core i3-7100 3.9GHz S1151 1.00 334250-001 Designed for Intel Core i3 7th Generation Small 1.00 AVW641GU67J5213N2-SA 8GB DDR4 2133MHz,CL15,1.2v,2Rx8 1G x 64 DIMM 1.00 ST1000DMO10 1.OTB 720ORPM 64MB SATA3 1.00 EXPI9301CT Intel Gigabit Pro Ethernet PCI-Express 1.00 C01-SENECA-025 Serial Port Header Cable-DB9-EVEREX 1.00 920-002565 Logitech MK120 USB Keyboard Mouse Combo 1.00 DEPOT-SERVER 3 Year Depot Server Warranty 1.00 SDNBD8X5NVRO203Y 3 Year 24x7 Phone and 8x5 NBD Onsite Support 1.00 NVR with 10OTB: Network Video Recorder 200 Series P10S-MWS/IPMI-O ASUS mATX Intel C236 DDR4 SATA RAID with ASMB8 1.00 RED-DEPOTSV Server Red Depot Parts Warranty 1.00 SENECA-BRANDING Brand systems with Seneca logo 1.00 6EU-00008 MS Win 10 IoT Enterprise 2016 LTSB High End for Embedded 4o4 1.00 NVR20OS-OS NVR200S Quick Start Guide 1.00 Lm-flll BEECROFT Corpus Christi International Airport Page 1 of 2 C 0 N S T R U C T 1 0 N XCONNECT xConnect Management Software 1.00 RM23612E3-SDI 2U Rackmount 875w RPS 12G 12x Hotswap Trays 1.00 XNVR200-12-CERT XNVR200-12 Certification Label 1.00 XNVR-CERT-PW RLBL XNVR Power Label 1.00 XNVR-CERT-SLIDELBL XNVR Slide Warning Label 1.00 BX80677E31245V6 Intel Quad Core Xeon E3 1245V6 3.7GHz S1151 1.00 KVR24E17S8/8 8GB DDR4 2400MHz ECC Unbuffered 2.00 SSDSC2KB240G701 240GB S4500 Series SSD SATA 2.00 RAID1 Configure To RAID Level 1 1.00 ST1000ONM0086 10TB SATA 7200rpm 3.5 Inch 128MB 10.00 RAID5 Configure To RAID Level 5 1.00 05-25716-00 LSI MegaRAID 9380-8i8e PCI-Express 3.0 1.00 214343-1000MM SFF8643 to SFF8643 SAS 12G Cable,1 m 1.00 CVPM02 LSI Cachevault Power Module 1.00 1210T1 BILK Intel 1210 PT Server Adapter 1.00 920-002565 Logitech MK120 USB Keyboard Mouse Combo 1.00 DEPOT-SERVER 3 Year Depot Server Warranty 1.00 SDNBD8X5NVR1003Y 3 Year 24x7 Phone and 8x5 NBD Onsite Support 1.00 Storage Expansion Kit: STORAGE EXPANSION KIT NOT NEEDED WITH OPTION 2 BEECROFT Corpus Christi International Airport Page 2 of 2 C O N S T R U C T 10 N i CORPUS CHRISTI INTERNATIONAL AIRPORT AIRPORT OPERATIONS AREA PERIMETER FENCING ESTIMATE OF COST REPLACE ANALOG CAMERAS WITH NEW DIGITAL CAMERAS—REVISION 1 ITEM NO. SPEC.NO. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT REPLACE EXISTING ANALOG CAMERAS WITH NEW DIGITAL 1 CAMERAS LS. 1 $ 144,081.71 $ 144,081.71 2 NETWORK UPGRADES FOR NEW CAMERAS LS. 1 $ 33,206.38 $ 33,206.38 Total $ 177,288.08 *See attached for camera location,count,lens configuration and cable length. BEECROFT Corpus Christi International Airport Page 1 of 1 CONSTRUCTION 3 3 3 3 3 3 3 3 3 3 3 3 3 3 33 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 '3 s 333333:'-^- o' � 0 d £ £ £ 3333a 3 3 3 o< a a o� o z.- i o` I�o z o e e g o 0 0 o n .o g o 0 0 0 0 0 o n o o q o 0 0 0 o q q n z d w n a3n a3n n a'o ani�o'c�an3 . . . _ 3 o I3 o 3 I3 ~ 3 13 z . . _ 1.�r ...... ..- ..--- ........-- - .... .. .. .... o F 6 / New Fiber Patch Panel with 24 Port Ij Switch POE,extend Cat 6 cable(Plenum-Rated) 21 each of the New Camera's and ensure camera/ Location c . ^m II penetrations are Sealed Watertight 14 South-East side of Commercial Apron Erdaft 15 South-West corner of Commercial Apron 16 Southwest Ai_din_e_s jet bridge Commercial Apron 17 Hall Lobby o� 18 ,Checkpoint Entrance 19 -TSA Checkpoint 20 TSA Checkpoint t 21&21 Restaurant Hallway Interior 22 IService Elevator Hall — 1 23 Restaurant Kitchen 24 Southwest Airlines Holdroom 25 Sterile Area Hallway 26 United Airlines HDldroom CEILING MOUNTED 27 American Eagle Airlines Holdroom - - WALL MOUNTED New Fiber Patch Panel with 24 Port SURFACE MOUNTED OUTDOOR Switch POE,location @ Giftshop Storage R m mounted in wall,extend Cat 6 cable(Plenu abed) \ - to each of the New Camera's and ensure ; „27 Wall penetrations are Sealed Watertight _ 2nd FLR LEVEL "' CAMERA AS-BUILT LAYOUT _ a k 23 off all II I NMB:1016 8 1041 IDF Room - Terminale existing Fiber lana New 24 Pon POE switch Install new Cat 6 cable(Plenum-Rated)to --- Install new Cat 6 cable(PlenumeRaleng is New Camera s I'StaliEnsor New GBIC""'t-am to existing switch in Data Room exaEnsure switch in Data Room 1076 Seal Ensure Wall penelralan5 are Sealed Watertight EIKUR Wall PenehaaDns are Sealed Watertight C-- am * Locatlon -, - 1 West comer Pxi meter Taxi Bull Pen 2 South-West comer Gate 10B Exit _ Exterbr 3 South West comer Gate t lB EM 4 Taxi Front Payline Fixed,PTZ Camera_ - 5_ Tan Fmnl Payhne Fixed _ 0 Baggage Claim area 7 Mein Hall Lobby _ 8 Ticket Coupler East _ Inlerar 9 T . Counter West 10 United AxImes Counter uth 11 Southwest Amines Counter -- * LE�LiNG w),mrED 12 Amerman Fagle Aimmes Counter - --o 13 Belly Cargo ••^�^ SHAME xIDDNTED EXTERIOR Extend Multi-Mode Fiber From IOF Roan 1st Flour — Patch Panel through United Airline Storage OPS Room — l to 2nd Floor GAISNwP Storage Room wall mounted = New Fiber Patch Panel with 24 Port POE Switch - r 1st FLR LEVEL CAMERA AS49UILT LAYOUT se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 15, 2018 NCORROP pEO 1852 Action Item for the City Council Meeting of May 22, 2018 DATE: May 15, 2018 TO: Keith Selman, Interim City Manager FROM: Steve Viera, Director of Human Resources SteveV a)..cctexas.com (361) 826-3445 Kim Baker, Assistant Director of Financial Services—Purchasing Division Kim 132(acctexas.com (361) 826-3169 Service Agreements for Employee Health Benefits CAPTION: Resolution authorizing negotiation and execution of four, three-year service agreements to provide third-party administration of the City's self-funded employee benefits for a total estimated cost of $127,400,000, with two one-year renewal options. PURPOSE: Approval to execute contracts for employee health benefits. BACKGROUND AND FINDINGS: The current contracts for employee health benefits are expiring. These benefits are for City employees including both Fire and Police labor groups. A Request for Proposal No. 1484 was released January 15, 2018 to start the process for new contracts. The City solicited all lines of coverage with the exception of vision. The City received 30 proposals for these services, and evaluations of the proposals began by the City's evaluation committee and health benefits consultant. The five top scoring firms proposing to provide medical and pharmacy benefits were invited for interviews. Upon completion of the interviews the five top firms were asked to submit their best and final offers (BAFOs). The BAFOs were evaluated and final scores were tabulated for each firm to determine the highest ranking firm offering the best value to the City for health benefits. The life and long term disability providers were evaluated in the same manner with the exception that no interviews were conducted. These firms also provided a BAFO for review. Scores were tabulated and the highest ranking firm offering the best value to the City for life and long term disability benefits are being recommended for award. The procurement covered stop loss coverage as well, however pricing cannot be finalized for a few months therefore, the award of this coverage will be presented at a later date. The City recommends award to the following companies: • Blue Cross and Blue Shield of Texas (BCBSTX), a Division of Health Care Service Corporation, of Richardson, Texas, for medical, dental and COBRA plans with an estimated cost of $97,860,000. • CAREMARKPCS HEALTH, L.L.C. (CVS), of Northbrook, Illinois, for pharmacy benefits with an estimated cost of $26,800,000. • Dearborn National Life Insurance Company, of Lombard, Illinois for life insurance including ADD, optional and supplemental plans with an estimated cost of $2,060,000. • Ochs, Inc., on behalf of Madison National Life Insurance Company, Inc., of Madison, Wisconsin for long term disability with an estimated value of $680,000. ALTERNATIVES: No feasible alternative OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Human Resource Department, Financial Services Department, Legal Department and Budget Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $0.00 $127,400,000 $127,400,000 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $127,400,000 $127,400,000 BALANCE $0.00 $0.00 $0.00 Fund(s): N/A Comments: There are no funds needed for this fiscal year as the contracts will not begin until next fiscal year. The estimated value of these contracts is $127,400,000 for the initial three-year term. Please note that the three-year total contract cost of$127,400,000 is an estimated amount based on medical, dental and pharmacy enrollment and utilization as well as employee participation in Life and LTD programs. Fluctuation in utilization may alter the total cost. RECOMMENDATION: Staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Evaluation Matrix Presentation Resolution authorizing negotiation and execution of four, three-year service agreements to provide third-party administration of the City's self-funded employee benefits for a total estimated cost of $127,400,000, with two one-year renewal options. WHEREAS, third-party administration of the City's employee benefits is required; WHEREAS, the City issued Request for Proposal No. 1484 ("RFP") on January 15, 2018, requesting proposals for administration of the City's various employee benefit plans; WHEREAS, the City evaluated the proposals under the RFP and determined that Blue Cross and Blue Shield of Texas, a division of Health Care Service Corporation ("BCBSTX"), of Richardson, Texas, will provide the best value to the City for the administration of the City's medical, dental, and COBRA plans; WHEREAS, the City evaluated the proposals under the RFP and determined that CAREMARKPCS HEALTH, L.L.C. ("CVS") of Northbrook, Illinois, will provide the best value to the City for the administration of the City's pharmacy plans; WHEREAS, the City evaluated the proposals under the RFP and determined that Dearborn National Life Insurance Company ("Dearborn"), of Lombard, Illinois, will provide the best value to the City for the administration of the City's life insurance, including ADD, optional and supplemental plans; WHEREAS, the City evaluated the proposals under the RFP and determined that Ochs, Inc., on behalf of Madison National Life Insurance Company, Inc. ("Ochs"), of Madison, Wisconsin, will provide the best value to the City for the administration of the City's long-term disability plans; WHEREAS, in the event that any of the above listed proposers fails to execute an agreement for any of the awarded items, the City Manager or designee may negotiate and execute agreements with other proposers, who participated in the RFP, so long as the additional estimated cost under such agreement is no more than 10% greater than the estimated cost listed in this resolution for the specific award items. 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 negotiate and execute a three- year service agreement with BCBSTX, with two one-year extensions, for the third-party administration of the City's medical, dental, and COBRA benefit plans, with an estimated cost of $97,860,000 during the three-year term. Section 3. The City Manager, or designee, is authorized to negotiate and execute a three- year service agreement with CVS, with two one-year extensions, for the third-party Page 1 of 3 administration of the City's pharmacy benefit plans, with an estimated cost of$26,800,000 during the three-year term. Section 4. The City Manager, or designee, is authorized to negotiate and execute a three- year service agreement with Dearborn, with two one-year extensions, for the third-party administration of the City's insurance, including ADD, optional and supplemental benefit plans, with an estimated cost of$2,060,000 during the three-year term. Section 5. The City Manager, or designee, is authorized to negotiate and execute a three- year service agreement with Ochs, with two one-year extensions, for the third-party administration of the City's long-term disability benefit plans, with an estimated cost of $680,000 during the three-year term. Section 6. Furthermore, in the event that BCBSTX, CVS, Dearborn, or Ochs fails to execute the contract for the awarded items, the City Manager, or designee, is authorized to negotiate and execute a contract with any proposer, who participated in the RFP, so long as the additional estimated cost under such agreement is no more than 10% greater than the estimated cost listed in this resolution for the specific award items. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 3 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 Everett Roy Lucy Rubio Greg Smith Page 3 of 3 RFP No.1484- Health and Welfare Employee Benefits Kim Baker Fully Insured Medical+Pharmacy Self-Insured Medical Options Aetna-fully Blue Cross-fully United HealfhCare-fully United Healthcare Proposal Evaluation - Medical Aetna-self BlueC meds elf Humana-self insured medical insured medical insured medical -self insured pharmacy pharmacy pharmacy insured medical insured medical medical insured medical Minimum Qualifications PASS PASS PASS PASS PASS PASS PASS Licensing/Registration Required 5 years in Business No outstanding lawsuits/litigation with City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal(100 points) 88.36 97.67 93.37 90.87 98.17 88.37 77.02 Cost(30 points) Cost Containment(20 points) Claims Processing(15 points) Reporting(10 points) Integrated Systems/Technology Initiative(10 points) Past Performance(10 points) Communication(5 points) Interview Interview(10 points) 6.00 9.33 7.17 5.83 9.50 7.67 Cost Cost Containment Claims Processing Reporting Integrated Systems/Technology Initiative Past Performance Communication Total Max 110 94.36 107.00 100.54 96.70 107.67 96.04 EVAL SHEET 1 Self-Insured Pharmacy Options Magellan-self- United Healthcare Proposal Evaluation - Pharmacy Aetna-self Blue Cross-self CVS Health-self-insured insured self insured Express Scripts self Humana-self insured pharmacy insured pharmacy pharmacy pharmacy pharmacy insured pharmacy insured Pharmacy Minimum Qualifications PASS PASS PASS PASS PASS PASS PASS Licensing/Registration Required 5 years in Business No outstanding lawsuits/litigation with City during lasts years No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal(100 points) 89.49 91.09 99.00 87.69 89.99 68.39 89.38 Cost(30 points) Cost Containment(20 points) Claims Processing(15 points) Reporting(10 points) Integrated Systems/Technology Initiative(10 points) Past Performance(10 points) Communication(5 points) Interview Interview(10 points) 5.17 6.83 10.00 8.00 4.50 Cost Cost Containment Claims Processing Reporting Integrated Systems/Technology Initiative Past Performance Communication Total Max 110 94.66 97.92 109.00 95.69 94.49 EVAL SHEET 2 Proposal Evaluation - Dental United United Concordia Aetna-Self- Blue Cross-Self- Humana-Self- Standard-Self-insured Healthcare-Self Dental-Self- insured insured insured insured insured Minimum Qualifications PASS PASS Licensing/Registration Required 5 years in Business No outstanding lawsuits/litigation with City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal(100 points) Cost(30 points) Cost Containment(20 points) Claims Processing(15 points) Reporting(10 points) Integrated Systems/Technology Initiative(10 points) Past Performance(10 points) Communication(5 points) Interview-no interview for Dental Total 95.50 92.42 66.16 87.03 66.83 90.60 #Note Standard did not provide claims repricing as required so they were deemed non responsive *Note AETNA WANTS TO REPRICE DENTAL IF THEY DON'T GET MEDICAL EVAL SHEET 3 Proposal Evaluation - Dental Aetna-Fully- Americas-Fully Delta Denial- Meilife-Fully United Healthcare insured insured Blue Cross-Fully-insured Fully-insured Insured -Fully-insured Minimum Qualifications PASS PASS Licensing/Registration Required 5 years in Business No outstanding lawsuits/litigation with City during Iasi years No outstanding regulatory issues Inst 5 years References Provided for firm Technical Proposal(100 points) Cost(30 points) Cost Containment(20 points) Claims Processing(15 points) Reporting(10 points) Integrated Systems/Technology Initiative(10 points Past Performance(10 points) Communication(5 points) Interview-no interview for Dental Total 91.66 88.92 96.23 98.17 89.82 91.67 EVAL SHEET 4 Proposal Evaluation - COBRA united ASI Aetna Blue Cross fiurn:an, p Healthcare Minimum Qualitications Licensing/Registration Required 5 years in Business No outstanding lawsuits/litigation with City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal(100 points) Cost(30 points) Cost Containment(20 points) Claims Processing(15 points) Reporting(10 points) Integrated Systems/Technology Initiative(10 points) Past Performance(10 points) Communication(5 points) Interview-no interview for COBRA Total 86.44 i 89.17 99.00 84.85 60.91 EVALSHEET 5 Proposal Evaluation - Basic Life/ADD Dearborn National Metlife Securian Standard /Optional Life Minimum Qualifications PASS PASS PASS PASS Licensing/Registration Required 5 years in Business No outstanding lawsuits/litigation with City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal(100 points) Cost(30 points) Cost Containment(20 points) Claims Processing(15 points) Reporting(10 points) Integrated Systems/Technology Initiative(10 points) Past Performance(10 points) Communication(5 points) Interview-no interview for Life Ins Total 98.66 82.44 93.76 95.16 EVAL SHEET 6 Proposal Evaluation - LTD Dearborn National Metlife Ochs Standard Minimum Qualifications PASS PASS PASS PASS Licensing/Registration Required 5 years in Business No outstanding lawsuits/litigation with City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal(100 points) Cost(30 points) Cost Containment(20 points) Claims Processing(15 points) Reporting(10 points) Integrated Systems/Technology Initiative(10 points) Past Performance(10 points) Communication(5 points Interview-No interview for LTD Total 79.60 73.21 96.33 79.37 EVAL SHEET 7 Health Plan RFP Recommendations Council Presentation May 15, 2018 Background Goals & Objectives: • Fiscally Responsible • Improve Wellness Initiatives • Simplicity • Self-Insured vs. Fully Insured • Examine Potential Relief to Employee Costs Self-Insured vs. Fully-Insured FY 2019 Expense Forecast for Medical Plans: Self-Insured Cost Fully Insured Cost BCBS $34.6 million BCBS $42.9 million Aetna $43.8 million UHC $45.2 million Fully-Insured bids were at least $8.3 million more than remaining Self-Insured Health and Welfare Employee Benefits RFP #1484 Computation of 3-year costs Current RFP(Self-Insured) Savings Company 3-year cost Company 3-year cost Medical/Dental/COBRA UHC 103,290,000 BCBS 97,860,000 (5,430,000) Pharmacy ESI 28,210,000 CVS 26,800,000 (1,410,000) Life Insurance Standard 2,430,000 Dearborn 2,060,000 (370,000) LTD Insurance Lincoln 1,230,000 Ochs 680,000 (550,000) Grand Total 135,160,000 127,400,000 (7,760,000) RFP Evaluation - Medical Current Provider 3'd in Overall Scoring United 3,d in Price Healthcare Network savings have not materialized and high shared savings fees Recommendation Committee Recommendatio�Bl.eossBlue Shield of Texas BCBS of Texas Aetna United Healthcare Evaluation Criteria Points (Staff Recommendation) Ranking—1 Ranking—2 Ranking—3 Technical Proposal 100 98.17 90.87 88.37 Interview 10 9.50 5.83 7.67 Total Score 100% 97.59 95.78 94.92 Administrative Services Only(Fixed Costs) $1,278,857 $1,266,080 $1,231,706 Estimated Medical Costs—Year 1 (Estimated $22,445,000 $23,100,000 $24,100,000 based on claims repricing network discounts) Year 1 Total $23,723,857 $24,366,080 $25,331,706 Difference in Cost +$642,224 +$1,607,849 Percentage Difference +2.71% +6.60% Estimated 3-year cost savings from selecting Blue Cross Blue Shield of Texas over Current Provider(Medical/Dental/COBRA) $5,430,000 RFP Evaluation - Phar macy ®{,, 6th in Overall Scoring. Did not advance to the Interview portion of the evaluation. Current Provider Express Scrips 2nd in Price • Several ongoing issues including Plan Setup,Administration,and Customer Service Recommendation Committee Recommendation:CVS United CVS BCBS of Texas Magellan Aetna HealthCare (Staff Evaluation Criteria Points Recommendation) Ranking—1 Ranking—2 Ranking—3 Ranking—4 Ranking—5 Technical Proposal 100 99.00 91.09 87.69 89.49 89.99 Interview 10 10.00 6.83 8.00 5.17 4.50 Total Score 100% 109.00 97.92 95.69 94.66 94.49 Estimated Prescription Costs— Year 1 (Estimated based on claims $7,007,000 $8,583,993 $7,546,322 $8,216,084 $7,905,033 repricing submissions) Difference in Cost +$1,576,993 +$539,322 +1,209,084 +898,033 Percentage Difference +22.51% +7.7% +17.26% +12.82% Estimated 3-year cost savings from selecting CVS over Current Provider $1,410,000 RFP Evaluation - Life Insurance Current Provider Standard Life 2"d in Overall Scoring,V in Price. Recommendation CommitteeRecommendation:Dearborn National Dearborn National Standard Securian MetLife (Staff Evaluation Criteria Points Recommendation) Ranking—1 Ranking—2 Ranking—3 Ranking—4 Technical Proposal 100 98.66 95.16 93.76 82.44 Total Score 100% 98.66 95.16 93.76 82.44 Estimated Premiums—Year 1 $681,387 $747,371 $749,544 $974.356 Difference in Cost +$65,984 +$68,157 +292,970 Percentage Difference +9.68% +10.0% +43.00% Estimated first year cost savings from selecting Dearborn over Current Provider $370,000 RFP Evaluation - Long Term Disability LTD Insurance Current Provider Did not submit a completed bid. Lincoln Life Recommendation CommitteeRecommendation�Ochs/Ma�dso. tional Life Ochs Dearborn Standard MetLife (Staff Evaluation Criteria Points Recommendation) Ranking—1 Ranking—2 Ranking—3 Ranking—4 Technical Proposal 100 96.33 79.60 79.37 73.21 Total Score 100% 96.33 79.60 79.37 73.21 Estimated Premiums—Year 1 $214,144 $289,769 $281,443 $327,716 Difference in Cost +$75,625 +$67,299 +113,572 Percentage Difference +35.32% +31.43% +53.04% Estimated first year cost savings from selecting Dearborn over Current Provider $550,000 SC GO � � �A O H v AGENDA MEMORANDUM /NCORPOB 1EO First Reading for the City Council Meeting of May 8, 2018 1852 Second Reading for the City Council Meeting of May 15, 2018 DATE: April 17, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Department of Development Services NinaM@cctexas.com 361-826-3276 Ordinance appropriating $13,006.92 from the No. 4220 Wastewater Trunk System Trust Fund to refund John Butler and Elizabeth Butler, the wastewater lot/acreage fee paid. CAPTION: Ordinance refunding $13,006.92 from Wastewater Trunk System Trust Fund to John and Elizabeth Butler. PURPOSE: In accordance with the Unified Development Code, Section 8.5.2.G.1, the property owner may petition the City Council to determine whether the wastewater acreage fee should be refunded. BACKGROUND AND FINDINGS: The 2007 Platting Ordinance and the current Unified Development Code (UDC) provide that a property owner may request a refund of the wastewater acreage fees paid. The refund request must be made after 10 years and before 20 years from the date of the filing of the plat. The UDC states that the City Council may decide during a hearing to refund the monies, if the petitioners are the property owners, no wastewater lines currently serve the petitioners' property, and the property is not likely to be served within the next 5 years. The refunds will be appropriated from the Wastewater Trunk System Trust Fund, if funds available. The refund shall include a 5.5% interest per annum from the date of filing of the plat. The order of refunds will be determined according to the date the application for refund is approved by the City Council. In October 2007, John Butler and Elizabeth Butler paid the wastewater acreage fee as required during the platting of the property. The Platting Ordinance in 2007 required payment of the wastewater acreage fee, or an exemption from the fee by the City Council. The applicant paid the fee. The plat of Butler Addition, Lot 1 was recorded on October 7, 2007. The Butlers paid a $7,614.65 Wastewater Acreage Fee, and a $446.00 Water Pro Rata Fee, by cashier's check, totaling $8,060.65, evidenced by a copy of the cashier's check and a copy of Planning Department receipt dated October 8 and 9, 2007. It has been 10 years since the plat was first recorded and the wastewater fee paid. Based on the criteria stated above, and the payment of $7,614.65, and the accrual of interest, Mr. and Mrs. Butler are currently due $13,006.92. Since the fee was paid in 2007 and has been accruing interest, it is in the best interest of the City to authorize payment to the Butlers. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Refund request is consistent with UDC Section 8.5.2.G.1. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Wastewater Trunk System Trust Fund $182,020.97 Encumbered / Expended Amount $0.00 This item $13,006.92 BALANCE $169,014.05 Fund(s): Wastewater Trunk System Trust Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the appropriations ordinance to the refund of Mr. & Ms. Butler's wastewater acreage fee plus the required 5.5% interest per annum. LIST OF SUPPORTING DOCUMENTS: Ordinance John and Elizabeth Butler Refund Request Location Map Interest Chart Ordinance refunding $13,006.92 from Wastewater Trunk System Trust Fund to John and Elizabeth Butler WHEREAS, the current property owners owning at least 50 percent (50%) of the relevant platted property have petitioned for a refund of the wastewater lot/acreage fees originally paid for that property; WHEREAS, the property does not currently have public wastewater services available; and WHEREAS, the property will not be served with public wastewater services within the next 5 years. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Making the above findings in accordance with Section 8.5.2.G. of the Unified Development Code, City Council approves the refund of the wastewater lot/acreage fee paid by the petitioner, John Butler and Elizabeth Butler, with a 5.5 percent interest per annum. SECTION 2. Funding in the amount of $13,006.92 is appropriated from the No. 4220 Wastewater Trunk Line Trust Fund to refund John Butler and Elizabeth Butler wastewater lot/acreage fees previously paid for Butler Addition, Lot 1 in accordance with Section 8.5.2.G. of the Unified Development Code. Furthermore, the City Manager or designee is authorized to issue payment of the refund to the named parties contingent on fund availability. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 20_, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of , 20 by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel PASSED AND APPROVED this the day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor CANCELLATION/REFUND RE VEST Development Services 2406 Leopard, Suite 100 Corpus Christi, TX 78408 (361) 826-3240 (361) 826-4375 (fax) PermitRequests@cctexas.com Cancellation of: Permit License Other TYPE OF APPLICATION OR PERMIT Building Electrical Plumbing Mechanical Taps Beverage License Did work start on permit Yes No Today's Date Permit# Receipt# jrefu�}d Is approved, check will be made payable to the Contractor that pulled the perm't: contractor Name on Permit. 4 Z CL� 1j ,L�"�f Phone#� l ` C1 C O 9_ C g Address i l A ' City/State Cr'4'ar li>(t 5 ! zip Code l A E-Mail Address as Shown on the Permit: Reason for � I Cancellation or Refund In Detail r• '� L C�( f :f £ k Ir "I( Ck 1 1 f-% Signature of Contractor Requesting Refund ,�� 1 L j Lt Approved by(Office Use) Approved Date(Office Use) The applicant may ca•,cel a perm't upon written app Ecation anytime within two(2)months of the date of the issuance of a building electrical p umbing, or mechanica:permit If no work has been done during the two month after the issuance of the permit the city shall retain a minimum of$40 00 to cover the cost of audit ng the fee and preparing the request for refund If work has already started on the permit you wish to cancel, no refund Is allowed. We reserve the right to inspect the property before deciding on the refund In all other ;nstances regarding any other fees collected by the Department other than perm;t fees for which a refund,s requested due to contract default lease cancellation or other simi.ar circumstances the City shall retain a minimum of$40 00 to cover the cost of auditing the fees and preparing the request for refund Notes f t tA4U C_dr�,Ariv , a,I City of Corpus Christi `. Planning Department ti.• NAME DATEgLq I D ADDRtBLj� Uj 4. Prepare ,L(Q,��; Ext� � , 1.D. Quantity Amount Xerox/Postage (6061) PH Zoning Fees/Verification (6062) P1 Platting Fees (6063) PJ ' Bluepnnts/Maps/Aerials (6064) PK Zoning Ord./Platting Ord./ADPs (6135) ' PL Sales Tax (6580) PM Policy Statements/Pop. MSA (6554) PN Over/Short i WR , GIS Fees ; PB Water Acreage/Lot Fees (1465) i , ewer Acreage/Lot Fees (1475) G. r Pro to Feees (1470) a� er Pra Rata Fees (1480} ; Street Lighting Fees (3075) TOTAL, ,,ct : 1 Q7 Receipt 1&1$ 3 ' `7 IiGI A31ITA 1 Original—Customer Pink-Copy for DMNrtRMI Yellow—Central Cashiering 4y C N � tn 00 rn o d Z � Q � r rm .,..i to Gn U o V o O 1 L CD r~, Ln Ln * � cl y O cs s as c U O �^ A N ., U O it Er .d y oL, 4-J M o Z, � ,� w -4-jo E i-r 4 ro ¢tea so ±1-i1 E7-d1E£S 1'i f 506CL Petition for Refund of Wastewater Lot/Acreage Fees Butler Addition, Lot 1 City Council Meeting May 8, 2018 Location Map ButlerA Let f J ;r Wastewater Refund 2 Aerial Butler Additi®n, Lot 1 (5.72 Acres) 060 3 Refund Requirements UDC 8.5.2.G . 1 • The petitioners (John & Elizabeth Butler) are the current owners of the land, for which the wastewater lot/acreage fee was paid • After 10 years, but not more than 20 years from plat filing date (10/4/2007), no wastewater lines serve the property • The property is not likely to be served within 5 years Staff Assessment • The petition meets the requirements of UDC 8.5 .2 .G . 1 t J o� aQ �ro �y4 Fc. Butler Addition Lot 1 y\ roR�. o e�y Date Created:4111/2018 0 400 800 � Prepared By�JeremyM Feet Department at Devl7ent Services Wastewater Refund �y Subject usJECrP�� Property V PRS iERrY Q � aq V 1 La Cityof Corpus ILvcarrvnr MaP Co INTEREST CALCULATION Interest rate: 5.50%1 1 PLAT: BUTLER ADDITION LOT 1 10/9/2007 $7,614.65 WASTEWATER ACREAGE/LOT FEE PAID Year 1 end: 10/9/2008 $8,033.46 Year 2 end: 10/9/2009 $8,475.30 Year 3 end: 10/9/2010 $8,941.44 Year 4 end: 10/9/2011 $9,433.22 Year 5 end: 10/9/2012 $9,952.04 Year 6 end: 10/9/2013 $10,499.41 Year 7 end: 10/9/2014 $11,076.87 Year 8 end: 10/9/2015 $11,686.10 Year 9 end: 10/9/2016 $12,328.84 Year 10 end: 10/9/2017 $13,006.92 se O� v AGENDA MEMORANDUM Nc1852Eo First Reading Ordinance for the City Council Meeting of May 22, 2018 Second Reading for the City Council Meeting of June 12, 2018 DATE: May 1, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Ordinance exempting lot 1, block 1, STEPS Terminal from payment of wastewater lot or acreage fees conditioned upon a Sanitary Sewer Connection Agreement. CAPTION: Ordinance exempting Lot 1, Block 1, STEPS Terminal, from the payment of Wastewater Lot or Acreage Fees, under Section 8.5.2.G of the Unified Development Code, and authorizing the City Manager or designee to execute a Sanitary Sewer Connection Agreement. PURPOSE: Exempt the property owner of STEPS Terminal, Block 1, Lot 1 from paying $280,816.25 in wastewater acreage fees. BACKGROUND AND FINDINGS: The subject property, known as STEPS Terminal, Block 1, Lot 1, is located west of Manning Road and north of SH 44. The owner is proposing to develop a railroad terminal to receive, store and transport refined products and Liquid Petroleum Gas (LPG). Kansas City Southern Railroad mainline runs along the southern property boundary of the subject property. Munoz Engineering, on behalf of Rangeland Products Terminals, LLC, property owner, submitted to Planning Commission a request for a waiver of wastewater infrastructure construction per Section 8.2.7.13 of the Unified Development Code (UDC), and an exemption from the Wastewater Lot/Acreage Fee in accordance with Section 8.5.2.G. The wastewater infrastructure construction, if required by Planning Commission, would have required a Wastewater Master Plan amendment. Attached is the preliminary wastewater main layout and cost estimate for wastewater infrastructure construction. The subject request was first presented to Planning Commission on January 24, 2018. The applicant presented a proposal to install wastewater infrastructure including an 8-inch wastewater line running along Manning Road and Alpine Street, a new lift station at the northwest corner of the property, and an 8-inch force main from the lift station, west on Alpine 1 Street to North Clarkwood, then running south along North Clarkwood to the closest manhole, south of Clarkwood and Bark Street right-of-way. (Option A). Planning Commission requested a cost estimate of wastewater infrastructure construction for another option that would have required less wastewater infrastructure. Munoz Engineering provided the cost estimate for this alternative, that would have connected the proposed lift station at the northwest corner of the property to the closest manhole to the property to the southwest, running a force main south, along the western property line, and then connecting to that existing manhole, by way of Bark Street right-of-way (between Clarkwood Tracts and Isensee Partition tracts). This was presented to the Planning Commission on March 21, 2018 (Option B). Planning Commission, at the March 21, 2018 meeting, approved the request for waiver of the wastewater construction requirement (finding that the development was not reasonably accessible to a public wastewater facility of sufficient capacity and connection lines), and recommended to City Council an exemption of the property from Wastewater Lot or Acreage Fees. Currently, there is no wastewater service within a reasonable distance from the subject property. The closest wastewater manhole is located near the intersection of Clarkwood Road and Bark Street. The wastewater manhole is approximately 1,600 feet from the subject property, within the Allison Service Area Wastewater Collection System Master Plan. The wastewater from that manhole flows by gravity towards Clarkwood South Lift Station and is pumped to Clarkwood North Lift Station. Approximately 9 acres of the subject property is in Allison Service Area. The remaining acreage (approximately 169.75 acres) is located outside of Allison Service Area Wastewater Collection System Master Plan (adopted 2004) and Greenwood WWTP Service Area Wastewater Collection System Master Plan (adopted 2006). Regarding payment of wastewater lot or acreage fees, Section 8.5.2.G of the UDC states that City Council, with the advice of Planning Commission, may exempt a tract of land from the Wastewater Lot/Acreage Fees, provided the area is not likely to be served with wastewater services within the next 15 years. The potential Wastewater Lot/Acreage Fees are approximately $280,816.25, based on the rate of $ 1,571.00 per acre. The subject property consists of 178.75 acres. An on-site sewage facility, in conformance with the City-County Health Department, is proposed with the development on the property. STAFF ANALYSIS: The request meets the requirements for an exemption from the Wastewater Lot/Acreage fees per Section 8.5.2.G of the UDC. LIST OF SUPPORTING DOCUMENTS: Sanitary Sewer Connection Agreement Ordinance Presentation-WW Exemption STEPS Terminal, Block 1, Lot 1 2 Ordinance exempting lot 1, block 1, STEPS Terminal from payment of wastewater lot or acreage fees conditioned upon a Sanitary Sewer Connection Agreement WHEREAS, lot 1, block 1, STEPS Terminal located west of Manning Road and north of State Highway 44 is not currently served by the City wastewater system; and WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees, based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; and WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommends to the City Council that the development is not reasonably accessible to a public wastewater facility of sufficient capacity, and that the area is not likely to be served by the City wastewater services within the next fifteen (15) years, and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of Rangeland Products Terminals, LLC ("owner"), lot 1 , block 1 , STEPS Terminal is exempt from wastewater lot or acreage fees in the accordance with Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement. b. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. SECTION 3. The City Council authorizes the City Manager or designee to execute the Sanitary Sewer Connection Agreement on behalf of the City of Corpus Christi. A copy of the Agreement is on file in the Office of the City Secretary and incorporated herein to this Ordinance for all purposes. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@84121A56\@BCL@84121A56.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 20 by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 20 by the following vote. Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED this the day of ' 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@84121A56\@BCL@84121A56.doc SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Rangeland Products Terminals, LLC, 2150 Town Square Place, Ste. 700, Sugar Land, TX 77479, hereinafter called "Developer/Owner". WHEREAS, Developer/Owner, in compliance with the City's Unified Development Code, has submitted the plat for STEPS Terminal Block 1, Lot 1 , hereinafter called "Development,'' (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developer/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations. Sanitary Sewer Connection Agreement STEPS Terminal Block 1, Lot 1 Page 2 INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF STEPS TERMINAL BLOCK 1, LOT 1, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreement and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Sanitary Sewer Connection Agreement STEPS Terminal Block 1, Lot 1 Page 3 EXECUTED original, this midday of a,-`, l _' 2018. DEVELOPER/OWNER.- Rangeland EVELOPER/OWNER:Rangeland Products Terminals, LLC 2150 Town Square Place, Ste. 700 Sugar Land, TX 77479 Robert F. Singleton Senior Vice President STATE OF TEXAS § COUNTY OF 'ro r+ 5eiA § This instrument was acknowledged before me on this 23rd day of to o r 1 2018, by I obcrfi SIn4letop 00 Notary Public, State of Texas EPenny Pennington My Commission Expvos 03/05/2022ID No. 131474000 Sanitary Sewer Connection Agreement STEPS Terminal Block 1, Lot 1 Page 4 APPROVED: This day of , 2018 By: Nina Nixon-Mendez Director of Development Services City of Corpus Christi THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2018, by Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature APPROVED as to form: By: Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement STEPS Terminal Bloc t L! 1 Page 5 \� �|ƒ\ \- x « - a■,«= � . 11 2 51 In \}�!! 2 . / ; § p 2 - \ ® \ EXHIBI ! - PAGE! Sanitary Sewer Connection Agreement STEPS Terminal Block 1, Lot 1 Page 6 , Jas 7 i»oti E� W a ig a �gg �r a ffR S -- ,t Z'L99Z 3.9t,ZfAO S . 8. �SS _ 3 - -U 3� 99 m 7, 3 R R g ij A I \ n ,t9'SOZI 3.9l Ot90 5 .W-990t 3.f l,Z1.0O S I g1 o}.1 ry a Q 9# t O EXHIBIT I - PAGE 2 Wastewater Lot/Acreage Fee Exemption STEPS Terminal, Block 1, Lot 1 (8110 & 8510 Agnes St.) City Council Meeting May 22, 2018 Aerial Overview STEPS Terminal, Block 1,Lot 1 (178.75 Acres) i N m all ■IIIIIIII I• .'` ■®N >/ - E. ■ f. z Preliminary wastewater main layout aerial view ALPINE STREET Option A 2 LL I W J rc 0 w ® Ln STEPS Terminal, o a N Block 1, Lot 1 W U (178.75 Acres) ' Bark Street 1,600 LF '. Option B Closest manhole A1,NE55TREET 10.5 feet deep 4ANy 44 Wastewater Cost Estimates Option A Option B • Install line along Manning • Install line along Chickery St. Rd., Alpine St., and and Bark St. Clarkwood Rd. 0 Lift station • Lift station • Connecting to manhole on • Connecting to manhole on Clarkwood, SE of Clarkwood, SE of development development • Total Estimated Cost: • Total Estimated Cost: $2,742,683 $933,459 Exemption Requirements • Exemption from fees: UDC 8.5.2.G o exempted areas shall be those determined by the City Council "not likely to be serviced by City wastewater services within the next 15 yea rs" Staff Assessment • Request meets the requirements for an exemption from the Wastewater Lot/Acreage fee per UDC Section 8.5.2.G se O �A H v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 22, 2018 NCORPORpS ESecond Reading Ordinance for the City Council Meeting of June 12, 2018 1852 DATE: April 30, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Ordinance abandoning and vacating 0.0090 acre of an existing electrical easement out of Grange Park Unit 1, Lot 1A, located at 3801 Woodhouse Lane. CAPTION: Ordinance abandoning and vacating 0.0090 acre of an existing electrical easement out of Grange Park Unit 1, Lot 1A Block 1, located at 3801 Woodhouse. PURPOSE: The purpose of this ordinance is to close an electrical easement to allow for Grangefield Development, LLC., to build on the area the easement presently occupies. BACKGROUND AND FINDINGS: Grangefield Development, LLC. (Owner) is requesting the abandonment and vacation of a 0.0090 acre utility easement out of Grange Park Unit 1, Lot 1A Block 1, located at 3801 Woodhouse. This abandonment and vacation of the electrical easement is being requested by the owner for new construction. The existing electrical easement does not contain any electrical lines or any other utility lines running through it. The Owner has been in contact with AEP and has relocated the lines out of the existing electrical easement. There are no other utility conflicts with the proposed closing of this electrical easement. ALTERNATIVES: Denial of the proposed electrical easement closure. This will adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-13. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Project to Fiscal Year: 2017-2018 Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the easement closure. LIST OF SUPPORTING DOCUMENTS: Ordinance and Exhibits: Exhibit A— Metes & Bounds Exhibit B — Field Notes Certificate of Resolutions of Name of Entity Deed of Trust Presentation Ordinance abandoning and vacating 0.0090 acre of an existing electrical easement out of Grange Park Unit 1, Lot 1A, located at 3801 Woodhouse Lane and requiring the owner, Grangefield Development, LLC., to comply with the specified conditions WHEREAS, Grangefield Development, LLC. (Owner) is requesting the abandonment and vacation of 0.0090 acre of an existing electrical easement out of Grange Park Unit 1, Lot 1A Block 1, located at 3801 Woodhouse Lane; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.0090 acre of an existing utility easement, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Grangefield Development, LLC. (Owner), a 0.0090 acre of an existing electrical easement out Grange Park Unit 1 Subdivision, Lot 1A Block 1, located at 3801 Woodhouse Lane, as recorded in Volume 68, Page 910-911 of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit 'A" which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The maintenance responsibilities for the vacated easement reverts to Grangefield Development, LLC. (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith 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 Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor STATE OF TEXAS NUECES COUNTY EXHIBIT"A" Field Note Description for the closure of a 5 foot Electrical Easement being a 0.0090 of an acre (393 square feet) and being out of Lot 1A, Block 1, of the Grange Park Unit 1, as recorded in Volume 68, Page 910, Map Records of Nueces County Texas (M.R.N.C.T.),the said 5 foot wide Electrical Easement 0.0090 of an acre(393 square feet) being closed and vacated and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found in the south Right-of-Way(R.O.W.)of Slough Road for the north corner of the said Lot 1A, Block 1, Grange Park Unit 1 Re-plat, same point being the east corner of Lot 6, Block 11, Rancho Las Brisas Unit 1, as recorded in Volume 66, Page 129, M.R.N.C.T., as conveyed to Adrian Randolph & Betty Heath in Document No.#2008043787, O.P.R.N.C.T., from which the"POINT OF BEGINNING" bears South 28°40'00" West, 63.90 feet., along and with the common boundary of the said Lot 6, Block 11, Rancho Las Brisas Unit 1, and the said Lot 1A, BLOCK 1, Grange Park Unit 1 Re-plat,Thence South 61°20'00" East, departing the common boundary of the said Lot 6, Block 11, Rancho Las Brisas Unit 1, and the said Lot 1A, Block 1, Grange Park Unit 1 Re-plat, 5.00 feet to the"POINT OF BEGINNING"for the north corner of the herein described 5 foot wide Electrical Easement Closure; THENCE South 61°20'00" East, continuing across the said Lot 1A, Block 1, Grange Park Unit 1 Re- plat, a distance of 77.95 feet to a point inside the said Lot1A, Block 1, Grange Park Unit 1 Re- plat, for the east corner of the herein described 5 foot wide Electrical Easement Closure; THENCE South 12°59'27"West, continuing across the said Lot 1A, Block 1, Grange Park Unit 1, Re-plat, a distance of 5.19 feet to a point for the south corner of the herein described 5 foot wide Electrical Easement Closure; THENCE North 61°20'00"West, continuing across the said Lot 1, Block 1, Grange Park Unit 1 Re- plat, a distance of 79.36 feet, to a point on the common boundary of the said Lot 6, Block 11 Ranch Las Brisas Unit 1, and the said Lot 1A, Block 1, Grange Park Unit 1 Re-plat for the west corner of the herein described 5 foot wide Electrical Easement Closure; THENCE North 28°40'00" East, along and with the common boundary of the said Lot 6, Block 11, and the said Lot 1A, Block 1, Grange Park Unit 1 Re-plat, a distance of 5.00 to the "POINT OF BEGINNING"and containing within these metes& bounds 0.0090 of an acre(393 square feet) of land, more or less. (All bearings are based on The Texas State Plane Coordinate System, South Zone 4205, NAD 83). 1 hereby certify that the foregoing legal description was prepared from an on the ground survey performed on January 26, 2018, under my supervision and it correctly represents the facts found at the time of the survey. *Revised 03/09/2018. Xavier Sandoval � t` Registered Professional Land Surveyor License No. 5886 State of Texas ~ '� EXHIBIT"B" S U ANY M AND JOSEPH BARRORA, /N 0 �N (Qo�SN NQq� RANCHO US BRISAS UNIT I, V/fs LOT 5,BLOCK 11, J VOL 66,PG.129,M.R N.C.T., S DOC.N0.12009003237,O.P.RN.C.r. 67• \`\o ,O Ig4p6e ``• OF V S9 AJ'00 Ip 10[Qq 79' 97,M 0 GRANGEFIE2O DEVELOPMENT LLC., •-'1 S 61-20'00" E4'•'' LOT IA,BLOCK 1 GRANGE PARK % J 5.00' h i UNIT 1,VOL fib,PG.910,M.H.N.C.T. i 1 o N 28'40'00" E % z 5.00' 1 N O ADRIAN RARD BETTY HEAR RANCHO LAS BAISAS UNIT 1, LOT 629,NR., .L.6,Pill'1N.Or, NS 672pOp.OGC.NO.+2008043787,0P.R.N.Cr. T 67 2p pp ��95 i 7 J y a tk 6' GRANGEno-o DE4flOPNENr LLC., LOT IA,ROCK 1,GRANGE PARK / UNIT I VOL 68.PG.910,M.R N.C.T. j S 12-59'27" W 5.19' JACKIE HOMES LLC., , i LOT 3A R0a(1,GRANGE PARK UNIT 1, / VOL.68,PG.910,M.A.N.C.T., 1 DOC.NO.#2017041367,G.P.R.N.C.T. I/ 1' i 0 20 --4a-.-- so i� 1" = 20' / •-•C1 F 7" A�p�.��1.................. XAVIER SANDOVAL i <- a 5886 2p 9A,' Q SURJK ANwI I, XAVIER SANDOVAL, REGISTERED PROFESSIONAL LAND SURVEYOR OF TEXAS, DO HEREBY CERTIFY THAT THIS PLAT R ISTERED PROFESSIONAL LAND SURVEYOR REPRESENTS AN ON THE GROUND SURVEY, PERFORMED UNDER ENSE NO. 5886, STATE OF TEXAS MY SUPERVISION THIS THE 26TH DAY OF JANUARY, 2018. NOTES: • GRID BEARINGS ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM,NAD83,SOUTH ZONE 4205. 5' ELECTRICAL EASEMENT CLOSURE,0.0090 ACRES(393 SO. FEET), • O.P.R.N.C.T.=OFFICIAL PUBLIC RECORDS NUECES COUNTY,TEXAS. OUT OF LOT 1A, BLOCK 1,GRANGE PARK UNIT 1 REPLAT, • M.R.N.C.T. =MAP RECORDS NUECES COUNTY,TEXAS. VOL. 68,PG.910, M.R.N.C.T., • D.R.N.C.T. =DEED RECORDS NUECES COUNTY TEXAS. 3801 WOODHOUSE LANE, CORPUS CHRISTI,TX 78414 • PROPERTY CORNERS NOTED. I)B4mBI. D;\'1'Pi -V%7 T—N s • PL =DENOTES PROPERTY LINE. • P.O.B. ="POINT OF BEGINNING". SDS 01'2fi2018 • THE SUBJECT PROPERTY HAS ACCESS TO&FROM A PUBLIC ROADWAY. 1PPPIOVEIt DAlli: r ■ • THERE MAY BE ADDITIONAL ABOVE&BELOW GROUND IMPROVEMENTS WHICH MAY OR MAY NOT BE IN 'EEVIS&D CiI111TC\lillil �Ai1i11111! CONFLICT WITH BUILDING SETBACK&EASEMENT LINES NOT SHOWN OR UNKNOWN TO THE SURVEYOR. XDS 03131101,9 JURVLI11YU 1 APPI YU • THERE MAY BE EXISTING UTILITIES&PIPELINES NOT SHOWN ON PLAT.USE THE TEXAS ONE CALL SYSTEM TO LOCATE PIPELINES BEFORE PERFORMING EXCAVATIONS ON THIS PROPERTY SC9LL•: PBOJEC'I SO.: F-1 suRve2 N0. MAPPIKPc. P-1 Cl 210.718.7J 89 (http://texas811.org/). I„-t0' 1914M xavlera ,aN -I@gmai1.— • ALL RIGHTS RESERVED Oc UCC1-2.7. FIRM KEGISTRATION 101 94170 ✓. it i Easement Closure for Grange Park Unit 1 Subdivision, Lot 1A Block 1 (3801 Woodhouse) City Council Presentation May 22, 2018 `oaQus cy�.r i 4 i O a 4 - - s w r� Aerial Overview 'log — - Proposea 5, - _ - wide >>95 feet electrical easement )9 closure •3 6 feet Oo _ Staff Recommendations A Approval se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 22, 2018 Nc1852Ev Action Item for the City Council Meeting of June 12, 2018 DATE: May 3, 2018 TO: Keith Selman, Interim City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Authorize execution of an agreement with the United Corpus Christi Chamber of Commerce to support the South Texas Military Facilities Task Force CAPTION: Motion to authorize execution of an agreement with the United Corpus Christi Chamber of Commerce to support the operations, activities, and tasks of the South Texas Military Facilities Task Force during Fiscal Year 2018 not to exceed $75,000. PURPOSE: The agreement will give structure and direction to the Board of Directors, Executive Committee and staff of the South Texas Military Facilities Task Force for its dealings with the City of Corpus Christi. BACKGROUND AND FINDINGS: The City of Corpus Christi contributes $75,000 per year to the United Corpus Christi Chamber of Commerce (Chamber) for the operations, activities and tasks of the South Texas Military Facilities Task Force (Task Force). The Task Force is a committee of the Chamber whose purpose is to protect the military missions of Naval Air Station Corpus Christi, the Corpus Christi Army Depot and the various tenant commands at NASCC as well as the missions of the U.S. Coast Guard Sector Office, which recently moved to the Valent Building at the Corpus Christi International Airport. The City and Chamber/Task Force have never had an agreement outlining the responsibilities in consideration for the City's financial contribution. Other governmental partners, such as Nueces County and the Port of Corpus Christi have similar agreements. The agreement includes three requirements in Appendix A. 1. Requirement for the Task Force to revise its by-laws. The by-laws of the Task Force have not been updated since its inception and do not currently reflect the Page 1 of 2 makeup or operations of the Chamber and Task Force. 2. Requirement to adopt an annual budget. The Task Force has not previously formally adopted a budget detailing its revenues and expenditures. 3. Prohibit the Task Force from adopting policies, initiatives or actions in conflict with the Chamber or any member governmental units. This is a provision in the draft by-laws. The Task Force as a Chamber committee should not adopt positions or take actions in conflict with its parent organization and funding governmental partners, like the City, County, Port, or Regional Transportation Authority. In addition to basic operational responsibilities, the agreement requires the Task Force to provide semi-annual reports to the City detailing its activities of its performance and a detailed accounting of expenditure of City funds. On May 1 the City received its invoice for Fiscal Year 2018 (October 1, 2017 through September 30, 2018). Funding was appropriated to Intergovernmental Relations Department and is being processed for payment. ALTERNATIVES: 1. Do not approve the agreement. 2. Amend the agreement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal — City Attorney Finance Budget City Manager FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $111,996 $111,996 Encumbered / Expended Amount $29,574 $29,574 This item $75,000 $75,000 BALANCE $7,422 $7,422 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends adoption of the agreement. LIST OF SUPPORTING DOCUMENTS: Draft agreement Page 2 of 2 MEMORANDUM OF UNDERSTANDING UNITED CORPUS CHRISTI CHAMBER OF COMMERCE AND THE CITY OF CORPUS CHRISTI This agreement entered into of the date of its execution as set forth below by and between the United Corpus Christi Chamber of Commerce ("UCCC") for the South Texas Military Facilities Task Force ("STMFTF") and the City of Corpus Christi ("The City"). The UCCC is an organization founded for the promotion of businesses, creation and retention of jobs, and overall benefit of Corpus Christi, Texas, Nueces County and surrounding areas. The STMFTF is a committee of the UCCC focused on preserving, expanding and supporting military activities in South Texas. The City seeks to stimulate business and commercial activities in Corpus Christi, Nueces County, and the area. The UCCC via its STMFTF Committee will: 1.) Stimulate, encourage, develop business location and commercial activity including preparation and implementation of strategic plans for maximum utility of area military facilities and other community assets for military activities; 2.) Promote and advertise the area by in person presentations locally and in other areas for the benefit of Corpus Christi,Nueces County and surrounding areas; 3.) Undertake other activities to secure, protect, and expand local military bases and activities; 4.) Diligently utilize the resources of the UCCC and STMFTF to promote the cause of administration of the program above; and 5.) Submit reports semi-annually to The City detailing the activities of the STMFTF in performance of obligations pursuant to this agreement. UCCC shall include in its 1 report a detailed accounting of expenditures of the funds of The City and any measurable results obtained. As payment for these services, for FISCAL YEAR 2018 (October 1, 2017 through September 30, 2018), The City, subject to any additional conditions or requirements contained in Attachment A. agrees to provide $75,000. UCCC will cause this funding to be segregated from other funds used for the activities unrelated to STMFTF activities and the purposes of this agreement. This agreement will continue in force and effect until September 30, 2018.In the event the UCC terminates the program activities subject to this agreement prior to the expiration of this agreement, the balance of any remaining funds shall be returned to The City in the same proportional that The City funds bear to the total funds received or in possession of UCCC to conduct activities related to this agreement. WITNESS our hands on this day of , 2018. CITY OF CORPUS CHRISTI UNITED CORPUS CHRISTI CHAMBER OF COMMERCE BY: BY: NAME: CLEO RODRIQUEZ, JR. TITLE: President& CEO ATTEST: (if required) REVIEWED: STMFTF BY: BY: NAME/TITLE Joe Guzman, Director Approved as to form: (if required) BY: NAME/TITLE 2 ATTACHMENT A 1. The South Texas Military Facilities Task Force shall revise its by-laws to reflect current structure, operational conditions,policies, tasks, and activities. The by-laws will be required to be adopted by the United Corpus Christi Chamber of Commerce Board of Directors to be effective. 2. The South Texas Military Facilities Task Force shall adopt an annual budget detailing revenues and expenditures in accordance with the newly revised by-laws. 3. Policies adopted by the Task Force shall not conflict with policies, initiatives and other action adopted by the United Corpus Christi Chamber of Commerce or its member governmental units. 3 This Agreement shall take effect immediately upon its passage and shall continue in force and effect from the date hereof. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of , 2018 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guaj ardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith 4 CITY COUNCIL EXECUTIVE SUMMARY Council Priority STREET Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works - Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Date Agenda Category Le istar ID May 22, 2018 Resolution 18-0555 June 12, 2018 Agenda Title: Professional Services Contracts— Pre-design to 100% certain proposed Bond 2018 street projects PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: o Authorize execution of Contracts: ■ Freese and Nichols of Corpus Christi, Texas $ 823,700 ✓ Everhart Road from SPID to Holly Road ■ LNV, Inc. of Corpus Christi, Texas $ 792,940 ✓ Holly Road from Paul Jones to Rodd Field Road ■ Munoz Engineering of Corpus Christi, Texas $ 449,172 ✓Slough Road from Rodd Field Road to Dead End o For pre-design of three proposed Bond 2018 streets to 100% SUMMARY ➢ Bond 2018 Implementation Plan - Pre-design three streets to 100% ➢ Funding for Bond 2018 pre-design available in Bond 2014 unreserved funds, Fund No. 3551 o Bond 2014 pre-design funded through Certificates of Obligation o All but one Proposition 1 projects already bid o Sufficient funds in unreserved balance to complete all unfinished street projects ➢ Three AE Firms selected under Request for Qualifications (RFQ) No. 2018-01 PRIOR COUNCIL ACTION ➢ December 19, 2017 —Council approved professional services agreements for preliminary engineering and feasibility reports for proposed Bond 2018 FINANCIAL CONSIDERATIONS ➢ Funding in Bond 2014 Proposition 1 Unreserved balance ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Resolution ➢ Location Map ➢ Presentation ➢ Contracts 3 FUTURE ACTIONS ➢ Award professional services contracts for pre-design of six projects to 60% Project No.18095A SW/VP Rev.3—05/14/18 Item Details Legistar # 18-0555 Professional Services Contracts — Pre-Design to 100% certain proposed Bond 2018 street projects Council Meeting Dates: Item Being Considered: Future Item — May 22, 2018 Resolution Action Item - June 12, 2018 RECOMMENDATION: Authorize execution of Contracts for 100% pre-design to "shovel ready" of proposed Bond 2018 street projects as follows: • Freese and Nichols of $ 823,700 Everhart Road (SPID to Holly Rd.) Corpus Christi, Texas • LNV, Inc. of Corpus $ 792,940 Holly Road (Paul Jones Ave. to Rodd Field Rd.) Christi, Texas • Munoz Engineering of $ 449,172 Slough Road (Rodd Field Rd. to East to Dead End Corpus Christi, Texas TOTAL $2,065,812 SUMMARY: On August 15, 2017 City Council approved Resolution 031216 moving forward with a 2018 Bond Program including an Implementation Plan that identified pre-designing three (3) street projects to 100% (100% Designed") and six (6) projects to 60% ("60% Designed") prior to the November 2018 election. The contracts with this Item are for pre-design to "shovel ready" in accordance with the Implementation Plan. These streets, all Proposition 1, are: 1. Everhart Road from South Padre Island Drive to Holly Road 2. Slough Road from Rodd Field Road to East to Dead End 3. Holly Road from Paul Jones Avenue to Rodd Field Road Staff has identified funds in the Bond 2014 Street Fund (No. 3551) Reserves that are available to fund the Bond 2018 pre-design work. These funds are available due to pre-design of Bond 2014 projects funded via Certificates of Obligation. All but one of the Bond 2014 Proposition 1 projects have been bid and sufficient funds remain to complete all unfinished street projects. The $5 Million estimated cost of Bond 2018 pre-design work will be appropriated and the FY2018 operational/CIP budget amended appropriately with approval of this Ordinance. Freese and Nichols, LNV, and Munoz Engineering were selected for these projects under Request for Qualifications (RFQ) No. 2018-01. PREVIOUS COUNCIL / BOARD ACTIONS: December 19, 2017—Council approved professional service agreements for preliminary engineering and feasibility reports for proposed Bond 2018. Project No. 18095A 1 SW/VP Rev.2—05/14/18 Resolution supporting the use and commitment of necessary funding of $5 million in remaining Bond 2014, Proposition One Proceeds and authorization to execute Professional Services Contracts with Freese and Nichols of Corpus Christi, Texas in the amount of$823,700 for Everhart Road from SPID to Holly Road; LNV, Inc. of Corpus Christi, Texas in the amount of $792,940 for Holly Road from Paul Jones to Rodd Field Road; Munoz Engineering of Corpus Christi, Texas in the amount of$449,172 for Slough Road from Rodd Field Road to Dead End. WHEREAS, City Council approved Ordinance No. 030144 on March 25, 2014, to sell $8,000,000 in tax notes to fund the predesign of the Bond 2014, Proposition One projects; WHEREAS, Bond 2014, Proposition One was approved by voters in November 2014; WHEREAS, all of the Bond 2014, Proposition One projects are under contract except for Morgan Avenue, Staples to Ocean, which is being coordinated with Spohn Hospital construction; WHEREAS, funds to complete all Bond 2014, Proposition One projects have been identified; WHEREAS, $5 million of funding from Bond 2014, Proposition One is available to fund the Bond 2018 Implementation Plan approved by City Council in Resolution 031216 on August 15, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council supports the use and commitment of$5 million in remaining Bond 2014, Proposition One proceeds to fund the predesign of Bond 2018, Proposition One projects. SECTION 2. The City Manager or designee is authorized to execute a Professional Services Contract with Freese and Nichols of Corpus Christi, Texas in the amount of$823,700 for Everhart Road from SPID to Holly Road; LNV, Inc. of Corpus Christi, Texas in the amount of $792,940 for Holly Road from Paul Jones to Rodd Field Road; Munoz Engineering of Corpus Christi, Texas in the amount of $449,172 for Slough Road from Rodd Field Road to Dead End. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of , 2018 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 18014A Everhart Road from SPID to Holly Road (Bond 2018) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Freese and Nichols, a Texas corporation, 800 N. Shoreline Boulevard, Suite 1600N, Corpus Christi, Nueces County, Texas 78401 , (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL-----------------------------------------------------------------------3 ARTICLE III COMPENSATION----------------------------------------------------------------------------3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ----------------------------------------------------------------------5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES -----------------------------------------------------------------------7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Page 1 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18014A EVERHART ROAD FROM SPID TO HOLLY BOND 2018,PROP 1\CONSULTANT CONTRACT\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,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 31d party owners/operators. Page 2 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18014A EVERHART ROAD FROM SPID TO HOLLY BOND 2018,PROP 1\CONSULTANT CONTRACT\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 $823,700. 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 56--lb-mot a Rate Cnhead- toy0ith 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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18014A EVERHART ROAD FROM SPID TO HOLLY BOND 2018,PROP 1\CONSULTANT CONTRACT\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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18014A EVERHART ROAD FROM SPID TO HOLLY BOND 2018,PROP 1\CONSULTANT CONTRACT\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 familiarwith 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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18014A EVERHART ROAD FROM SPID TO HOLLY BOND 2018,PROP 1\CONSULTANT CONTRACT\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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18014A EVERHART ROAD FROM SPID TO HOLLY BOND 2018,PROP 1\CONSULTANT CONTRACT\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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18014A EVERHART ROAD FROM SPID TO HOLLY BOND 2018,PROP 1\CONSULTANT CONTRACT\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 diligently with performance of the Agreement, and City shall continue to make payments in accordance with Page 8 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18014A EVERHART ROAD FROM SPID TO HOLLY BOND 2018,PROP 1\CONSULTANT CONTRACT\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC 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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18014A EVERHART ROAD FROM SPID TO HOLLY BOND 2018,PROP 1\CONSULTANT CONTRACT\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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18014A EVERHART ROAD FROM SPID TO HOLLY BOND 2018,PROP 1\CONSULTANT CONTRACT\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.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 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. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 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 FRE SE AN ICHOLS, INC. May 2, 2018 Jeff H. Edmonds, P. E., Date Ron Kuzma , P. Date Director of Engineering Services Principal 800 N. Shoreline Blvd., Suite 160ON Corpus Christi, TX 78401 APPROVED AS TO LEGAL FORM (361) 561-6500 Office (361) 561-6501 Fax rg@freese.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18014A EVERHART ROAD FROM SPID TO HOLLY BOND 2018,PROP 1\CONSULTANT CONTRACT\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC Project Everhart Road from SPID to Holly Road (Bond 2018) (Project No. 18014A) Accounting Unit 3551-051 Account 550950 Activity 18095-A-3551-EXP Account Category 50950 Fund Name ST2015 GO BD 14 Page 12 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18014A EVERHART ROAD FROM SPID TO HOLLY BOND 2018,PROP 1\CONSULTANT CONTRACT\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC FREESE Innovative approaches Practical results rm?'MICHOLS Outstanding 800 N.Shoreline Blvd.,Suite 1600N • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com May 1, 2018 Mr.Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469-9277 Re: Professional Services for the design of Everhart Road—SPID to Holly Road City Project No. 18014A Freese and Nichols Professional Design Services Proposal Dear Mr. Edmonds, Freese and Nichols, Inc. (FNI) is pleased to provide our Engineering Services proposal for Everhart Road— SPID to Holly Road (City Project No. 18014A). Our staff participated in the City's RFQ No. 2018-01 Project Kickoff Meeting on April 19, 2018 and we understand the Everhart Road—SPID to Holly Road project scope may include, but not be limited to the following activities: Basic Services: Preliminary Phase. The Arch itect/Enginee r-A/E (also referred to as Consultant)will: a) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. b) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. C) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. e) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life-cycle cost analysis with recommended pavement sections using FHWA Life Cycle Cost Analysis of Pavements software. f) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. g) Prepare preliminary opinions of probable construction costs for the recommended improvements. h) Develop drainage area boundary map for existing and proposed drainage areas served. i) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. EXHIBIT "A" Page 1 of 12 j) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. k) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. 1) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as TxDOT, RTA, USPS, Corpus Christi Independent School District community groups, and TDLR. m) Identify and recommend public outreach and community stakeholder requirements. n) Prepare an Engineering Letter Report (20 — 25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text,tables,schematic-level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors,sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches,construction sequencing,alignment,cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as TxDOT, RTA, USPS, CCISD, community groups,TDLR. 5. Provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. o) Submit one(1)copy in an approved electronic format,and one(1) paper copy of the Draft Engineering Letter Report. P) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. q) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) Final Engineering Letter Report(ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. r) Assist City in presenting summary of ELR findings to City-appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. EXHIBIT"A" Page 2 of 12 c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. g) Provide all required data for FHWA Life Cycle Analysis Project Assumptions: 1. All necessary geotechnical services and pavement design options will be provided by the City. During the preliminary design phase, the City will provide the geotechnical report. FNI will provide a recommended scope of geotechnical needs and boring locations. 2. All necessary subsurface utility engineering (SUE) services will be provided by the City. FNI will provide the City a recommended scope of SUE services and pothole locations. 3. The City will provide Televising of Utility Lines for all applicable storm water and wastewater utility lines that will be incorporated and/or replaced as part of the project. FNI will provide the City with a recommended scope of utility lines that should be televised. 4. The City will provide all traffic counts and peak hour turning movement counts necessary for the project design. FNI will provide the City with recommendations for this scope of work. 5. The intersection of SPID and Everhart is located in TxDOT Right-of Way and will not be designed, modified, or included in the permanent improvements for this project. It is assumed that any future TxDOT construction or modifications of this intersection will not impact the design and schedule for this project. 6. The improvements to be constructed by the City on Corona Drive and its intersection with Everhart Road will not conflict or impact the design and schedule of the project. City will provide FNI with all record drawings related to this project. 7. The City will perform all public outreach including scheduling and coordinating the agenda and presentation material for all public meetings. The City will prepare and mail out notices for the meetings to the affected stakeholders. FNI will participate in two (2) public meetings and provide exhibits. The City will provide all public outreach and citizen/stakeholder coordination during the design and construction of the project including one-on-one stakeholder meetings. 8. Detailed street lighting design including lighting distribution and photometric analysis of Everhart Road is not included in this scope of work. FNI will assist the City in developing recommendations for the street lighting to be consistent with the future City Street Lighting Policy that has not yet been adopted. The City staff will: 1. Designate an individual to have responsibility, authority, and control for coordinating activities for the project. 2. Provide the budget for the Project specifying the funds available for the construction contract. 3. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 4. Provide electronic index and database of City's record drawing and record information. 5. Provide requested record drawings, record information in electronic format as available from City Engineering files. 6. Provide a copy of existing studies and plans. (as available from City Engineering files). 7. Provide field location of existing city utilities. (A/E to coordinate with City Operating Department) 8. Provide applicable Master Plans and GIS mapping are available on the City's website. 9. City Control survey bench marks and coordinates. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: EXHIBIT"A" Page 3 of 12 a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water, and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 22"x 34" plan sheets that can be reduced to 11"x 17". 1. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a"Plan Executive Summary"which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copies using City Standards as applicable)for City's final review. h) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copies using City Standards as applicable)suitable for reproduction.Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City)will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. i) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract)if,in the opinion of the City Engineer or designee,Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. j) Anticipated Drawing Register for the Everhart Road (SPID to Holly Road) is as follows: • Title Sheet • Drawing Index/ Drawing Legend • General Notes 01 • General Notes 02 • Base Bid 1 Concrete Pavement Quantities Summary • Base Bid 2 HMAC Pavement Quantities Summary • Existing and Proposed Concrete Cross Sections Sta. 5+00 • Existing and Proposed Concrete Cross Sections Sta. 12+00 • Existing and Proposed Concrete Cross Sections Sta. 21+00 EXHIBIT"A" Page 4 of 12 • Existing and Proposed Concrete Cross Sections Sta. 35+00 • Existing and Proposed HMAC Cross Sections Sta. 5+00 • Existing and Proposed HMAC Cross Sections Sta. 12+00 • Existing and Proposed HMAC Cross Sections Sta. 21+00 • Existing and Proposed HMAC Cross Sections Sta. 35+00 • Project Location Map and Alignment Layout • Existing Topo Plan Sta 0+00 to Sta 4+80 • Existing Topo Plan Sta 4+80 to Sta 9+60 • Existing Topo Plan Sta 9+60 to Sta 14+40 • Existing Topo Plan Sta 14+40 to Sta 19+20 • Existing Topo Plan Sta 19+20 to Sta 24+00 • Existing Topo Plan Sta 24+00 to Sta 28+80 • Existing Topo Plan Sta 28+80 to Sta 33+60 • Existing Topo Plan Sta 33+60 to End • Project Control Points 01 • Project Control Points 02 • Storm Water Drainage Areas • Proposed Storm Water Analysis • Demolition/Removal Summary • Existing Waterline Basemap • Existing Wastewater Basemap • Existing Storm Water Basemap • Existing Gas line Basemap • Street and Storm Water P&P Sta 0+00 to Sta 4+80 • Street and Storm Water P&P Sta 4+80 to Sta 9+60 • Street and Storm Water P&P Sta 9+60 to Sta 14+40 • Street and Storm Water P&P Sta 14+40 to Sta 19+20 • Street and Storm Water P&P Sta 19+20 to Sta 24+00 • Street and Storm Water P&P Sta 24+00 to Sta 28+80 • Street and Storm Water P&P Sta 28+80 to Sta 33+60 • Street and Storm Water P&P Sta 33+60 to End • Storm Water Profiles 01 • Storm Water Profiles 02 • Storm Water Profiles 03 • Storm Water Profiles 04 • Everhart/Holly Intersection Plan • Everhart/Cain Intersection Plan • Everhart/Cobblestone Intersection Plan • Everhart/Coventry Intersection Plan • Everhart/Bonner Intersection Plan • Everhart/Curtis Clark Intersection Plan • Everhart/SPID Intersection Plan • Curb Ramp Details 01 • Curb Ramp Details 02 • Bus Stop Shelter Pad Plans • Bus Stop Shelter Pad Details • Misc. HMAC Pavement Details • Continuously Reinforced Concrete Pavement Section and Details EXHIBIT"A" Page 5 of 12 • Continuously Reinforced Concrete Pavement 01 • Continuously Reinforced Concrete Pavement 02 • Jointed Concrete Pavement Layout Details • Storm Water Misc Details 01 • Storm Water Misc Details 02 • Storm Water Misc Details 03 • Water/Waste Water/Gas P&P Sta 0+00 to Sta 4+80 • Water/Waste Water/Gas P&P Sta 4+80 to Sta 9+60 • Water/Waste Water/Gas P&P Sta 9+60 to Sta 14+40 • Water/Waste Water/Gas P&P Sta 14+40 to Sta 19+20 • Water/Waste Water/Gas P&P Sta 19+20 to Sta 24+00 • Water/Waste Water/Gas P&P Sta 24+00 to Sta 28+80 • Water/Waste Water/Gas P&P Sta 28+80 to Sta 33+60 • Water/Waste Water/Gas P&P Sta 33+60 to End • Waterline Laterals 01 • Waterline Laterals 02 • Wastewater Tie-in Details 01 • Wastewater Tie-in Details 02 • Water,Wastewater and Gas Details • Conduit Layout Plan Sta 0+00 to Sta. 14+50 • Conduit Layout Plan Sta 14+50 to Sta. 29+00 • Conduit Layout Plan Sta. 29+00 to End • Striping Plan Sta 0+00 to Sta 14+50 • Striping Plan Sta 14+50 to Sta 29+00 • Striping Plan Sat 29+00 to End • Signage Plan Sta 0+00 to Sta 14+50 • Signage Plan Sta 14+50 to Sta 29+00 • Signage Plan Sat 29+00 to End • Typical Standard Pavement Markings Plan • Position Guidance using Raised Markers Plan • Pavement Markings for Two -Way Street Plan • Standard Pavement Markings Arrows and Words • Crosswalk Pavement Marking Details • Sign Mounting Details Slipbase System • End of Road Barricade,Traffic Sign Assembly • Storm Water Pollution Prevention Plan Sta 0+00 to Sta 14+50 • Storm Water Pollution Prevention Plan Sta 14+50 to Sta 29+00 • Storm Water Pollution Prevention Plan Sta 29+00 to End • SW3P Plan Notes • SW3P Permit issues and Comments (EPIC) • SW3P Details • Curb, Gutter and Sidewalk Standard Details • City of CC Pedestrian Curb Ramp Details#1-4 • City of CC Driveway Standard Details#1-3 • Concrete Pavement Details • City of CC Storm Water Standard Details#1-3 • City of CC Water Standard Details#1-4 • City of CC Wastewater Standard Details#1-3 EXHIBIT"A" Page 6 of 12 k) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. 1) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR)for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format,forthe Engineering Services'approval,any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. f) Prepare PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue(with the assistance of the A/E)any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review, and provide copies of the contract for execution between the City and the contractor. Construction Administration Phase. The A/E will perform construction administration activities on a time and materials basis in accordance with Attachment CO to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. EXHIBIT"A" Page 7 of 12 C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make site visits (4 hours/month—14-month duration)to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized bythe City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later)within two (2) months of final acceptance of the project.All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. Additional Services: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) TxDOT utility and environmental permits, multiple use agreements b) NPDES Permit/Amendments (including SSC, NOI NOT) C) Texas Department of Licensing and Regulation (TDLR) 2. Topographic Survey. All work must be tied to and conform with the City's Global Positioning System (GPS)control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied—i.e.—the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. EXHIBIT"A" Page 8 of 12 f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water, and gas lines as well as any other lines owned by third-parties and locate all visible utilities,wells, and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering(SUE) shall be provided by the City's SUE consultant. i) Locate improvements within the apparent ROW. j) Obtain finished floor elevations of buildings that are immediately adjacent to the Everhart Road Right-of-Way. k) Locate and identify trees, at least five inches in diameter within the apparent ROW. 1) Generate electronic planimetric base map for use in project design. 3. Right-of-Way Acquisition Survey. (TO BE AUTHORIZED) All work must comply with Category 1- A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. C) Provide a preliminary base map containing apparent ROW,which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. 4. Environmental Issues. (NOT AUTHORIZED) To Be Determined 5. Public Meetings. (AUTHORIZED) Participate in two (2) public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare required exhibits for meetings. The City will schedule and coordinate the agenda and presentation material for the public meetings and prepare and mail out all notices for the meetings to the affected stakeholders. The City will schedule and coordinate the agenda and presentation material for the public meetings. The City will provide all public outreach and citizen/stakeholder coordination during the design and construction of the project including one-on-one stakeholder meetings. 6. Construction Observation Services.(NOT AUTHORIZED) To Be Determined 7. Traffic Control. (TO BE AUTHORIZED) Provide traffic control design to allow for construction of all proposed improvements. Consultant shall provide for the design of advanced warning signage, EXHIBIT"A" Page 9 of 12 traffic control phases and associated details for the implementation of all planned traffic control measures. The Traffic Control Plan will include construction sequencing, typical cross section, construction phasing sheets, warning and barricades, as well as standard sheets for barricades, traffic control plan, work zone pavement markings and signage. Anticipated Drawing Register for the Traffic Control design is as follows: • Traffic Control Advanced Warning Signage 01 • Traffic Control Advanced Warning Signage 02 • Traffic Control Advanced Warning Signage 03 • Construction Sequencing Layout • Sequence of Construction and General Notes • Traffic Control Sections 01 • Traffic Control Sections 02 • Traffic Control Phase 1 Sheet 01 • Traffic Control Phase 1 Sheet 02 • Traffic Control Phase 1 Sheet 03 • Traffic Control Phase 1 Sheet 04 • Traffic Control Phase 1 Temp Detour Plan 01 • Traffic Control Phase 1 Temp Detour Plan 02 • Traffic Control Phase 2 Sheet 01 • Traffic Control Phase 2 Sheet 02 • Traffic Control Phase 2 Sheet 03 • Traffic Control Phase 2 Sheet 04 • Traffic Control Phase 2 Temp Detour Plan 01 • Traffic Control Phase 2 Temp Detour Plan 02 • Traffic Control Phase 3 Sheet 01 • Traffic Control Phase 3 Sheet 02 • Traffic Control Phase 3 Sheet 03 • Traffic Control Phase 3 Sheet 04 • Traffic Control Phase 3 Temp Detour Plan 01 • Traffic Control Phase 3 Temp Detour Plan 02 • Traffic Control Phase 4 Sheet 01 • Traffic Control Phase 4 Sheet 02 • Traffic Control Phase 4 Sheet 03 • Traffic Control Phase 4 Sheet 04 • Traffic Control Phase 4 Temp Detour Plan 01 • Traffic Control Phase 4 Temp Detour Plan 02 • Traffic Control Phase 5 Sheet 01 • Traffic Control Phase 5 Sheet 02 • Traffic Control Phase 5 Sheet 03 • Traffic Control Phase 5 Sheet 04 • Traffic Control Phase 5 Temp Detour Plan 01 • Traffic Control Phase 5 Temp Detour Plan 02 • Traffic Control Phase 6 Sheet 01 • Traffic Control Phase 6 Sheet 02 • Traffic Control Phase 6 Sheet 03 • Traffic Control Phase 6 Sheet 04 • Traffic Control Phase 6 Temp Detour Plan 01 EXHIBIT"A" Page 10 of 12 • Traffic Control Phase 6 Temp Detour Plan 02 • Barricade and Construction Sheets#1-19 8. Signalization Improvements. Prepare signalization plans, specifications and estimate for the traffic signal and pedestrian signal improvements at: • Everhart Road at Bonner Road • Everhart Road at Holly Road Develop design elements using City of Corpus Christi design criteria in TxDOT format and standards. Note: The existing traffic signal at the intersection of Everhart Road and Corona Drive is scheduled to be fully replaced as part of the Corona Drive improvements Bond 2014 project and is not included in this scope. Prepare the timing and synchronization of the City maintained traffic signals on Everhart Road extending from SPID to Holly Road (Note: Everhart/SPID is a TxDOT controlled signal). FNI will provide optimized signal timings and synchronization to provide the City's contractor for programming into each signal. The signalized intersections will be coordinated for better traffic flows via the City's traffic network. The City will provide all traffic count data and required turning movement counts for AM/PM peak hour traffic flow. FNI will develop a traffic model using Synchro modeling software. One follow-up site visit will be conducted to recommend any timing adjustments that are needed. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. PROJECT SCHEDULE Date Activity June 2018 NTP August 2018 Draft ELR submittal August 2018 City ELR Review September 2018 Final ELR submittal September 2018 60% Design Submittal September 2018 City Review November 2018 100% Final Submittal January 2019 Advertise for Bids February 2019 Pre-Bid Conference March 2019 Receive Bids April 2019 Contract Award May 2019 Begin Construction September 2020 Complete Construction EXHIBIT"A" Page 11 of 12 If FNI's services are delayed through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation and FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. Freese and Nichols, Inc. proposes to perform the scope of services listed above for the lump-sum fee of $823,700 as shown in the table below: Basic Services Fees 1. Preliminary Phase $106,851 2. Design Phase $387,114 3. Bid Phase $17,770 4. Construction Administration Phase (Time and Materials) $50,000 Subtotal Basic Services Fees $561,735 Additional Services Fees(Allowance) 1. Permit Preparation (AUTHORIZED) $12,527 2.Topographic Survey(AUTHORIZED) $53,763 3. ROW Acquisition Survey(TO BE AUTHORIZED) $17,315 4. Environmental Issues (NOT AUTHORIZED) To Be Determined 5. Public Meetings (AUTHORIZED) $15,874 6. Construction Observation Services (NOT AUTHORIZED) To Be Determined 7.Traffic Control (TO BE AUTHORIZED) $98,507 8. Signalization Improvements (AUTHORIZED) $57,096 9. Warranty Phase (AUTHORIZED) $6,883 Sub-Total Additional Services Fees $261,965 Total Authorized Fee $823,700 We look forward to working with your team on this project. Please feel free to contact me at 361.561.6500 if you have any questions. Respectfully, Freese and Nichols, Inc. Ron Guzman, P.E. Vice President/Principal Attachments EXHIBIT"A" Page 12 of 12 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME Payment Request Rev5edp7r27too Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amid No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $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 Contract for Professional Services Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5)calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services EXHIBIT D Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology.......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work ....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22—Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26—Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29—Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from Form 00 72 00 General Conditions- 1 Rev 18-2 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from Form 00 72 00 General Conditions-2 Rev 18-2 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from Form 00 72 00 General Conditions-3 Rev 18-2 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from Form 00 72 00 General Conditions-4 Rev 18-2 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner -The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from Form 00 72 00 General Conditions-5 Rev 18-2 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from Form 00 72 00 General Conditions-6 Rev 18-2 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work- Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from Form 00 72 00 General Conditions-7 Rev 18-2 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from Form 00 72 00 General Conditions-8 Rev 18-2 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from Form 00 72 00 General Conditions-9 Rev 18-2 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from Form 00 72 00 General Conditions- 10 Rev 18-2 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from Form 00 72 00 General Conditions- 11 Rev 18-2 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04,if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from Form 00 72 00 General Conditions- 12 Rev 18-2 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from Form 00 72 00 General Conditions- 13 Rev 18-2 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from Form 00 72 00 General Conditions- 14 Rev 18-2 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from Form 00 72 00 General Conditions- 15 Rev 18-2 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. S. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from Form 00 72 00 General Conditions- 16 Rev 18-2 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions- 17 Rev 18-2 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from Form 00 72 00 General Conditions- 18 Rev 18-2 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from Form 00 72 00 General Conditions- 19 Rev 18-2 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from Form 00 72 00 General Conditions-20 Rev 18-2 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from Form 00 72 00 General Conditions-21 Rev 18-2 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions-22 Rev 18-2 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 18021A Holly Road from Paul Jones to Rodd Field Road (Bond 2018) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director)and LNV, Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18021A HOLLY ROAD FROM PAUL JONES TO RODD FIELD BOND 2018,PROP1\CONSULTANT CONTRACT\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,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 31d party owners/operators. Page 2 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18021A HOLLY ROAD FROM PAUL JONES TO RODD FIELD BOND 2018,PROP1\CONSULTANT CONTRACT\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 $792,940. 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 Cnhead- to vnn4h 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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18021A HOLLY ROAD FROM PAUL JONES TO RODD FIELD BOND 2018,PROP1\CONSULTANT CONTRACT\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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18021A HOLLY ROAD FROM PAUL JONES TO RODD FIELD BOND 2018,PROP1\CONSULTANT CONTRACT\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 familiarwith 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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18021A HOLLY ROAD FROM PAUL JONES TO RODD FIELD BOND 2018,PROP1\CONSULTANT CONTRACT\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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18021A HOLLY ROAD FROM PAUL JONES TO RODD FIELD BOND 2018,PROP1\CONSULTANT CONTRACT\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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18021A HOLLY ROAD FROM PAUL JONES TO RODD FIELD BOND 2018,PROP1\CONSULTANT CONTRACT\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 diligently with performance of the Agreement, and City shall continue to make payments in accordance with Page 8 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18021A HOLLY ROAD FROM PAUL JONES TO RODD FIELD BOND 2018,PROP1\CONSULTANT CONTRACT\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC 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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18021A HOLLY ROAD FROM PAUL JONES TO RODD FIELD BOND 2018,PROP1\CONSULTANT CONTRACT\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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18021A HOLLY ROAD FROM PAUL JONES TO RODD FIELD BOND 2018,PROP1\CONSULTANT CONTRACT\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.com/govern ment/city-secretary/conflict-disclosure/index. 13.11 BoycottIsrael. As required by Chapter 2270,Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 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. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 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 LNV, 1 5Is`1S Jeff H. Edmonds, P. E., Date n cker, P. E. Date Director of Engineering Services President 801 Navigation, Suite 300 Corpus Christi, TX 78408 APPROVED AS TO LEGAL FORM (361) 883-1984 Office (361) 883-1986 Fax danl@lnvinc.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev.18-1 K\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18021A HOLLY ROAD FROM PAUL JONES TO RODD FIELD BOND 2018.PROP1\CONSULTANT CONTRACT\2018-0126 CONTRACT PROFESSIONAL SERVICES DOC Project Holly Road from Paul Jones to Rodd Field Road (Bond 2018) (Project No. 18021 A) Accounting Unit 3551-051 Account 550950 Activity 18095-A-3551-EXP Account Category 50950 Fund Name ST2015 GO BD 14 Page 12 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18021A HOLLY ROAD FROM PAUL JONES TO RODD FIELD BOND 2018,PROP1\CONSULTANT CONTRACT\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS HOLLY ROAD IMPROVEMENTS (PAUL JONES TO RODD FIELD ROAD) PROJECT NO. 18021A I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Arch itect/E ngi neer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. C) Provide required scope of services for City's geotechnical and SUE consultants. d) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations, replacements, or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section and recommendations for a 30-year pavement section. g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities that must be relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.), community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20—25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: EXHIBIT A Pagel of 8 1. Provide a concise presentation of pertinent factors, sketches, designs, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, conformance to master plans, identification of needed additional services, identification of needed permits and environmental considerations, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Provide results of analysis of government agencies having jurisdiction to approve design of the Project. 5. Provide ROW parcels for acquisition, if required. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Submit computer model file, results and calculations used to analyze drainage. r) Conduct project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. S) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. C) The preliminary budget, specifying the funds available for construction. d) A copy of existing studies and plans (as available from City Engineering files). e) Field location of existing city utilities (A/E to coordinate with City Operating Department). f) Applicable Master Plans and GIS mapping are available on the City's website. g) City Control survey bench marks and coordinates. h) Preliminary traffic impact assessment. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/v for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities that must be relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, ^�.a+or.;;Ad- ,^,aste ater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. NOTE: DESIGN OF EXHIBIT A Page 2 of 8 WATER, WASTEWATER AND GAS IMPROVEMENTS IS NOT INCLUDED IN THE BASIC SERVICES SCOPE OF THIS CONTRACT. MODIFICATIONS TO THESE SYSTEMS WILL BE LIMITED TO VALVE BOX AND MANHOLE RIM ADJUSTMENTS ONLY. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare detailed Traffic Control Plans to include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as, standard sheets for barricades, traffic control plan, work zone pavement markings and signage (to be included under additional services). 2. Provide Storm Water Pollution Prevention Plan, including construction drawings (to be included under additional services). e) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a Plan Executive Summary, project checklist & drawing checklist which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre-final plans and bid documents (100% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. h) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. i) Assimilate all final review comments and upon approval by the Executive Director of Public Works, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. D Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards. EXHIBIT A Page 3 of 8 k) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. f) Assist in the preparation of Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The AE will, upon receipt of written requests from City staff, perform Construction Administration services on a Time and Materials basis within the limits of the budget established in Section III. Fees below. Construction Administration services are anticipated to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. EXHIBIT A Page 4 of 8 d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. g) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CAD drawn using DWG format in AutoCAD, and graphics data will be in DXF format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction phase. b) Prepare applications/estimates for payments to contractor. C) Prepare change orders. d) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E shall, with written authorization by the Executive Director of Public Works, perform the following: 1. TDLR Review and Registration: Provide registration and review of the accessible elements of the Project by a Registered Accessibility Specialist (RAS). At the completion of construction, the RAS will inspect the accessible elements to ensure compliance with the approved plans and specifications. 2. Right-of-way (ROW) Survey: Perform field survey of Project Limits and identify the existing ROW through location of existing, visible monumentation in the field. ROW acquisition is not anticipated as necessary for this Project and preparation of parcel maps for acquisition is not included in the Scope of Services of this Contract. 3. Topographic Survey: All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of professional Surveyors' "Manual of Practice for Land Surveying in the State of Texas, Ninth Edition". Topographic survey will include the following EXHIBIT A Page 5 of 8 a. Reference to a minimum of two (2) found boundary monuments from the Project area. b. Establish horizontal and vertical control. c. Horizontal control will be based upon NAD 83 State plan coordinates(South Zone), and the data will have no adjustment factor applied (i.e. the coordinate data will remain in grid). d. Vertical control will be based upon NAVD 88. e. Set project control points for horizontal and vertical control outside the limits of project construction disturbance. f. All control work will be established using conventional (non-GPS) methods. g. Locate all surface improvements with the Project Limits including trees. h. Perform cross-sections of the existing roadway at appropriate intervals necessary to establish the existing profile of the roadway and existing ROW lines. i. Determine flowlines and incoming pipe sizes and materials for storm water and wastewater manholes. j. Locate soil/pavement core holes as drilled by the City's Geotechnical Consultant. k. Generate electronic planimetric base map for use in Project design. 4. Hazardous Materials: Identify and develop a scope of work for any testing, handling, and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Design Water System Improvements: Design new water system improvements and upgrades to existing water infrastructure as directed by the Utility Department and authorized by Engineering Services. 6. Design Wastewater System Upgrades: Design upgrades to existing wastewater infrastructure as directed by the Utility Department and authorized by Engineering Services. 7. Public Involvement: Participate in two (2) public meetings. One (1) public meeting shall be held after submittal of the Final Engineering Letter Report and one (1) public meeting shall be held prior to start of Project construction. Assist in the preparation of PowerPoint presentations and handouts. Prepare meeting exhibits. Provide follow-up responses to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. 8. Detailed Traffic Control Plans: Prepare detailed Traffic Control Plans to include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as, standard sheets for barricades, traffic control plan, work zone pavement markings and signage. 9. Stormwater Pollution Prevention Plan: Prepare Stormwater Pollution Prevention Plan (SWPPP)for the Project. A copy of the SWPPP will be provided to the City and the Contractor and the pre-Construction meeting. The SWPPP will include blank inspection forms and SWPPP documents that must be completed by the Contractor as specified in the SWPPP and copies of said documents must be provided by the Contractor to the City to maintain the City's copy. The SWPPP will include a blank Notice of Intent (NOI) for the City to execute and submit to the Texas Commission on Environmental Quality (TCEQ). 10. Traffic Signal Design at Rodd Field Road: AE will design new traffic signal improvements at the intersection of Holly Road and Rodd Field Road to accommodate the new configuration of Holly Road and to upgrade any old traffic signal infrastructure. The AE will coordinate with EXHIBIT A Page 6 of 8 the Traffic Engineering Department to ensure designs are in accordance with current City standards. 11. Street Light Design: AE will design street light improvements within Project limits in accordance with City policies. The AE will coordinate with City Traffic Engineering and AEP for location and type of streetlighting to be used. 12. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activit Receipt of Executed Contract and NTP Commence Field Surveys (6-4-18) 3 Weeks after NTP Begin Preliminary Designs 6-25-18 7 Weeks after NTP Draft ELR submittal (7-20-18) 2 Weeks City Review 2 Weeks after Receipt of City Comments Final ELR submittal (8-17-18) 6 Weeks after ELR Approval 60% Design Submittal (9-28-18) 2 Weeks City Review 3 Weeks after Receipt of City Comments 100% Design Submittal (10-31-18) 2 Weeks City Review 2 Weeks after Receipt of City Comments Final Submittal (11-30-18) (1-8-19) Advertise for Bids (1-15-19) Pre-Bid Conference- (1-23-19) Receive Bids (2-20-19) Contract Award (3-6-19) Begin Construction Approximately 26 Months (September 2021) Complete Construction EXHIBIT A Page 7 of 8 III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: Summary of Fees Basic Services Fee 1. Preliminary Phase $ 105,000 2. Design Phase $ 448,000 3. Bid Phase $ 15,000 4. Construction Administration Phase (T&M) $ 49,900 Subtotal Basic Services Fees $ 617,900 Additional Services Fees (Allowance) 1. Permit: TDLR * $ 1,940 2. ROW Survey * $ 3,800 3. Topographic Survey * $ 19,700 4. Hazardous Materials $ 3,300 5. Design Water System Improvements $ 60,000 6. Design Wastewater System Upgrades TBD 7. Public Involvement (2 Meetings) * $ 13,000 8. Detailed Traffic Control Plans $ 12,000 9. Stormwater Pollution Prevention Plan $ 5,500 10. Traffic Signal Design — Rodd Field Road $ 29,000 11. Street Light Design * $ 22,100 12. Warranty Phase $ 4,700 Sub-Total Additional Services Fees Authorized $ 175,040 Total Authorized Fee $ 792,940 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT A Page 8 of 8 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME Payment Request Rev5edp7r27too Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amid No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $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 Contract for Professional Services Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5)calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services EXHIBIT D Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology.......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work ....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22—Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26—Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29—Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from Form 00 72 00 General Conditions- 1 Rev 18-2 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from Form 00 72 00 General Conditions-2 Rev 18-2 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from Form 00 72 00 General Conditions-3 Rev 18-2 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from Form 00 72 00 General Conditions-4 Rev 18-2 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner -The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from Form 00 72 00 General Conditions-5 Rev 18-2 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from Form 00 72 00 General Conditions-6 Rev 18-2 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work- Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from Form 00 72 00 General Conditions-7 Rev 18-2 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from Form 00 72 00 General Conditions-8 Rev 18-2 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from Form 00 72 00 General Conditions-9 Rev 18-2 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from Form 00 72 00 General Conditions- 10 Rev 18-2 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from Form 00 72 00 General Conditions- 11 Rev 18-2 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04,if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from Form 00 72 00 General Conditions- 12 Rev 18-2 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from Form 00 72 00 General Conditions- 13 Rev 18-2 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from Form 00 72 00 General Conditions- 14 Rev 18-2 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from Form 00 72 00 General Conditions- 15 Rev 18-2 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. S. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from Form 00 72 00 General Conditions- 16 Rev 18-2 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions- 17 Rev 18-2 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from Form 00 72 00 General Conditions- 18 Rev 18-2 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from Form 00 72 00 General Conditions- 19 Rev 18-2 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from Form 00 72 00 General Conditions-20 Rev 18-2 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from Form 00 72 00 General Conditions-21 Rev 18-2 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions-22 Rev 18-2 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 18042A Slough Road from Rodd Field Road to Dead End (Bond 2018) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Munoz Engineering, a Texas corporation, 1608 S. Brownlee Boulevard, Corpus Christi, Nueces County, Texas 78404, (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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18042A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018,PROP 1\CONSULTANT CONTRACT\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,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 31d party owners/operators. Page 2 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18042A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018,PROP 1\CONSULTANT CONTRACT\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 $449,172. 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 Cnhead- toy0ith 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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18042A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018,PROP 1\CONSULTANT CONTRACT\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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18042A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018,PROP 1\CONSULTANT CONTRACT\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 familiarwith 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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18042A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018,PROP 1\CONSULTANT CONTRACT\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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18042A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018,PROP 1\CONSULTANT CONTRACT\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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18042A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018,PROP 1\CONSULTANT CONTRACT\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 diligently with performance of the Agreement, and City shall continue to make payments in accordance with Page 8 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18042A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018,PROP 1\CONSULTANT CONTRACT\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC 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 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 9 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18042A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018,PROP 1\CONSULTANT CONTRACT\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. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18042A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018,PROP 1\CONSULTANT CONTRACT\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.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 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. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 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 MUNOZ ENGINEERING, LLC Jeff H. Edmonds P. E. Date � 05/02/18 Director of Engineering Services Ramiro Munoz, III, P. E. Date Date Principal 1608 S. Brownlee Boulevard APPROVED AS TO LEGAL FORM Corpus Christi, TX 78404 (361) 946-4848 Office (361) 265-0562 Fax Assistant City Attorney Date ram@munozengrg.com ATTEST City Secretary Date Page 11 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18042A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018,PROP 1\CONSULTANT CONTRACT\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC Project Slough Road from Rodd Field Road to Dead End (Bond 2018) (Project No. 18042A) Accounting Unit 3551-051 Account 550950 Activity 18095-A-3551-EXP Account Category 50950 Fund Name ST2015 GO BD 14 Page 12 Rev. 18-1 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18042A SLOUGH ROAD FROM RODD FIELD TO DEAD END BOND 2018,PROP 1\CONSULTANT CONTRACT\2018-0126 CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS SLOUGH ROAD — RODD FIELD ROAD TO 400 FEET EAST OF PENNINE WAY PROJECT NO. E18042C BOND ISSUE 2018 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Engineering services. 1. Preliminary Phase. The Architect/ Engineer-A/E (also referred to as Consultant) will.. a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Prepare geotechnical investigation findings (see additional services). d) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section recommendations. Prepare conceptual life- cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to EXH I BT "A" PAGE 1 OF 12 accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization (if required). m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. p) Prepare an Engineering Letter Report that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: a. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. b. Include summary output tables from Hydraulic and Hydrologic analyses. c. Include existing site photos. d. Provide opinion of probable construction costs. e. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. f. Provide anticipated index of drawings and specifications. EXH I BT "A" PAGE 2OF12 g. Provide a summary table & required ROW parcels. q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. s) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. u) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. c) The preliminary budget, specifying the funds available for construction. d) A copy of existing studies and plans. (as available from City Engineering files). e) Field location of existing City utilities. (A/E to coordinate with City Operating Department) f) Applicable Master Plans and GIS mapping. g) City Control survey Bench marks and coordinates. h) Preliminary Traffic impact assessment. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). EXH I BT "A" PAGE 3 OF 12 c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". e) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. a. Required with the interim plans is a "Plan Executive Summary", list of proposed standard and technical specifications, project checklist & drawing checklist which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. b. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60/'o review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the final (100%) plans (unseated and unstamped - electronic and fell-size hard copy using City Standards as applicable) for City's final review. Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and fell-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. h) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City provided review comments or provided submittals in accordance with City standards. i) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from EXH I BT "A" PAGE 4 OF 12 monthly progress and review meetings. See Exhibit "A-2" for required form. j) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidders bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at additional cost to the original contract, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. f) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, EXH I BT "A" PAGE 5 OF 12 receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineers recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction red-line drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD 2013 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using .dwg format in AutoCAD, and graphics data will be in .dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. EXH I BT "A" PAGE 6 OF 12 The City staff will: 1 . Prepare applications/estimates for payments to contractor. 2. Conduct the final acceptance inspection with the Engineer. 3. Designate an individual to have responsibility, authorized and control for coordinating activities for the construction phase. II. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation a. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and Federal authorities, including: i. Texas Department of Licensing and Regulation (TDLR ) 2. Topographic Survey a. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyor's Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. i. Establish Horizontal and Vertical Control. ii. Establish both primary and secondary horizontal/vertical control. iii. Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. iv. Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. V. Vertical control will be based on NAVD 88. vi. All control work will be established using conventional (non-GPS) methods. vii. Perform topographic surveys to gather existing condition information. EXH I BT "A" PAGE 7 OF 12 viii. Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. ix. Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface engineering (SUE) shall be provided as part of the scope of work for SUE. X. Locate improvements within the apparent ROW. xi. Locate and identify trees, at least five inches in diameter within the apparent ROW. xii. Generate electronic planimetric base map for use in project designs 3. Right-of-Way (ROW) Acquisition Survey and Parcel Descriptions a. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. i. Perform surveys to determine apparent right-of-way widths. ii. Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. iii. Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. iv. Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. V. Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. vi. Prepare individual signed and sealed parcel maps and legal descriptions EXH I BT "A" PAGE 8 OF 12 for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the final submittal. 4. Environmental Issues a. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement a. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to staff of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a. Provide subsurface utility engineering in accordance with Subsurface Utility Engineering (S.U.E.) in accordance with ASCE Standard "ASCE C- I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data". A/E will provide Level C, and D. City will provide Level A. A/E will coordinate with the City for the locations and quantity of Level A Subsurface Utility Engineering (S.U.E.). The proposed subsurface utility investigation will be as follows: i. Excavation - The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. A/E will coordinate with the City for the locations and quantity for City to provide. ii. Utility Location - The survey scope includes locating certain utilities to Quality Level C (Quality Level C involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. EXH I BT "A" PAGE 9 OF 12 iii. Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv. Wastewater-Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes, A/E provided. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A, A/E will coordinate with the City for the locations and quantity for City to provide. V. Water - Water facilities within the project limits will be located to Quality Level C. vi. Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. A/E will coordinate with the City for the locations and quantity for City to provide. vii. Inform local franchises whose utilities fall within the footprint of construction-related excavation of the potential for encountering their utility lines during construction. 7. Warranty Phase a. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guarantee terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". EXH I BT "A" PAGE 10 OF 12 III. SCHEDULE Date Activia June 11, 2018 NTP June 15, 2018 City provided Traffic assessment July 20, 2018 Draft ELR Submittal August 3, 2018 City Review August 17, 2018 Final ELR Submittal August 17, 2018 NTP with Design Phase October 26, 2018 60% Design Submittal November 16, 2018 City Review December 21, 2018 100% Final Submittal January 11, 2019 City Review February 8, 2019 Final Submittal (Sealed) TBD Advertise for Bids TBD Pre-Bid Conference TBD Receive Bids TBD Contract Award TBD Begin Construction TBD Complete Construction IV. FEES a. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. EXH I BT "A" PAGE 11 OF 12 b. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not- to-exceed fee as per the table below: SUMMARY OF FEES PROJECT: SLOUGH ROAD- RODD FIELD ROAD TO 400 FEET EAST OF PENNINE WAY CITY ID: 18042C !OND ISSUE: 2018 SUMMARY OF FEES BASIC SERVICES FEES 1 Preliminary Phase $ 85,709.00 2 Design Phase $ 187,200.00 3 Bid Phase $ 10,337.00 4 Construction Administration Phase (T&M) $ 51,526.00 BASIC SERVICES FEES SUBTOTAL: $ 334,772.00 ADDITIONAL SERVICES FEES(ALLOWANCE) 1 Permit Preparation $ 3,330.00 2 Topographic Survey $ 43,450.00 3 Right-of-Way(ROW) Survey $ 13,380.00 4 Right-of-Way(ROW) Acquisition Survey and Parcel Descriptions $ 12,890.00 5 Environmental Issues (as authorized) TBD 6 Public Involvement $ 12,150.00 7 Subsurface Utility Investigation $ 24,290.00 8 Offsite Storm Water Design (as authorized) TBD 9 Traffic Signalization Design (as authorized) TBD 10 Traffic Control Plan (TCP) (as authorized) TBD 11 Warranty Phase $ 4,910.00 12 Televise Wastewater Lines TBD ADDITIONAL SERVICES FEES(ALLOWANCE)SUBTOTAL: $ 114,400.00 TOTAL AUTHORIZED FEE: $ 449,172.00 EXH I BT "A" PAGE 12 OF 12 EXHIBIT "A-1" (Provides supplemental description to Exhibit 'A'. Task List does not supersede Exhibit 'A'.) CITY OF CORPUS CHRISTI, TEXAS SLOUGH ROAD — RODD FIELD ROAD TO 400 FEET EAST OF PENNINE WAY PROJECT NO. E18042C BOND ISSUE 2018 TASK LIST BASIC SERVICES 1 . Project limits include Slough Road from Rodd Field Road to approximately 400 feet east of Pennine Way. These limits involve the existing right-of-way plus acquired parcels of right-of-way to facilitate the proposed improvements. 2. Perform field investigations and field surveys (as authorized by Additional Services) as required to define specific areas of demolition and new work along with the applicable parameters required to complete the engineering letter report and construction drawings. 3. Contact Texas 811 system to locate existing City utilities in the field, and coordinate with appropriate City operating departments. 4. Attend and participate in project kickoff and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. 5. Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6. Develop preliminary typical street sections. 7. Prepare conceptual life-cycle cost analysis comparing estimated life-cycle costs for flexible pavement and rigid pavement using FHWA Real Cost program. 8. Prepare preliminary hydrologic and hydraulic analyses for storm water runoff for 25-year design storm and check 100-year extreme event. 9. Prepare one (1) hard copy and one (1) electronic copy of the draft engineering letter report including data collected, preliminary drainage calculations, roadway alignment, additional road requirements (if any) and conceptual cost estimates for the anticipated improvements and make recommendation to the City staff. 10. Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the final engineering letter report. Obtain approval to proceed to Design Phase. 11 . Assist the City in presenting findings to the Bicycle and Pedestrian EXHIBT "A-1" PAGE 1 OF 6 Subcommittee and Transportation Advisory Committee. Prepare PowerPoint presentation, handouts and exhibits for meeting and provide follow-up response to comments. 12. Participate with staff at two (2) public information meetings (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 13. Prepare final hydrologic and hydraulic analyses for storm water runoff based on 25-year design storm frequency runoff coefficients, times of concentration, rainfall intensities and drainage areas utilizing WinStorm or NEC-RAS software. Hydraulic gradient will be reflected in the construction drawings. Also check 100- year extreme event. 14. Develop construction drawings in English units in 11"x 17" sheets, to include the following (as required for this project): • Title Sheet Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary/ Drawing Legends • Existing and Proposed Street Sections • Demolition/ Removal Summary • Existing Utility Base Maps (Water, Wastewater, Storm Water and Gas) • Drainage Area Map • Baseline Alignment Sheet • Storm Water Plan & Profile • Storm Water Laterals • Storm Water Details • Water and Wastewater Plan & Profile • Water and Wastewater Details • Wastewater Laterals • Street Plan & Profile • Street and Paving Details • Curb, Gutter, and Sidewalk Details • Driveway Details • Curb Ramp Details • Pavement Marking (Striping) Plan EXHIBT "A-1" PAGE 2OF6 • Signage Plan • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Details • Miscellaneous Details • Traffic Control Plan and Construction Sequencing • Traffic Control Sections and Details • Barricade and Construction Standards 15. Prepare opinion of probable construction costs including contingency amounts. 16. Prepare Contract Documents to include front-end (Division 00 and 01) EJCDC documents adopted by the City, standard specifications and technical specifications. 17. Provide Quality Control/Quality Assurance (QC/QA) interim review and prepare submittal for City's review depicting 60% design development of the contract drawings and list of specifications. 18. Address comments received from the City for the 60% design submittal. 19. Provide Quality Control/Quality Assurance (QC/QA) interim review and prepare submittal for City's review depicting final 100% development of the plans and contract documents (unseated). 20. Address comments received from the City for the final submittal. 21. Provide final (signed and sealed) plans and contract documents to the City for bidding process. 22. Update the opinion of probable construction costs. 23. Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 24. Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 25. Provide Construction Administration Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 26. A/E will coordinate with City and AEP for lighting conduit locations and pole relocations. A spare conduit for City MIS will be included if requested by the City. EXHIBT "A-1" PAGE 3OF6 ADDITIONAL SERVICES PERMIT PREPARATION 1 . Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2. Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. The permits anticipated for this project are identified in Exhibit 'A' of the Contract for Professional Services. TOPOGRAPHIC SURVEY 1 . Research horizontal and vertical controls. 2. Pre-plan control survey. 3. Set control points in the field. 4. Establish veOical control points (bench marks) and perform level loops. 5. Establish horizontal control on control points by GPS. 6. Perform topographic survey within project limits. 7. Cross-section existing drainage ditches within project limits at 100-ft. intervals. 8. Locate and tie-in tract boundaries. 9. Locate and tie-in known utilities and structures. 10. Download raw survey field data, copy field notes, reduce data and check results. RIGHT-OF-WAY SURVEY 1 . Locate property corners to the degree necessary to identify the existing right- of-way lines along the project corridor. All work will comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work will be tied to and in conformance with the City's Global Positioning System (GPS) control network. RIGHT-OF-WAY ACQUISITION SURVEY AND PARCEL DESCRIPTIONS 1 . Prepare Metes and Bounds description and Exhibit showing parent parcel and area of acquisition. 2. Submit Metes and Bounds and Exhibit to City staff for City to prepare and perform acquisition of right-of-way. EXHIBT "A-1" PAGE 4OF6 ENVIRONMENTAL ISSUES 1 . Scope and Fee to be determined if required. PUBLIC INVOLVEMENT 1 . Assist the City in preparing notices, handouts and exhibits for public information meetings. 2. Assist the City in conducting two public information meetings. 3. Assist the City with follow-up and response to citizen comments. 4. Revise contract drawings to address minor citizen comments, as directed by the City. SUBSURFACE UTILITY INVESTIGATION 1 . Upon receiving authorization from the City to proceed, coordinate with the City for the locations and quantity of Subsurface Utility Engineering (S.U.E.). SUE shall be in accordance with "ASCE Standard C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data". City to provide Level A services. A/E to provide level C & D and coordinate with the City on locations of Level A and with survey. OFFSITE STORM WATER DESIGN 1 . Due to the adjacent properties being built out and the anticipated drainage pattern being away from Slough Road it is not anticipated that hydrologic and hydraulic analyses for offsite will be required beyond the Slough Road right-of- way. If determined by City staff that additional analyses for offsite storm water design will be required a scope and fee will be determined. TRAFFIC SIGNALIZATION DESIGN 1 . Scope and Fee to be determined if required. TRAFFIC CONTROL PLAN (TCP) 1 . Prepare Traffic Control (TCP) that includes construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. Scope and Fee to be determined if required. EXHIBT "A-1" PAGE 5OF6 WARRANTY PHASE 1 . Upon receiving authorization from the City to proceed, conduct a maintenance guarantee inspection toward the end of the one-year (1-year) period after acceptance of the project. Note observed defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guarantee terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. TELEVISE WASTEWATER TRUNK LINE 1 . City will televise the existing wastewater pipes and manholes in and adjacent to Slough Road from Rodd Field Road to approximately 400 feet east of Pennine Way. This scope of work includes cleaning the wastewater lines prior to televising. A/E will provide coordination and review of information to incorporate any design changes into the drawings. Scope and Fee to be determined if required. EXHIBT "A-1" PAGE 6OF6 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME Payment Request Rev5edp7r27too Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amid No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $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 Contract for Professional Services Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5)calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services EXHIBIT D Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology.......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work ....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22—Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26—Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29—Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from Form 00 72 00 General Conditions- 1 Rev 18-2 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from Form 00 72 00 General Conditions-2 Rev 18-2 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from Form 00 72 00 General Conditions-3 Rev 18-2 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from Form 00 72 00 General Conditions-4 Rev 18-2 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner -The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from Form 00 72 00 General Conditions-5 Rev 18-2 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from Form 00 72 00 General Conditions-6 Rev 18-2 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work- Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from Form 00 72 00 General Conditions-7 Rev 18-2 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from Form 00 72 00 General Conditions-8 Rev 18-2 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from Form 00 72 00 General Conditions-9 Rev 18-2 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from Form 00 72 00 General Conditions- 10 Rev 18-2 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from Form 00 72 00 General Conditions- 11 Rev 18-2 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04,if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from Form 00 72 00 General Conditions- 12 Rev 18-2 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from Form 00 72 00 General Conditions- 13 Rev 18-2 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from Form 00 72 00 General Conditions- 14 Rev 18-2 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from Form 00 72 00 General Conditions- 15 Rev 18-2 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. S. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from Form 00 72 00 General Conditions- 16 Rev 18-2 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions- 17 Rev 18-2 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from Form 00 72 00 General Conditions- 18 Rev 18-2 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from Form 00 72 00 General Conditions- 19 Rev 18-2 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from Form 00 72 00 General Conditions-20 Rev 18-2 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from Form 00 72 00 General Conditions-21 Rev 18-2 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions-22 Rev 18-2 l 1` gra Proposed 2018 B@ND W W W.CCTEXAS.COM Program Implementation 3 Pre-Designed Projects (100%) Council Presentation May 22, 2018 Implementation Plan B@ND Approved by Council August 15, 2017 =�M ➢ Address Harbor Bridge Related Streets ✓ $4.1 Million ✓ By end of 2017 ➢ Prepare Preliminary Feasibility Reports ✓ Obtain more accurate scopes&project estimates ✓ $2 M for Three(3)Propositions ✓ Approximately 4-6 months to complete ➢ Obtain Stakeholder input ✓ Define&prioritize projects ➢ Pre-design Projects- to Expedite Project Implementation ✓ Obtain funding$5M o 3 to"shovel ready' o 6 to approximately 60% ✓ RFQ for Architects/Engineers ✓ "Shovel Ready'Project selection by late summer 2017 ✓ Approximately 12 months for design(start no later than January 2018) 2 Pre-Design Funding BQND g g ➢ Bond 2014 Proposition 1: ✓ July 2013-Council approved sale of Certificates of Obligation ✓ $8 Million ✓ Pre-design Proposition 1 projects(Election 11/2014) ➢ Design costs not charged to Bond 2014 General Obligation funds ➢ Bond 2014 Proposition 1 - Current Status: ✓ All projects bid and contracted, except 1 o Project on hold for Spohn Hospital construction coordination ✓ Sufficient funds to complete all unfinished Proposition 1 projects ✓ $9.1 Million available in remaining Proposition 1 funds ➢ Proposed Bond 2018 pre-design: ✓ Bond Counsel confirmed appropriate use of reserves from Bond 2014 Prop. 1 3 Proposed Pre-Election Design Projects B@ND ➢ Estimated Cost-$5 Million ➢ Nine Projects I I& STREET . CONTRACr 1. Slough Rd Rodd Field Rd East Dead End Munoz 100% 2 Holly Rd Rodd Field Rd Paul Jones Ave LNV DESIGN 3. Everhart Rd SPID Holly Rd Freese&Nichols 1. Leopard St Palm Dr Nueces Bay Blvd 2. S.Staples St I<ostoryz Rd Baldwin Blvd 60% 3. Swantner Dr Texan Tr Indiana Ave Pending DESIGN 4. Frio/Dorado/Hacala Sts Greenwood Dr Martin St 5. Laguna Shores Rd Hustlin'Hornet Dr Caribbean Dr 6. Lipes Blvd Yorktown Blvd Staples St ➢ RFQ issued for Pre-Design-January 2018 ➢ 100% Designs complete by November 2018 Bond 2018 BOND Project Implementation Key Dates ➢ Jul 2018 - AE Contracts for (6) "60% Designed" awarded ➢ Nov 2018 - Design Complete: (3) "100% Designed", (6) "60% Designed" ➢ Nov 2018 - Election ➢ Nov 2018 - Reimbursement Resolution approved by Council ➢ Dec 2018 - Advertise (3) "100% Designed" Projects for Bid ➢ Mar/Apr 2019 - Construction Contracts awarded (3) "100% Designed" ➢ Apr/May 2019 - Construction starts (3) "100% Designed" Projects 5 B@ND Questions? "Continuing to Build Our Future" 181 F zz c ORRipoR SCALE: N.T.S. SHIP CHAN CORPUS CHRISTI � I Qom � LEOPARD 0 a z 44 eq p 4 0k/H 286 !R MORG O 358 O CORDUS CHRISTI BAY EVERHART ROAD S. Padre Island Dr to Holly Road �2 cgRp<F <</hqR `�iP 0 ° HOLLY ROAD AZO Paul Jones Avenue to Rodd Field Road O0 358 Q� �SgRgTOcq��O 2r� �Rp�F O CABANISS , i OSO BAY CORP FIELD <v Q NAVAL Qv O �v o 0o FLOUR � 2 358 286 OSO 2�° L 4 OAF U� _J O�, 0 002 2444 �rpwti � 3� AN SLOUGH ROAD Rodd Field Road to Dead End LOCATION MAP I Ac NOT TO SCALE I LOCATION MAP CITY COUNCIL EXHIBIT Proposed Bond 2018 CITY OF CORPUS CHRISTI,TEXAS 100% 1 Pre-Designed Project DEPARTMENT OF ENGINEERING SERVICES 9 = _ SC AGENDA MEMORANDUM Cqq PO PFuture Item for the City Council Meeting of May 22, 2018 hPSE 1852 Action Item for City Council Meeting of June 12, 2018 DATE: May 22, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management iimd(a�cctexas.com (361) 826-1909 Dan Grimsbo, Executive Director of Utilities Dane(acctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 c(D.cctexas.com (361) 826-3169 Purchase of Seven Heavy-duty Freightliner Trucks for Utilities CAPTION: Motion authorizing the purchase of seven heavy-duty Freightliner trucks from Houston Freightliners of Houston, Texas; via Houston Galveston Area Council cooperative for a total amount of $1,291,346.00. PURPOSE: This item is to approve the purchase of various heavy-duty freightliner trucks for the Utilities Department, which includes: one M2-112, three M2-106, two M2-106 with Crane Tru and one 108SD-70. BACKGROUND AND FINDINGS: The Utilities Department currently has a requirement to replace seven heavy-duty trucks which are intended to perform various functions in within the Water, Wastewater, and Storm Water divisions in the Utilities Department. The addition of six of these units are replacements while one is an addition to the fleet. The units to be replaced are all well past the end of their service lives. The addition is due to a new additional crew in the Wastewater Department. These trucks were purchased through the Houston Galveston Area Council cooperative which provides a higher level of buying power for this type of equipment and therefore a better price for the City. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Fleet Maintenance Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $7,398,460.00 $0.00 $7,398,460.00 Encumbered / Expended Amount $5,816,956.25 $0.00 $5,816,956.25 This item $1,291,346.00 $0.00 $1,291,346.00 BALANCE $290,157.75 $0.00 $290,157.75 Fund(s): Fleet Maint. Svc Comments: This purchase of seven heavy-duty Freightliner trucks for $1,291 ,346.00 is funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Price Sheet - Freightliners for Utilities City of Corpus Christi Houston Freightliner Inc. Purchasing Division Houston, Texas Buyer: Cynthia Perez HGAC #HT06-16 No. Description Qtv Unit Cost Extended Cost 1 Freightliner M2-112 1 EA $177,930.00 $177,930.00 2 Freightliner M2-106 1 EA $128,013.00 $128,013.00 3 Freightliner M2-106 1 EA $103,456.00 $103,456.00 4 1 Freightliner M2-106 W/Crane Tru 1 EA $253,573.00 $253,573.00 5 Freightliner M2-106 Crane Tru 1 EA $230,648.00 $230,648.00 6 Freightliner M2-106 1 EA $140,626.00 $140,626.00 7 Freightliner 108SD-70 1 EA $257,100.00 $257,100.00 Total $1,291,346.00 se GO O� Va. v AGENDA MEMORANDUM NORPOPPEFuture Item for the City Council Meeting of May 22, 2018 1852 Action Item for the City Council Meeting June 12, 2018 DATE: May 22, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities Dane a)..cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2�cctexas.com (361) 826-3169 Uniform Rental for Utilities Department CAPTION: Motion authorizing a two-year service agreement for uniform rental for utilities department with Cintas Corporation from Corpus Christi, Texas via U.S. Communities cooperative for a total amount not to exceed $130,027.64. PURPOSE: This service agreement will allow the utilities department to rent uniforms for current and temporary employees. BACKGROUND AND FINDINGS: This service agreement will include pants, shorts and long-sleeved shirts and jackets. The price includes per item: hemming of trousers and sewing of patches. There will be no freight or service charges. These services were procured through the U.S. Communities cooperative which provides the best pricing for the City for these needed uniforms. 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: Utilities FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $40,686.34 $108,356.37 $149,042.71 Encumbered / Expended Amount $12,187.46 $0 $12,187.46 This item $21,671 .27 $108.356.37 $130,027.64 BALANCE $6,827.61 $0 $6,827.61 Fund(s): Water and Wastewater Comments: The initial contract is for an amount not to exceed $130,027.64 for two years, with an estimated expenditure of $21 ,671.27 to be funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price List Price List cirqirAs,. REAI#dy Ett.jR THE WC.-OkKEAY CITY OF CORPUS CHRISTI - UTILITIES DEPARTMEN' U.S, Communities Contract#12-JLH-011C U.S.Communities Unit Price R Item# Item Description Weekly Lease Pricing ty(Weekly-52) Extended Price (no cleaning) 330 Mens Long Sleeve Shirt Cotton $0.186 1,800 $ 17,409.60 935 Mens Long Sleeve Shirt $0.140 588 $ 4,280.64 340 Mens Pants $0.262 1,600 $ 21,748.40 394 Mens Pants-leans $0.226 600 $ 7,051.20 945 Mens Pants $0.160 188 $ 1,564.16 970 Jacket $0.318 398 $ 6,581.33 106 Service Charge $0.000 0 $ Size Premium $0.156 180 $ 1,460.16 Emblem Charge' $2.500 600 $ 1,500.00 Make-Up/Prep Charge' $1.555 600 $ 933.00 $ 62,578.49 Item# Item Description U.S.Communities Unit Price Lost Replacement Charge Qty Extended Price 330 Mens Long Sleeve Shirt Cotton $17.617 24 $ 422,81 935 Mens Long Sleeve Shirt $15.545 24 $ 373.08 340 Mens Pants $24.612 24 $ 590.69 394 Mens Pants-Jeans $20.209 24 $ 485.02 945 Mens Pants $18.394 24 $ 441.46 970 Jacket $30.572 4 $ 122.29 $ 2,435.34 Annual Price GRAND TOTAL $ 65,013.82 'Not weekly pricing/one time charge,per garment for new issues,replacment,or damages Local Contact: Robert Moseley 24 Months $130,027.64 Service Manager 361.813.2154 �vs w a SERVICE AGREEMENT NO. 1689 Uniform Rental for Utilities Department THIS Uniform Rental for Utilities Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Cintas Corporation ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Uniform Rental for Utilities 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 Uniform Rental for Utilities 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. This Agreement includes an option to extend the term for up to zero additional zero-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then-current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $130,027.64, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Page 1 of 8 Service Agreement Standard Form-Cintas Corp. Approved as to Legal Form 2/16/18 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joanna Moreno Department: Utilities Phone: (361 ) 826-1649 Email: Joan naMCcctexas.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 in Contractor's commercial general liability insurance and auto liability insurance policies. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Page 2 of 8 Service Agreement Standard Form-Cintas Corp. Approved as to Legal Form 2/16/18 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. (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 City of Corpus Christi Page 3 of 8 Service Agreement Standard Form-Cintas Corp. Approved as to Legal Form 2/16/18 agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contracts/Fund Administrator Address: 2726 Holly Road Corpus Christi, Texas 78415 Fax: (361 ) 826-3174 IF TO CONTRACTOR: Cintas Corporation Not. Attn: Robert Moseley Title: Service Manager City of Corpus Christi Page 4 of 8 Service Agreement Standard Form-Cintas Corp. Approved as to Legal Form 2/16/18 Address: 301 Junior Beck Drive, Corpus Christi, Texas 78405 Fax: (361 ) 289-6571 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, TO THE EXTENT CAUSED BY THE CONTRACTOR'S NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, EXCEPT TO THE EXTENT THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS SUBJECT TO INDEMNIFICATION HEREUNDER, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Page 5 of 8 Service Agreement Standard Form -Cintas Corp. Approved as to Legal Form 2/16/18 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1 ) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. 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. City of Corpus Christi Page 6 of 8 Service Agreement Standard Form -Cintas Corp. Approved as to Legal Form 2/16/18 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 TO FOLLOW] City of Corpus Christi Page 7 of 8 Service Agreement Standard Form-Cintas Corp. Approved as to Legal Form 2/16/18 CONTRACTOR: CINTAS CORPORTION NO. 2 Signature: Printed Name: aC Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Page 8 of 8 Service Agreement Standard Form-Cintas Corp. Approved as to Legal Form 2/16/18 Attachment A: Scope of Work Project name: Uniform Rental for Utilities Department Scope of Work: Contractor will supply rental of uniforms for City and temporary employees. 1 . Contractor will pick up soiled garments and deliver the clean garments on a weekly basis. 2. Pick up and deliveries will happen during working hours. 3. Contractor will inspect uniforms for any needed repairs or replacement. 4. Contractor will make repairs or replace garments with the contract administrator's approval. 5. Contractor will work directly with the contract administrator. 6. Uniform Advantage Program which covers repair or replacement charges for damaged or aged out pants and shirts. 7. Size premium covers size upcharges for pants and shirts. 8. Prep Plan covers ID Tape charge on shirts, pants and shorts for new employee set up as well as ID tape charge on shirts, pants and/or shorts that require repair or replacement as defined in Uniform Advantage. 9. Emblem covers City Emblem charge on shirts, pants and shorts for new employee set-up, as well as emblem charges on shirts, pants and/or shorts that require repair or replacement as defined in Uniform Advantage. 10. Send all invoices to the contract administrator for review and/or processing. Page 1 of 1 Attachment B: Quote/Pricing Schedule 4D C1 'PjrAsqD READY FC]R THE WC730FCK1-.1AY CITY OF CORPUS CHRISTI-UTILITIES DEPARTMCW U.S. Communities Contract 1412-1LH-0110 lt®m R ltran C►eeai on LI.S tx unldes I Wt Noe Pg oo ly Ledw Pricing QtyE4kmd4d ft-. (no dmning) Meekly-52) 330 Mans Long Sleeve Shirt Cotton 50,186 1800 $ 17,449.60 935 Miens Long Sleeve Shlrt 50.140 588 $ 4,280.64 340 Mens Pants $0,262 1,600 $ 21,798.40 394 Mens Pants-leans $0,226 60 $ 7,051.20 945 Mens Pants $0.160 168 $ 1,564.16 470 Jacket $0.318 398 $ 6,581.33 106 Service Charge 50.000 0 $ Site Premium $0156 LBO $ 1,460.16 Emblem Charge' $2.500 600 S 1,500.00 Make-Up/Prep Charge. $1,555 600 $ 933.00 $ 62,576.49 item item Description U.S.UMMIM[es unit Prim QM &bended Price Lost RapLvzrrmnt Charge 330 Mens Long Sleem Shlrt Cotton c $17.617 -- 24 5 422.91 93.5 Mens Long Simco Shirt $15545 24 $ 373,08 340 Mens Pants $24.612 24 $ 590.69 394 Miens Pants-Jeans $20.209 24 $ 455.02 445 Mens Pants $18.394 24 $ 441.46 970 Jacket $30.572 4 S 122.29 2,435.34 nntla price GRAND TOTAL $ 65,Oi3.8x *Not weekly pricing/one time charge,per garment for neve issues,replacment,Wdamages Local Contact. Robert Moseley 24 Months $ 130,027.64 5ervke Manager 361,813,2154 Attachment C - Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property Management one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change, or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C_ In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 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 Utilities Employee Work Uniform Services 02/12/2018 sw Risk Management Valid Through 12/31/2018 Attachment C - Bond Requirements No bond requirements necessary for this service agreement; section 5. (B) is null for this service agreement. Attachment D - Warranty Requirements No warranty requirements necessary for this service agreement; Section 8. Warranty is null for this Service Agreement. se GO O� Va. v AGENDA MEMORANDUM NORPOPPEFuture Item for the City Council Meeting of May 22, 2018 1852 Action Item for the City Council Meeting June 12, 2018 DATE: May 22, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities Dane a)..cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2�cctexas.com (361) 826-3169 Hip and Knee Supply Agreement CAPTION: Motion authorizing a three-year supply agreement with Northern Safety and Industrial, of Corpus Christi, Texas, for the purchase of hip and knee boots for a total amount not to exceed $191,691.75. PURPOSE: This is a motion to approve a supply agreement for hip and knee boots. BACKGROUND AND FINDINGS: The hip and knee boots are stocked by the warehouse and used by various departments within the City. 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, Northern Safety and Industrial. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,800,195.15 $170,392.66 $2,970,587.81 Encumbered / Expended Amount $915,670.67 $0 $915,670.67 This item $21,299.09 $170,392.66 $191,691.75 BALANCE $1,863,225.39 $0 $1,863,225.39 Fund(s): Stores Comments: The initial contract term total is $191,691.75 for three years, of which $21,299.09 is funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement Purchasing Division City of Corpus Christi Bid Tabulation RFB No.1580 Buyer:Cynthia Perez Hip and Knee Boots Alamo Distribution,LLC San Gulf Coast Nut&Bolt LLC Corpus Northern Safety&Industrial Antonio,TX Christi,TX Corpus Christi,TX Item Description Unit 3yr:Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price City Stock No.3086-Boots Hip W/Steel Toe Size 5- PR 6 $ 32.88 $ 197.28 $ 56.00 $ 336.00 1 ManufaI-' City Stoc No.3087-Boots Hip W Stee Toe Size 6- PR 9 $ 63.55 $ 571.95 $ 43.75 $ 393.75 2 Manufacturer ONGD 86056 City Stock No.3088-Boots Hip W Steel Toe Size 7- PR 360 $ 63.55 $ 22,878.00 $ 43.75 $ 15,750.00 3 Manufacturer ONGD 86056 City Stock No.3089-Boots Hip W Steel Toe Size 8- PR 630 $ 63.55 $ 40,036.50 $ 43.75 $ 27,562.50 4 Manufacturer ONGD 86056 City Stock No.3090-Boots Hip W Steel Toe Size 9- PR 861 $ 63.55 $ 54,716.55 $ 43.75 $ 37,668.75 5 Manufacturer ONGD 86056 City Stock No.3091-Boots Hip W Steel Toe Size 10- PR 588 $ 63.55 $ 56,432.40 $ 43.75 $ 38,850.00 6 Manufacturer ONGD 86056 City Stock No.3092-Boots Hip W/Steel Toe Size 11- PR 591 $ 63.55 $ 37,558.05 $ 43.75 $ 25,856.25 7 Manufacturer ONGD 86056 City Stock No.3093-Boots Hip W Steel Toe Size 12- PR 480 $ 32.88 $ 15,782.40 $ 43.75 $ 21,000.00 8 Manufacturer INWR 92586-OS City Stock No.3094-Boots Hip W Steel Toe Size 13- PR 126 $ 63.55 $ 8,007.30 $ 43.75 $ 5,512.50 9 Manufacturer ONGD 86056 City Stock No.3095-Boots Hip Size 14-Manu acturer PR 30 $ 32.88 $ 986.40 $ 56.00 $ 1,680.00 10 ONGD 200C-S or equal City Stock No.3096-Boots Hip Size 15-Manufacturer PR 6 $ 32.88 $ 197.28 $ 56.00 $ 336.00 11 INWR 9265-S-15 orequal City Stock No.3097-Boots Hip Size 16-Manufacturer PR 3 $ 32.88 $ 98.64 $ 56.00 $ 168.00 12 IIN WR 9265-5-16 or equal City Stock No.3098-Boots Ladies Rubber Size 5- PR 69 $ 9.23 $ 636.87 $ 9.00 $ 621.00 13 Manufacturer INWR 9258B-05 or equal City Stock No.3099-Boots PVC Knee W Steel Toe Size PR 36 $ 9.23 $ 332.28 $ 9.00 $ 324.00 14 6-Manufacturer lNWR9258-B-06ore ual City Stock No.3100 Boots PVC Knee W Steel Toe Size $ $ $ $ 15 7-Manufacturer INWR 9258-B-07 or equal PR 90 9.23 830.70 9.00 810.00 City Stock No.3101-Boots PVC Knee W/Steel Toe Size PR 246 $ 9.23 $ 2,270.58 $ 9.00 $ 2,214.00 16 8-Manufacturer INWR 9258-B-08 or equal City Stock No.3102-Boots PVC Knee W Steel Toe Size PR 246 $ 9.23 $ 2,270.58 $ 9.00 $ 2,214.00 17 9-Manufacturer INWR 9258-B-09 ore ual City Stock No.3103-Boots PVC Knee W Steel Toe Size $ 18 10-Manufacturer INWR 9258-B-10 or equal PR 420 $ 9.23 $ 3,876.60 9.00 $ 3,780.00 City Stock No.3104-Boots PVC Knee W/Steel Toe Size PR 399 $ 9.23 $ 3,682.77 $ 9.00 $ 3,591.00 19 11-Manufacturer INWR9258-B-llore ual City Stock No.3105-Boots PVC Knee W Steel Toe Size $ $ 20 12-Manufacturer INWR 2003F-CC-S or equal PR 249 $ 9.23 2,298.27 9.00 $ 2,241.00 City Stock No.3106-Boots PVC Knee W Steel Toe Size PR 39 $ 9.23 $ 359.97 $ 9.00 $ 351.00 21 13-Manufacturer INWR 9258-B-13 or equal Lity Stock o.31U/-130otS PVL Knee W/Steel I oe 22 Size14-Manufacturer INWR 9258-B-14 or equal PR 48 $ 9.23 $ 443.04 $ 9.00 $ 432.00 NONRESPONSIVE* 254,464.41 191,691.75 *Bidder did not bid all items as required mUs c.� w � SUPPLY AGREEMENT NO. 1580 U 1 Hip & Knee Boots 'yCa kPnR PE 1852 THIS Hip & Knee Boots Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Northern Safety and Industrial ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Hip & Knee Boots in response to Request for Bid No. 1580 ("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 Hip & Knee Boots 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 $191 ,691 .75, 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 St. Bldg. 6, Corpus Christi, Texas 78415 Phone: (361 ) 826-1750 Fax: (361 ) 826-1690 IF TO SUPPLIER: Northern Industrial and Supply Attn: Edward Wilson Title: Branch Manager Address: 4833 Leopard Street, Corpus Christi, Texas 78408 Phone: (361 ) 289-7536 Fax: (361 ) 289-7541 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 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: lfc Title- Date.- CITY itle:❑ate: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. 1580 Exhibit 2: Supplier's Bid Response Supply Agreement standard Form age 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 hip and knee boots for the City's Warehouse as outlined in this Scope of Work. The hip boots are used by the Utilities Department. The knee boots are used by all other departments. 1.2 Scope of Work A. The Supplier shall provide hip and knee boots. This specification covers various hip and knee boots used by the City. The items listed in this scope will be used to restock the City's Warehouse. B. 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. C. Boots shall be made with injected molded seamless construction for excellent cold weather flexibility and lightweight/durable PVC upper with polyester backing. Steel toe style shall comply with ASTM F2413-05. 1.3 Contractor Quality Control and Superintendence All hip and knee boots 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 Ott°° CITY OF CORPUS CHRISTI BID FORM v PURCHASING DIVISION RFB No. 1580 NRRTOR0.SEtl x82 Hip and Knee Boots Date: _ y_ 0� PAGE 1 OF 2 Authorized Bidder. e � � ` - Signature: 161AJ2,JLIIai-� 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive if the bid form is modified. Item City Description UNIT 3yr.- Unit Total Stock Qty. Price Price No. 1 3086 Boots Hip W/Steel Toe Size 5 - PR 6 $ $ Manufacturer ONGD 86056 S(.j;.t0 `3,S6.� 2 3087 Boots Hip W/Steel Toe Size 6 - PR 9 $ $ Manufacturer ONGD 86056 y.�;� 3�3 ti 5 3 3088 Boots Hip W/Steel Toe Size 7 - PR 360 $ $ Manufacturer ONGD 86056 4 3089 Boots Hip W/Steel Toe Size 8 - PR 630 $ $ Manufacturer ONGD 86056 X►I 5 5 3090 Boots Hip W/Steel Toe Size 9 - PR 861 $ $ Manufacturer ONGD 86056 L4311 ," �G5 6 3091 Boots Hip W/Steel Toe Size 10 - PR 888 $ $3 Manufacturer ONGD 86056 '-}3�'l - 15 J6515 7 3092 Boots Hip W/Steel Toe Size 11- PR 591 $ $ Manufacturer ONGD 86056 �, a.��"- a`a f3!,j-j "X 8 3093 Boots Hip W/Steel Toe Size 12- PR 480 $ $ Manufacturer INWR 9258E-05 9 3094 Boots Hip W/Steel Toe Size 13 - PR 126 $ $ Manufacturer ONGD 86056 ij ,-I S7 _ a ! 10 3095 Boots Hip Size 14 - Manufacturer PR 30 $ $ ONGD 20OC-S orequal W ' T.t"t o 11 3096 Boots Hip Size 15 -Manufacturer PR 6 $ $ INWR 9265-S-15 orequal S L--.bNa. 12 3097 Boots Hip Size 16- Manufacturer PR 3 $ $ INWR 9265-S-16 orequal %,-, ',Cie 13 3098 Boots Ladies Rubber Size 5- PR 69 $ $ Manufacturer INWR 92588-05 or equal 14 3099 Boots PVC Knee W/Steel Toe Size PR 36 $ $ 6-Manufacturer INWR - 92586-06 l orequal 15 3100 Boots PVC Knee W/Steel Toe Size PR 90 $ $ 7-Manufacturer INWR -9258B-07 or equal 9<tOwe-) 16 3101 Boots PVC Knee W/Steel Toe Size PR 246 $ $ 8- Manufacturer INWR -92586-08 t� orequal 17 3102 Boots PVC Knee W/Steel Toe Size 9 PR 246 $ $ - Manufacturer INWR -9258E-09 or equal I' ),A14 18 3103 Boots PVC Knee W/Steel Toe Size PR 420 $ $ 10 - Manufacturer INWR -9258B-10 orequal `Q:tx> 3 8C)-C;b 19 3104 Boots PVC Knee W/Steel Toe Size PR 399 $ $ 11- Manufacturer INWR -9258E-11 orequal 'I.00 ! C-,o 20 3105 Boots PVC Knee W/Steel Toe Size PR 249 $ $ 12 - Manufacturer INWR -2003F- CC-S orequal ,),aLltot o 21 3106 Boots PVC Knee W/Steel Toe Size PR 39 $ $ 13 - Manufacturer INWR -92586-13 orequal 22 3107 Boots PVC Knee W/Steel Toe Size PR 48 $ $ 14 - Manufacturer INWR -92588-14 orequal C�<�i <�e °< Total I I $ iqli 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 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 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 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 Purchasing Order and Delivery of Goods 03/29/2018 sw Risk Management Valid Through 12/31 /2018 Attachment D -Warranty O THE N All of our products are 100% Guaranteed...period. If things aren't exactly the way you want th m,we'll quickly replace an item, issue a full credit, or give you a complete rjefund. Your total satisfaction is our top priority! Northern Safety and Industrial will give a 60 day warranty against manufacturinfi defects on Hip and Knee Boots. jSincely /J P l/ Edward Wilson Northern Safety& Industrial Corpus Christi Branch Manager Northern Safety Co., Inc. PO Box 4250 Utica, NY 13504-4250 Phone: 800.631.1246 • Fax: 800.635.1591 Please visit norther0safety.com fora complete list ofour locations se o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of May 22, 2018 1852 Action Item for the City Council Meeting June 12, 2018 DATE: May 22, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG(a-)-cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2(a)-cctexas.com (361) 826-3169 Maintenance Services for Mary Rhodes Phase 2 Pumps & Motors for a Three- year Service Agreement not to Exceed $636,717, with Two One-year Options with a Total Potential Multi-year Amount of Up to $1,061,195.00 CAPTION: Motion authorizing a three-year service agreement with Smith Pump Company, Inc., of Austin, Texas, for maintenance services for Mary Rhodes Phase 2 pumps & motors for a total amount not to exceed $636,717.00, with two one-year options for a total potential multi-year amount of $1,061,195.00. PURPOSE: The service agreement will provide maintenance services for the Mary Rhodes Phase 2 pumps and motors intake facilities; River Pump Station and Booster Pump Station both located in Matagorda County near Bay City, Texas. BACKGROUND AND FINDINGS: A maintenance agreement had been authorized by City Council on December 13, 2013 approving the pre-purchase of pumps and motors for Mary Rhodes Phase 2 from Smith Pump Company Inc. of Austin, Texas based on lowest responsible proposer, pursuant to Request for Proposal BI-0198-13. This included total cost for pumps and motors and the maintenance agreement for a total expenditure of $4,554,446.20. Staff subsequently assigned this contract and the responsibility to oversee delivery of the pumps and motors and the initiation of this maintenance agreement to the construction contractor, Oscar Renda Contracting of Roanoke, Texas. The pumps were paid for in full except the portion assigned for the maintenance agreement. This represents a balance of $636,717.00, and said sum was deducted and withheld from Oscar Renda's Contract for their failure to execute this portion of the agreement. The initial maintenance agreement terms indicated the period of performance should have started on September 1 , 2016 but did not occur. Staff concurs that an acceptable remedy is to execute a new contract with Smith Pump Company reflective of the new period of performance which will start upon approval of this motion. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Finance(Purchasing), Utilities FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years Totals Line Item Budget $88,500.00 $972,762.00 $1,061,262.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $88,433.00 $972,762.00 $1,061,195.00 BALANCE $67.00 $0.00 $67.00 Fund(s): Water Fund 4010 Comments: The initial contract is for an amount not to exceed $636,717.00, of which $88,433.00 is funded in the Water Fund 4010 in FY2017-18 budget. The total contract value will be $1 ,061 ,195.00 if option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheets Service Agreement Price Sheet - Smith Pump City of Corpus Christi Smith Pump Company, Inc. Purchasing Division Austin, Texas Sr. Buyer: John Elizondo No. Description Qty Unit Cost 1 River Pump Station 3-Year Maintenance Service 1 EA $284,471.00 2 Booster Pump Station 3-Year Maintenance Service 1 1 EA $352,246.00 Totall $636,717.00 BI-0198-13 CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION MARY RHODES PHASE 2 PRE-PURCHASE OF PUMPS&MOTORS SMITH PUMP COMPANY,INC. �SULZER PUMPS(US),INC. WEIR FLOWAY,INC. Austin,TX Brookshire,TX Fresno,CA UNIT TOTAL UNIT TOTAL UNIT TOTAL ITEM DESCRIPTION QTY. UNIT PRICE PRICE PRICE PRICE PRICE PRICE River Pump Station 1 Vertical Turbine Pumping Unit-Approx.10,417 gpm capacity 1 Each $453,364.00 $453,364.00 $598,060.00 $598,060.00 NO BID NO BID 2 Vertical Turbine Pumping Unit-Approx.21,528 gpm capacity 2 Each $587,595 $1,175,190.00 $530,690.00 $1,061,380.00 NO BID NO BID 3 Maintenance Agreement 1 Each $284,471 $284,471.00 $399,990.00 $399,990.00 NO BID NO BID 4 Testing of Pumps&Motors 1 Each $46,554 $46,554.00 Included $0.00 NO BID NO BID River Pump Station Subtotal $1,959,579.00 $2,059,430.00 NO BID Booster Pump Station 5 Vertical Turbine Pumping Unit-Approx.10,417 gpm capacity 1 Each $367,023 $367,023.00 $557,580.00 $557,580.00 $472,284.00 $472,284.00 6 Vertical Turbine Pumping Unit-Approx.15,972 gpm capacity 3 Each $651,074 $1,953,222.00 $541,450.00 $1,624,350.00 $757,947.00 $2,273,841.00 7 Maintenance Agreement for Booster Pump Station 1 Each $352,246 $352,246.00 $517,410.00 $517,410.00 $120,000.00 $120,000.00 8 Testing of Pumps&Motors 1 Each $85,126 $85,126.00 Included $0.00 $23,875.00 $23,875.00 Booster Pump Station Subtotal $2,757,617.00 $2,699,340.00 $2,890,000.00 9 Deduction if Awarded Pumps&Motors for the River and 1 Each -$162,752 -$162,752.00 NO BID $0.00 NO BID $0.00 Booster Pump Stations TOTAL: $4,554,444.00 $4,758,770.00 $2,890,000.00 �'�Deemed non-responsive and eliminated from consideration for failure to meet minimum requirements SC 0 > SERVICE AGREEMENT NO. 1657 U MARY RHODES PHASE 2 - PUMPS AND MOTORS �18524� MAINTENANCE THIS Mary Rhodes Phase 2 Pumps and Motors Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Smith Pump Company, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Pumps and Motors Maintenance in response to Request for Bid/Proposal No. BI-0198-13 ("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 Mary Rhodes Phase 2 Pumps and Motors Maintenance ("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 thirty-six months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $636,717.00, 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: Name: LJ Francis Department: Utilties/Water Resources Phone: 361 .826.1670 Email: LarijaiFCcctexas.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: LJ Francis Title: City Project Manager for Water Resources Address: 2726 Holly Rd, Corpus Christi, TX 78415 Phone: 361 .826.1670 Fax: 361 .826.1715 IF TO CONTRACTOR: Attn: L Granger Smith, P.E. Title: C.E.O. Address: 301 MB Industrial, Woodway, TX 76712 Phone: 254.776.0377 Fax: 254.776.0023 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 The Maintenance of the pumps shall be as outlined in the following schedule: Equipment Senrioe 5dhedule mm Nv6 Equipment Service Description Frequency special lnsti uctic rds Note I htertiml Turbine Pumps a. Checkpacking lubrication piping Quarteirly b_ checkandAcriust Pading rlarwJ5 Quarterly c. Replace pacidrig Oands special As needed d_ check CouIA ing alignment Annually e Check hold down belts an pumps and motors for proper Quarterly f. Clean Drains special As needed h Meamreuibra cln Annually i Pull and Inspect Pumps special within 5 sodas of maintenance agreement end date j. Pump Performance Testing Special within 5 mcaft of maintenance ogreement end date k. Check Impeller Ciearanre Quarterly m. €heckshaftseal UNNIIeFly FL check for wise nrvibratwns Quarterly OL Veri RTF}RL-diW garter p. Ensure no fluid or lubricant leaks Quarterly Check ail lubricant level gararter r. checkatociliaiirysuppliesiffitted Quarterly s check for bearing lubricant change due to pump yc.mi anrwall operartion record t .11REPeCtilliM Of bowlassembly Special Every Ito 5 years 2 Pump folatcrs a. checkod levels ciparterly b. change oil Semi annual) oe nds on run time c. clean air intake and exh@LEO Quarterly d_ ve*allcoveFsaireinplaEeandsecLire Quarterly e_ check for ,lubrication O"arteirly f_ check bearing temperature rise quarter g Check Phase,voltager frequency,and pDwer quarterly €arsum 'on h_ check for adornsPGU on intEM1131nineCting Wiring Quarteirly I. Checkelectriml conrermns quarte In.pert and dean rratar ends,windings,and fan blades 25 vaars afteir l' installation k. Check resistance of Windings Semi-annual) I. Check cable insulation resistance Semi-annual) m. VErKV motor heaters yank semi-annual) FL check bearing codinE Fines acrd€ails Quarterly o_ Rotate PLffnp Shaft by Hand ciparterly Inspecom of motor Annuall CL Check for abrasive or electrilcal ly conducting dusts semi-annuallyDue to unsuswl service r check for Proper ventilation against dirt accumulation or Semi-anrkuafly Due to utsusual service eirowth s. rieasuFevibrations AnnLially Nlvtes i I All testing and measurements shall be done in accordance with the technical specifications44 42 56.02,3.03 2 Equipment Service Requirements Mary Rhodes Pipeline Phase 2—Pumps and Motors Attachment B - Schedule of Pricing River Pump Station Maintenance Agreement 3 years $284,471 .00 Booster Pump Station Maintenance Agreement 3 years $352,246.00 Total $636,717.00 Attachment C - Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. Commercial General Liability including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form $1 ,000,000 Aggregate 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' COMPENSATION Statutory and complies with Part II of thi (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employer's Liability $500,000 / $500,000 / $500,000 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. 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 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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 Mary Rhodes Phase 2 Pumps and Motors Maintenance Services Only 04/18/2018 sw Risk Management Attachment D - Warranty Not applicable to this agreement. -- CITY COUNCIL EXECUTIVE SUMMARY Council Priority. STREETS Presenter(s): Valerie H. Gray, P.E., Executive Director of Public Works Jeff Edmonds, P.E., Director of Engineering Services \, Andres Leal Jr. P.E. Director of Street Operations Meeting Date Agenda Category Legistar ID May 22, 2018 Briefing/Presentation 18-0559 Agenda Title: Update on Proposed Bond 2018 SUMMARY ➢ Update on proposed Bond 2018 project and implementation status SUPPORTING DOCUMENTS ➢ Presentation FUTURE ACTIONS ➢ None VG/asg Rev.0—04/25/18 1 Proposed 2018 B@ND W W W.CCTEXAS.COM Update Council Presentation May 22, 2018 Initial Program B@ND July 13, 2017 Workshop TAX INCREASE UTILITY INCREASE 7 (per$100) (Residential Only) (Per month) 1 STREETS 23 52.0 M $-0- $2.00 2 ADDITIONAL STREETS 13 22.0 M $0.01 $0.82 3 PUBLIC SAFETY& 13 22.0 M $0.01 $0.00 FACILITIES TOTAL BOND 49 $96.01VI $0.02* $2.82** * Equates to$20.00 increase in property tax for$100K home per year. **$2.82 x 12 Months=$33.84 Annually Propositions BGND Summary of Changes ➢ Proposition 3 Divided ✓ Bond Counsel recommendation o Only"Like' projects in Proposition ➢ Proposition Identification ✓ June 2017 Legislative Change ✓ Senate Bill 957—Numbering/Lettering of Propositions ✓ "For a non-statewide proposition, the authority ordering the election must assign a letter of the alphabet to each proposition that corresponds with that proposition's order on the ballot. All propositions must also identify the name of the authority ordering the election." 3 Current Program B@ND PropositionsDESCRJI, # BUDGET PROP. DESCR. L. ROJ '. LGET 1 STREETS 23 52.0 M A STREETS 2e 52.0 M 2 ADDITIONAL 13 22.0 M B ADDITIONAL 22.0 M STREETS STREETS 3 PUBLIC SAFETY& 13 22.0 M C PARK& FACILITIES RECREATION TOTAL BOND 49 $96.01M D LIBRARY& 3.9 M CULTURAL FACILITIES E PUBLIC FACILITIES 2.4 M F PUBLIC SAFETY 11.3 M TOTAL BOND 0: $96.01M n Implementation Plan BGND Approved by Council August 15, 2017 ➢ Address Harbor Bridge Related Streets ✓ $4.1 Million ✓ Bv end of 2017 ➢ Prepare Preliminary Feasibility Reports ✓ Obtain more accurate scopes&project estimates ✓ $2 M for Three(3)Propositions ✓ Approximately 4-6 months to complete ➢ Obtain Stakeholder input ✓ Define&prioritize projects ➢ Pre-design Projects- to Expedite Project Implementation ✓ Obtain funding$5M o 3 to"shovel ready' o 6 to approximately 60% ✓ RFQ for Architects/Engineers ✓ "Shovel Ready'Project selection by late summer 2017 ✓ Approximately 12 months for design(start no later than January 2018) 5 Street Propositions (A & B) BOND Development Summary ➢ FEASIBILITY REPORTS ✓ Completed for all projects ✓ 10% Contingency included budgets ✓ Street projects address traffic signal improvements ✓ Street projects include lighting considerations ✓ Identifies which utilities will be improved (costs not in GO Bond) ✓ Public Safety&Traffic Congestions(capacity) considerations ➢ STAKEHOLDER INPUT ✓ Priority Project Scopes o North Beach $2 M-3 new projects +added to 1 existing o Downtown $1.5 M- 3 projects o Padre Island $1.5 M -3 projects Proposition 1 BGND July 13, 2017 PROPOSITION 1-STREETS # FROM TO DISTRICT COST TOTAL 1 LEOPARD ST PALMDR NUECES BAY BLVD 1 $ 3,10D,000 2 CALALLEN DR RED BIRD LN BURNING TREE LN 1 $ 1,100,000 3 CALLICOATTE RD UP RIVER RD IH 37 1 $ 900,000 4 BEACH AVE DEAD END ATGULFBREEZE BLVD ECAUSEWAY BLVD 1 $ 800,000 5 NORTH BEACH ACCESS MGMNT I NITIATIVE U MITTBD PENDING STUDY 1 $ 2,000,000 $ 7,900,000 6 SSTAPLES ST KOSTORYZ RD BALDWIN BLVD 2 $ 6,500,000 7 BRAWNER PKWY KOSTORYZ RD CARROLL LN 2 $ 3,000,000 8 SWANTNER DR TEXAN TR INDIANAAVE 2 $ 2,500,000 $ 12,000,000 9 EVERHART RD SPADRE ISLAND DR HOLLYRD 3 $ 5,300,000 10 GOLLIHAR RD CROSSTOWN EXPWY GREENWOOD DR 3 $ 3,750,000 11 FRIO ST/HACALA ST/DORADO ST CORRIDOR GREENWOOD DR MARTIN ST 3 $ 1,600,000 rs 10,650,000 12 LAGUNA SHORES RD SPADRE ISLAND DR GRAHAM RD 4 $ 2,100,000 13 LAGUNA SHORES RD HUSTUN,HORNETDR CARIBBEAN DR 4 $ 2,800,000 14 HOLLY RD PAULIONES AVE RODD FI ELD RD 4 $ 3,000,000 $ 7,900,000 15 SLOUGH RD RODD FIELD RD EASTTO DEAD END 5 $ 2,100,000 16 UPES BLVD YORKTOWN BLVD STAPLES 5T 5 $ 2,900,000 17 WOOLDRIDGE RD CASCADE DR EVERHART RD 5 $ 1,700,000 18 STRASBOURG DR RIOMST MARSEILLE DR 5 $ 1,500,000 $ 8,200,000 19 TXDOT PARTICIPATION/TRAFFIC CONGESTION MGMNT $ 1,250,000 20 TRAFFIC SIGNAL IMPROVEMENTS $ 1,000,000 21 STREET LIGHTING IMPROVEMENTS $ 500,000 22 ALTERNATIVE MOBIUITY(CITY MATCH) $ 250,000 23 ADA IMPROVEMENTS(SPMP) $ 2,350,000 $ 5,350,000 TOTAL $52,000,000 Proposition A BGND Summary of Changes ➢ Project Budgets refined based on Feasibility Results ➢ North Beach Access Management Initiative - $2 Million ✓ Stakeholder input ✓ Expanded to 4 Projects o Beach Avenue (Prop 1) - 4.'- added bike mobility improvements ($ 200K) o North Beach Area Primary Access ($1,250K) o North Beach Pedestrian/Bike Gulfspray Ave Access ($ 300K) o North Beach Coastal Protection ($ 250K) ➢ Project Limit Adjustments: Project Previous Limits Current Limits Holly Rd. Paul Jones Ave.to Rodd Field Rd. Ennis Joslin Rd.to Rodd Field Rd. Slough Rd. Rodd Field Rd.to East to Dead End Rodd Field Rd.to Amethyst Dr. Lipes Blvd. Yorktown Blvd to Staples St. Yorktown Blvd.to Sun Wood Dr. Strasbourg Dr. Riom St.to Marseille Dr. Riom St.to Grenoble Dr. 8 Proposed Proposition A B@ND Holly Road: Ennis Joslin Road to Rodd Field Road i �' SCALE,NT.S, oaa �; HOLLY ROAD ; � r f �o 9 Proposed Proposition A B@ND Slough Road: Amethyst Drive to Rodd Field Road «,. M Q D u scn�e.NTs. a � f SLOUGH ROAD cr �a a 'd �C a c 0 Proposed Proposition A B@ND Lipes C• Boulevard to Sunwood LIPES BLVD l � " h►...•� � •��, . iA � �` _ � .YID � ..',i�/� Proposed Proposition A BQ'IND PROPOSITION A-STREETS # FROM TO DISTRICT COST TOTAL 1 LEOPARD ST PALM DR NUECES BAY BLVD 1 $3,100,000 2 CALALLEN DR RED BIRDLN BURNINGTREEW 1 $ 1,050,000 3 CALLICOATTE RD UP RIVER RD IH 37 1 $ 900,000 4 BEACHAVE DEAD ENDATGULFBREEZE BLVD ECAUSEWAYBLVD 1 $ 1,0001000 5 N.BEACH AR EA PRIMARYACCESS BEACH&TIMON SURFS]DE ACCESS RD 1 $ 1,250,000 6 N.BEACH GULFSPRAYPED./BIKE ACCESS BEACH ACCESS E.CAUSEWAY BLVD 1 $ 300,000 7 N.BEACH COASTAL PROTECTION BREAKWATER BARRIER 1 $ 250,000 $ 7,850,000 8 SSTAPLESST KOSTORYZ RD BALDWIN BLVD 2 $6,650,000 9 BRAWNER PKWY KOSTORYZ RD CARROLLW 2 $3,000,000 10 SWANTNER DR TEXAN TR INDIANAAVE 2 $2,600,000 $ 12,250,000 11 EVERHARTRD SPADRE ISLAND DR HOLLY RD 3 $5,300,000 12 GOLUHAR RD CR05STOWN EXPWY GREENWOOD DR 3 $3,700,000 13 FRIO ST/HACALA ST/DORADO STCORRIDOR GREENWOOD DR MARTIN ST 3 $ 1,600,000 $ 10,600,000 14 LAGUNASHORES RD SPADREISLANDDR GRAHAM RD 4 $2,050,000 15 LAGUNA SHORES RD HUSTUN'HORNET DR CARIBBEAN DR 4 $2,800,000 16 HOLLY RD ENNIS IOSLIN RD. RODD FI ELD RD 4 $3,050,000 $ 7,900,000 17 SLOUGH RD AMETHYST DR. RODDFIELD RD 5 $2,200,000 18 UPES BLVD YORKTOWN BLVD SUN WOOD DR 5 $2,650,000 19 WOOLDRIDGE RD CASCADE DR EVERHART RD 5 $ 1,700,000 20 STRASBOURG DR GRENOBLE ST RIOMST. 5 $ 1,500,000 $ 810501000 21 TXDOT PARTICIPATION/TRAFFIC CONGESTION MGMNT $ 1,250,000 22 TRAFFIC SIGNAL IMPROVEMENTS $ 1,000,000 23 STREET LIGHTING IMPROVEMENTS $ 500,000 24 MOBILITY CC IMPLEMENTATION $ 250,000 25 ADAIMPROVEMENTS $2,350,000 $ 5,350,000 TOTAL $52,000,000 13 Proposition 2 BGND July 13, 2017 PROPOSITION 2-ADDITIONAL STREETS # FROM TO DISTRICT COST TOTAL 1 DOWNTOWN MGMNT DISTRICT IMPROVEMENTS TBD-TIRZ NO 3 STUDY 1 $ 1,500,000 2 NORTH LEXINGTON BLVD LEOPARDST HOPKINS RD 1 $ 2,500,000 $ 4,000,000 3 EVERHARTRD SPADRE ISLAND DR MCARDLE RD 2 $ 1,250,000 4 ALAMEDAST CHAMBERLAIN ST LOUISIANAAVE 2 $ 2,500,000 $ 3,750,000 5 MCARDLE RD KOSTORYZRD CARROLLLN 3 $ 1,225,000 6 CASTENON ST TRDIAN DR DELGADO 5T 3 $ 1,000,000 7 JIUNIOR BECK DR BEAR LANE DEAD END 3 $ 1,500,000 $ 3,725,000 8 PADREISLANDACCESSMGMNT INITIATIVES TBD-MPO/CITYACCESS MGMNTSTUDY 4 $ 1,500,000 9 AIRLINE RD SPADRE ISLAND DR MC ARDLE RD 4 $ 2,100,000 10 LAGUNA SHORES RD MEDITERRANEAN DR WINDALEST 4 $ 2,875,000 $ 6,475,000 11 SOUTH OSO PKWY 5STAPLES ST SOSO PKWY 5 $ 450,000 12 LONGMEADOWDR STANDREWS DR HUNTDR 5 $ 1,600,000 $ 21050,000 13 DEVELOPER PARTICIPATION ALL $ 2,000,000 $ 21000,000 TOTAL $ 22,000,000 14 Proposition B BGND Summary of Changes ➢ Project Budgets refined based on Feasibility Results ➢ Downtown Management District - $1.5 Million ✓ Stakeholder input ✓ Expanded to 3 Projects o Downtown Pedestrian Safety Improvements ($850K) o Downtown Traffic Management Improvements ($500K) o Downtown Lighting Improvements ($150K) ➢ Padre Island Access Management Initiatives- $1.5 Million ✓ Stakeholder input ✓ JFK Causeway Access Road Improvements ($425K) ✓ PR 22 S.Access Road(Commodore Dr. to Jackfish Ave.) ($850K) ✓ PR 22/Sea Pine Drive Intersection ($225K) 1s Proposed Proposition B BOND p p PROPOSITION B-ADDITIONAL STREETS # FROM TO DISTRICT COST TOTAL 1 DOWNTOWN PEDESTRIAN SAFETY IMPROVEMENTS 1 $ 850,000 2 DOWNTOWN TRAFFIC MANAGEMENT IMPROVEMENTS 1 $ 500,000 3 DOWNTOWN LIGHT I NG IMPROVEMENTS 11501000 4 NORTH LEXINGTON BLVD LEOPARD ST HOPKINS RD 1 $2,400,000 $ 3,900,000 5 EVERHARTRD SPADRE ISLAND DR MCARDLE RD 2 $1,170,000 6 ALAMEDA ST CHAMBERLAIN ST LOUISIANAAVE 2 $2,587,000 $ 3,750,000 7 MCARDLERD KOSTORYZ RD CARROLL LN 3 $1,325,000 8 CASTENONST TROJAN DR DELGADO ST 3 $1,100,000 9 JUNIOR BECK DR BEAR LANE DEAD END 3 $1,400,OOD $ 3,875,000 10 1FKCAUSEWAYACCESS ROAD IMPROVEMENTS 4 $ 425,000 11 PARK ROAD 22SOUTH ACCESS ROAD COMMODOREDRIVE JACKFISHAVENUE 4 $ 850,000 12 PARK ROAD 22/SEA PINES DRIVE INTERSECTION 4 $ 225,000 13 AIRLINE RD SPADRE ISLAND DR MCARDLERD 4 $2,100,OOD 14 LAGUNASHORES RD MEDITERRANEAN DR WYNDALEST 4 $2,875,000 $ 6,475,000 15 SOUTH OSO PKWY SSTAPILES ST SOSO PKWY 5 $ 450,000 16 LONG MEADOW DR STANDREWS DR HUNTDR $1,600,OOD $ 2,050,000 17 DEVELOPER PARTICIPATION ALL L $2,000,000 $ 2,00,000 TOTAL $ 22,000,000 16 Proposition 3 BOND Expanded Into 4 Propositions (C,D,E & F) PROPOSITION C-PARK&RECREATION # COST TOTAL 1 SENIOR CENTERS $1,724,000 2 RECREATION CENTERS $ 458,222 PREVIOUS 3 PARTICIPATION PROJECTS $ 750,W0 PROPOSITION 3-PUBLIC SAFETY&FACILITIES 4 'ARKS EM PLAYGROUNDS $ 7SD, 5 OSO POOL AQUATICS CENTER $ 50,000 # COST TOTAL 6 GREENWOOD SPORTS COMPLEX $ 610,000 POLICE&FIRE TOTAL $ 4,342,222 1 POLICE DEPARTMENT COMMUNICATIONS SYSTEM UPGRADE $2,400,000 - 2 FLO UR BLUFF PO H CE SUBSTATI ON ALTERATI O NS/EXPANSION $ 800,000 PROPOSITION D-LIBRARIES&CULTURAL FACILITIES 3 F)REDEPARTMENTEMERGENCYPOWERUPGRADES $ 300,000 # COST TOTAL 4 fI RE DEPARTMENT DRIVEWAY AND APPARATUS BAY IMPROVEMENTS $ 900,000 1 LIBRARIES $2,216,581 $ 4400000 2 MUSEUMOF SCIENCE&HISTORY $ 820,000 GENERALFACILITV RENOVATIONS 3 ARTMUSEUMOFSOUTHTEXAS $ 385,0X1 5 PARKING RENOVATIONSAND UPGRADES $2000000 4 HERITAGEPARK-HISTORICAL HOUSES $ 455,900 6 MECHANICAL,ELECTRICALAND FIRE ALARM UPGRADE PROJECTS $4,100,900 TOTAL $ 3,877,480 7 ROO F REPLACEMENTAND UPGRADE PROJECTS $4,950,000 PROPOSITION E-PUBLIC FACILITIES 8 ADA BUILDING IMPROVEMENTS PROJECTS $ 750,000 # COST TOTAL 9 ELEVATOR MODERNIZATION AND UPGRADES $1,500,000 1 HEALTH DE PAR TM ENT BUI LDI N G $1,148,883 10 INTERIOR/EXTERIOR UPGRADES $1,800,000 2 CITYHALL $ 938,339 3 FLEETOPEftATONS BUILDING $ 50,000 $ 15,100,000 4 STRATEGIC FACILITY PLAN $ 300,fJ00 PARK&RECREATION FACILITIES 11 �PARK&RECREATIONAND SENIOR CENTER PARTICIPATION PROJECT $ 750,000 TOTAL $ 2,437,222 12 PARK SYSTEM PLAYGROUND IMPROVEMENT PROJECTS(3) $ 750,000 PROPOSITION F-PUBLIC SAFETY 13 SPORTS FIELD AND LIGHTING SYSTEM IMPROVEMENTS PROJECTS(9) $1,000,000 # COST TOTAL $ �500000 1 POLICEDEPT COMMUNI CATION SYSTEM UPGRADE $2,4(10,0(10 TOTAL $22,000,000 2 POLICE HEADQUARTERSBUILDING $2,310,013 3 POLICE SUBSTATIONS-FLOUR BLUFF&HOLLY ROAD $ 480,980 4 FIRE HEADQUARTERS&DOC $1,291,000 5 EMS CENTRAL $ SOO,WO 6 FIREDEPARTMENTWAREHOUSE $ 128,960 7 FIRESTATIONS $4,232,123 TOTAL $ 11,343,076 PROPOSITION C THROUGH F TOTALI$22,000,000 17 Propositions C, D, E & F BGND Summary of Changes ➢ 4 Propositions ✓ Bond Counsel Recommendation o "Like' projects in each Proposition ➢ Proposition Groupings ✓ C-Park&Recreation ✓ D-Libraries & Cultural Facilities ✓ E -Public Facilities ✓ F -Public Safety ➢ Project Name Revisions ✓ Replaced general work type project groupings ✓ Identified projects by location (where possible) o Provided Work Description is 2018 BOND Information Guide B@ND ➢ Multi - Page Colored Brochure ✓ General Information o Early voting locations o Frequently Asked Questions(FAQs) o Brief Summary ✓ Program Summary ✓ Detailed Project Descriptions (by Proposition) ➢ English & Spanish Translation ➢ Distributed after August 14, 2018 (ordinance Approval) ➢ Available to Public at Several Locations �1 Draft Bond Ordinance & Guide B@ND ➢ ORDINANCE: ✓ Adopted 78-90 days before the Election ✓ Adopts the Ballot Language ✓ Allows City to spend $ for Projects ✓ Broader Project Description Level to Protect City Contracting Ability ➢ INFORMATION GUIDE: ✓ Not Adopted ✓ Educate voters on Proposed Projects ✓ Provides Detailed Project Work Descriptions KEY Next Steps B@ND p ➢ Jun 2018 - Finalize ballot & guide language ➢ Jun 2018 - Presentation to Planning Commission ➢ Jul 31, 2018 - Council review final draft Ordinance calling Election ➢ Aug 14, 2018- Council approve Ordinance calling Election (one reading action item) ➢ Aug 2018 - Information Guide available for Public distribution ➢ Oct 22, 2018 - First day of Early Voting ➢ Nov 2, 2018 - Last day of Early Voting ➢ Nov 8, 2018 - Election Day _, Bond 2018 BGND Project Implementation Schedule 2018 2019 TASK I A IS 10 N D J F MIA IMI J J A S O N D Months from election: 1 2 3 4 5 6 7 8 9 10 11 12 13 Election Day Reimbursement Resolution approved by Council Advertise for Bids—100%Designed Projects(3)* Construction Contracts awarded—100%Designed Projects Construction Starts—100%Designed Projects Design Complete—60%Designed Projects(6) Advertise for Bids—60%Designed Projects Construction Contracts Awarded—60%Designed Projects Construction Starts—60%Designed Projects *NOTE: Projects are staggered to approximately 2 per month to maximize competitive pricing opportunities. B@ND Questions? "Continuing to Build Our Future" SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 for the City Council Meeting of May 22, 2018 DATE: May 10, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director Development Services Department NinaM@cctexas.com (361) 826-3276 Floodplain Management Update STAFF PRESENTER(S): Name Title/Position Department Nina Nixon-Mendez Director Development Services BACKGROUND: Provide an overview of Preliminary Flood Insurance Rate Map progress and upcoming Council action items. LIST OF SUPPORTING DOCUMENTS: Presentation- Floodplain Management Floodplain Management Update City Council Presentation May 22, 2018 Flood Hazard Mitigation Committee • Community Rating System activity. • Voluntary incentive program • Provides flood insurance premium discounts forgoing beyond minimum standards • Committee will develop and maintain two plans. • Program for Public Information (PPI) • Flood Insurance Coverage Improvement (CPI) • Program for Public Information • Public information plan • Flood safety • Protecting the natural functions of a floodplain • Coverage Improvement Plan • Promote flood insurance to property owners that are not required by a federally backed mortgage to carry flood insurance Preliminary Flood Insurance Rate Map Update �I • The City of Corpus Christi received Preliminary Flood Insurance Rate Maps on October 23, 2015. • June 2016 FEMA published notices of a 90-day appeal period in the Corpus Christi Caller Times. • The appeal period started on June 16, 2016 and ended September 13, 2016. �I • We anticipate that FEMA will provide notice of Revised Preliminary Flood Insurance Rate Maps (R-FIRMS) on May 30, 2018. • There will be an additional 30-day appeal period for portions of Nueces County. • Maps cannot move to final adoption until the 30-day appeal period is complete and revisions are made preliminary. Preliminary vs Appeal Map U � y Lege d Appeal - � Food Zone.Floodway Preliminary � `� Flood Zbne.Floodway ' <E Preliminary Numbers from Oso Creek Appeal Zone A Zone A w/Floodway Preliminary 807 111 Revised Preliminary 392 100 Decrease 415 11 • Notification of the revised preliminary maps will go out to property owners in the appeal area. • Conduct open house meetings. Flood Insurance Rate Maps- Path Forward May 30, 2018 Revised Preliminary Flood Insurance Rate Maps Sent to Community *June—August 2018 Notice of appeal for Nueces County *June-July 2018 Notice to properties in appeal area *September 2018 Appeal period closes If there are no further appeals: August—December 2018 Ongoing community outreach *January 2019 Letter of Final Determination from FEMA *February 2019 Brief Building Board Code of Appeals *March 2019 Brief Planning Commission *April—May 2019 Council Consideration * Anticipated dates contingent on action by FEMA. 0 Preliminary Flood Insurance Rate Map and Higher Standard Adoption Preliminary Map Adoption • Municipalities have the option of adopting the preliminary FIRMS for construction purposes. • Adopting the preliminary FIRMS for construction purposes protects the homeowner from paying higher flood insurance premiums once the final FIRMS are adopted and effective. • Currently, the preliminary FIRMS are used as best available data as an advisory, but since they are not adopted we cannot enforce compliance at building permit and construction. Proposed Higher Standard • The preliminary FIRMS indicate a Limit of Moderate Wave Action (LiMWA) which is a newly created zone. • Municipalities have the option to adopt the LiMWA. • LiMWA is an area directly behind a velocity zone and is anticipated to have a wave height of 1.5 feet to 3 feet. • Development within this zone would have to meet velocity zone standards which would require the structure to be elevated with piers, pilings, or columns without the use of structural fill. • Adopting the LiMWA is considered a higher standard and would provide an additional 500 Community Rating System (CRS) points LiMWA Impacts Properties Impacted: 1,836 Acreage of LiMWA: 13,142 Acreage of Wetlands within the LiMWA 8,302 63% of the Proposed LiMWA is made up of Wetlands �pUs CN O � LiMWA • F Miles ��1. Preliminary Map and Higher Standard Path Forward June-July 2018 Notify property owners in the appeal area. August 2018 Brief Planning Commission on Preliminary Flood Insurance Rate Maps and LiMWA June—August 2018 Open house meetings in the appeal area and areas impacted by LiMWA September 2018 Preliminary Flood Insurance Rate Maps and LiMWA to Council for action Proposed Higher Standard • Currently a Class 7 • Provides a 15% to Special Flood Hazard Area flood insurance premiums. • Establishing a Program for Public Information Plan provides a maximum credit of up to 100 points. • Establishing a Flood Insurance Coverage Improvement Plan provides a maximum credit of up to 60 points • Adopting the LiMWA provides 500 points. �o AGENDA MEMORANDUM /NOflPORPT E� Emergency Ordinance for the City Council Meeting of May 22, 2018 TS52 DATE: May 18, 2018 TO: Keith Selman, Interim City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361-826-7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361-826-1348 Acceptance of the Laboratory Response Network (LRN)—Public Health Emergency Preparedness (PNEP) Grant Amendment in the amount of$201,123.00, and appropriation of the funds for the contract period July 1, 2018 through June 30, 2019 CAPTION: Ordinance authorizing the City Manager and/or Director of Public Health to accept an amendment to a grant contract for the Community Preparedness Section-Laboratory Response Network-Public Health Emergency Preparedness grant in the amount of $201,123.00 with a City in-kind match of $20,113.00 to provide continued emergency preparedness and response laboratory activities; and declaring an emergency. PURPOSE: To pay for personnel costs, supplies and other expenses to provide a Public Health Emergency Preparedness Laboratory Response Program relating to maintain and support an action plan to respond to an act of bio-terrorism and biological threats in the community. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant contract amendment in the amount of $201,123.00 to maintain the LRN laboratory activities within the Corpus Christi-Nueces County Public Health District beginning July 1, 2018 through June 30, 2019 for the purchase of supplies, equipment, travel expenses and personnel salary with fringe benefits to support the preparedness and response activities enabling expedient and appropriate response to events of public health consequences. ALTERNATIVES: Discontinue LRN laboratory response network activities and thereby cause a delay in or prevent expedient and appropriate response to public health threats. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense X Revenue ❑ CIP Project to Date Fiscal Year: Expenditures Current Year Future Years TOTALS 2017—2018 (CIP only) (Estimated) (Estimated) (Estimated) Line Item Budget Encumbered / Expended Amount This item $50,280.75 $150,842.25 $201 ,123.00 BALANCE $50,280.75 $150,842.25 $201,123.00 Comments: No fiscal impact to General Fund. Grant award of $201,123 requires a 10% ($20,112.00) indirect in-kind match. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY/ NON-EMERGENCY: Emergency. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. 537-18-0147-00001 (Amendment No. 01) Ordinance Ordinance authorizing the City Manager and/or Director of Public Health to accept an amendment to a grant contract for the Community Preparedness Section— Laboratory Response Network—Public Health Emergency Preparedness grant in the amount of $201,123.00 with a City match of $20,113.00 to provide continued emergency preparedness and response laboratory activities; and declaring an emergency. WHEREAS, the City of Corpus Christi finds that it is in the best interest of the citizens of Corpus Christi to accept a grant for Tuberculosis Prevention and Control from the Texas Department of State Health Services for the Nueces County-Corpus Christi Public Health District; and WHEREAS, failure to adhere to the award conditions will cause the Nueces County- Corpus Christi Public Health District to be considered in default of the grant agreement, and may require the return of all federal funds disbursed under the grant. Be it ordained by the City Council of the City of Corpus Christi,Texas: Section 1: The City Manager or designee and/or Director of Public Health is authorized to execute all documents necessary to accept an amendment to a grant contract for the Community Preparedness Section — Laboratory Response Network — Public Health Emergency Preparedness (CPS-LRN-PHEP) grant in the amount of $201,123.00, increasing the total amount to $402,246.00, from the Texas Department of State Health Services with a City match of $20,113.00, increasing the total match amount to $40,226.00 in the Health Grants Fund No. 1066, for the amended contract period of July 1, 2017, through June 30, 2019, to provide continued emergency preparedness and response laboratory activities. Section 2: That the increased grant amount of $201,123.00, is appropriated in the No. 1066 Health Grants Fund to continue the TB/PC-FED grant in the Health Department. Section 3: The amendment includes revisions to Section 3. Duration; Section 4. Budget; Section 6. Legal Notices; Section 7. Additional Grant Information; Section 8. Notice to Proceed; Attachment B, Budget; Attachment A.1, FY2019 Statement of Work is added. Section 4: Further the City Council ratifies acceptance of the grant to begin as of July 1, 2018. A copy of the executed grant shall be filed in the office of the City Secretary. Section 5. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 22nd day of May 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor day of ' 2018. Corpus Christi, Texas day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Joe McComb Mayor Council Members The above ordinance was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith DocuSign Envelope ID:C21FEB96-6432-4B8E-AF85-25F3AAA009A0 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No.537-18-0147-00001 AMENDMENT No.01 RENEWAL THE DEPARTMENT OF STATE HEALTH SERVICES ("System Agency") and CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY)("Grantee"), who are collectively referred to herein as the "Parties" or singularly as the "Party," to that certain grant contract to provide funding for Level 3 chemical laboratory surge capacity activities, effective July 1, 2017, and denominated System Agency Contract No. 537-18-0147-00001 ("Contract'), now desire to amend the Contract. WHEREAS, System Agency has elected to extend the term of the Contract an additional Fiscal Year to allow continued support of the projects in accordance with Section III of the Contract Signature Document; WHEREAS,the Parties desire to correct the numbering in the Signature Document; WHEREAS,the Parties desire to specify the legal authority; WHEREAS, the Parties desire to revise the Budget to add funds for the Contract period beginning July 1, 2018,through June 30,2019 ("Fiscal Year 2019"or"FY2019");and WHEREAS,the Parties desire to add the FY2019 Statement of Work. NOW,THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. The section numbering in the Signature Document is hereby corrected to reflect a sequential order. 2. SECTION III of the Signature Document,DURATION,is hereby amended to reflect a revised termination date of June 30,2019. 3. SECTION IV of the Signature Document, BUDGET, is hereby amended to add TWO HUNDRED ONE THOUSAND ONE HUNDRED TWENTY-THREE DOLLARS($201,123.00) in System Agency Contract No.537-18-0147-00001 Page 1 of 4 DocuSign Envelope ID:C21 FEB96-6432-4B8E-AF85-25F3AAA009A0 federal funding with the Grantee providing a total of TWENTY THOUSAND ONE HUNDRED THIRTEEN DOLLARS($20,113.00)in match funds, for a revised total Contract amount not to exceed of FOUR HUNDRED TWO THOUSAND TWO HUNDRED FORTY-SIX DOLLARS ($402,246.00). All expenditures under the Contract will be in accordance with the revised budget set forth herein. Funds provided in support of one Contract activity may only be used for that activity and may not be comingled with other funds provided under this Contract. 4. SECTION VI of the Signature Document, LEGAL NOTICES, is amended to replace the System Agency information in its entirety with the following: Department of State Health Services Attention: General Counsel 1100 W. 49`h Street,MC 1911 Austin,TX 78756 5. SECTION VII of the Signature Document, ADDITIONAL GRANT INFORMATION, is supplemented with the following grant information: Federal Award Identification Number(FAIN): 1 NU90TP921879-01-00 Awarding Official Contact Information: Stephany Vento 1600 Clifton Road,MS D29 DSLR Atlanta,GA 30329 Phone: 404-960-9023 DUNS: 069457786 6. The Parties agree to add the following new Section VIII to the Signature Document: VIII.NOTICE TO PROCEED Funding for this Contract is dependent on the award of the applicable federal grant. No FY2019 work may begin and no charges may be incurred until the System Agency issues a written notice to proceed to Grantee.This Notice to Proceed may include an amended or ratified budget which will be incorporated into this Contract by a subsequent amendment, as necessary. Notwithstanding the preceding, at the discretion of the System Agency, Grantee may be eligible to receive reimbursement for eligible expenses incurred during the period of performance as defined by 2 CFR§200.309. System Agency Contract No.537-18-0147-00001 Page 2 of 4 DocuSign Envelope ID:C21FEB96-6432-4B8E-AF85-25F3AAA009A0 7. ATTACHMENT B,BUDGET, is hereby amended by deleting the budget table in its entirety and replacing it with the following: Budget Categories FY18 Budget FY19 Budget Total Budge Summary Summary Summary 7/1/17—6/30/18) 7/1/18—6/30/19) Personnel $96,660.00 $99,077.00 $195,737.00 Fringe Benefits $39,940.00 $42,425.00 $82,365.00 Travel $14,096.00 $10,427.00 $24,523.00 Equipment $0.00 $0.00 $0.00 Supplies $19,567.00 $15,514.00 $35,081.00 Contractual $0.00 $0.00 $0.00 Other $50,973.00 $53,793.00 $104,766.00 Sum of Direct Costs $221,236.00 $221,236.00 $442,472.00 Indirect Costs $0.00 $0.00 $0.00 Sum of Direct Costs $221,236.00 $221,236.00 $442,472.00 and Indirect Costs Less Match(Cash or $20,113.00 $20,113.00 $409226.00 In-Kind) TOTAL $201,123.00 $201,123.00 $402,246.00 It is agreed that Grantee shall provide matching funds in the amount of$40,226.00 for the Contract term. 8. The Parties agree to add ATTACHMENT A.1, FY2019 STATEMENT OF WORK, which is attached to this Amendment and incorporated into the Contract as if fully set forth therein. 9. This Amendment No. 1 shall be effective as of the date last signed below. 10. Except as amended and modified by this Amendment No. 1, all terms and conditions of the Contract shall remain in full force and effect. 11. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS System Agency Contract No.537-18-0147-00001 Page 3 of4 DocuSign Envelope ID:C21FEB96-6432-4B8E-AF85-25F3A4A009A0 SIGNATURE PAGE FOR AMENDMENT No.01 SYSTEM AGENCY CONTRACT NO.537-18-0147-00001 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) By: - David Gruber Name: Associate Commissioner Title: Regional and Local Health Operations Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT A.1 - FY2019 STATEMENT OF WORK ATTACHMENT C - FFATA Approved as to form: /O r l ssistant City Attor For City Attorney System Agency Contract No.537-18-0147-00001 Page 4 of 4 DocuSign Envelope ID:C21FEB96-6432-4B8E-AF85-25F3AAA009A0 ATTACHMENT A.l STATEMENT OF WORK July 1,2018 through June 30,2019 1. GRANTEE RESPONSIBILITIES Grantee will: A. Perform activities in support of the Public Health Emergency Preparedness Cooperative Agreement and the Office of the Assistant Secretary for Preparedness and Response (OASPR)from the Centers for Disease Control and Prevention(CDC).Activities include but are not limited to: continuing Level 3 chemical laboratory surge capacity activities; complying with new Laboratory Readiness Network (LRN) requirements for biological laboratories; coordinating with cross-cutting public health preparedness partners, and analyzing real-time clinical specimens. CDC's five-year Public Health Emergency Preparedness(PREP)—Hospital Preparedness Program(HPP)Cooperative Agreement seeks to align PHEP and HPP programs and advance public health and healthcare preparedness and ensure jurisdictions are capable of providing a standard battery of tests for high priority biological threats and emerging infectious diseases. B. Perform activities in the following counties (hereinafter referred to as the "service area"): San Patricio County,Nueces County,Aransas County,Jim Wells County,Kleberg County, Victoria County,Bee County,Calhoun County,Goliad County,Jackson County,Live Oak County,and Refugio County. C. Comply with new biological laboratory requirements in accordance with the revised CDC policy for LRN-B Reference Level Laboratories.Laboratories must attain and maintain LRN- B Member Standard Level as detailed in the LRN Checklist of Laboratory Requirements. Minimum standards are required for testing capabilities,administrative activities,emerging infectious disease preparedness,and instrumentation and equipment. D. Provide matching funds for each fiscal year of this Contract not less than ten percent(10%) of the allocation amount for each fiscal year. Cash match is defined as an expenditure of cash by the Grantee on allowable costs of this Contract that are borne by the Grantee.In-kind match is defined as the dollar value of non-cash contributions by a third party given in goods, commodities, or services that are used in activities that benefit this Contract's project and that are contributed by non-federal third parties without charge to the Grantee. The criteria for match must: 1. Be an allowable cost under the applicable federal cost principle; 2. Be necessary and reasonable for the efficient accomplishment of project or program objectives; 3. Be verifiable within the Grantee's(or subcontractor's)records; 4. Be documented,including methods and sources,in the approved budget(applies only to cost reimbursement contracts); 5. Not be included as contributions toward any other federally-assisted project or program(match can count only once per fiscal year); System Agency Contract No.537-18-0147-00001 v. 11.15.2016 Page 1 DocuSign Envelope ID:C21FEB96-6432-4B8E-AF85-25F3AAA009A0 ATTACHMENT A.1 STATEMENT OF WORK July 1,2018 through June 30,2019 6. Not be paid by the federal government under another award,except where authorized by federal statute to be used for cost sharing or match; 7. Conform to other provisions of governing circulars/statutes/regulations as applicable for the Contract; 8. Be adequately documented; 9. Follow procedures for generally accepted accounting practices as well as meet audit requirements; and 10. Value the in-kind contributions reported and must be supported by documentation reflecting the use of goods and/or services during the Contract term. Grantee must match funds awarded for this Contract by costs or third party contributions that are not paid by the Federal Government under another award, except where authorized by federal statute to be used for cost sharing or matching. The non-federal contributions (match)may be provided directly or through donations from public or private entities and may be in cash or in-kind donations,fairly evaluated,including plant,equipment,or services. The costs that the Grantee incurs in fulfilling the matching or cost-sharing requirement are subject to the same requirements,including the cost principles,that are applicable to the use of Federal funds,including prior approval requirements and other rules for allowable costs as described in 45 CFR 74.23 and 92.24. E. Notify System Agency in advance of Grantee's plans to participate in or conduct local exercises, in a format specified by System Agency. Grantee will participate in statewide exercises planned by System Agency as needed to assess the capacity of Grantee to respond to bioterrorism, other outbreaks of infectious disease, and other public health threats and emergencies. Grantee will prepare after-action reports, documenting and correcting any identified gaps or weaknesses in preparedness plans identified during exercise, in a form specified by System Agency. F. Cooperate with System Agency to coordinate all planning,training and exercises performed under this Contract with the Governor's Division of Emergency Management of the State of Texas, or other points of contact at the discretion of the Division for Regional and Local Health Operations,to ensure consistency and coordination of requirements at the local level and eliminate duplication of effort between the various domestic preparedness funding sources in the state. G. In the event of a public health emergency involving a portion of the state, Grantee will mobilize and dispatch staff or equipment purchased with funds from the previous PHEP cooperative agreement that are not performing critical duties in the jurisdiction served to the affected area of the state upon receipt of a written request from System Agency. H. Develop, implement and maintain a timekeeping system for accurately documenting staff time and salary expenditures for all staff funded through this Contract,including partial full- time employees and temporary staff. System Agency Contract No.537-18-0147-00001 v. 11.15.2016 Page 2 DocuSign Envelope ID:C21FEB96-64324B8E-AF85-25F3AAA009A0 ATTACHMENT A.l STATEMENT OF WORK July 1,2018 through June 30,2019 I. Maintain a confirmatory bioterrorism testing laboratory with a staff trained and proficient in CDC's LRN biothreat protocols. J. Train other Grantee laboratory staff in setting up and performing all diagnostic and reference testing for select biological agents. K. Provide test samples from identified service area for biothreat agents and toxins. Once biological agent is identified,Grantee will be prepared to test for other infectious agents and for other public health threats and emergencies. L. Test food samples for select biological agents using conventional and advanced bacteriological techniques and CDC-LRN protocols. M. Monitor and evaluate biothreat incidents, outbreaks of infectious disease and other public health threats and emergencies. N. Communicate with all other laboratories within the designated service area. O. Maintain extensive collaboration with local law enforcement,hazardous material and other emergency responders.In addition,Grantee will prepare Standard Operating Procedures and Standard Operating Guidelines(SOPS/SOGs)covering interaction with these agencies in the event of an emergency or incident. P. Maintain extensive collaboration with all hospitals located in the identified service area to plan for response activities for biological threats. LRN service regions can be found here: http: www.dshs.texas.gov'lab.eprLRN.shtm. Q. Review and approve all current preparedness SOPs/SOGs (copy of the titled, dated, and initialed/signed review sheet)for use by the respective laboratories with quarterly reports. R. Utilize System Agency's provided Public Health Laboratory Information Management System (PHLIMS), or a LIMS that has been configured to be compatible with the CDC Results Messenger(RM)reporting system,or CDC RM for reporting biothreat testing and results. This reporting will include sample and laboratory data as well as the final report. S. Prepare provide current information during an incident about status on individual samples, sample load/overload,personnel,reagent, equipment,and facilities. T. Provide to System Agency a LRN surge capability plan within a timeline designated by System Agency that details how the LRN laboratory will manage a surge in sample capacity. The plan should include:work hours,instruments and equipment,personnel and staffing,and identify essential lab service that must be maintained during an outbreak or emergency event. System Agency Contract No.537-18-0147-00001 v. 11.15.2016 Page 3 DocuSign Envelope ID:C21FEB96-6432-4B8E-AF85-25F3AAA009A0 ATTACHMENT A.l STATEMENT OF WORK July 1,2018 through June 30,2019 U. Present laboratory-oriented training to hospitals and reference laboratories in the identified service area on the LRN sentinel protocols to include packaging and shipping of both biological and chemical samples according to published CDC protocols. V. Maintain a system for safe specimen transport from local laboratories. W. Explore the capabilities and needs of sentinel laboratories. X. Inform System Agency of Grantee's plans,via e-mail or telephone,to meet updated LRN-B program requirements for Standard reference level laboratories as outlined in the Funding Opportunity Announcement(FOA). Y. Provide programmatic reports as directed by System Agency in a format specified by System Agency.Grantee will provide System Agency other reports,including financial reports,and any other reports that System Agency determines necessary to accomplish the objectives of this contract and to monitor compliance. Z. Submit an End-of-Year Performance Report in a format specified by System Agency within an established timeframe designated by System Agency. AA. Report as requested by System Agency to satisfy information-sharing requirements set forth in Texas Government Code,Sections 421.071 and 421.072(b)and(c),as amended.Grantee shall immediately notify System Agency in writing if Grantee is legally prohibited from providing any reports required under this Contract. BB. Initiate the purchase of all equipment approved in writing by the System Agency in the first quarter of the FY 19 Contract term(July 1,2018—June 30,2019),as applicable.Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Contract must be submitted to the assigned System Agency contract manager. CC. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of$500 or more, but less than$5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers,emergency management equipment,communication devices and systems,medical and laboratory equipment,and media equipment.Controlled Assets are considered Supplies. DD. Maintain an inventory of equipment,supplies defined as Controlled Assets,and real property and submit an annual cumulative report of the equipment and other property on HHS System Agency Grantee's Property Inventory Report to the assigned System Agency contract manager by e-mail not later than October 15 of each year. System Agency Contract No.537-18-0147-00001 v. 11.15.2016 Page 4 DocuSign Envelope ID:C21FEB96-6432-4B8E-AF85-25F3AAA009A0 ATTACHMENT A.1 STATEMENT OF WORK July 1,2018 through June 30,2019 EE. Not use System Agency funds to purchase buildings or real property without prior written approval from the System Agency.Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre-approval. FF. At the expiration or termination of this Contract for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to System Agency. Title may be transferred to any other party designated by System Agency. The System Agency may,at its option and to the extent allowed by law,transfer the reversionary interest to such property to Grantee. GG. In the event of a local, state, or federal emergency the Grantee has the authority to utilize approximately five percent(5%) of the Grantee's staff's time supporting this Contract for response efforts. System Agency will reimburse Grantee up to five percent of this Contract funded by CDC for personnel costs responding to an emergency event.Grantee will maintain records to document the time spent on response efforts for auditing purposes. Allowable activities also include participation of drills and exercises in the pre-event time period. Grantee will notify the Assigned Contract Manager in writing when this provision is implemented. HH. Comply with all applicable federal and state laws, rules, and regulations, as amended, including,but not limited to, the following: 1. Public Law 107-188,Public Health Security and Bioterrorism Preparedness and Response Act of 2002; 2. Public Law 113-05,Pandemic and All-Hazards Preparedness Reauthorization Act; and 3.Texas Health and Safety Code Chapter 81. H. Comply with the following documents and resources,as amended,which are incorporated by reference and made a part of this Contract: 1. System Agency and CDC Public Health Emergency Preparedness Cooperative Agreement; 2. Public Health Preparedness Capabilities: National Standards for State and Local Planning,March 2011: http: www.edc.gov/phpr/capabilities/DSLR capabilities July_pdf; 3. Presidential Policy Directive 8/PPD-8,March 30,2011: http://www.hiswatch.com/wp- content/uploads/2011/04/PPD-8-Preparedness.pdf, 4. Homeland Security Exercise and Evaluation Plan(HSEEP)Documents: https://www.preptoolkit.org/web/hseep-resources 5. Ready or Not? Have a Plan; Surviving Disaster: How Texans Prepare(videos): http:r'www.texasprepares.org/survivingdisaster.htin; 6. Preparedness Program Guidance(s)as provided by System Agency and CDC; and 7. FY2017 Office of the Assistant Secretary for Preparedness and Response(OASPR) System Agency Contract No.537-18-0147-00001 v. 11.15.2016 Page 5 DocuSign Envelope ID:C21FEB96-6432-4B8E-AF85-25F3AAA009A0 ATTACHMENT A.l STATEMENT OF WORK July 1,2018 through June 30,2019 Hospital Preparedness Program—CFDA Number 93.074: http://www.phe.gov/preparedness/planning/hpp'pages/default.aspx. II. PERFORMANCE MEASURES A. System Agency will monitor the Grantee's compliance with the requirements in this Contract and failure to meet these requirements may result in withholding a portion of the current LRN base awards. B. Grantee must demonstrate adherence to reporting deadlines and the capability to receive, stage, store, distribute and dispense materiel during a public health emergency. The initial reporting requirement schedule for the requirements are subject to change as System Agency and CDC may modify requirements and due dates.System Agency will send a requirements schedule within thirty(30)days of the Fiscal Year start date. Ill.INVOICE AND PAYMENT A. Grantee will request monthly payment using the Excel version of the State of Texas Purchase Voucher(Form B-13)and Support Document including any acceptable additional supporting documentation for reimbursement of the required services/deliverables. Additionally, the Grantee will submit the Excel version of the Financial Status Report(FSR-269A). Vouchers, supporting documentation and Financial Status Reports should be mailed or e-mailed to the addresses below. Department of State Health Services Claims Processing Unit,MC 1940 P.O. Box 149347 Austin,TX 78714-9347 FAX: (512)458-7442 EMAIL: invoices n,dshs.texas.gau, Php.vouchersupport a,dshs.texas.gov & CMSInvoices n,dshs.texas.gov B-13, B-1 3A, and supporting documentation should be sent to: invoicesc,dshs.texas.gov, Php.vouchersupportAdshs.texas. oovv&CMSInvoices Rdshs.texas.gov FSRs should be sent to: invoices a,dshs.texas.gov, Php.vouchersupporta,dshs.texas.gov, FSRGrants(c-i,dshs.texas.gov&CMSInvoices Rdshs.texas.gov B. Grantee will be reimbursed on a monthly basis and in accordance with the Budget in Attachment B of this Contract. C. System Agency reserves the right,where allowed by legal authority,to redirect funds in the event of financial shortfalls. System Agency will monitor Grantee's expenditures on a System Agency Contract No.537-18-0147-00001 v. 11.15.2016 Page 6 DocuSign Envelope ID:C21FEB96-6432-488E-AF85-25F3AAA009A0 ATTACHMENT A.1 STATEMENT OF WORK July 1,2018 through June 30,2019 quarterly basis. If expenditures are below that projected in Grantee's total Contract amount, Grantee's budget may be subject to a decrease for the remainder of the Term of the Contract. Vacant positions existing after ninety days may result in a decrease in funds. D. Grantee may request a one-time working capital advance not to exceed 12% of the total amount of the Contract funded by System Agency. All advances must be expended by the end of the contract term. Advances not expended by the end of the contract term must be refunded to System Agency. Grantee will repay all or part of advance funds at any time during the Contract's term. However, if the advance has not been repaid prior to the last three months of the Contract term,the Grantee must deduct at least one-third of the remaining advance from each of the last three months'reimbursement requests.If the advance is not repaid prior to the last three months of the Contract term,System Agency will reduce the reimbursement request by one- third of the remaining balance of the advance. E. For the purposes of this Contract, the Grantee may not use funds for fundraising activities, lobbying,research,construction,major renovations and reimbursement of pre-award costs, clinical care,purchase of vehicles of any kind,funding an award to another party or provider who is ineligible,backfilling costs for staff or the purchase of incentive items. System Agency Contract No.537-18-0147-00001 v. 11.15.2016 Page 7 DocuSign Envelope ID:C21FEB96-6432-4BBE-AF85-25F3AAA009A0 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact#1 Name,Email and Phone Number: Primary Address of Contractor: FFATA Contact#2 Name,Email and Phone Number: ZIP Code:9-digits Required www.usps.com DUNS Number:9-digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number(VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date - 1- Department of State Health Services Forth 4734—June 2013 DocuSign Envelope ID:C21FEB96-6432-4B8E-AF85-25F3AAA009A0 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative(Signor)of the Contractor,I hereby certify that the statements made by me in this certification form are true,complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑Yes ❑ No If your answer is"Yes",skip questions "A", "B", and "C" and finish the certification. If your answer is"No", answer questions"A" and "B". A.Certification Regarding%of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑Yes ❑ No B.Certification Regarding;Amount of Annual Gross from Federal Awards. Did your organization receive$25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑Yes ❑ No If your answer is"Yes"to both question "A"and "B",you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑Yes ❑ No If your answer is"Yes"to this question,where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: - z - Department of State Health Services Form 4734-June 2013 DocuS'i�rn; Fa secua�o Certificate Of Completion Envelope Id:C21FEB9664324B8EAF8525F3AAA009A0 Status:Sent Subject:Amending$402,246;537-18-0147-00001 Corpus Christi-Nueces County PHD A-1;DSHS/GMS/CPS/LRN-PHEP Source Envelope: Document Pages.26 Signatures:0 Envelope Originator: Certificate Pages 2 Initials:0 Texas Health and Human Services Commission AutoNav:Enabled 1100 W.49th St. Envelopeid Stamping:Enabled Austin,TX 78756 Time Zone:(UTC-06:00)Central Time(US&Canada) PCS_DocuSign@hhsc.state.tx.us IP Address: 167.137.1.16 Record Tracking Status:Original Holder:Texas Health and Human Services Location:DocuSign May 10,2018 Commission PCS_DocuSign@hhsc.state.tx.us Signer Events Signature Timestamp Annette Rodriquez Sent:May 10,2018 annetter@cctexas com Health Director City of Corpus Christi Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign David Gruber david.gruber@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cindy Atchley COPIED Sent:May 10,2018 cindy.atchley@hhsc.state.tx.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Deserie Burrell COPIED Sent:May 10,2018 desede.burrell@dshs.state.tx.us Contract Manager Texas Health and Human Services Commission Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMU Contract Inbox COPIED Sent:May 10,2018 cmucontracts@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign John Smith COPIED Sent:May 10,2018 johns4@cctexas.com Viewed:May 10,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted May 10,2018 Payment Events Status Timestamps