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Agenda Packet City Council - 06/12/2018
City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda - Final City Council Tuesday,June 12,2018 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Pastor Steve Sorenson, Bridgeway Church. C. Pledge of Allegiance to the Flag of the United States to be led by Belinda Mercado, Director of Information Technology. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0679 Proclamation declaring June 9-19, 2018, "153rd Anniversary of the Juneteenth Celebration, the Spirit of Emancipation Days". Proclamation declaring June 12, 2018, "Women Veterans Day". Proclamation declaring June 17, 2018 "National Garbage Worker Day", and June 17-24, 2018, "National Garbage Worker Week". Commendation for Ester Bernice Chatman Pollard, M.D. - Celebration of 30-Years Practicing Medicine at Coastal Bend Oncology Hematology. City of Corpus Christi Page 1 Printed on 6/11/2018 City Council Meeting Agenda-Final June 12,2018 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. CITY PERFORMANCE REPORT OVERVIEW b. 18-0695 BUDGET UPDATE Attachments: Apr 2018 Monthly Report-Council C. STRATEGIC FUTURE ISSUES d. OTHER G. MINUTES: 2. 18-0690 Regular Meeting of May 22, 2018 and Workshop Session of May 17, 2018. Attachments: Minutes- MaV 22, 2018 Minutes- MaV 17, 2018 Workshop H. BOARD &COMMITTEE APPOINTMENTS: 3. 18-0676 Civil Service Commission Civil Service Board Corpus Christi Regional Transportation Authority Crime Control and Prevention District Leadership Committee for Senior Services Sister City Committee Attachments: Civil Service Commission Civil Service Board Corpus Christi Regional Transportation Authority Crime Control and Prevention District Leadership Committee for Senior Services Sister CitV Committee 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 6/11/2018 City Council Meeting Agenda-Final June 12,2018 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. 18-0418 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 City of Corpus Christi Page 3 Printed on 6/11/2018 City Council Meeting Agenda-Final June 12,2018 Agreement- DRAFT STMFTF 5. 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 6. 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 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 7. 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 8. 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 City of Corpus Christi Page 4 Printed on 6/11/2018 City Council Meeting Agenda-Final June 12,2018 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 9. 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 10. 18-0507 Second Reading Ordinance - Refunding Acreage/Lot Fees Paid (1st Reading 5/22/18) 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 11. 18-0538 Second Reading Ordinance - Request for exemption from Wastewater Lot or Acreage Fees for property located west of Manning Road, north of State Highway 44 (1st Reading 5/22/18) 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 12. 18-0573 Second Reading Ordinance - Closing of a utility easement located at City of Corpus Christi Page 5 Printed on 6/11/2018 City Council Meeting Agenda-Final June 12,2018 3801 Woodhouse (1st Reading 5/22/18) Ordinance abandoning and vacating 0.0090 acre (393 square feet) of an existing electrical easement out of Grange Park Subdivision Unit 1, Lot 1A 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 L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 13 - 15) 13. 18-0176 Public Hearing and First Reading Ordinance - Lease Agreement for Helicopter Air Tours at The Water's Edge Ordinance authorizing a 17-month lease agreement with Espejo Helicopters, LLC for use of area of The Water's Edge Park located along Shoreline Blvd. near Kinney Street to conduct helicopter air tours with monthly rent payment of five percent of gross revenues. Attachments: Agenda Memo- Espeio Helicopter 2018 Ordinance for Espeio Helicopter Lease v2 Presentation Espeio Helicopters, LLC Site Safety Plan for Espeio Helicopters Espeio Rack Cards Signed Espeio-WatersEdge Lease 14. 18-0668 Public Hearing and First Reading Ordinance - Rezoning property located at or near 6665 Lipes Boulevard. (3/4 Vote Required) (Reconsideration Item from 3/24/18) Case No. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Planning Commission and Staff Recommendation (March 21, 2018): Approval of the change of zoning from "FR" to the "RM-1". Attachments: Agenda Memo 0218-01 Dorsal Development LLC Ordinance 0218-01 Dorsal Development, LLC with Exhibit CC Report 0218-01 Dorsal Development, LLC. with Exhibits Presentation 0218-01 Dorsal Development, LLC City of Corpus Christi Page 6 Printed on 6/11/2018 City Council Meeting Agenda-Final June 12,2018 15. 18-0572 Public Hearing and First Reading Ordinance - Rezoning property at or near 6502 and 6630 Agnes Street Case No. 0318-02 Hooten Family Trust A: Ordinance rezoning property at or near 6502 and 6630 Agnes Street from "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions. Planninq Commission and Staff Recommendation (April 18, 2018): Approval of the change of zoning from "IL" to "IL/SP". Attachments: Agenda Memo 0318-02 Hooten Family Trust A Ordinance 0318-02 Hooten Family Trust A with Exhibits CC Report 0318-02 Hooten Family Trust A with Exhibits Presentation 0318-02 Hooten Family Trust A N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 16 -22) 16. 18-0536 First Reading Ordinance - Establishing a Flood Hazard Mitigation Information Committee Ordinance amending the Corpus Christi Code to establish Flood Hazard Mitigation Information Committee. Attachments: Agenda Memo- Flood Hazard Mitigation Committee Ordinance - Flood Hazard Mitigation Committee Presentation - Flood Hazard Mitigation Committee 17. 18-0659 First Reading Ordinance -Amending City Code to adopt TCEQ standards for inspection and testing of backflow preventer assemblies for residential irrigation systems Ordinance amending Corpus Christi Code to adopt Texas Commission on Environmental Quality regulations for the inspection and testing of backflow preventer assemblies for residential irrigation systems; and providing for penalty. Attachments: Agenda Memo TCEQ Backflow Assembly Testing Ordinance - Backflow TCEQ standards PPT-TCEQ Backflow Assembly Testing 18. 18-0663 First Reading Ordinance - Closing of two utility easements located at 14229 Northwest Boulevard City of Corpus Christi Page 7 Printed on 6/11/2018 City Council Meeting Agenda-Final June 12,2018 Ordinance abandoning and vacating a 15-foot utility easement (2,033-square feet) and abandoning and vacating a 10-foot utility easement (1,355-square feet) out of Taylor's Best Plaza Block 1 Lot 2, located at 14229 Northwest Boulevard; and requiring the owner, MTM Northwest Management, Ltd., to comply with the specified conditions that include the dedication of a new 15-foot utility easement (2,199-square feet). Attachments: Agenda Memo-Taylors Best Easement Closure 5-29-18 Ordinance Easement Closures and Dedication of New MTM Northwest Mgmt Lt Presentation-TaylorBest Easement Closure 6-4-18 19. 18-0626 First Reading Ordinance - Five-Year Lease for Lichtenstein House Ordinance approving a five- year lease with the Instituto de Cultura Hispanica for Lichtenstein House at 1616 N. Chaparral Street, for monthly rent of$365; with option to extend for up to three five-year terms at monthly rent $435 in second five-year term, $485 in third five-year term, and $600 in fourth five-year term. Attachments: Agenda Memo- Instituto de Cultural Hispanica Lichtenstein House Lease 2018 Ordinance Instituto-v2 05.31.18 Lease - Instituto de Cultura Hispanica 2018 20. 18-0634 First Reading Ordinance - Lease Agreement Extension for Lake Corpus Christi Campground Ordinance authorizing lease extension with Kamping Pleasures, Inc. for up to 6 months to operate a 40-acre campground on Lake Corpus Christi, for $1500 monthly rent or 8% of gross sales, whichever is greater. Attachments: Agenda Memo Kampinq Pleasures 6 mos extensionm Ordinance for Kampinq Pleasures Lease 6 month extension Amendment 6 mo Kampinq Pleasures lease 21. 18-0633 First Reading Ordinance - Lease Agreement with the U.S. Coast Guard for a parking lot and storage area at the Corpus Christi International Airport Ordinance authorizing a lease with the U.S. Coast Guard for 1.61 acres to construct a parking lot and storage area at Corpus Christi International Airport, with a term of up to five years, in exchange for a monthly lease payment of$469.69. Attachments: Agenda Memo- USCG Parking Storage Land Lease Ordinance vFina12 Land Lease Final as of 20180529 Exhibit A City of Corpus Christi Paye 8 Printed on 6/11/2018 City Council Meeting Agenda-Final June 12,2018 22. 18-0641 First Reading Ordinance -Appropriating funds and authorizing a six-month service agreement for document imaging of vital records Ordinance appropriating $250,000 from the Vital Statistics Record Retention Committed Fund Balance in the General Fund; amending the budget; and authorizing a six-month service agreement with MCCi, of Tallahassee, Florida, for document imaging of vital records for the Corpus Christi-Nueces County Public Health Disrict for a total amount not to exceed $250,000, via BuyBoard cooperative. Attachments: Agenda Memo-Document Imaging Ordinance - Document Imaging Price Sheet-Document Imaging.xlsx Service Agreement-Document Imaging P. FUTURE AGENDA ITEMS: (ITEMS 23 - 34) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 23. 18-0630 Five-year contract for access to the DSHS Vital Event Electronic Registration System for issuing birth certificates for the period of 9/1/18 through 8/31/23 Motion authorizing a five-year contract with the Department of State Health Services (DSHS) to provide the Corpus Christi-Nueces County Public Health District access to the DSHS Vital Event Electronic Registration System to issue individual birth certificates for $1.83 per printed record. Attachments: Agenda Memo (Req.to Approve DSHS VEER Contract No. HHSREV10000081 DSHS-CCNCPHD Remote Birth Cert. Access Contract (No. HHSREV10000081 COF (VEER System 9-1-2018 to 9-1-2023)(c)6-5-2018 24. 18-0562 One-Year Supply Agreement for the purchase of firefighting clothing for Fire Department Resolution authorizing the purchase of firefighting clothing for a one-year supply agreement with Casco Industries, Inc., Houston, Texas for a total amount not to exceed $174,679.10, with two one year options for a total potential multi-year amount of$524,037.30. Attachments: Agenda Memo-Firefighting Clothing Resolution -Firefighting Clothing Price Sheet- Firefighting Clothing Supply Agreement-Firefighting Clothing 25. 18-0599 Two, three-year service agreements for mowing street right-of-ways for Flour Bluff Groups FB1 and FB3 City of Corpus Christi Page 9 Printed on 6/11/2018 City Council Meeting Agenda-Final June 12,2018 Motion authorizing two, three-year service agreements with CML Services, LLC of Corpus Christi, Texas, for mowing and grounds maintenance services for street right-of-ways for Flour Bluff groups FB1 and FB3 for a total amount not to exceed of$135,684. Attachments: Agenda Memo-Mowing and Grounds Maint Svc for Street ROW FB1 and FB3 Bid Tabulation - Mowing and Grounds Maint Svc for Street ROW FB1 and FB3.) Service Agreement 1349- Mowing and Grounds Maint Svc of Street ROW FB1 Service Agreement 1512- Mowing and Grounds Maint Svc of Street ROW FB3 26. 18-0644 Amendment for Meal Delivery Service Agreement Motion approving Third Amendment to Meal Delivery Service Agreement with R&R Delivery Service for 3 months in estimated amount of $107,305.14. Attachments: Agenda Memo- Meal Delivery Service Agreement Amendment Meal Delivery Service Amdmt 3 05-15-2018 COF- Meal Delivery Service Agreement Amendment 27. 18-0646 Work Gloves 36-month Supply Agreement Motion authorizing a 36-month supply agreement with Gulf Coast Nut & Bolt, LLC, of Corpus Christi, Texas, for Work Gloves for various departments for a total amount not to exceed $237,739.11. Attachments: Agenda Memo-Work Gloves Bid Tab- Work Gloves.pdf Supply Agreement -Work Gloves.pdf 28. 18-0613 Purchase of Nine Mini Excavators for Utilities Department Motion authorizing the purchase of nine mini excavators from Doggett Heavy Machinery Services of Corpus Christi, Texas, via BuyBoard cooperative, for a total amount of$378,115.00. Attachments: Agenda Memo-Mini Excavators for Utilities Department Price Sheet- Mini Excavators for Utilities Department 29. 18-0563 Resolution for a One-Year Supply Agreement for Ecosorb for Greenwood Wastewater Treatment Plant Resolution authorizing a one-year supply agreement with OMI Industries from Long Grove, Illinois for the purchase of Ecosorb 505 for a total amount of$111,331.75. Attachments: Agenda Memo- Ecosorb 505 Resolution Sole Source - Ecosorb 505 City of Corpus Christi Page 10 Printed on 6/11/2018 City Council Meeting Agenda-Final June 12,2018 Price Sheet- Ecosorb 505 Supply Agreement- Ecosorb 505 30. 18-0640 Amendment No. 1 to a professional services contract for the Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation &Odor Control project Motion authorizing Amendment No. 1 to a professional services contract with Hazen and Sawyer of Corpus Christi, Texas in the amount of $612,500 for a total restated fee of$661,800 for the Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control project. (Capital Improvement Program - CIP). Attachments: Executive Summary -Greenwood WWTP (18-0640) Item Detail -Greenwood WWTP Dissolved Air(18-0640) Project Budget-Greenwood WWTP Hazen Sawyer Amd 1 Location Map-Greenwood WWTP Hazen Sawyer Amd 1 Presentation -Greenwood WWTP Hazen Sawyer Amd 1 Amendment 1 -Greenwood WWTP Hazen Sawyer signed.pdf 31. 18-0635 Master Services Agreement for Citywide Storm Water Infrastructure Motion authorizing a Master Services Agreement (MSA) with LJA Engineering of Corpus Christi, Texas in the amount of$500,000 for Citywide Storm Water Infrastructure Rehabilitation/Replacement project. Attachments: Executive Summary - MSA w LJA for Storm Water(18-0635) Item Detail -MSA w LJA for Storm Water(18-0635) Prosect Budget-Citywide Storm Water Infrastructure Rehab Master Services Agreement-Citywide Storm Water Infrastructure Rehab Location Map-Citywide Storm Water Infrastructure Rehab Presentation -Citywide Storm Water Infrastructure Rehab 32. 18-0636 Resolution to execute construction contract for the JC Elliott Landfill Site Improvements project Resolution rejecting the apparent low bid of Abel's Paving & Construction as non-responsive and authorizing execution of a construction contract with Bridges Specialties, Inc. as the lowest responsive bidder in the amount of$394,545.05 for the JC Elliott Landfill Site Improvements project. Attachments: Executive Summary -Construction Contract JC Elliot Site Improvements (18-06 Item Detail -Construction Contract JC Elliott Improvements (18-0636) Resolution -Skipping low bidder as non-responsive JC Elliott Site Improvement! Letter of Recommendation -JC Elliot Site Improvements.pdf Project Budget-JC Elliot Site Improvements.xlsx City of Corpus Christi Page 11 Printed on 6/11/2018 City Council Meeting Agenda-Final June 12,2018 Location Map-JC Elliot Site Improvements.pdf Presentation -JC Elliot Site Improvements 5-21-18.pptx 33. 18-0597 Purchase of Refuse and Recycling Carts for Solid Waste Motion authorizing the purchase of refuse and recycling carts from Cascade Engineering of Grand Rapids, Michigan, via Houston-Galveston Area Cooperative, in the total amount of$120,019.20. Attachments: Agenda Memo-Carts for Solid Waste Operations Price Sheet-Carts for Solid Waste 34. 18-0642 Resolution for Renewal of Service Agreement with Sprout Social for an Integrated Social Media Platform Resolution finding that the renewal of a service agreement with Sprout Social, Inc. for the Communication Department is a sole source procurement; and authorizing a one-year renewal with Sprout Social Inc. for $15,300, with an option to extend for an additional one-year term, for a total renewal amount not to exceed $30,600. Attachments: Agenda Memo- Resolution for Renewal of Sprout Social Subscription Resolution Sprout Social Service Agreement No. 57196-signed by vendor only Approved Sole Source -2018 Q. BRIEFINGS: (ITEMS 35 - 36) 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. 35. 18-0696 Gulf Coast Growth Ventures Attachments: Agenda Memo-Gulf Coast Ventures Presentation -GCGV Project Update June 2018 060618 36. 18-0686 John W. Cunningham Water Plant: Request for Interest Attachments: Agenda Memo-Cunnninham WTP Briefing DM edits 5.31.18 Presentation -6.12.18.Cunningham WTP ADedits R. EXECUTIVE SESSION: (ITEMS 37 -40) 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 City of Corpus Christi Page 12 Printed on 6/11/2018 City Council Meeting Agenda-Final June 12,2018 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. 37. 18-0714 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 § 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. 38. 18-0675 Executive Session pursuant to Section Texas Government Code § 551.071and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the provision of incentives pursuant to any previously executed or proposed economic development/ business incentive agreement(s) between the City and/or related entities and Upper Padre Partners, LP, Gulf Shores Ventures, and/or North Padre Waterpark Holdings, Ltd. and/or past or present affiliates, creditors or shareholders of any of the aforesaid entities, possible development agreements or other funding mechanisms related to the construction of Park Road 22 bridge and related infrastructure, including, but not limited to, bridges, culverts, canals, sewers, mains, lift stations, pump stations, revetments, pilings, and ditches, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to 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). 39. 18-0691 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the municipal solid waste City of Corpus Christi Page 13 Printed on 6/11/2018 City Council Meeting Agenda-Final June 12,2018 system service charge, Section 21-47 et seq. of the Corpus Christi Code of Ordinances, state, federal, and local regulation of solid waste disposal and transportation, and federal and state constitutional provisions related to flow control, land development, and municipal charges and fees. 40. 18-0692 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. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. T. ADJOURNMENT City of Corpus Christi Page 14 Printed on 6/11/2018 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT Apra 30,2018 CURRENT MONTH YEAR-TO-DATE ACTUALS ACTUALS ANNUAL CURRENT AMENDED % AMENDED % AMENDED SUMMARY BY FUND PRIOR YEAR YEAR BUDGET VARIANCE JFAV(I AV) PRIOR YEAR CURRENT YEAR BUDGET VARIANCE JFAV(UNFAV) BUDGET REVENUES GENERAL PROPERTY TAXES 1,008,486 1,135,668 695,232 440,436 63.3561,080,175 69,132,321 70,388, 7 (1,256,620) -1.79% 72,001,866 SALES TAXES 5,075,410 5,589,83 % 94 3 5,051,165 538,668 10.66% 31,273,636 34,339,517 32,246,184 2,093,333 6.49% 53,934,000 OTHER TAXES 309,607 357,655 349,157 7,898 2.26% 11,883,114 10,484,463 12,359,487 (1,875,024) -15.17% 12,978,199 FRANCHISE FEES 827,259 726,023 768,558 (42,535) -5.53% 7,144,564 6,535,601 8,918,471 (2,382,870) -26.72% 17,454,365 GENERAL GOVERNMENT SVCS 24,071 5,394 5,002 392 7.83% 51,130 34,556 36,014 (1,458) -4.05% 62,724 ANIMAL CARE SERVICES 7,452 10,692 6,808 3,884 57.05% 59,957 56,322 47,656 8,666 18.18% 81,700 OTHER PERMITS&LICENSES 12,900 (17,754) 10,207 (27,961) -273.94% 235,485 119,398 144,449 (25,051) -17.34% 195,392 HEALTH SERVICES 84,984 85,071 107,456 (22,385) -20.83% 897,235 878,050 752,192 125,858 16.73% 1,289,500 LIBRARY SERVICES 10,781 9,804 10,026 (222) -2.22% 69,467 69,900 70,182 (282) -0.40% 120,312 SOLID WASTE SERVICES 2,850,948 3,535,259 3,269,411 265,848 8.13% 21,411,172 23,467,331 22,885,877 581,454 2.54% 39,232,928 MUNICIPAL COURT FEES 425,234 508,773 412,403 96,369 23.37% 2,944,885 3,214,722 2,973,235 241,487 8.12% 5,035,162 PUBLIC SAFETY SERVICES 1,113,135 1,196,252 1,211,957 (15,705) -1.30% 7,019,150 7,164,843 8,483,699 (1,318,856) -15.55% 14,541,272 MUSEUMFEES 158,266 2,006 62,901 (60,895) -96.81% 466,046 19,426 141,813 (122,387) -86.30% 618,171 INTEREST ON INVESTMENTS 93,046 108,160 29,167 78,993 270.83% 339,399 607,859 231,169 376,690 162.95% 377,000 INTERGOVERNMENTAL SVCS 12,253 101,315 151,092 (49,777) -32.94% 1,304,982 1,664,447 1,139,423 525,024 46.08% 1,894,883 RECREATION SERVICES 177,754 908,093 1,156,376 (248,283) -21.47% 2,471,246 2,468,137 2,837,791 (369,654) -13.03% 4,421,201 OTHERREVENUE 105,834 194,813 100,000 94,813 94.81% 322,806 5,312,723 4,771,728 540,995 11.34% 5,092,057 ADMIN CHARGES 529,247 553,993 560,885 (6,892) -1.23% 3,699,814 3,872,667 3,872,667 0 0.00% 6,662,393 INTERFUND CONTRIBUTIONS 321,858 522,689 522,689 (0) 0.00% 2264,210 3,670,820 3,670,820 0 0.00% 7,550,574 REIMBURSEMENT REVENUE 0 0 0 0 #DN/01 0 0 0 0 #DN/01 0 TOTAL GENERAL FUND REVENUE 13,148,524 15,533,739 14,481,092 1,0529646 7.27°'0 16099389474 17391139110 175,9719804 (298589694) -1.62% 243,543,700 1 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT Apri130,2018 CURRENT MONTH YEAR-TO-DATE ACTUALS ACTUALS ANNUAL CURRENT AMENDED % AAIENDED % AMENDED SUMMARY BY FUND PRIOR YEAR YEAR BUDGET VARIANCE FAV(UNFAV) PRIOR YEAR CURRENT YEAR BUDGET VARIANCE FAV(UYFAV) BUDGET EXPENSES MAYOR 735 5,346 16,205 10,859 67.01% 63,080 86,283 113,436 27,152 23.94% 194,461 CITY COUNCIL 0 8,'67 11,973 3,606 30.12% 45,348 55,707 83,811 28,104 33.53% 143,675 LEGAL 244,050 248,159 276,629 28,470 10.29% 1,691,350 1,689,540 1,936,404 246,863 12.75% 3,319,549 CTTY AUDITOR 1,469 24,860 35,433 10,573 29.84% 229,233 176,891 248,032 71,141 28.68% 425,198 CITY MANAGER 181,567 159,427 197,680 38,253 1935% 1,099,841 1,194,657 1,383,761 189,103 13.67% 2,372,161 CTTY SECRETARY 11,898 51,277 52,873 1,596 3.02% 478,219 330,707 370,109 39,402 10.65% 634,473 FINANCE 274,279 327,602 517,451 189,850 36.69% 3,159,887 3,236,398 3,622,160 385,763 10.65% 6,209,418 OFFICE OF MANAGEMENT AND BUDGET 70,854 72,809 88,376 15,567 17.61% 404,763 506,728 618,634 111,906 18.09% 1,060,516 HUMAN RESOURCES 143,643 130,663 168,240 37,577 2234% 881,514 939,492 1,177,681 238,189 20.23% 2,018,881 MUNICIPAL COURT-JUDICIAL 84,199 91,824 98,251 6,427 6.54% 608,188 655,401 687,759 32,358 4.70% 1,179,016 MUNICIPAL COURT-ADMINISTRATION 269,036 318,693 354,835 36,142 10.19% 2,300,727 2,174,784 2,483,844 309,060 12.44% 4,258,018 MUSEUMS 347,910 123,625 129,533 5,908 4.56% 931,534 917,675 906,731 (10,944) -1.21% 1,554,395 FIRE 3,484,318 4,113,924 4,674,918 560,994 12.00% 29,917,293 30,672,699 32,724,424 2,051,725 6.27% 56,099,013 POLICE 2,452,454 6,194,407 6,269,585 75,178 1.20% 37,934,801 40,808,267 43,887,094 3,078,827 7.02% 75,235,019 HEALTH SERVICES 243,972 252,370 416,981 164,611 39.48% 1,498,284 1,598,980 2,918,869 1,319,888 45.22% 5,003,775 ANIMAL CARE SERVICES 214,389 207,415 274,843 fi7,427 24.53% 1,410,584 1,411,258 1,923,899 512,640 26.65% 3,298,112 LIBRARY SERVICES 286,328 428,632 334,944 (93,688) -27.97% 2,123,021 2,216,982 2,344,609 127,627 5A4% 4,019,329 PARK&RECREATION 152,653 1,248,343 1,561,463 313,120 zoos% 8,592,413 8,686,685 10,930,242 2,243,558 20.53% 18,737,558 STREET SERVICES 0 233,672 336,333 102,662 30.52% 2,278,582 1,711,777 2,354,334 642,557 27.29% 4,036,001 SOLID WASTE SERVICES 1,251,737 3,270,953 2,986,015 (284,938) -9.54% 13,359,477 21,159,614 20,902,103 (257,512) -1.23% 35,832,176 COMM UNITY DEVELOPMENT 155,972 156,747 180,645 23,898 13.23% 1,180,526 1,040,856 1,264,518 223,662 17.69% 2,167,745 COMPREHENSIVE PLANNING 87 27,552 103,619 76,067 73.41% 96,413177,505 725,332 547,827 75.53% 1,243,426 TOURISM 0 0 0 0 #DN/0! 0 459 0 (459) 4DN/0! 0 ECONOMIC DEVELOPMENT 2,148,500 644,024 197,773 (446,251) -225.64% 552,797 945,909 1,384,412 438,503 31.67% 2,373,278 TRANSFER TO STREET 0 1,130,601 1,130,601 0 0.00% 8,575,639 7,914,208 7,914,208 0 0.00% 13,567,213 OPERATING TRANSFERS OUT 100,083 245,780 359,687 113,907 31.67% 1,934,041 3,649,327 2,517,810 (1,131,518) -44.94% 4,316,245 RESERVE APPROPRIATION (54,044) 0 0 0 0.00% 0 0 0 0 0.00% 2,465,914 ACCRUED PAY RESERVE 0 0 0 0 0.00% 0 0 0 0 0.00% 1,400,000 OTHER ACTIVITIES 28,113 0 0 0 0.00% 0 0 0 0 0.00% 250,000 TOTAL GENERAL.FUND EXPENSES 12,094,201 19,717,072 20,774,888 1,057,816 5.09:/0 121,347,554 133,958,790 145,424,214 11,465,423 7.88% 253,414,566 2 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT Apri130,2018 CURRENT MONTH YEAR-TO-DATE ACTUALS IACTUAIS ANNUAL PRIOR CURRENT AMENDED °/a PRIOR CURRENT AMENDED FAV AMENDED SUMNIARY BY FUND YEAR YEAR BUDGET lVARIANCEIFAV(UNFAV) YEAR YEAR BUDGET VARIANCE (UNFAV) BUDGET GENERAL FUND 1020 Revenne 13,148,524 15,529,739 14,177,116 1,352,622 9.5-1 160,938,474 173,113,110 174,102,893 (989,783) -0.6% 243,543,700 Expenses 12,094,201 19,717,072 20,774,888 (1,057,816) -5.1°/ 121,347,554 133,958,790 145,424,214 (11,465,423) -7.9% 253,414,566 ENTERPRISE FUNDS Revenne 23,621,415 37,968,962 40,047,995 (2,079,033) -5.2% 165,877,563 173,811,496 181,268,475 (7,456,978) -4.1% 305.097.097 Expenses 51,582.056 34,305,958 37,429,561 3,123,603 8.3% 172,261,859 161,647,823 196,306,929 (34,659,106) -17.7% 325.707.653 INTERNAL SERVICE FUNDS Revenne 7,057,612 7,974,191 7,366,285 607,906 8.3% 51,922,492 55,209,485 61,780,666 (6,571,181) -10.6% 106.904.932 Expenses 6,515,377 9,451,463 9,769,390 311,329 3.2% 54,737,810 53,644,208 68,385,733 (14,741,525) -21.6% 117.232.654 DEBT SERVICE FUNDS Revenne 7,333,281 6,921,615 5,839,986 1,081,629 18.5% 92,885,636 86,307,959 69,401,695 16,906,264 24.4% 118.974.334 Expenses 400 1,957,739 10,185,380 8,227,642 80.8% 66,528,132 61,465,040 71,297,662 (9,832,623) -13.5% 122.224564 SPECIAL REVENUE FUNDS Revenne 7,474,204 7,595,669 9,294,616 (1,698,947) -18.3%. 83% 71,787,627 67,858,593 62,609,025 5,249,568 8.4°f° 108.452 275 Expenses 5,840,209 7,999,835 10,334,708 2,959,729 28.6% 43,940,854 45,622,109 74,401,246 (28,779,136) -35.7% 128.538.630 CITY OF CORPUS CHRISTI BUDGET-VS-ACTUAL MONTHLY REPORT FOR THE 7 MONTHS ENDING April 30,2018 NOTES 6 Months Ending General Fund Budget Actuals Variance Revenues 175,971,804 173,113,110 -2,858,694 General Property Tax 70,388,947 69,132,327 -1,256,620 A greater number of property owners elected to pay quarterly due to the storm. We will see a correction in coming months. Sales tax 32,246,184 34,339,517 2,093,333 Positive trend continues as we are up for the 7 months. Other Taxes 12,359,487 10,484,463 -1,875,024 Due mostly to Industrial in lieu of taxes shortfall of almost$1.8 million. Franchise Fees 8,918,471 6,535,601 -2,382,870 Variance due to timing of franchise payments. We do anticipate this revenue to come in lower then Public Safety Svcs 8,483,699 7,164,843 -1,318,856 Emergency Call revenue,Towing & Storage charges, 911 Wireless and Wireline and Parking revenue are all under budgeted numbers. Emergency Call revenue and Towing & Storage charges are a Recreation Svcs 2,837,791 2,468,137 -369,654 This revenue is seasonal and we anticipate it to come in at budgeted levels by year end. Budget Actuals Variance Expenditures 145,424,214 133,958,790 (11,465,423) Enterprise Funds Budget Actuals Variance Water Fund Revenue 83,127,341 84,973,725 1,846,384 Revenues are above budgeted amounts largely due to the transfer for Bureau or Reclamation debt. Operating revenues are under budget mosty due to implementation of the new billing system. Gas Fund Revenue 23,946,463 19,908,386 -4,038,077 Due to Purchased Gas Adjustment-Cost of Natural Gas lower than budgeted so we have lower revenues and expenditures. Wastewater Fund Revenue 46,833,591 40,983,422 -5,850,169 Starting in the second quarter the City moved to charging for wastewater usage based on actual water consumption. We expect revenues to return to significantly increase in the second half of the fiscal year. 4 Water Fund 85,890,868 71,903,974 13,986,894 Under budgeted amounts mostly in Salaries, Prof Svcs, chemicals, vehicles and Trans to Water CIP ($11VI). Do have$41VI in encumbrances Gas Fund 23,168,598 18,775,435 4,393,163 Under budgeted amounts in Gas Purchases ($41VI) & Salary savings and Professional Services WW Fund 49,271,990 34,859,141 14,412,849 Under budgeted amounts mostly in Salaries, Prof Svcs, vehicles and Trans to WW CIP ($1,750,000). Do have$4.31VI in encumbrances Airport Fund 5,782,478 4,598,132 1,184,346 Harvey org ($450K), facilities, spread a little among all orgs. $200K encumbered Budget Actuals Variance TOTAL ENTERPRISE FUND REVENUE 181,268,475 173,811,496 (7,456,978) TOTAL ENTERPRISE FUND EXPENSE 196,306,929 161,647,823 (34,659,106) Internal Service Funds Budget Actuals Variance Stores Fund Revenue 3,089,297 2,897,281 -192,016 Warehouse sales are down Engineering Svs Fund Revenue 3,736,879 89,722 -3,647,157 Entry for project revenue has not been made yet. Revenue is expected near budgeted levels at years end. Police Health Fund Revenue 5,686,723 5,402,401 -284,322 Retiree contribution revenue is low. This is due to the election of a less expensive plan option. Citicare Health Fund Revenue 15,278,249 12,778,913 -2,499,336 Employee contribution revenue is short because more employees chose the value plan than anticipated. Emp Contribution budgeted at 51%Choice & 49%value. Actuals are 13% Choice & 87%Value. Stores 3,526,285 2,970,767 555,517 Spread throughout organization, mostly cost of goods sold in warehouse and vacancies. Fleet Maintenance 14,455,677 9,002,261 5,453,416 Behind in purchasing for future replacement, $91VI budgeted, have spent only$1.3M, $4.61VI Encumbered. Remaining in vacancy savings and service station. Facilities Maintenance 3,911,120 2,603,053 1,308,067 Have a reserve for$1,020,000, 0 spent so this is$550K short Have encumbrances of$476K. Remaining in vacancy savings. 5 Engineering Svs Fund 4,401,662 3,293,753 1,107,909 Spread throughout organization, mostly vacancies Fire Health 5,434,704 5,711,144 -276,439 Claim costs are above budgeted levels, Increased amount of catastrophic claims Citicare Health Fund 12,637,538 8,594,986 4,042,552 Reverse effect from the revenue note. Potentially we could see an increase in the second half of the year. General Liability 3,755,336 3,060,360 694,976 Insurance premiums are about$500K and damage claims are about$200K less than budgeted. We expect this to increase an reach budgeted levels by year end. Budget Actuals Variance TOTAL INTL SERVICE FUND REVENUE 61,780,666 55,209,485 (6,571,181) TOTAL INTL SERVICE FUND EXPENSE 68,385,733 53,644,208 (14,741,525) Special Revenue Funds Budget Actuals Variance HOT Fund Revenue 6,869,439 8,016,786 1,147,347 Mostly due to increased activity resulting from Hurricane. Seawall Fd Revenue 5,628,953 6,059,563 430,610 Increase sales tax revenue Arena rQ Kevenue 7,3Ly,//L 7,//1,b/7 441,7U3 Increase sales tax revenue Business&Job Dev Fd Revenue 5,371,285 5,694,101 322,816 increase sales tax revenue Dev Services Fd Revenue 3,229,032 5,010,742 1,781,709 Permit revenue up due mostly to increased activity after storm. C.C. Crime Control Revenue 3,866,625 4,315,237 448,612 Increase sales tax revenue Through 1st Qtr we have received 41%of budgeted permit revenue. HOT Fund 11,504,110 9,351,986 2,152,124 100K Economic Dev. 168K in Harvey 200K in Art Grants 300K in Advertising Reimburse. Rest in Convention Center Capital and Maintenance Street Fund 26,758,999 13,504,100 13,254,899 SPMP project time line TIF#2 815,498 167,763 647,735 Debt Payment not made yet TIF#3 1,457,113 416,687 1,040,427 Project time lines 6 Seawall Fund 3,477,731 1,686,669 1,791,062 No transfer made yet to Seawall CIP- budgeted $4,050,000 Business&Job Dev Fd 5,875,094 1,127,091 4,748,003 Small & Large incentives not paid out yet Dev Services Fd 4,500,583 2,979,200 1,521,384 Salary and professional Services, $725K encumbered Visitors Facilities 7,873,060 5,484,397 2,388,663 Capital Improvement project time lines Budget Actuals Variance TOTAL SPECIAL REVENUE FUND REVENUE 62,609,025 67,858,593 5,249,568 TOTAL SPECIAL REVENUE FUND EXPENSE 74,401,246 45,622,109 (28,779,136) 7 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 i I cctexas.com �xa Meeting Minutes 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. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:32 a.m. B. Invocation to be given by Reverend Gloria Lear, First United Methodist Church. Reverend Gloria Lear gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Alma Casas, Assistant Director of Financial Services. Assistant Director of Financial Services Alma Casas 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: Interim City Manager Keith Selman, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 Present: 8- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy,Council Member Lucy Rubio, and Council Member Greg Smith Absent: 1 - Council Member Debbie Lindsey-Opel E. Proclamations /Commendations 1. 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". Mayor McComb presented the proclamations. 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 Lane,spoke regarding an ADA parking incident that occurred at the Spohn Shoreline parking garage and the response from the Corpus Christi Police Department. Ron Woods, Corpus Christi Tennis Center; Christopher Medrano,4813 Holmes; Terry Sweet, 330 Camellia; and Katy Rogers, 5206 Moultrie, asked the City Council to consider building a new tennis facility on the southside of the City at Bill Witt Regional Park. Philippe Tissot, 3560 Aransas,spoke regarding Agenda Item 25, an update on floodplain management and regarding taking caution when considering the flood maps. Brian Watson, 5813 Hugo,spoke regarding budget issues relating to collective bargaining agreements with first responders and pensions for City employees. Isabel Araiza, 326 Poenisch, presented a petition to the City Secretary regarding opposition to budget cuts to libraries. Sylvia Campos,4410 Fir,spoke regarding the submission of a letter from the City of Corpus Christi requesting that entities in the City's industrial district pay their share of taxes and potential budget cuts to libraries. Brittany Garcia, 3214 Brawner Parkway,spoke regarding the following: the City investing in public City of Corpus Christi Page 2 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 spaces, including parks and libraries; the City's aging infrastructure; potential budget cuts to parks and libraries;tax abatements; and disconnecting services to commercial customers that are delinquent on their utility bills. Ed Cantu, 7122 S. Staples, congratulated new Council Member Everett Roy; thanked the City Council for their leadership; and invited the City Council to the Leadership Corpus Christi Alumni Association's Annual Meeting and Graduation on Thursday, May 24,2018 at the Omni Hotel at 5:30 p.m.where Council Member Ben Molina will be honored as "Alumnus of the Year". Susie Luna Saldana, 4710 Hakel, spoke regarding the following topics: potential budget cuts;the City Council policy requiring that remarks made by members of the public are not be addressed to council members as individuals nor be disrespectful; and supporting Red Nose Day.Joan Veith, 5701 Cain Drive, expressed appreciation to the City's first responders. Margareta Fratila, 3606 Tripoli,spoke regarding the Water Department and related legal issues. Julie Rogers, 710 Furman, spoke regarding the petition regarding opposition to budget cuts to libraries and planned social media campaign urging the City to submit a letter requesting that entities in the City's industrial districts pay their share of taxes. Chris Felan, 3806 Kingston,spoke regarding the following topics: posting evacuation information during Hurricane Harvey at public libraries;the appointment of council members by City Council;the budget related to first responders; and industrial district entities paying their fair share of taxes. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Selman spoke regarding the following topics: a. CITY PERFORMANCE REPORT- MUNICIPAL COURT Interim City Manager Selman introduced Director of Municipal Court Administration Gilbert Hernandez who provided a briefing on the mission statement, operational profile, baseline information and performance indicators of Municipal Court. Council members and staff discussed the following topics:the factors associated with the increase in the number of warrants issued in FY2016-2017; exploring options to make it easier for citizens to pay citations; and the number of citations issued. b. HEALTH BENEFITS UPDATE Director of Human Resources Steven Viera provided an update on the status of the Citicare, Police and Fire health plans including: plan performance; a graph displaying the claims cost, net of loss reimbursement per plan; recommendations for the plan design; and savings allocation. C. STRATEGIC FUTURE ISSUES 2. Wastewater Rates Update Assistant Director of Utilities Support Services Reba George stated that the purpose of this item is to provide a follow up regarding the implementation of the City's residential wastewater rate which took effect January 1,2018. Ms. City of Corpus Christi Page 3 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 George provided the following information: a comparison of wastewater charges for five customers,for January through April 2017 and 2018, which reflected the difference in winter quarter averaging versus the new wastewater rate structure; a comparison of the wastewater revenue posted through April 30,2018 in FY 2017 and FY2018; and the Utility Business Office's call volume concerning wastewater charges related to bills in 2017 and 2018. Council members and staff discussed the following topics: if customers have the option of a second meter for irrigation purposes, to reduce wastewater costs, and which department to contact to begin the process; that the cap of 25,000 gallons may be too high;winter quarter averaging;the number of residences exceeding 25,000 gallons in water usage per month;the comparison of wastewater revenue from FY2017 and FY2018; and a comparison of billing versus revenue for FY2017 and FY2018. d. OTHER 1) Interim City Manager Selman presented a video related to the completion of the Bond 2014 Ennis Joslin Road Extension.2) Texas A&M University-Corpus Christi (TAMU-CC)will begin a citizens survey on Tuesday, May 29,2018. TAMU-CC will be sending out 10,000 postcards to citizens advising them how to access the citizen survey. 3) The Corpus Christi Libraries will begin the Summer Reading Program from June through August.4) Interim City Manager Selman recognized Firefighter of the Year, Firefighter Josh Brunemeier and Fire Prevention Officer of the Year, Firefighter Inspector Juan Mora. G. MINUTES: 3. Regular Meeting of May 15, 2018. Mayor McComb referred to approval of the minutes. Council Member Guajardo made a motion to approve the minutes,seconded by Council Member Molina and passed unanimously(Council Member Lindsey-Opel -absent). H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: R. EXECUTIVE SESSION: (ITEM 26) Mayor McComb deviated from the agenda and referred to Executive Session Item 26. The Council went into executive session at 1:35 p.m. The Council returned from executive session at 2:18 p.m. 26. 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. This E-Session Item was discussed in executive session. City of Corpus Christi Page 4 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 26. K. CONSENT AGENDA: (ITEMS 4 - 12) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member Hunter, seconded by Council Member Garza, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 5- Mayor McComb, Council Member Garza, Council Member Hunter, Council Member Molina and Council Member Roy Absent: 4- Council Member Guajardo, Council Member Lindsey-Opel, Council Member Rubio and Council Member Smith Abstained: 0 4. 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. This Resolution was approved on the consent agenda. Enactment No: 031436 5. 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 passed on the consent agenda. Enactment No: 031437 6. Service Agreement to Audit Claims Processing of Self-Funded Medical and Pharmacy Plans City of Corpus Christi Page 5 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 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 passed on the consent agenda. Enactment No: M2018-087 7. 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 passed on the consent agenda. Enactment No: M2018-088 8. 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 passed on the consent agenda. Enactment No: 031438 9. 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". This Ordinance was passed on second reading on the consent agenda. Enactment No: 031439 10. Second Reading Ordinance - Updating the Urban Transportation Plan deleting two proposed collector streets (1st Reading 5/15/18) City of Corpus Christi Page 6 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031440 11. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031441 12. 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) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031442 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 13 - 14) 13. 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). City of Corpus Christi Page 7 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 Mayor McComb referred to Item 13. Director of Aviation Fred Segundo stated that the purpose of this item is to execute Change Order No. 3 in the amount of $226,351.02 for the Corpus Christi International Airport Operations Area Perimeter Fence Replacement Project. There were no comments from the public. In response to a council member, Mr. Segundo stated that the Federal Aviation Administration will fund 90%of the project with a City match of 10%. Council Member Rubio made a motion to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 Enactment No: M2018-089 14. 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 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. Mayor McComb referred to Item 14. Director of Human Resources Steven Viera stated that the purpose of this item is to authorize the negotiation and execution of four,three-year service agreements to provide third-party administration of the City's self-funded employee benefits with the following City of Corpus Christi Paye 8 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 companies: Blue Cross and Blue Shield of Texas,with an estimated cost of $97,860,000; CAREMARKPCS HEALTH, L.L.C. (CVS), with an estimated cost of $26,800,000; Dearborn National Life Insurance, with an estimated cost of $2,060,000; and Ochs, Inc., on behalf of Madison National Life Insurance Company, Inc.,with an estimated cost of$680,000. There were no comments from the public. City Secretary Rebecca L. Huerta announced that Council Member Hunter was abstaining from the vote on this item. Council members and staff discussed the following topics:the total cost of the agreements is based on utilization;the stop loss amount; a council member's request to amend the resolution to include that renewal options are subject to City Council approval; and the cost per year. Council Member Smith made a motion to amend the resolution to require Council approval of renewal options,seconded by Council Member Guajardo and passed unanimously(Council Member Hunter-abstained; Council Member Lindsey-Opel -absent). Council Member Garza made a motion to approve the resolution as amended, seconded by Council Member Molina. This Resolution was passed and approved as amended with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 1 - Council Member Hunter Enactment No: 031443 O. FIRST READING ORDINANCES: (ITEMS 15 - 17) 15. First Reading Ordinance - Refunding Acreage/Lot Fees Paid Ordinance refunding $13,006.92 from Wastewater Trunk System Trust Fund to John and Elizabeth Butler. Mayor McComb referred to Item 15. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to authorize the refund of wastewater lot and acreage fees for Butler Addition, Lot 1, located at 6654 Yorktown Boulevard. Ms. Nixon-Mendez presented the following information: a location map of the subject property; an aerial overview of the subject property;the refunding requirements; and staff's assessment. There were no comments from the public. Council members and staff discussed the following topics:the interest rate;the tracking system for wastewater lot and acreage fees;the proximity of the subject property to Del Mar College; and future extension of wastewater to the area as development occurs. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Paye 9 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 16. 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 Mayor McComb referred to Item 16. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item to authorize a waiver of wastewater lot or acreage fee exemption and to execute a Sanitary Sewer Connection Agreement with Range Land Products Terminal, LLC. Ms. Nixon-Mendez presented the following information: an aerial view of the subject property; a preliminary wastewater main layout aerial view;the two options considered and associated costs;the exemption requirements; and staff's assessment. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 17. 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 Block 1, located at 3801 Woodhouse and requiring the owner, Grangefield Development, LLC., to comply with the specified conditions. Mayor McComb referred to Item 17. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to abandon and vacate an existing electrical easement out of Grange Park Unit 1 Subdivision located at 3801 Woodhouse. There were no comments from the public. In response to a council member, Ms. Nixon-Mendez stated that there are no City utilities in the easement and the easement is dedicated for electrical utilities. City of Corpus Christi Page 10 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 Council Member Garza made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 BRIEFINGS: (ITEM 24) 24. Proposed Bond 2018 Update Mayor McComb deviated from the agenda and referred to Item 24. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to provide an update regarding the proposed Bond 2018. Ms. Gray provided the City Council with a draft Proposed 2018 Bond Program Information Guide and a draft ordinance ordering the Special Election in November which includes the ballot language for the bond projects. Ms. Gray presented the following information: an overview of the initial program as presented at the July 13,2017 City Council workshop; a summary of the changes to the initial plan;the current propositions;the implementation approved by the City Council on August 15, 2017;the development summary for Street Propositions A&B; Proposition 1 as presented on July 13, 2017; Proposition A summary of changes; a map of the proposed changes in Proposition A for the following projects: Holly Road, Slough Road, Lipes Boulevard, and Strasbourg Drive; current proposed Proposition A summary; Proposition 2 as presented on July 13, 2017; Proposition B summary of changes; current proposed Proposition B summary; Proposition 3 expanded into four propositions (C, D, E, &F);the summary of changes for Propositions C, D, E, & F;the 2018 Bond Information Guide; the draft bond ordinance; next key steps; and the project implementation schedule. Council members and staff discussed the following topics: projects in the downtown and island areas being funded by TIRZ funds instead of bonds;the draft ordinance; the utility increase for residential customers of$2.82 per month; the total amount from utility costs; consideration of 100%engineering design for the Laguna Shores and Frio Street/Hacala Street/Dorado Street Corridor Projects;the projects identified for pre-design at 100%and 60%;the proposed 2018 Bond Program Information Guide; and how much the school districts contribute to streets. P. FUTURE AGENDA ITEMS: (ITEMS 18 - 23) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff had a planned presentation on Item 19. 18. Agreement with United Corpus Christi Chamber of Commerce to support the South Texas Military Facilities Task Force City of Corpus Christi Page 11 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 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. This Motion was recommended to the consent agenda. 19. 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. This Resolution was recommended to the consent agenda. 20. 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 Council cooperative, for a total amount of$1,291,346.00. This Motion was recommended to the consent agenda. 21. 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. This Motion was recommended to the consent agenda. 22. 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. This Motion was recommended to the consent agenda. City of Corpus Christi Page 12 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 23. 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. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEM 24) 25. Floodplain Management Update Mayor McComb referred to Item 25. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to provide an update on the City's floodplain management program, preliminary flood insurance rate map and higher standards. Ms. Nixon-Mendez provided the following information: creation of a Flood Hazard Mitigation Committee; the Flood Hazard Mitigation Committee's development and maintenance of the Program for Public Information and Flood Insurance Coverage Improvement; an update to the preliminary flood insurance rate maps;the appeal of the Oso Creek area in 2016;the preliminary map versus the appeal map;the preliminary numbers from the Oso Creek Appeal;the anticipated adoption schedule for the preliminary maps; preliminary map adoption;the proposed higher standards;the Limit of Moderate Wave Action (LiMWA)zone; LiMWA impacts;the LiMWA map;the schedule of the preliminary map and higher standards; and an outline of the proposed higher standards. Council members and staff discussed the following topics: if the City Council did not adopt the flood insurance rate maps,flood insurance would not be available to residents;the LiMWA zone follows the velocity zone standards; other communities adopting above the base flood elevation (BFE); if freeboarding was considered;the insurance impact of adopting above the BFE; the number of points received for establishing the public information plan, establishing the flood insurance coverage improvement plan and adopting the LiMWA;the number of properties in the wetland within the LiMWA; the impact and benefits of adopting the LiMWA;the number of credits needed for the city to move up to the next class; the schedule for adoption; the higher standards and consequences for adopting higher standards;the LiMWA map;the preliminary numbers of the Oso Creek appeal;seclusion of the downtown area and the Greenwood Wastewater Treatment Plant area from the plan; case studies of communities that have adopted and unadopted the plan;the revision process to include the secluded area to the plan; and opportunities for public input. MOTION OF DIRECTION Council Member Smith made a motion directing the Interim City Manager to bring back action items regarding the Flood Hazard Mitigation Committee and City of Corpus Christi Page 13 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 the preliminary flood insurance rate maps, seconded by Council Member Guajardo and passed unanimously(Council Members Hunter and Lindsey-Opel -absent). T. SUPPLEMENTAL AGENDA ITEM: 29. 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. Mayor McComb deviated from the agenda and referred to Item 29. Director of Public Health Annette Rodriguez stated that the purpose of this item is to accept an amendment to a grant from the Texas Department of Health Services for Laboratory Response in the amount of$201,123 for the contract period July 1,2017 to June 30,2019. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on emergency and approved with the following vote: Aye: 6- Mayor McComb, Council Member Garza, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 3- Council Member Guajardo, Council Member Hunter and Council Member Lindsey-Opel Abstained: 0 Enactment No: 031444 R. EXECUTIVE SESSION: (ITEMS 27 - 28) Mayor McComb referred to Executive Session Items 27 and 28. The Council went into executive session at 4:04 p.m. The Council returned from executive session at 5:03 p.m. 27. 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 City of Corpus Christi Page 14 Printed on 6/1/2018 City Council Meeting Minutes May 22,2018 aforesaid matter(s). This E-Session Item was discussed in executive session. 28. 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 § 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. Mayor McComb referred to Item 28 and the following motion was considered: Motion to authorize the Interim City Manager or designee to execute Notices to Proceed for task orders issued pursuant to the City's Master Services Agreement with Freese and Nichols, Inc.for the Seawater Desalination Project,subject to the May 22,2018 letter of clarification from said firm. Council Member Smith made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 2- Council Member Hunter and Council Member Lindsey-Opel Abstained: 0 Enactment No: M2018-090 S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS None. U. ADJOURNMENT The meeting was adjourned at 5:06 p.m. City of Corpus Christi Page 15 Printed on 6/1/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 i I cctexas.com �xa Meeting Minutes City Council Workshop Session Thursday, May 17,2018 9:00 AM City Council Chambers Public Notice - - ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED. THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor Pro Tem Greg Smith called the meeting to order at 9:16 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present 8- 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 Absent 1 - Mayor Joe McComb C. BRIEFINGS TO CITY COUNCIL: Budget Workshop 4 - Overview of Fiscal 2018-2019 Operating Budget Mayor Pro Tem Smith referred to Item C. Director of the Office of Management and Budget Eddie Houlihan presented information on the following topics relating to the FY 2019 budget: estimated property tax values and revenues; industrial district"in-lieu-of-tax" revenue; revenues in general; General Fund projected obligations and considerations; potential savings in health benefits; General Fund Public Safety projected City of Corpus Christi Page 1 Printed on 5/31/2018 City Council Workshop Session Meeting Minutes May 17,2018 health benefits obligations; potential Solid Waste fee increase; United Corpus Christi Chamber of Commerce's residential street recommendations and revenue considerations; Council-directed change; Enterprise Funds; utility transfer to the General Fund; potential Internal Services and General Fund reductions; other potential options; and staff recommendations and council direction. Council members and staff discussed the following topics: that some of the departments that were in the 6% reductions previously presented are not in the reductions presented today;effects on the property tax rate; utilizing realistic actuarial estimates; determining the cost-benefit of the City's recycling program and its associated revenue versus the cost of damage caused by recycling trucks; consequences of fiscal reductions in the IT Department;the consequences of deferring maintenance in the Asset Management Department; an increase in property taxes dedicated solely to Public Safety; retaining the eight police officers recently added and holding the police academy;taking a comprehensive look at potentially eliminating the City's recycling program;the effects of cutting marketing in the Gas Department; cash-flowing improvements and reducing some projects in the Storm Water Department;separating the storm water rate from the water rate; developing a five-year plan using the budget numbers presented; concern regarding the current trend of increasing debt; public safety contractual obligations; delaying decisions versus debt funding versus additional budget cuts; additional federal revenue opportunities; additional cuts from other departments;sponsorship of council members'meals during council meetings; and deciding which parks and which libraries are needed based on utilization. Council Member Rubio made a motion directing the Interim City Manager to look more in depth at certain departments, seconded by Council Member Guajardo. Mayor Pro Tem Smith called for discussion, restating that the motion called for further reductions beyond what is proposed in today's presentation. Council Member Guajardo rescinded her second. Mayor Pro Tem Smith seconded the Motion of Direction. Council members and staff discussed the following additional topics: when the City will know the potential savings associated with changes to the health plan; potential savings in the Police and Fire health plans; potential savings from the civilian employees' health plan and industrial district agreements; not wanting additional budget cuts; collecting revenues associated with enforcing existing ordinances; opportunities to partner with organizations and create sponsorship opportunities for departments;sharing the current and future cost of lighting the Harbor Bridge; savings to be realized by city council members using an iPad versus printed copies of the city council agenda; revenue versus cost-avoidance related to health care; seeking out new revenue opportunities in departments, for instance, a coffee shop in libraries; monies available for debt service versus for operating costs, now and in the future;the pay-as-you-go approach; increasing revenues; identifying new ways to efficiently deliver services; utilizing reserves versus requiring additional cuts; a council member stating that iPads are not workable and the City's agenda system is not functional; council members' use of laptops versus iPads to view the city council agenda; and increases in efficiencies. City of Corpus Christi Page 2 Printed on 5/31/2018 City Council Workshop Session Meeting Minutes May 17,2018 MOTION OF DIRECTION Council Member Rubio made a motion directing the Interim City Manager to look into further reductions and efficiencies in departments, beyond what is proposed in today's presentation,seconded by Mayor Pro Tem Smith and passed unanimously(Mayor McComb and Council Member Hunter-absent). MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the Interim City Manager to incorporate into the proposed FY 2019 budget,the voter-approved two-cent property tax increase,seconded by Council Member Garza, and passed unanimously(Mayor McComb and Council Member Hunter-absent). Council members and staff went on to discuss the following topics related to Solid Waste: direction to the Solid Waste Department; additional information needed;the impact of buying refuse bins; amendments to contracts; capitalization of solid waste cells at the landfill; the effect of raising solid waste fees related to residential streets; and some council members requested a more detailed presentation regarding solid waste. D. ADJOURNMENT The meeting was adjourned at 10:35 a.m. City of Corpus Christi Page 3 Printed on 5/31/2018 City Of Corpus Christi CIVIL SERVICE COMMISSION BOARD DETAILS qq FOR FIREFIGHTERS AND POLICE OFFICERS SIZE 3 Seats ONLY - The Civil Service Commission adopts, TERM LENGTH 3 Years amends, and enforces a code of rules and regulations providing for appointment, employment, or OVERVIEW Years suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also, rules regulating promotions, demotions, reduction in force of employees in the classified service and in what order they shall be dismissed and reinstated. With additional duties as outlined under Chapter 143, Texas Local Government Code. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Three(3)members shall be appointed by the Chief Executive of the City and F-Elk confirmed by a majority of the City Council. Members must(1)be of good moral character, (2)be a U.S.Citizen, (3)be a resident of the City and have lived in the City for three years preceding appointment, (4)be over 25 years of age,and (5) not have held a public office within the preceding three years. DETAILS .............................................................................................................................................................................................................................................. CREATION/AUTHORITY Chapter 143,Texas Local Government Code. .............................................................................................................................................................................................................................................................................................................................. MEETS Meets third Thursday of every month and on call,9:00 a.m., Human Resources Conference Room,2nd Floor, City Hall. ............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Three-year terms. .............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Human Resources _.............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION CIVIL SERVICE COMMISSION Page 1 of 1 Civil Service Commission June 12,2018 One(1)vacancy with term to 6/15/20 representing the following category:1-Regular Member. (The City Manager appoints to the Civil Service Commission and the City Council appoints to the Civil Service Board. Traditionally,the same members serve on the Civil Service Board and Commission. Appointments to the Commission are subject to confirmation by the City Council.) (Interim City Manager Keith Selman is recommending the appointment of Gerald Avila.) Karen Beard CIVIL SERVICE BOARD Resigned District 2 Partial 6/15/18 Regular Robert W.Judkins CIVIL SERVICE BOARD Active District 5 1 6/15/19 Regular Guy Nickleson CIVIL SERVICE BOARD Active District 5 2 6/15/20 Regular Civil Service Commission Applicants June 12,2018 Gerald Avila CIVIL SERVICE COMMISSION District 5 Casitas de Avila,LLC&Del Mar College 7410 Trail Creek Dr Corpus Christi TX Ruben Garcia III CIVIL SERVICE COMMISSION District 5 Corpus Christi Army Depot 308 3rd St. Corpus Christi TX Craig C Hebner CIVIL SERVICE COMMISSION District 1 Horton Automatic 4242 Baldwin Blvd Corpus Christi TX Zachary King CIVIL SERVICE COMMISSION District 4 Nueces County 705 W.Ave A Port Aransas TX Robert C Soape CIVIL SERVICE COMMISSION District 5 Corpus Christi TX CITY OF CORPUS CHRISTI Submit Date: May 04, 2018 Application for a City Board, Commission, Committee or Corporation Profile Gerald Avila First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 7 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Casitas de Avila, LLC & Delmar College Owner and Adjunct Professor i iiployer Job Title 7410 Trail Creek Dr Work Address-Street Address and Suite Number Corpus Christi Work Address-City Gerald Avila Page 1 of 6 Texas Work Address-State 78414 Work Address-Zip Code 3616732595 Work Phone casitasdeavila@gmail.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelors Degree in History and Government Masters Degree in Adult Education & Programming Retired Army achieving the rank of Lieutenant Colonel; last position was Professor of Military Science at TAMUCC and Battalion Commander of the ROTC Program Volunteer in various Veteran Programs Member of Big Brother Big Sister Program Why are you interested in serving on a City board, commission or committee? I want to continue to serve my community. I served in the Army a total of 26 years and I miss serving others. I have a wealth of experience and knowledge I can share. Avila Resume.docx Upload a Resume Gerald Avila Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Gerald Avila Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. None Gerald Avila Page 4 of 6 Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? (.- Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? (- Yes (-. No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? (.- Yes r* No Gerald Avila Page 5 of 6 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Gerald Avila Page 6 of 6 Gerald Avila SUMMARY Provide executive leadership with a clear vision and goals; establish a moral and ethical positive environment by example and through open communication; motivate passionate personnel to improve others way of life through grassroots approaches which will impact and inspire all. -Cultural Astute -Bilingual (English/Spanish) -Instruction -Teambuilding -Resource Manager -Strategic Planning -Result oriented -Program Design -Multi-task oriented -Negotiator -Budget -Leadership CAREER HIGHLIGHTS Executive Leadership • Created a strategy to recruit, develop, retain and commission top quality college students as Second Lieutenants into the U.S. Army as the CEO and Professor of Military Science, Reserve Officer Training Corps (ROTC), Texas A&M University-Corpus Christi. Designed a marketing and branding plan to expose the organization to the local and regional community while developing students through outcome based training and education. - Commissioned 47 adaptive and critical thinking officers into the U.S. Army. - Negotiated and secured a 1300 acre ranch for training; over $2 million in scholarships for students; and the retention of over 100 students per school year. - Organization is now the Premier Senior ROTC Program in South Texas. Management • Provided direct oversight of program staffs consisting of military and federal civilian employees. Managed program's daily operations to include operations, logistics, budget, legal actions, training, safety, and facilities. -Processed over 56,000 Soldiers into the U.S. Army. -Maintained an operational budget of$780,000. -Flawlessly facilitated the realignment of multiple Army organizations and restructuring them to maximize unit effectiveness Operations • Planned, programmed, and implemented strategic human resources reforms for the Afghan National Army. Shaped the complex environment by working directly with the Afghan Deputy Minister of Defense to develop and implement human resources policies and regulations. -Developed the Afghan Personnel Systems Lifecycle Model that was adopted and implemented throughout the Ministry of Defense. -Facilitated the development and implementation of 13 human resources systems throughout the Afghan National Army. -Thrived in a multi-national, multi-service environment. Greatly improved U.S. and Afghan relations through cultural awareness, active listening, and diplomatic negotiations. PROFESSIONAL EXPERIENCE U.S. Army Officer, Senior Human Resources Officer 1994-2014 Successful and distinguished military career progressing to the rank of Lieutenant Colonel with increasingly responsible positions requiring direct leadership, definite ethical conduct, project planning and execution, and fiscal responsibility. Chief Executive Officer and Professor of Military Science, United States Army Cadet Command, Texas A&M University-Corpus Christi, Corpus Christi, TX, 2011— Present • Provided vision, established a strategy, and managed resources to meet goals and objectives. • Developed adaptive, critical leaders through Outcomes Based Training and Education. • Fostered relationships between the U.S. Army, university officials, and community leaders. Executive Officer, 43d Reception Battalion, Ft. Leonard Wood, MO, 2010-2011 • Managed the program's daily operation of processing soldiers into the U.S. Army and transporting them to their assigned training units resulting in processing over 24k soldiers a year. • Designed effective processing mechanisms to maximize efficiency by leading a team of external federal agencies greatly reducing soldier attrition rate from 5% to 1.6%. Senior Advisor to Deputy Minister of Defense for Personnel and Education, Combined Security Transition Command-Afghanistan, Operation Enduring Freedom, 2007-2008. • Subject matter expert on all U.S. Army human resources policies and aided Afghan National Army human personnel recruit, process, and document over 125,000 Afghan soldiers. • Selected as Senior Advisor to the Deputy Minister of Defense by achieving a 100% approval rate on human resource policies through diplomatic negotiations with various Afghan diplomats. Senior Human Resources Operations Officer, 21St Theater Sustainment Command, Kaiserslautern, Germany, 2006-2007. • Human resources planner of the largest logistics organization outside the United States covering the European continent and provided accountability oversight of thousands of soldiers deploying from Europe to Afghanistan and Iraq. • Project manager on the implementation of a new Army human resources application throughout the organization; as well as the employment of human resource sustainment center in Europe. • Directly involved in planning the restructure of the organization which led to the successful transformation of three large size units, the inactivation of two units, while simultaneously deploying and re-integrating units in support of the Global War on Terrorism. EDUCATION Texas Teacher Certification, Corpus Christi, TX Master of Science in Adult Education and Programming, Kansas State University, KS Bachelor of Arts in History and Government, New Mexico State University, NM Senior Officer Leadership School, Ft. Leavenworth, KS Senior Human Resources Officer Course, Ft. Jackson, SC Officer Leadership School, Ft. Leavenworth, KS Human Resources Officer Course, Ft. Ben Harrison, IN PROFESSIONAL SOCIETIES/MEMBERSHIPS Iraq and Afghanistan Veterans of America (IAVA) Society for Comparative Adult Education CITY OF CORPUS CHRISTI Submit Date: Oct 03, 2017 Application for a City Board, Commission, Committee or Corporation Profile Ruben Garcia III First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 30 If yes,how many years? Primary Phone Alternate Phone Corpus Christi Army Depot Aircraft Examiner Employer Job Title 308 3rd St. Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Ruben Garcia III Page 1 of 6 78419 Work Address-Zip Code 361-961-6289 Work Phone ruben.garcia180.civ@mail.mil Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Associate's Degree-Liberal Arts, Del Mar College Bachelor's Degree-Administration, Minor in Human Resources, University of the Incarnate Word Graduate Student-Masters in Public Administration, Texas A&M Corpus Christi Why are you interested in serving on a City board, commission or committee? I have a desire to serve my community in a greater capacity. I believe I can make a positive impact in our local community with my education and professional experience. Ruben Garcia III resume .docx Upload a Resume Ruben Garcia Bio.docx Please upload any additional supporting documents. Ruben Garcia III Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Ruben Garcia III Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No Ruben Garcia III Page 4 of 6 If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I work for the Corpus Christi Army Depot. While I am confident I can perform the official duties given my experience, there may be a time when it is mandatory to work overtime. I have not seen this mandate in several years, but it is possible given the nature of our mission to support the war fighter. In the event I am on call, I may not be able to respond immediately due to a possibility of mandatory over time. But I will certainly answer the call upon immediate availability thereafter. Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? r Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r• No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? r. Yes r No Ruben Garcia III Page 5 of 6 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? rYes rNo Ruben Garcia III Page 6 of 6 Ruben Garcia III OBJECTIVE With over 13 years of professional experience, I specialize in compliance with a wide range of specialties such as environmental, safety, airworthiness, quality management system, and International Organization for Standardization. My experience also includes the importance of business development by making decisions based on analytical trends. In addition to earning a Bachelor's Degree from the University of the Incarnate Word, which has provided a foundation in organizational development, I strongly believe in my aptitude to adapt, learn, and apply myself to achieve organizational goals. QUALIFICATIONS • Over 13 years of professional experience • Bachelor of Arts in Administration • Strategic planning experience • Business decisions based on cost estimates • Analyzing trends for process improvements • Specialize in compliance • Strong research skills • Quality Management System experience • Military veteran • Civilian Service Medal WORK HISTORY AIRCRAFT EXAMINER/CORPUS CHRISTI ARMY DEPOT/JUNE 2016-PRESENT Conduct examinations, and evaluations of a variety of Army, Navy, and/or Air Force aircraft rotary wing transmissions and gearboxes on a pre-induction basis, inclusive of the different systems, subsystems, components, and sub-components and parts thereof, either within the assigned workload of CCAD, or for aircraft powertrain components assigned to foreign countries or different contractors for the purpose of determining the depth and scope of the necessary repair, overhaul, and/or modification required to return such aircraft components to a serviceable condition in accordance with the applicable Project Directive, mission statement, or customer specified statement of work. Prepare cost estimate reports, outlining parts and material required to repair such aircraft rotary wing transmissions and gearboxes, as well as forecasting labor requirements and cost; to accomplish needed repair, overhaul, and modification. Relevant skills: upper level position, strong adherence to a variety of standards, procedures, policy, tech data, regulations, quality management system, analyze trends, make business decisions based on cost estimates, team building, meeting deadlines, training others, work under pressure, establish work guidelines QUALITY CONTORL INSPECTOR/CORPUS CHRISTI ARMY DEPOT/FEBRUARY 2015-JUNE 2016 Serve as a quality control inspector responsible for inspection of a variety of aircraft transmissions, gear boxes, other power train assemblies, and related components that have been overhauled, repaired, or modified by trade workers. Work may involve assignment at any one of several inspection stations, located in individual shops that may specialize in a certain model of the equipment identified. Performs in-process and final acceptance inspections. Monitor testing of items and/or performs static or operational tests. Assure that all work processes accomplished meet established quality control criteria, i.e., good workmanship, specified measurements and tolerances, and conformance with current technical data and work specifications. Relevant skills: quality control, strong adherence to a variety of standards, procedures, policy, tech data, using automated systems to analyze both successful and unsuccessful trends, assist management with business decisions based on analytical trends, documentation of objective evidence, teamwork, team building, working well under pressure, meeting deadlines, writing reports WORK LEADER/CORPUS CHRISTI ARMY DEPOT/FEBRUARY 2014-FEBRUARY 2015 Lead a branch of the transmission production operations in a highly industrialized depot complex engaged in the maintenance, repair, and/or overhaul of gearbox assemblies, sub-assemblies, accessories, components, and other parts. Carry out plans and execute all operational, some administrative and technical functions of the organization from management. Distribute assignments to subordinates and establish timelines. Verify work in progress and when finished, check for compliance with supervisor's instructions on work sequence, procedures, methods, and deadlines. Relevant skills: Compliance with all technical data, research skills, team building, working under pressure, meeting deadlines, executing plans, training others EDUCATION BACKGROUND University of the Incarnate Word Bachelor of Arts in Administration MILITARY BACKGROUND U.S. Air Force Reserve September 2003-September 2012 Honorable Discharge (Staff Sergeant) Supported Operation Enduring Freedom/Operation Iraqi Freedom National Defense Medal, Air Force Achievement Medal, Armed Forces Reserve Medal w/ M device, Global War on Terrorism Service Medal Texas Air National Guard December 2015-Current Staff Sergeant Professional references upon request pill - rs* of fhr PLT f4r nuf4nrit� v tf,e ourb of rzt�trrs ttT14 UVIOU fl�-e xrrrslltlueats4�fiuu f tklr ax�tff rnnfars �r Ian �urn Murritt III CIL, of �6tt im'Atntllilt ifh illt tl�p rig4fs mu4 prixii[eges pertaining t4impfa f4is fife fuurftj ba}i of pierettlhrr, ffira t4mtsanl un8 fiffeen_ r �y ky f c®errs cssisriassr®EP®r BETTER-£ASTER-eVST££Fffl= 4 Biograp .+ Ruben Garcia III i Aircraft Examiner Directorate of Engine and Power Train Production ok r Ruben Garcia was born in Corpus Christi, TX in 1984. He attended Mary Carroll High School and graduated in 2002. After a semester at Del Mar College, he joined the United States Air Force Reserve and started his career in aviation maintenance. Realizing the importance of education, Ruben took advantage of his educational benefits and went back to Del Mar College. He achieved his Associates Degree in Aviation Maintenance Technology from the Community College of the Air Force. Furthermore, he finished the program at Del Mar College and attained a second Associates Degree in Liberal Arts. Ruben continued his education at the University of the Incarnate Word and obtained a Bachelor of Arts in Administration with a minor in Human Resource Management in 2015. Currently, he is pursuing a Master's in Public Administration at Texas A&M Corpus Christi. Ruben started his career in aviation maintenance in 2003, and after serving in support of Operation Enduring Freedom, he was offered a full time job with the Air Force as a civilian working as an aerospace propulsion specialist. Thereafter, Ruben transferred to the Corpus Christi Army Depot in June 2007. He started his CCAD career as a helper, and with hard work and determination was soon promoted to a journeyman level mechanic in April 2008. With a commitment to professional development, he was accepted into the CCAD UPLIFT Program and graduated in 2014. During this time Ruben was then promoted to work leader in Rotor Control. After a year, he accepted a position as a Quality Control Inspector where he supported Transmission, Gearbox, and Rotor Head systems. Currently, Ruben serves as an Aircraft Examiner for the Directorae of Engine and Powertrain Production. Ruben is a dedicated husband and father of two beautiful little girls. He volunteers at his local church where he is an active member at Most Precious Blood Catholic Church. He is currently a member of the Texas Air National Guard as a non- commisioned officer. D :0 D our Public Affairs Office 308 CrecySt. Mail Stop#11 Command Ste. Room#116 Corpus Christi,TX 78419 Scan website www.ncad.e toar visit p P website @ www.ccad.army.mil 3619613627 CITY OF CORPUS CHRISTI Submit Date: May 16, 2017 Application for a City Board, Commission, Committee or Corporation Profile Craig C Hebner First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 37 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Horton Automatic Customer Care/ Parts Manager ,,,,oyer Job Title 4242 Baldwin Blvd Work Address-Street Address and Suite Number Corpus Christi Work Address-City Craig C Hebner Page 1 of 7 Texas Work Address-State 78405 Work Address-Zip Code 3618666719 Work Phone Craig_Hebner@Overheaddoor.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CLEAN CITY ADVISORY COMMITTEE: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CIVIL SERVICE COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted BUILDING STANDARDS BOARD: Submitted AIRPORT BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Trustee on Board of Directors for Wood River Home Owners Association Why are you interested in serving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Craig C Hebner Page 2 of 7 Craig Resume_5-1-16_2 .docx Upload a Resume Demographics Gender V Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Craig C Hebner Page 3 of 7 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (- No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Craig C Hebner Page 4 of 7 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rw Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r Yes r- No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? r Yes r^ No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r= No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? r. Yes r No Craig C Hebner Page 5 of 7 Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Not Connected with Oil and Gas Well Industry Question applies to WATER RESOURCES ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * W Residential Customer and Home Owner of City's Water System Craig C Hebner Page 6 of 7 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Craig C Hebner Page 7 of 7 Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015— Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review projects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study job specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction projects • Prepare and submit budget estimates and progress /cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out 0 Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 —January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel,job site equipment, and materials needed • Prior to arrival on j ob site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids Lead Engineer 2009-2012 Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well-bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Tetra Mud School Combat Lifesavers Course Tetra Well Control School Combat Controller Fluid Engineer School Basic EMT Course Defensive Driving Range Safety Officer Plant Operations Course Heavy Equipment Operators Course PEC SafeGulf School of Infantry PEC SafeLand Marine Corps Leadership School Offshore Safety Certification Flight Deck Safety Course IADC Global Leadership Course Crane & Riggers Course Forklift Certification Offshore Safety Certification Rig Pass HSE Safety A.R.C. CPR and First Aid Certification CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: Feb 22, 2018 Application for a City Board, Commission, Committee or Corporation Profile Zachary King First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 5 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Nueces County Deputy Constable i mployer Job Title 705 W. Ave A Work Address-Street Address and Suite Number Port Aransas Work Address-City Zachary King Page 1 of 6 TX Work Address-State 78373 Work Address-Zip Code 361-749-5212 Work Phone zachary.king@nuecesco.com Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? CIVIL SERVICE COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) High School Diploma, some college, police officer for 10 years, the last 5 with Nueces County Why are you interested in serving on a City board, commission or committee? I wish to serve the community by having a voice in local decision making. Demographics Gender W Male Zachary King Page 2 of 6 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Zachary King Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Zachary King Page 4 of 6 Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? (.- Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? (- Yes (-. No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? (.- Yes r* No Zachary King Page 5 of 6 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Zachary King Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Robert C Soape First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 8 If yes,how many years? Primary Phone Alternate Phone n/a n/a Employer Job Title n/a Work Address-Street Address and Suite Number n/a Work Address-City n/a Work Address-State Robert C Soape Page 1 of 6 n/a Work Address-Zip Code n/a Work Phone kolt45soape@gmail.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? TREE ADVISORY COMMITTEE: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted LANDMARK COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted COMMISSION ON CHILDREN & YOUTH: Submitted CIVIL SERVICE COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am currently applying to all boards and comittees necssary to help my community Education, Professional and/or Community Activity (Present) graduated in 2010 from ray highschool and currently reaching out to any and all those I come across who are wanting to see a change within our local community Why are you interested in serving on a City board, commission or committee? I want to be apart of the change I wish to see around me and it starts right here in the city of corpus Christi tx Demographics Robert C Soape Page 2 of 6 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Robert C Soape Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Robert C Soape Page 4 of 6 Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? (.- Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? (- Yes (-. No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? (.- YesrNo Question applies to COMMISSION ON CHILDREN &YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Question applies to HUMAN RELATIONS COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Question applies to LANDMARK COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Robert C Soape Page 5 of 6 Question applies to TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? (- YesNo Question applies to TREE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r- Yes r No Robert C Soape Page 6 of 6 City Of Corpus Christi CIVIL SERVICE BOARD BOARD DETAILS SIZE 5 Seats The Civil Service Board adopts, amends, and in enforces a code of rules and regulations 107 TERM LENGTH 3 Years providing for appointment, employment, or OVERVIEW TERM LIMIT 6 Years suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction in force of employees in the classified service and in what order they shall be dismissed and reinstated. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Three(3)members and two(2)alternate members shall be appointed by the F-Elk Council for three-year terms or until a successor is named.The members choose their own chairman and appoint a chief examiner,not a member of the Board,who shall also act as secretary.Members must(1) be of good moral character, (2) be a U.S. Citizen, (3)be a resident of the City and have lived in the City for three years DETAILS preceding appointment, (4)be over 25 years of age,and (5)not have held a public office within the preceding three years,with the exception of notary public. ......... . . ............ . . ............. . . ............ . ................................................................................................................................................................................................................................................ CREATION/AUTHORITY City Charter Amendment Art.VII, Sec.2(3-25-55),Ord. 12948,Ord. 17258- 9/15/82;amended 4-3-93;Ord.31 007- 11/21/16. ................................................................................................................................................................................................................................ MEETS Meets third Thursday of every month and on call,9:00 a.m., Human Resources Conference Room,2nd Floor, City Hall. ............................................................................................................................................................................................................................................................................................................................... TERM DETAILS Three-year terms. ............................................................................................................................................................................................................................................................................................................................... DEPARTMENT Human Resources .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION CIVIL SERVICE BOARD Page 1 of 1 Civil Service Board June 12,2018 Three (3)vacancies with terms to 6/15/20 representing the following categories: 1- Regular Member and 2 -Alternate Members. (The City Council appoints to the Civil Service Board and the City Manager appoints to the Civil Service Commission. Traditionally, the some members serve on the Civil Service Board and Commission.)(Staff is recommending postponement of the two(2)Alternate Members for further recruitment.) Karen Beard CIVIL SERVICE BOARD Resigned District 2 Partial 6/15/18 Regular Robert W Judkins CIVIL SERVICE BOARD Active District 5 1 6/15/19 Regular Guy Nickleson CIVIL SERVICE BOARD Active District 5 2 6/15/20 Regular Vacancy CIVIL SERVICE BOARD Vacant Alternate Vacancy CIVIL SERVICE BOARD Vacant Alternate Civil Service Board Applicants June 12,2018 Work Address Gerald Avila CIVIL SERVICE BOARD District 5 Casitas de Avila,LLC&Del Mar College 7410 Trail Creek Dr Corpus Christi TX Ruben Garcia III CIVIL SERVICE BOARD District 5 Corpus Christi Army Depot 308 3rd St. Corpus Christi TX Craig C Hebner CIVIL SERVICE BOARD District 1 Horton Automatic 4242 Baldwin Blvd Corpus Christi TX Jason Page CIVIL SERVICE BOARD District 4 Self Employed Photographer 715 S Tancahua Corpus Christi TX Robert C Soape CIVIL SERVICE BOARD District 5 Corpus Christi TX CITY OF CORPUS CHRISTI Submit Date: May 04, 2018 Application for a City Board, Commission, Committee or Corporation Profile Gerald Avila First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 7 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Casitas de Avila, LLC & Delmar College Owner and Adjunct Professor i iiployer Job Title 7410 Trail Creek Dr Work Address-Street Address and Suite Number Corpus Christi Work Address-City Gerald Avila Page 1 of 6 Texas Work Address-State 78414 Work Address-Zip Code 3616732595 Work Phone casitasdeavila@gmail.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelors Degree in History and Government Masters Degree in Adult Education & Programming Retired Army achieving the rank of Lieutenant Colonel; last position was Professor of Military Science at TAMUCC and Battalion Commander of the ROTC Program Volunteer in various Veteran Programs Member of Big Brother Big Sister Program Why are you interested in serving on a City board, commission or committee? I want to continue to serve my community. I served in the Army a total of 26 years and I miss serving others. I have a wealth of experience and knowledge I can share. Avila Resume.docx Upload a Resume Gerald Avila Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Gerald Avila Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. None Gerald Avila Page 4 of 6 Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? (.- Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? (- Yes (-. No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? (.- Yes r* No Gerald Avila Page 5 of 6 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Gerald Avila Page 6 of 6 Gerald Avila SUMMARY Provide executive leadership with a clear vision and goals; establish a moral and ethical positive environment by example and through open communication; motivate passionate personnel to improve others way of life through grassroots approaches which will impact and inspire all. -Cultural Astute -Bilingual (English/Spanish) -Instruction -Teambuilding -Resource Manager -Strategic Planning -Result oriented -Program Design -Multi-task oriented -Negotiator -Budget -Leadership CAREER HIGHLIGHTS Executive Leadership • Created a strategy to recruit, develop, retain and commission top quality college students as Second Lieutenants into the U.S. Army as the CEO and Professor of Military Science, Reserve Officer Training Corps (ROTC), Texas A&M University-Corpus Christi. Designed a marketing and branding plan to expose the organization to the local and regional community while developing students through outcome based training and education. - Commissioned 47 adaptive and critical thinking officers into the U.S. Army. - Negotiated and secured a 1300 acre ranch for training; over $2 million in scholarships for students; and the retention of over 100 students per school year. - Organization is now the Premier Senior ROTC Program in South Texas. Management • Provided direct oversight of program staffs consisting of military and federal civilian employees. Managed program's daily operations to include operations, logistics, budget, legal actions, training, safety, and facilities. -Processed over 56,000 Soldiers into the U.S. Army. -Maintained an operational budget of$780,000. -Flawlessly facilitated the realignment of multiple Army organizations and restructuring them to maximize unit effectiveness Operations • Planned, programmed, and implemented strategic human resources reforms for the Afghan National Army. Shaped the complex environment by working directly with the Afghan Deputy Minister of Defense to develop and implement human resources policies and regulations. -Developed the Afghan Personnel Systems Lifecycle Model that was adopted and implemented throughout the Ministry of Defense. -Facilitated the development and implementation of 13 human resources systems throughout the Afghan National Army. -Thrived in a multi-national, multi-service environment. Greatly improved U.S. and Afghan relations through cultural awareness, active listening, and diplomatic negotiations. PROFESSIONAL EXPERIENCE U.S. Army Officer, Senior Human Resources Officer 1994-2014 Successful and distinguished military career progressing to the rank of Lieutenant Colonel with increasingly responsible positions requiring direct leadership, definite ethical conduct, project planning and execution, and fiscal responsibility. Chief Executive Officer and Professor of Military Science, United States Army Cadet Command, Texas A&M University-Corpus Christi, Corpus Christi, TX, 2011— Present • Provided vision, established a strategy, and managed resources to meet goals and objectives. • Developed adaptive, critical leaders through Outcomes Based Training and Education. • Fostered relationships between the U.S. Army, university officials, and community leaders. Executive Officer, 43d Reception Battalion, Ft. Leonard Wood, MO, 2010-2011 • Managed the program's daily operation of processing soldiers into the U.S. Army and transporting them to their assigned training units resulting in processing over 24k soldiers a year. • Designed effective processing mechanisms to maximize efficiency by leading a team of external federal agencies greatly reducing soldier attrition rate from 5% to 1.6%. Senior Advisor to Deputy Minister of Defense for Personnel and Education, Combined Security Transition Command-Afghanistan, Operation Enduring Freedom, 2007-2008. • Subject matter expert on all U.S. Army human resources policies and aided Afghan National Army human personnel recruit, process, and document over 125,000 Afghan soldiers. • Selected as Senior Advisor to the Deputy Minister of Defense by achieving a 100% approval rate on human resource policies through diplomatic negotiations with various Afghan diplomats. Senior Human Resources Operations Officer, 21St Theater Sustainment Command, Kaiserslautern, Germany, 2006-2007. • Human resources planner of the largest logistics organization outside the United States covering the European continent and provided accountability oversight of thousands of soldiers deploying from Europe to Afghanistan and Iraq. • Project manager on the implementation of a new Army human resources application throughout the organization; as well as the employment of human resource sustainment center in Europe. • Directly involved in planning the restructure of the organization which led to the successful transformation of three large size units, the inactivation of two units, while simultaneously deploying and re-integrating units in support of the Global War on Terrorism. EDUCATION Texas Teacher Certification, Corpus Christi, TX Master of Science in Adult Education and Programming, Kansas State University, KS Bachelor of Arts in History and Government, New Mexico State University, NM Senior Officer Leadership School, Ft. Leavenworth, KS Senior Human Resources Officer Course, Ft. Jackson, SC Officer Leadership School, Ft. Leavenworth, KS Human Resources Officer Course, Ft. Ben Harrison, IN PROFESSIONAL SOCIETIES/MEMBERSHIPS Iraq and Afghanistan Veterans of America (IAVA) Society for Comparative Adult Education CITY OF CORPUS CHRISTI Submit Date: Oct 03, 2017 Application for a City Board, Commission, Committee or Corporation Profile Ruben Garcia III First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 30 If yes,how many years? Primary Phone Alternate Phone Corpus Christi Army Depot Aircraft Examiner Employer Job Title 308 3rd St. Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Ruben Garcia III Page 1 of 6 78419 Work Address-Zip Code 361-961-6289 Work Phone ruben.garcia180.civ@mail.mil Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Associate's Degree-Liberal Arts, Del Mar College Bachelor's Degree-Administration, Minor in Human Resources, University of the Incarnate Word Graduate Student-Masters in Public Administration, Texas A&M Corpus Christi Why are you interested in serving on a City board, commission or committee? I have a desire to serve my community in a greater capacity. I believe I can make a positive impact in our local community with my education and professional experience. Ruben Garcia III resume .docx Upload a Resume Ruben Garcia Bio.docx Please upload any additional supporting documents. Ruben Garcia III Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Ruben Garcia III Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No Ruben Garcia III Page 4 of 6 If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I work for the Corpus Christi Army Depot. While I am confident I can perform the official duties given my experience, there may be a time when it is mandatory to work overtime. I have not seen this mandate in several years, but it is possible given the nature of our mission to support the war fighter. In the event I am on call, I may not be able to respond immediately due to a possibility of mandatory over time. But I will certainly answer the call upon immediate availability thereafter. Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? r Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r• No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? r. Yes r No Ruben Garcia III Page 5 of 6 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? rYes rNo Ruben Garcia III Page 6 of 6 Ruben Garcia III OBJECTIVE With over 13 years of professional experience, I specialize in compliance with a wide range of specialties such as environmental, safety, airworthiness, quality management system, and International Organization for Standardization. My experience also includes the importance of business development by making decisions based on analytical trends. In addition to earning a Bachelor's Degree from the University of the Incarnate Word, which has provided a foundation in organizational development, I strongly believe in my aptitude to adapt, learn, and apply myself to achieve organizational goals. QUALIFICATIONS • Over 13 years of professional experience • Bachelor of Arts in Administration • Strategic planning experience • Business decisions based on cost estimates • Analyzing trends for process improvements • Specialize in compliance • Strong research skills • Quality Management System experience • Military veteran • Civilian Service Medal WORK HISTORY AIRCRAFT EXAMINER/CORPUS CHRISTI ARMY DEPOT/JUNE 2016-PRESENT Conduct examinations, and evaluations of a variety of Army, Navy, and/or Air Force aircraft rotary wing transmissions and gearboxes on a pre-induction basis, inclusive of the different systems, subsystems, components, and sub-components and parts thereof, either within the assigned workload of CCAD, or for aircraft powertrain components assigned to foreign countries or different contractors for the purpose of determining the depth and scope of the necessary repair, overhaul, and/or modification required to return such aircraft components to a serviceable condition in accordance with the applicable Project Directive, mission statement, or customer specified statement of work. Prepare cost estimate reports, outlining parts and material required to repair such aircraft rotary wing transmissions and gearboxes, as well as forecasting labor requirements and cost; to accomplish needed repair, overhaul, and modification. Relevant skills: upper level position, strong adherence to a variety of standards, procedures, policy, tech data, regulations, quality management system, analyze trends, make business decisions based on cost estimates, team building, meeting deadlines, training others, work under pressure, establish work guidelines QUALITY CONTORL INSPECTOR/CORPUS CHRISTI ARMY DEPOT/FEBRUARY 2015-JUNE 2016 Serve as a quality control inspector responsible for inspection of a variety of aircraft transmissions, gear boxes, other power train assemblies, and related components that have been overhauled, repaired, or modified by trade workers. Work may involve assignment at any one of several inspection stations, located in individual shops that may specialize in a certain model of the equipment identified. Performs in-process and final acceptance inspections. Monitor testing of items and/or performs static or operational tests. Assure that all work processes accomplished meet established quality control criteria, i.e., good workmanship, specified measurements and tolerances, and conformance with current technical data and work specifications. Relevant skills: quality control, strong adherence to a variety of standards, procedures, policy, tech data, using automated systems to analyze both successful and unsuccessful trends, assist management with business decisions based on analytical trends, documentation of objective evidence, teamwork, team building, working well under pressure, meeting deadlines, writing reports WORK LEADER/CORPUS CHRISTI ARMY DEPOT/FEBRUARY 2014-FEBRUARY 2015 Lead a branch of the transmission production operations in a highly industrialized depot complex engaged in the maintenance, repair, and/or overhaul of gearbox assemblies, sub-assemblies, accessories, components, and other parts. Carry out plans and execute all operational, some administrative and technical functions of the organization from management. Distribute assignments to subordinates and establish timelines. Verify work in progress and when finished, check for compliance with supervisor's instructions on work sequence, procedures, methods, and deadlines. Relevant skills: Compliance with all technical data, research skills, team building, working under pressure, meeting deadlines, executing plans, training others EDUCATION BACKGROUND University of the Incarnate Word Bachelor of Arts in Administration MILITARY BACKGROUND U.S. Air Force Reserve September 2003-September 2012 Honorable Discharge (Staff Sergeant) Supported Operation Enduring Freedom/Operation Iraqi Freedom National Defense Medal, Air Force Achievement Medal, Armed Forces Reserve Medal w/ M device, Global War on Terrorism Service Medal Texas Air National Guard December 2015-Current Staff Sergeant Professional references upon request pill - rs* of fhr PLT f4r nuf4nrit� v tf,e ourb of rzt�trrs ttT14 UVIOU fl�-e xrrrslltlueats4�fiuu f tklr ax�tff rnnfars �r Ian �urn Murritt III CIL, of �6tt im'Atntllilt ifh illt tl�p rig4fs mu4 prixii[eges pertaining t4impfa f4is fife fuurftj ba}i of pierettlhrr, ffira t4mtsanl un8 fiffeen_ r �y ky f c®errs cssisriassr®EP®r BETTER-£ASTER-eVST££Fffl= 4 Biograp .+ Ruben Garcia III i Aircraft Examiner Directorate of Engine and Power Train Production ok r Ruben Garcia was born in Corpus Christi, TX in 1984. He attended Mary Carroll High School and graduated in 2002. After a semester at Del Mar College, he joined the United States Air Force Reserve and started his career in aviation maintenance. Realizing the importance of education, Ruben took advantage of his educational benefits and went back to Del Mar College. He achieved his Associates Degree in Aviation Maintenance Technology from the Community College of the Air Force. Furthermore, he finished the program at Del Mar College and attained a second Associates Degree in Liberal Arts. Ruben continued his education at the University of the Incarnate Word and obtained a Bachelor of Arts in Administration with a minor in Human Resource Management in 2015. Currently, he is pursuing a Master's in Public Administration at Texas A&M Corpus Christi. Ruben started his career in aviation maintenance in 2003, and after serving in support of Operation Enduring Freedom, he was offered a full time job with the Air Force as a civilian working as an aerospace propulsion specialist. Thereafter, Ruben transferred to the Corpus Christi Army Depot in June 2007. He started his CCAD career as a helper, and with hard work and determination was soon promoted to a journeyman level mechanic in April 2008. With a commitment to professional development, he was accepted into the CCAD UPLIFT Program and graduated in 2014. During this time Ruben was then promoted to work leader in Rotor Control. After a year, he accepted a position as a Quality Control Inspector where he supported Transmission, Gearbox, and Rotor Head systems. Currently, Ruben serves as an Aircraft Examiner for the Directorae of Engine and Powertrain Production. Ruben is a dedicated husband and father of two beautiful little girls. He volunteers at his local church where he is an active member at Most Precious Blood Catholic Church. He is currently a member of the Texas Air National Guard as a non- commisioned officer. D :0 D our Public Affairs Office 308 CrecySt. Mail Stop#11 Command Ste. Room#116 Corpus Christi,TX 78419 Scan website www.ncad.e toar visit p P website @ www.ccad.army.mil 3619613627 CITY OF CORPUS CHRISTI Submit Date: May 16, 2017 Application for a City Board, Commission, Committee or Corporation Profile Craig C Hebner First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 37 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Horton Automatic Customer Care/ Parts Manager ,,,,oyer Job Title 4242 Baldwin Blvd Work Address-Street Address and Suite Number Corpus Christi Work Address-City Craig C Hebner Page 1 of 7 Texas Work Address-State 78405 Work Address-Zip Code 3618666719 Work Phone Craig_Hebner@Overheaddoor.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CLEAN CITY ADVISORY COMMITTEE: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CIVIL SERVICE COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted BUILDING STANDARDS BOARD: Submitted AIRPORT BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Trustee on Board of Directors for Wood River Home Owners Association Why are you interested in serving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Craig C Hebner Page 2 of 7 Craig Resume_5-1-16_2 .docx Upload a Resume Demographics Gender V Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Craig C Hebner Page 3 of 7 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (- No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Craig C Hebner Page 4 of 7 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rw Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r Yes r- No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? r Yes r^ No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r= No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? r. Yes r No Craig C Hebner Page 5 of 7 Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Not Connected with Oil and Gas Well Industry Question applies to WATER RESOURCES ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * W Residential Customer and Home Owner of City's Water System Craig C Hebner Page 6 of 7 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Craig C Hebner Page 7 of 7 Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015— Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review projects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study job specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction projects • Prepare and submit budget estimates and progress /cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out 0 Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 —January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel,job site equipment, and materials needed • Prior to arrival on j ob site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids Lead Engineer 2009-2012 Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well-bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Tetra Mud School Combat Lifesavers Course Tetra Well Control School Combat Controller Fluid Engineer School Basic EMT Course Defensive Driving Range Safety Officer Plant Operations Course Heavy Equipment Operators Course PEC SafeGulf School of Infantry PEC SafeLand Marine Corps Leadership School Offshore Safety Certification Flight Deck Safety Course IADC Global Leadership Course Crane & Riggers Course Forklift Certification Offshore Safety Certification Rig Pass HSE Safety A.R.C. CPR and First Aid Certification CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: May 20, 2018 Application for a City Board, Commission, Committee or Corporation Profile Jason Page First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 34 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Employed Photographer Owner/ Principal Employer Job Title 715 S Tancahua Work Address-Street Address and Suite Number Corpus Christi Work Address-City Jason Page Page 1 of 6 TX Work Address-State 78401 Work Address-Zip Code 3615899050 Work Phone jasondavidpage@gmail.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other board, commission, or committee. Education, Professional and/or Community Activity (Present) Currently involved with the American Advertising Federation, Affiliate with the Corpus Christi Association of Realtors, Why are you interested in serving on a City board, commission or committee? I am a fourth generation Corpus Christian raising a fifth generation and want to be able to be more involved in making Corpus Christi a better place for everyone. Jason Page Resume.pdf Upload a Resume Jason Page Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Jason Page Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Jason Page Page 4 of 6 Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? (.- Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes (-. No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? (.- YesrNo Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Jason Page Page 5 of 6 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? (.- Yes r No Jason Page Page 6 of 6 JASON PAGE SUMMARY Freelance photographer with experience in digital and film,as well as medium format photography.Available 24 hours a day. Specialty equipment can typically be ordered in overnight for time critical projects. Currently searching for architects, commercial builders, industrial builders and Realtors who are interested in upping their marketing game with quality photography Experienced: Photojournalism, Events, Weddings, Portraiture, Corporate Identity&Headshots, Real Estate, Product & Food, Commercial Promotional EXPERIENCE JASON PAGE FREELANCE PHOTOGRAPHER 0312010 - Present Owner,Principal I am the principal photographer and am responsible for the day-to-day operations as well as marketing and customer satisfaction. I have built up one of the best-known names for wedding photography in the South Texas area, and pride myself on handmade images, limited bookings and one-on-one client contact. I also have become the leader in Real Estate photographer for several local agencies and top agents in the Corpus Christi metro area, and provide these agents with superb images to help market their listings more effectively,while reducing the initial listing workload. HOEGEMEYER'S BARBEQUE BARN 01/2013 - Present Business Development Responsible for the ongoing acquisition and cultivation of new customers and ongoing clients. Created long range forecasts based on current and past sales data and targeted marketing efforts to help secure these goals.Used multiple paths of marketing to brand business as a destination for barbeque in the Coastal Bend. SOUTHERN TECHNICAL CONTROL 0312012 - Present Inventory&Production Management Consultant I currently consult with the company management regarding their Inventory and Production. Inventory Management-I have developed a best practices workflow and worked with the employees responsible for purchasing and inventory to better their skills at tracking inventory as it is ordered, entered into their system, and sent out. I have also worked on streamlining their accounting system to remove duplicate inventory items and create items that didn't exist. Production Management- I have worked with the management to implement a series of methods for tracking production,both in the product manufacturing and field service aspects of the business. I have implemented various in-house databases to help the company keep track of their current and past production SOUTHERN TECHNICAL CONTROL 10 12008 - 03 12010 Purchasing Manager Handled inventory levels, bought and sold obsolete and used parts, part repairs, sourced parts for 20+ field service personnel,billed parts used on various projects as well as estimated parts to be used on projects. NUECES STONE QUARRY 10 12006 - 0112008 Manager Managed all aspects of the business including inventory, product sourcing, commercial and residential accounts, employees and bookkeeping. EDUCATION TEXAS A&M UNIVERSITY-CORPUS CHRISTI 2002 - 2006 None, GIS/Geomatics GIS/Geomatics Club Research Assistant on Aerial Imaging System RICHARD KING HIGH SCHOOL 1998 - 2002 High School Diploma German Club Student Council Senior Council Academic Decathlon CISCO/CCNA Training HONORS Eagle Scout Award CERTIFICATIONS OFFSHORE WATER SURVIVAL HUET 0212014 Falck Safety Services(US) SAFELANDUSA 0212014 PEC Safety License:PEC100474939 SAFEGULF 0212014 PEC Safety License:PEC100474939 TWIC 12 12015 - 12 12020 Transportation Security Administration(TSA) LANGUAGES • German • English PUBLICATIONS THE BEND MAGAZINE 0612014 Gemstone Media, LLC / Jordan Regas Authors: Jason Page - http://issuu.comlthebendmag/docs/tb_06_14_online/5?e=11308897/8089670 This was a very last minute shoot that I couldn't refuse. When else can I invite Roger Creager to visit our familys barbeque place AND get to photograph him with his dad? I said yes immediately!We photographed Roger and his dad enjoying an ice cold beer and having a good of time.Then we got a few posed and natural/candid shots of the two of them against some 200 year old doors and a 60 year old but with the Texas flag painted on the side. THE ONE BRIDE GUIDE 0612014 McCleod Creative Authors: Jason Page - http://www.theonebrideguide.com/magazinelVol7 Issue2/TheOne_Vol7Issue2 Final_web.pdf I had the pleasure of coming up with a session with one of my brides to help tie in The One's issue theme, "A Pop of Color".I wanted to literally bring that pop to the cover by including brightly colored,24"balloons.Natural makeup was provided by Kayla Alvarez and hair was done by Shear Illusions. ZOMBSHELLS!!! 2013 ZOMBIE CALENDAR 1012012 Self Published • Authors:Jason Page • http✓/photos iasondavidpage.com/zombshells This collaborative effort features eleven zombie models and even includes a centerfold. Photography, Design &Layout by Jason Page,Makeup &Hairstyling by Ashle Riff,Lead Model Amanda Ramirez (aka Mandi Mayhem).Each calendar is 9x12 printed on glossy paper and includes a single hang-hole. SOUTH TEXAS WEDDINGS MAGAZINE 07/2011 STWM-July 2011 • Authors:Jason Page,Joanne Klein For this issue of the South Texas Weddings Magazine, I performed the issue's multipage layout and creative design. I also was responsible for the cover photography. CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Robert C Soape First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 8 If yes,how many years? Primary Phone Alternate Phone n/a n/a Employer Job Title n/a Work Address-Street Address and Suite Number n/a Work Address-City n/a Work Address-State Robert C Soape Page 1 of 6 n/a Work Address-Zip Code n/a Work Phone kolt45soape@gmail.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? TREE ADVISORY COMMITTEE: Submitted TRANSPORTATION ADVISORY COMMISSION: Submitted LANDMARK COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted COMMISSION ON CHILDREN & YOUTH: Submitted CIVIL SERVICE COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am currently applying to all boards and comittees necssary to help my community Education, Professional and/or Community Activity (Present) graduated in 2010 from ray highschool and currently reaching out to any and all those I come across who are wanting to see a change within our local community Why are you interested in serving on a City board, commission or committee? I want to be apart of the change I wish to see around me and it starts right here in the city of corpus Christi tx Demographics Robert C Soape Page 2 of 6 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Robert C Soape Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Robert C Soape Page 4 of 6 Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? (.- Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? (- Yes (-. No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? (.- YesrNo Question applies to COMMISSION ON CHILDREN &YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Question applies to HUMAN RELATIONS COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Question applies to LANDMARK COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Robert C Soape Page 5 of 6 Question applies to TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? (- YesNo Question applies to TREE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? None Selected Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r- Yes r No Robert C Soape Page 6 of 6 City Of Corpus Christi CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY BOARD DETAILS SIZE 11 Seats The Corpus Christi Regional fn Transportation Authority operates and 107 TERM LENGTH 2 Years provides for a public transportation OVERVIEW TERM LIMIT 8 Yearssystem for Nueces County and the cities included in the Authority. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Board of Directors consist of eleven (11) members-five(5)appointed by the City F-Fo-k Council;three(3)appointed by Nueces County Commissioners Court;two(2) appointed by the Mayors of Cities in the Transit Authority other than Corpus Christi,and the Chairman who is appointed by the Board.The principal municipality shall make its appointments to the board so that at least one of the DETAILS appointees is designated to represent the interests of the transportation disadvantaged (elderly,persons with disabilities or low-income individual.)The statute does not mandate that this Board member be transportation disadvantaged. If the Chairman is from the membership,the entity that appointed that person will appoint a replacement.Terms shall be for two years; members may serve up to eight consecutive years as stated by State Law.The State Sunset Committee suggests that the appointing bodies should consider the appointment of a regular rider of the transit system.A member of the board must be a qualified voter residing in the authority. ........................................................................................................................................................................................................................................................ CREATION/AUTHORITY Ordinance No. 18285 in accordance with Article 1118x,V.A.C.S.Approved by electors in the cities of Corpus Christi,Agua Dulce, Driscoll,Gregory, Robstown, San Patricio,and in Nueces County on August 10, 1985. Resolution No.20363- Amended terms to two-years and set an eight-year service limitation for members; House Bill 1621.Transportation Code,Chapter 451.501, Metropolitan Rapid Transit Authorities. -.............................................................................................................................................................................................................................................................................................................................. MEETS 1st Wednesday,8:30 a.m., RTA Administration/Operations Facility,602 N. Staples Street _.............................................................................................................................................................................................................................................................................................................................. TERM DETAILS Two-year terms. _.............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Corpus Christi Regional Transportation Authority OTHER INFORMATION CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Page 1 of 1 Corpus Christi Regional Transportation Authority Board June 12,2018 Five(5)vacancies with terms to 6/30/20 representing the following categories:4-City Appointee and 1-City Appointee-Transportation Disadvantaged. Philip C.Skrobarczyk CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Seeking Reappointment District 1 6/30/18 City 4/4100% Patricia B.Dominguez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Seeking Reappointment District 1 1 6/30/18 City 6/875% Larry D.Young Sr. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Seeking Reappointment District 2 1 6/30/18 City 7/1258% Anne Bauman CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Seeking Reappointment District 5 Partial 6/30/18 City-Transportation Disadvantaged 7/7100% George B.Clower CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Met Six-Year Term Limit District 4 3 6/30/18 City Edward Martinez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 2 1/3/20 Regional Transportation Authority Tom Niskala CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 4 2 9/30/19 Nueces County Scott M.Harris P.E. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 1 2 9/30/19 Nueces County Dan S.Leyendecker CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 4 1 9/30/19 Nueces County Mike Reeves CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active District 1 2 9/30/19 Mayor of other Cities Glenn Martin CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Active 2 9/30/19 Mayor of other Cities Corpus Christi Regional Transportation Authority Applicants June 12,2018 J9 !�®! Priscilla Alvarez CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Alvarez&Co. 5702 S.Staples ste C-6 Corpus Christi TX City N�o James B.Boggs AIA CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Self Employed Corpus Christi TX City No Robert Cagle CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Retired from Rep,,,,Inc-VP Turnaround Division 6322 Grandvilliers Drive Corpus Christi TX City No Gabi S Canales CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 Canales Law Office 5262 S.Staples Street,Suite 100 Corpus Christi TX City No Martin L.Evans CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Freedom Investment Counsel LLC 101 North Shoreline Blvd,STE 560 Corpus Christi TX City Yes Sylvia Ford CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 5 Self Corpus Christi TX City No Robbin C Goodman CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 TPCO America Corporation 5431 Hwy 35 Gregory TX City No Darlene K Gregory CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 East Meets West Productions 1024 Leopard St,Suite A Corpus Christi TX City No Paulette G Kluge CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District I Corpus Christi Convention and Visitors Bureau 101 North Shoreline#430 Corpus Christi TX City No Chad Magill" CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 2 Stewart Title 5102 Holly Rd,Suite B. Corpus Christi TX City No Michael L Staff CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 1 ORR&RS Inc. 6342 Harwick St Corpus Christi TX City No Lamont C.Taylor CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District I L.C.Taylor&Associates 1701 Stillman Corpus Christi TX City No Bill Tierney CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 2 TKO Alarms and Security TX City No Carlos Vargas CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 3 London ISD 1306 FM 43 Corpus Christi TX City No Matthew Woolbright CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY District 4 LotusGroup Advisors 201 Milwuakee St,Suite 200 Texas City No "Will resign from Corpus Christi Regional Economic Development Corporation Board if appointed. CITY OF CORPUS CHRISTI Submit Date: Sep 02, 2017 Application for a City Board, Commission, Committee or Corporation Profile Priscilla Alvarez First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 39 If yes,how many years? Primary Phone Alternate Phone Alvarez & Co. Owner Employer Job Title 5702 S. Staples ste C-6 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Priscilla Alvarez Page 1 of 5 78413 Work Address-Zip Code prisalvarezl3@a gmail.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Head of SST Girl Scouts, owner of lice removal services company, involved in Boy Scouts. Why are you interested in serving on a City board, commission or committee? To offer my assistance to my city that I was born and raised in and now raise a family and business in. I want to help make progress in this city. Demographics Gender W Female Verification Priscilla Alvarez Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Priscilla Alvarez Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? t Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Priscilla Alvarez Page 4 of 5 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes t No Priscilla Alvarez Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: May 31, 2017 Application for a City Board, Commission, Committee or Corporation Profile James (Jim) B. Boggs _ AIA First Name Middle Initial Last 1%-, Suffix Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 53 years If yes,how many years? Primary Phone Alternate Phone Self Employed Sr. Architect Employer Job Title 4701 Donegal Drive Work Address-Street Address and Suite Number Corpus Christi, Work Address-City Texas Work Address-State James (Jim) B. Boggs AIA Page 1 of 5 78 413 Work Address-Zip Code 361/765-8923 Work Phone jimboggsregent@stx.rr.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) Professional Degree of Architecture/Design Texas Tech University previous Public Service: 10 years Board of Regents Del Mar College Two (2) terms Municipal Arts Commission for the City of Corpus Chrsiti One Term Library Board (City of CC) PP Corpus Christi Chapter American Institute of Architects. Various committees Texas Society of Architects. Leadership Corpus Christi I, Member First United Methodist Church Served 10 years as president of Wood River Community Association Why are you interested in serving on a City board, commission or committee? Serving on Community/City/state boards and commissions is life fulfilling It allows one to share with others the ideas and concepts acquired while practicing ones profession. By serving on other committees and boards one becomes a more knowledgeable person and can share more knowledge with others. My Architecture Thesis (necessary to graduate) was a Transportation Center for the City of Fort Worth, TX and much was learned about inter/intra-city Transportation Partial_Resume_Jim Boggs AIA_6- 17.doc Upload a Resume James (Jim) B. Boggs AIA Page 2 of 5 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree James (Jim) B. Boggs AIA Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. James (Jim) B. Boggs AIA Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No James (Jim) B. Boggs AIA Page 5 of 5 • DMC Board as Regent for 10 years (2006—2016) • Architect, City of Corpus Christi Department of Engineering Services • Coastal Bend Regional Park Foundation Founding member • Texas Ranching Heritage and Horse Park Association Founding Board member • The Arts Council of Corpus Christi Past President • Texas Tech University College of Architecture Alumni Association,which established the "Fund For Excellence"and the "Distinguished Alumni"Awards and 27 Scholarship funds. During his chairmanship the College of Architecture at Texas Tech University was established, separate from the School of Engineering • Municipal Arts Commission, Chair • Corpus Christi Library Board,Vice Chair • American Institute of Architects • Texas Society of Architects • Cross-town Kiwanis Club Distinguished/Founding President • Kiwanis International Division 4, Distinguished Lt. Governor • Leadership Corpus Christi, Graduate of Class 1; active in LCC Alumni Association • Community service and board memberships include Boy Scouts of America, Corpus Christi Emmaus Community,Bucarader Parade Organization, 15 years, Corpus Christi First United Methodist Church • Wood River Commuity Assoc, President, 10 years. • Bold-Future Vision Action team member for Community Identity and Leadership Many other community organizations. CITY OF CORPUS CHRISTI Submit Date: Jan 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Robert Cagle First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 19 Years If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Retired from Repcon, Inc - VP Retired from Repcon, Inc - VP Turnaround Division Turnaround Division Employer f itle 6322 Grandvilliers Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Robert Cagle Page 1 of 5 TX Work Address-State 78414 Work Address-Zip Code 3618159982 Work Phone rcagle@mygrande.net Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Previously served on Marina Advisory Committee. Education, Professional and/or Community Activity (Present) BS Engineering Science and Mechanics - N. C. State University MBA - Lamar University Chairman - Salvation Army Advisory Board Coastal Bend Food Bank Board Member PresidentNice President - Master Kings Crossing HOA Member - Rotary Club of Corpus Christi (Downtown) - past two term Board Member Why are you interested in serving on a City board, commission or committee? I believe I can help manage the Corpus Christi RTA as it evolves to meet its obligations in our currently growing community. I have a background in refining and refining support businesses and the not for profit sectors of the economy. RCC Resume 1-18.doc Upload a Resume Robert Cagle Page 2 of 5 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Robert Cagle Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. No code of ethic issues. Robert Cagle Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Robert Cagle Page 5 of 5 ROBERT CAGLE Summary: General manager with 37 years of broad based experience in crude oil refining and supporting contractor businesses. Greatest asset is leading organizations through change processes that improves performance. Utilize team based open management style to engage entire organization, from management to front-line. Led organizations to develop business plans that focus on "critical few" items necessary for success and delivered measurable improvements using this approach with small and large organizations. Retired from industry in 2014 and am currently focused in charity and political work in the Corpus Christi area. PROFESSIONAL EXPERIENCE COMMUNITY INVOLVEMENT • Chairman—Salvation Army of Corpus Christi Advisory Board • Coastal Bend Food Bank—Board Member • Rotary Club of Corpus Christi(Downtown)—Past two term Board Member • Master Kings Crossing HOA—President/Vice President • Past Member Corpus Christi Marina Advisory Committee • Election Judge for local precincts REPCON, INC. 2002-2014 Vice President—Turnaround Division Repcon, Inc is a turnaround maintenance and construction company based in Corpus Christi, Texas. Repcon performs maintenance turnarounds in refineries and chemical plants throughout the United States. Responsible for P&L performance of the Turnaround Division(approximately 90% of Repcon's revenue). • Led the development of a five year plan to double the size of the company. Reached the five year goal in year four— exceeded the plan by year five. Profits exceeded plan forecasts. • Managed day to day operations of the division. This includes the hiring and development of personnel to enable plan attainment. Company was awarded VPP Mobile Contractor Safety Designation by OSHA. • Provided expertise to successfully win two major multi-facility alliance agreements. In addition, developed many new clients targeted in the planning process. KOCH PETROLEUM GROUP, L.P. 1998 - 2001 Manager Engineering and Construction Services Primary responsibilities for capital project engineering and construction. • Annual capital budget—$50mm/year. • Managed contractor strategy and work execution. • Responsible for technical strategy to comply with various consent decrees. • Managed capital budget implementation Manager Reliability Services ROBERT CAGLE 2 Primary responsibilities for maintenance, contract execution, and outside operations of complex 300MBPD refining facility spread over 8 miles. Managed 450 direct employees and 200+ contractors with operating budget of—$160MM. • Reduced annual maintenance expense by$19MM over two years while maintaining and improving unit availability. • Reduced environmental agency reportables by 50%. • Facility received OSHA VPP Star Site recognition. • Introduced and implemented business planning and budgeting processes to enable improvements in both expense and capital execution. • Developed and implemented new contracting strategy to support refinery improvements. KOCH INDUSTRIES, INC. 1997 - 1998 Vice President,Koch Supply Services Responsible for implementing alliance and preferred supplier contracts for Koch Industries. • Developed and implemented process for field locations to use Corporate preferred suppliers. • Negotiated agreements with four suppliers for exclusive contracts (10% + savings). • Trained field locations on supply chain management. PETROLITE CORPORATION 1996 - 1997 1996 - 1997 Vice President International Business Development Petrolite is a chemical supplier to refining, oil field, and petrochemical industries. Responsible for developing new business in Far East and Latin America. Primary responsibilities were evaluating new markets, coordinating resources, developing indigenous distributors, creating business plans to justify resource requirements, and providing management support for these markets. • Researched, created, and implemented business plan for Republic of China after extensive visits to China. Was negotiating distributor contract when Baker Hughes purchased Petrolite. • Developed business plan for Japanese market with existing distributor. Helped repair damaged relationships between the two companies. PRIDE REFINING,ABILENE, TEXAS 1994- 1996 Vice President of Refining Responsible for refining, supply and distribution, and planning. Assets managed were 45 MBPD refinery, three product terminals, and two product pipelines approximately 100 miles each. Managed 165 people with operating budget of $14MM. • Reduced recordable injury rate from 11 in 1994 to 3.8 in 1995 and less than 2 in 1996. Received NPRA Gold Safety Award for 1995 and 1996. • Reduced operating cost by 14% (1995 vs. 1994)by implementing and reviewing a rigorous business plan. • Led successful negotiation of new exchange/purchase contract with major oil company that increased rateable gasoline sales by 25%. CHEVRON U.S.A. PRODUCTS COMPANY 1977 - 1994 ROBERT CAGLE 3 Manager-Transportation Fuels/Superintendent- Operations(Port Arthur) (1992-1994) Progressed from managing assets of one area to managing all refinery prime fuel process units. The refinery is a 200MBPD full integrated cracking/coking facility. Managed 45 exempt and 350 non-exempt personnel. Annual operating budget of $170MM. Primary duties were coordinating various operating related activities, developing employees, leading safety and environmental compliance efforts, and insuring controls were in place to effectively manage activities required to stay in business. In addition, was responsible for technical and routine maintenance performance. •Provided leadership to develop new organization during refinery sale to Clark. Operating costs were reduced and safety performance improved. • Managed operations and technical groups of refinery wide turnaround ($30MM)that was safely completed on budget and on schedule. • Led the formation of new departments as part of single-train downsizing. Developed processes to train 30-45%new operators displaced due to seniority layoffs. Worked with human resources and local unions to minimize disruptions to refinery operation. • Reduced safety and environmental incidents. Unit reliability improved through maintenance-operations teamwork. • Reduced operating costs at least 9%in all areas. • Set new throughput records on many units including cat reformer, cyclohexane unit, and delayed cokers. Team Leader-Manpower and Organization-Port Arthur Refinery Single Train Downsizing (1992) A decision was made to shut down duplicate processing equipment in refinery and downsize. Led team to design new organization and staff at appropriate manpower levels. Study was completed in less than two months and implemented. A new organization was developed that had many breakthrough ideas for Chevron. Also developed specific manpower measurements to benchmark against top competitors. Progressed through jobs listed below with increasing responsibility (1977-1992) Maintenance Superintendent- Shutdowns and Projects(Port Arthur) Area Supervisor- Operations(Port Arthur) Refining Representative- Career Development Task Force, Chevron Corporation, (San Francisco) Supervisor- Short Range Planning(Port Arthur) Supervisor-Long Range Planning(Port Arthur) Section Supervisor- Operations(El Segundo) Maintenance Planner- Shutdowns(El Segundo) Lead Engineer-Designs Engineering(El Segundo) Design Engineer-Designs Engineering(El Segundo) • Led group that developed PC based planning system that was first in corporation to be implemented. • Considered to be one of strongest leaders on task force that developed career development system adopted by corporation. • Managed and participated in variety of projects and planning studies that determined priorities for refinery. • Managed engineering for largest turnaround project Chevron U.S.A.had completed at that time. • Developed maintenance planning group as new organization. • Restored trouble prone area of operations to safe and reliable operation. WESTINGHOUSE-NUCLEAR COMPONENTS DIVISION, TAMPA, FLA. 1975 - 1976 Co-op Student EDUCATION MBA, Lamar University-Beaumont, Texas, 1988 B.S.Degree in Engineering Science and Mechanics, North Carolina State University, 1977 CITY OF CORPUS CHRISTI Submit Date: Sep 11, 2017 Application for a City Board, Commission, Committee or Corporation Profile Gabi S Canales First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 15 If yes,how many years? Primary Phone Alternate Phone Canales Law Office Attorney Employer Job Title 5262 S. Staples Street , Suite 100 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Gabi S Canales Page 1 of 5 78412 Work Address-Zip Code 361-887-4700 Work Phone gabilawl4@gmail.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I do not currently serve on any other City board commission or committee Education, Professional and/or Community Activity (Present) Please see attached resume. Why are you interested in serving on a City board, commission or committee? I am interested is serving on the City of Corpus Christi RTA board because as Moshe Feldenkrais so brilliantly stated "Movement (transportation) is life. Life is a process. Improve the quality of the process and you improve the quality of life itself." Corpus Christi is an amazing city with wonderful residents. I would love to be part of the movement that improves the process which would improve the quality of an already phenomenal city. IMG 3080.PNG Upload a Resume IMG 3081.PNG Please upload any additional supporting documents. Gabi S Canales Page 2 of 5 Demographics Gender 9 Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Gabi S Canales Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Gabi S Canales Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Gabi S Canales Page 5 of 5 2 1:! i�, �rnriJrx [�hje�tirrc 'Crr 6r rill LI III ±f L:,AVi-K Ctiri,ii',RTA 1ti'and%bhme 1 ew—i Lin ilim in I% LkM&mA lh- rrrrativxly hn9johixl wdlh n;ti41rr1I Ilial rlrrc liw + td1 Irrr KmK t11 1A tlur cit}•. Ex perien ce C-Nnl4eRLa-Office 15'Fvb-l"io!jgillWorking QUIiwdrV rkjl Iur:r ill u luu::; %Ilu,un. 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Projretn fomLk r UmgmI-o cwpu,Cbrim i mem ber I B&AM 1wjbaerr®idc,rrcd rar111rit.ew-lxr%(AnWi frrwwIrjj�rAmA5rym FniluAliin I nrr"sm1 r1111i1#-Il1un rNN11l1wmtF m incl)1i 4111'Illtmf OrLylll-LikkT'IN>Jr1i �s}rrlir f�dn>!il�in� P*U*2 (Wi S.dial 1 L SPG L P sDivwa a (3FIdIh Kla+-e��I{3arh�l 1{i fwrti:FrC�i i yry IY:rilp i9 L7rJa klahnr.=A i5n#}aril I dna&Mhi'ug in r r l'w� �i�c 1€I�i 7c �1. �c+l+ter Ifs Iw�ir�l Jt�l r}Mi 1 a LlmldRklrl Ihrl 1 iii fiJ}9{mmWird Ifni'Cie Iwsilirn arnl wrll E:.a 4i,mix arkkGwi 4"Itm bu LL. 1 aWLbf-N-mi fMM%m*raliea. 14-M lw rwfpW m rle nu.mbm ah+ve eie m W+mba Wro.1k In-jr furl�rr-rjrrr jIl� hnL '%4W mak [id6 CITY OF CORPUS CHRISTI Submit Date: Mar 14, 2017 Application for a City Board, Commission, Committee or Corporation Profile Martin L. Evans First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 50 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Freedom Investment Counsel LLC Owner Employer Job Title 101 North Shoreline Blvd, STE 560 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Martin L. Evans Page 1 of 6 TX Work Address-State 78401 Work Address-Zip Code Marty@Freedom-ic.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE: Submitted PLANNING COMMISSION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted AIRPORT BOARD: Submitted COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) BS Political Science & History Ed, Texas A&I University Why are you interested in serving on a City board, commission or committee? City Board_Resume.doc Upload a Resume Martin L. Evans Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Martin L. Evans Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Martin L. Evans Page 4 of 6 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Financial Institutions Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) t Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and qualified elector* of the District (Nueces County)? i- Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you resided in the District for at least 2 years? rYes rNo Martin L. Evans Page 5 of 6 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? r-- Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Have you been a resident of Nueces County for at least 6 months? r Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes (- No Martin L. Evans Page 6 of 6 MARTIN L. EVANS BACKGROUND: Following college graduation served as a career commissioned officer in the U. S. Army with leadership and management positions in a wide variety of demanding jobs throughout the United States, Europe,the Caribbean, and Central America. Following that, served as Pilot with a regional Part 135 air freight carrier in South Texas. Following that, served as a Financial Advisor and Investment Management Consultant with a major Wall Street Investment Firm. Small business owner in Corpus Christi for past 6 years. PAST POSITIONS &ACTIVITIES RELEVANT TO POSITION BEING SOUGHT: Service Platoon Leader U.S.Army Tank Battalion, Germany Leadership and supervision of 30+ soldiers; Responsible for a fleet of 30 medium trucks, fuel tankers & all terrain ammunition haulers; Logistical support of rations, fuel, supplies and ammunition to an armored tank battalion with 50 heavy tanks and 500+personnel. Tank Battalion Inteligence Officer, US Army Germany Senior Staff Officer; Information gathering and analysis; Operational planing; Threat analysis; Force protection and operational security; combat readiness training Operations Officer, US Army Garrison, San Juan, Puerto Rico Command VIP breifing officer; Operational plans and training; Helicopter support to multiple military commands and government agencies in Puerto Rico and the US Virgin Islands; Disastor relief and humanitarian assistance operational support Installation Inspector General, US Army Ft. Sam Houston,Texas Personal advisor to the chief executive officer of a major military installation; Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual operating budget in excess of $20 million. Investigated and reported to the commander on non-criminal complaints and allegations; Provided counseling and assistance on complex personal problems reported by employees and clients; budgeting oversight and internal controls Aviation Operations Staff Officer, US Army South, Panama(Operation Just Cause) Aviation issues briefing officer for Commander US Army South;Aviation operations planning and coordination at senior Army command;planned and participated in nation building operations to remote regions of Panama; Protocol escort officer for Secretary of the Army and U.S.Army Chief of Staff on two separate Command visits Aviation Batalion Executive Officer, US Army Honduras &El Salvador Coordinated downed aircraft and casualty recovery in a combat environment; Provided aviation support for International Election Monitors, El Salvador Nationl Reconciliation Elections 1991; Set up and maintained a remote communications relay network supporting aviation operations in a tropical mountainous region of Central America; Provided helicopter transport for medical teams on medical assistance missions to remote indigenous tribes of Honduras; Provided aviation support to US Embasys El Salvador and Honduras Financial advisor with a global investment firm. SKILLS SUMMARY: Excellent communications, written&verbal Financial planning and analysis Multi level employee supervision experince Strategic planning and policy formulation Preparation and presentation of formal briefings Training and Teaching Information analysis and reporting Computer and Internet savvy Project development and oversight Marketing and sales Budgeting P&L analysis EXPERINCE: May 2009—Present Registered Principle/Owner—Freedom Investment Counsel LLC Established my own independent financial advisory practice to continue performing duties and responsibilities similar to those performed while employed in the financial services industry described below. Apr 1997- May 2009 Financial Advisor& Investment Management Consultant UBS PaineWebber, Corpus Christi, TX Developed new client relationships. Serviced clients in the areas of personal financial plans, employer sponsored retirement plans, securities and insurance sales. Supervised customer service and support staff. Achieved advanced professional designation as an Investment Management Consultant. Developed and maintained a personal business plan. Managed investment strategies in over 200 client relationships working to educate and assist clients in the investment decision making process. Daily activities include financial planning,investment performance analysis, marketing plan implementation, substantial client contact and frequent coordination with outside vendors or product managers. Assisted with new employee selection and training. Grew capital responsibility and personal production for six consecutive years. Current capital responsibility$30,000,000+. Trailing 12 month production$215,000. Awarded special corporate recognition in 1998 for qualifying in the top 10% of peer group for new accounts and new assets under management. Nov 1995-Apr 1997 Account Executive,Dean Witter, Corpus Christi, TX New client development, securities sales and marketing. (See above) Jul 1994-Jan 1997 Air Carrier Pilot, Part 135 Operations, Aero Pak, San Antonio,TX Pilot for an overnight air freight operator. Aug 1991-Jul 1994 Aviation Division Chief,Fifth U.S.Army, Ft. Sam Houston,TX Supervised a 5-person management evaluation team validating aviation organization's training, safety, standardization and maintenance programs in an eight-state area. Inspected compliance with established regulations and policies. Insured internal controls and budget expenditure reporting procedures. Participated in formulation of policy and operational plans. Provided oversight and inspection Jan 1991-Aug 1991 Executive Officer, 4th BN 228th Aviation Regt., Soto Cano AB, Honduras Supervised a management team responsible for aviation operations in 5 Central American countries with 30 helicopters and 300 employees. Developed a goal oriented aviation maintenance management program, improving aircraft availability rates by over 10% allowing increased operating tempo. Developed and implemented organizational structure changes to enhance aviation support in Central America. Jan 1990-Jan 1991 Aviation Operations Officer, U.S.Army South, Ft. Clayton, Panama Provided staff oversight and support of aviation operations for a major military headquarters during and after Operation Just Cause. Organized and conducted frequent formal decision briefings and informative presentations for senior executive leadership and high level political and government leaders. Selected principal escort officer for Secretary of the Army and U.S.Army Chief of Staff on two separate command visits. Utilized persuasive skills in the corporate decision process. Feb 1986-Jan 1990 Inspector General, Headquarters USAG, Ft. Sam Houston,TX Personal advisor to the chief executive officer of a major military installation. Responsible for formulation and interpretation of policies and regulations. Established a systematic inspection program to insure compliance with prescribed operating procedures. Received, evaluated and recommended action on special issues raised by employees and customers. Identified, analyzed and developed solutions for systemic problems related to the efficient management of a major military community with an annual budget in excess of $20 million. Supervised 5 staff specialists. Computer skills and other Qualifications: Microsoft Office Suite NASD Series 7 Series 65 Windows NT Series 63 Series 31 MS Word ACT Contact Management data Investment Management base Consultant MS Excel MS PowerPoint Internet savvy Group one life & annuity insurance license Education: Graduated Calallen Highschool 1969, BS in Political Science &History ED, Texas A& I University, Distinguished Military Graduate;Army Command and General Staff College (graduate level). Investment Management Consultant program UBS PaineWebber. CITY OF CORPUS CHRISTI Submit Date: Apr 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Sylvia Ford First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 57 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Public Speaker i mployer Job Title 3306 New Bedford Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Sylvia Ford Page 1 of 6 TX Work Address-State 78414 Work Address-Zip Code 361 5586082 Work Phone sford@stx.rr.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Current Education - Leadership/Management, Fundraising Crowd Funding Management Board Member - Leadership Corpus Christi Alumni, Corpus Christi Metro Ministries Why are you interested in serving on a City board, commission or committee? Servant-Leader. Natural willingness to apply my expertise, experiences and knowledge to enrich the lives of our community and ultimately create a more just and caring community with highest "quality of life" standards Sylvia A Ford Board Commision Resume..docx Upload a Resume Sylvia Ford Page 2 of 6 Demographics Gender P Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Sylvia Ford Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes ' No Sylvia Ford Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) t- Yes r No Sylvia Ford Page 5 of 6 Sylvia Ford Page 6 of 6 Sylvia A. Ford EXECUTIVE PROFILE Visionary professional with accomplished broad-based and progressive experience in Public Relations, Public Speaking, Administrative Management Business Development, Strategic Operating Strategies, Finance and Human Resources. Proven ability to work as a leader to integrate functions within the overall business goals. SKILL HIGHLIGHTS Market research and analysis *Possess ability to conduct market Business operations organization research/analysis to develop Innovative Product successful measurable Development/implementation programs/activities Effective public speaker *Concise strategic planner in business operations organization with innovative product development and implementation *Outstanding public speaker with clear Delivery of message to targeted audience CORE ACCOMPLISHMENTS Public Relations • Spearheaded many public speaking forums with targeted audience to develop and sustain the buy in of required parties to reach project success • Identified/produced partnerships that were most unlikely to identify their commonality for project goals Business Development/Project Management • Created/managed the roll out of new and innovative programs that benefited Corporate/City/County strategic goals • Instituted all functions related to programs to include budget dynamics Human Resources/Staff Development • Administered Human Resources regulatory requirements throughout corporate functions • Spearheaded new leadership program which increased retention • Mentored and coached employees resulting in a 42% increase in productivity and 99% in employee retention PROFESSIONAL EXPERIENCE Current Public Speaker Educational/Motivational Independent Consultant Responsible for development and directing launch of new programs using municipality grants related to economic development/housing/entrepreneurs. Strengthened municipality partner and community buy in base by 100%. Spearhead cross-functional initiative to achieve regulatory standard requirements. Director/Non-Profit Organization, Corpus Christi, TX Identified/negotiated new branch location in Corpus Christi and secured funding resources. Accountable for overall South Texas regional operations. Managed program/product implementation. Senior Management/Banking-Finance Industry, Corpus Christi, TX Public Relations, Finance, Audit/Compliance, Human Resources, Community Development Maintained all department operations related to OCC exams, budget, business development, public relations, community development. Developed and directed strategy for launch of new products that captured 90% of market share. Initiated/implemented new mortgage lending division in Corpus Christi region in partnership with City of Corpus Christi Affordable Housing program HUD grant. Maintained loan portfolio. Directed, supervised and coordinated work activities in Human Resources administration for subordinates/staff relating to employment, compensation, labor standards. Managed staff performance, audits, disputes, disciplinary action. Analyzed and modified compensation benefit policies and conducted human resources compliant investigations. Maintained standards/procedures and updated employee job descriptions. COMMUNITY INVOLVEMENT EXPERIENCE President Corpus Christi Community Development Corporation (5 terms) Committee City of Corpus Christi Type A Board/Business job Development Team HUD Affordable Housing Community Improvement Corporation Loan Review job Search/Interview Panels Housing/Economic Development Housing Authority Governor's Roundtable Housing/Economic Development HUD Advisory Committee Partnership Corpus Christi Regional Economic Development Corporation Board Christus Spohn - Houston TX Member Junior League of Corpus Christi, League of Women Voters, Leadership Corpus Christi Alumni EDUCATION Institute of Banking Certification Del Mar College CITY OF CORPUS CHRISTI Submit Date: Nov 14, 2016 Application for a City Board, Commission, Committee or Corporation Profile Robbin C Goodman First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 2 If yes,how many years? Primary Phone Alternate Phone TPCO America Corporation Business Operations Specialist Employer Job Title 5431 Hwy 35 Work Address-Street Address and Suite Number Gregory Work Address-City Texas Work Address-State Robbin C Goodman Page 1 of 5 78359 Work Address-Zip Code 361-704-8129 Work Phone robbing@tpcoamerica.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Texas A&M University — Corpus Christi 2014-2016 Bachelors of Arts in Economics (to be awarded December 2016) American Petroleum Institute - Corpus Christi Chapter Ronald McDonald House of Corpus Christi Why are you interested in serving on a City board, commission or committee? Robbin_Resume.pdf Upload a Resume Demographics Robbin C Goodman Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Robbin C Goodman Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Robbin C Goodman Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Robbin C Goodman Page 5 of 5 ❑❑BB 1111 ❑❑❑❑ ❑❑❑DM❑ ❑ ❑B E�iness ❑Orations ❑CL-as dt QUALIFICATIONS ❑10 ❑ears ❑Gina-Cjnese ❑CIbrienEb E3.5 ❑ears ❑il@eCd [IF] erlenEe Tent Mandarin ❑❑nese 1111[Ade❑i❑[leaders 1i❑❑CIbrienCb CLnternationa--lien 1b ❑esearCl]❑CIbrienEc C❑1CC1eCd ❑ ❑eoCdCy ❑e ationsCi❑❑etwor❑ WORK EXPERIENCE 8/2014-Current TPCO America Corporation Gregory,Texas,USA BUSINESS OPERATIONS SPECIALIST CIDSSlstinEtCb ❑Cb113iCe Cea❑ wit❑Idlidtatin❑aDTrate Caln❑hEb translaltion and interCretation as needed. FFk-,rCin❑as Iiiiison Cbtween AandhPiCb ❑roEll CIDorCbration[land EP❑❑ ❑❑eri-a ell CIdyees. CIDoordinatin❑Cb Cain[Brans Cbrtation Clbe Carin[I letters o❑lh Citation and assistin❑wit❑Cisa aCDilCations Cdr de Id Cates Wo 11 1111. ®reatin CT aintainin❑and i❑Clb❑entire❑a CIarita CId Cbntri[Bion CIln. [Ile CresentinCII-lannin[land orCaniCin1l1:toEta1ls to [To❑ote Cbod wiCMnd relations Cbtween tCb Cd CaCIb❑❑Ehity ❑ ❑P❑❑e❑Cldyees. 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CUSTOMER RELATIONS INTERN ❑De Ce Cd Cod internationa-went a CIb Lints ❑Cnter[�Cbd wit❑internationaCand @CAEF]iJ nt Case LIP Canned and C ana F_-ed =a Ili Cities and e Cents ❑11e[bra Cbd soca--edia to en Ca Cb C1ato11ers and Caintain reCdtionsCi1a ❑De Cb Cd Cbd intemationa Cb CIansion strate 4 and Ci Cih CIa❑11 ar Cbtin❑❑ateria 5/2013-9/2013 China University of Geoscience Beijing,P.R.C. GEOLOGY REASERCH INTERN CPreCarm113eEd reCbrtsmaCaCand Cross NeEtion diaEra❑s 11PreCarin❑Per❑eaCili y ❑ Porosity CraCLs Cor 3 11 CLI eCN ❑❑ssistin❑on CboCdCiCaCaCrCby o❑❑enan Eold [line ❑PerCdr❑in❑❑iEtoCroCe analysis oCromsa❑CIds at❑e Cas ❑❑M ❑nihrsity 4/2013-5/2013 Urban Surveying Inc. 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V District 4 Current resident of the city? Yes f- No 26 If yes,how many years? Primary Phone Alternate Phone East Meets West Productions President Employer Job Title 1024 Leopard St, Suite A Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Darlene K Gregory Page 1 of 5 78401 Work Address-Zip Code 361-904-0044 Work Phone dgregory@eastmeetswestproductions.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Chairman of Parking Advisory Committee Education, Professional and/or Community Activity (Present) Masters Degree in Marketing;MBA, President of EMW Productions, LLC, dba East Meets West Productions; EMW Financial Management, LLC and Waterfront Communications, LLC. Chairman of Uptown Neighborhood Initiative National Association of Professional Women VIP Woman of the Year Circle SBA District IV Minority Business Champion of the Year (2007) Why are you interested in serving on a City board, commission or committee? I believe my business acumen and community involvement can be an asset to the RTA Board. As Chairman of the Parking Advisory Committee, and Uptown Neighborhood Initiative, I have worked with a diverse group of board members, and have chaired many non-profit boards over the past two decades. DKG Resume 2017.docx Upload a Resume CCRTA Award Letter.docx Please upload any additional supporting documents. Darlene K Gregory Page 2 of 5 Demographics Gender 9 Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Darlene K Gregory Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. No conflicts. Darlene K Gregory Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Darlene K Gregory Page 5 of 5 Darlene K. Greaory Summary of Experience: • Over 30 years in senior management positions with major marketing/revenue responsibilities for diversified media/consulting firms • Excellent interpersonal skills with clients, employees and vendors alike • Superior oral and written presentation skills • Award-winning creative design/market positioning campaigns, including print, direct response, film and web media • Solid skills in financial management, including budgeting, measurement of return on investment, and productivity of employees as it relates to net profitability. Employment History: EMW Productions, LLC dba East Meets West Productions President EMW Financial Management, LLC May, 1991 - present Waterfront Communications, LLC 1024 Leopard Street Corpus Christi,TX 78401 www.eastmeetswestproductions.com www.emwfinance.com www.unicoMus.com Responsibilities: As CEO, I am directly responsible for all phases of company management, including sales and marketing, design of client branding campaigns and strategic plans for clients; human resources, financial administration, and market positioning. Two offices employing 9 professionals, including Administration, Accounting, Creative Dept., Technical Services and Account Executives. EMW offers TV/film/print/outdoor/direct mail/digital advertising design, website design, optimization & hosting, e- commerce, custom database and software programming services, along with mobile applications development. The company also designs business & strategic plans, with full financial projections; and offers international conference and event planning services. Built the company to annual sales of $3M, serving industrial, medical, and institutional clients worldwide with advertising, marketing consultation, public relations, international event planning and publishing services. EMW Financial Management, LLC places loans with banks, hedge funds, REITs and angel investors for businesses wishing to expand or refinance, and acts as an advisor to companies wishing to buy or sell. Total loans placed exceed $40MM. Three successful sales of medical practices, exceeding $4MM. Waterfront Communications, LLC holds our commercial real estate investments and operates our fully leased office building. Contributing writer to Energy & Mining International Magazine, Plant Services Magazine, and Uptime Magazine. Cedar Rapids Gazette Company Advertising Manager Cedar Rapids,IA 1989-1991 Responsibilities: Supervised staff of 42 telemarketing and outside sales representatives responsible for generating $22 million annually, design staff and support staff. Reported directly to the General Manager as a division head. Designed and implemented promotions for additional, new revenue streams. Budgeting and financial reporting. Designed and implemented new front-end advertising/financial software system. Hired and trained staff, managed 20 key accounts. Designed in-house print, direct mail and electronic advertising materials/promotions. Designed employee handbook and compensation plans, including commission structures and MBOs. Functioned as PR liaison/event planner for the corporation. Hamilton Journal -News Advertising Manager Hamilton,OH 1987-1989 Responsibilities: Supervised 14 telemarketing and outside sales representatives responsible for generating $12 million annually. Managed key accounts. Designed and implemented promotions. Hired and trained staff. Budgeting and financial reporting. PR liaison for corporation. Corpus Christi Caller-Times Advertising Manager Corpus Christi,TX 1985-1987 Responsibilities: Supervised 38 telemarketing sales representatives responsible for generating $16 million annually. Key accounts management. Design and implementation of commission structures and promotions. Budgeting and financial reporting. Generated $250K in operating profit for department in first 90 days of employment. Member of Senior Management team selected by CEO of Harte-Hanks International to implement TQM training company-wide. Extensive travel training other managers in the chain. Prior to 1985: Held various positions nationwide as Advertising Manager or Key Accounts representative for midsized to major daily newspapers and magazines. Managed staff and redesigned many publications. Education: University of Iowa Master of Arts, Marketing; MBA Iowa City, IA New York University Bachelor of Science Awards: • National Association of Professional Women VIP Woman of The Year Circle 2016 • 2007 Minority Business Champion of the Year, Small Business Administration, District IV • International Film Festival Award for Industrial Film • American Advertising Federation ADDYs for Collateral Material and Television • ANCAM Award for Best Classified Advertising Promotion • INAME Award for Best Magazine • Editor & Publisher Award for Promotion • Keynote Speaker—Choice Hotels Owners Group Annual Meeting 2014 • Keynote Speaker—Meeting Planners International Conference 2001 • National Association of Professional Women —VIP Woman of The Year 2015 Community Involvement: • Board Chairman, Uptown Neighborhood Initiative 2010 —present • Chairman, City of Corpus Christi Parking Advisory Committee 2013 —present • City of Corpus Christi Plan CC Steering Committee 2014—present • City of Corpus Christi Plan CC Downtown Planning Committee 2014- present • SBA District IV Small Business Week Awards Nominating Committee 2005 —present • Downtown Revitalization Alliance Board of Directors 2014 - present • Marketing Instructor, Small Business Development Center, Del Mar College 2002 -2013 • Board of Directors, Stewardship & Media Ministries, First United 2001 - 2003 Methodist Church • Board of Directors, SCORE Chapter #221 2001-2003 • Vice Chairman, City of Corpus Christi Senior Community Services 1998-2001 Commission Financial Advisory Committee • Chairman, Corpus Christi Literacy Council 1998-2000 • Chairman, Board of Trustees, TX State Asian Cultures Museum 1994-1997 • Board of Directors, Corpus Christi Senior Orchestra 1997-1998 • President's Council, Texas A&M University-Corpus Christi 1994-1996 • Public Relations Director, Child Abuse Prevention Hotline 1994-1996 Professional and Personal References Upon Request Rosa Villarreal Corpus Christi Regional Transport Pmkml September 16, 2015 UP TyW 1 NEIGHBORHOOD INITIATIVE RE: Good Neighbor Awarab zv-L,) Dear Ms. Villarreal: Congratulations! You and the Corpus Christi Regional Transportation Authority have been chosen the Uptown Neighborhood Initiative's Good Neighbor of The Year. It is my great honor to present you with this award for the support and service CCRTA and your staff is bringing to the revitalization of Uptown Corpus Christi. Awards will be presented at UNI's Good Neighbor Awards on Thursday, October 15, 2013. The event will take place at the House of Rock, 517 Starr Street, Corpus Christi from 5:30pm—9pm. Enclosed please find a complete list of nominees and information on tables, tickets and sponsorship, along with two complimentary tickets to the event. UNI is a 501 (c) 4 organization and all donations are tax-deductible. Should you need further information, please do not hesitate to contact me. Once again, congratulations and we hope to see you at the event. Best personal regards, Darlene K. Gregory Chairman 1024 Leopard Street Corpus Christi, TX 78401 Tel: 361-904-0044 Fax: 361-904-0256 www.unicorpus.com CITY OF CORPUS CHRISTI Submit Date: Sep 05, 2017 Application for a City Board, Commission, Committee or Corporation Profile Paulette G Kluge First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 14 If yes,how many years? Primary Phone Alternate Phone Corpus Christi Convention and Visitors Bureau CEO Employer Job Title 101 North Shoreline #430 Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Paulette G Kluge Page 1 of 5 78401 Work Address-Zip Code 361-881-1877 Work Phone pkluge@visitcorpuschristitx.org Work E-mail address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes, Watershore and Beach Advisory. Will resign if appointed to RTA and ask another CCCVB staff member to serve Education, Professional and/or Community Activity (Present) Del Mar College Foundation Board, ISAC Why are you interested in serving on a City board, commission or committee? Transportation is very important to the hospitality industry Paulette Kluge Updated_Resume.doc Upload a Resume Demographics Gender V Female Verification Paulette G Kluge Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Paulette G Kluge Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Paulette G Kluge Page 4 of 5 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes t No Paulette G Kluge Page 5 of 5 Paulette Kluge SUMMARY OF QUALIFICATION Hotel Sales and Marketing Executive with proven track record and expertise in hotels of varied size, culture and market segment. Proven leader establishing and directing high-performance teams. Success in developing marketing plans, cost structures and high levels of sales growth. Extensive knowledge of industry technology. Creative, enthusiastic, relationship-driven professional. ABBRIVIATED PROFESSIONAL EXPERIENCE CORPUS CHRISTI CONVENTION & VISITORS BUREAU Corpus Christi, TX 11/2013 - Present CEO OMNI HOTELS Corpus Christi, TX 5/2004 - 6/2013 Director of Sales and Marketing CARLSON COMPANIES 1997 - 2004 Minneapolis, MN 1993 - 1996 Radisson Hill country Resort and Spa 2001 - 2005 Director of Sales and Marketing Radisson Hotel International 2000 - 2001 District Director Regent Hotel International 1997 - 2001 Vice President of Sales and Marketing Radisson Hotels International 1993 - 1996 Director of Key Accounts GENCOM AMERICAN HOSPITALITY 1996 - 1997 Regional Vice President, Sales and Marketing SALES AND MARKETING POSITIONS 1979 - 1993 Rank Hotels of North America, Travel Resources-Sterling Hotel Group, Kaleidoscope Tours, San Antonio Convention and Visitors Bureau PARTICAL LIST OF PAST VOLUNTEER POSITIONS • Leadership Corpus Christ, Chair Class 38, steering committee Class 36 and Class 37 • Corpus Christi Symphony Orchestra, Board Member • Corpus Christi Convention and Visitors Bureau, Marketing Committee Chair • Destination Bayfront Committee, Member • Community Arts Advisory Council, Texas A & M University, CC, Board member • Corpus Christi Chamber Music Society, Board member • Leadership Corpus Christi, Executive Committee, Chair CURRENT VOLUNTEER POSITIONS • Del Mar College Foundation, Trustee, Vice President and Strategic Planning/Development Chair • Leadership Corpus Christi Alumni, Member • Leadership Corpus Christi, Board of Governors • Island Strategic Action Committee, Member • Water Shore & Beach Advisory Committee, Member CITY OF CORPUS CHRISTI Submit Date: Jan 05, 2017 Application for a City Board, Commission, Committee or Corporation Profile Chad Magill Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? W District 2 (Note: If you do not know your district click here) Current resident of the city? Yes ;- No 14+ If yes,how many years? Are you a registered voter? Yes No Primary Phone Alternate Phone Stewart Title Business Development Officer Employer Job Title 5102 Holly Rd, Suite B Work Address-Street Address and Suite Number Chad Magill Page 1 of 6 Corpus Christi Work Address-City TX Work Address-State 78411 Work Address-Zip Code 361.985.6336 Work Phone chad.magill@stewart.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Appointed CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Not Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not serve on any other Board or Commission for the City of Corpus Christi at this time. The Primary Board/Commission I am applying for is the Port of Corpus Christi. Education, Professional and/or Community Activity (Present) Please see the attached 1-Pager I put together for you, in PDF format. Why are you interested in serving on a City board, commission or committee? Chad Magill.pdf Upload a Resume Chad Magill Page 2 of 6 Please upload any additional supporting documents. Demographics Ethnicity W Hispanic Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. F- I Agree Chad Magill Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (- No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Chad Magill Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) t- Yes (- No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r No Chad Magill Page 5 of 6 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? r-- Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHOR ITY,NUECES COUNTY TAX APPRAISAL DISTRICT,PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX *Qualified elector/voter means a person who is 18 years of age or older; a United States Citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by an court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Have you been a resident of Nueces County for at least 6 months? Yes r No Chad Magill Page 6 of 6 • Chad Magill There are 55 boards&commissions with 607 total appointments... Council members,Thank You for taking time to read our applications. I put this 1-pager together for you to be efficient with your time: r In order to truly represent you,I believe all appointees can offer greater value by: "Commitment is the I) Understanding the challenges our City is facing: water supply development, ability to continue to infrastructure/utilities,job creation/retention, &truly represent the City's view. beaccessible 2) Offering a strong commitment to give 10017o, be engaged, and communicate invested in the goals with you as often as you request/ask.Some simply don't even read the agendas! of the whole 3) Challenge the Status Quo&Focus on solutions that make sense both short&long community, not just term,and most importantly improve value to our citizens. our own personal I offer to you: a true understanding of the City's challenges, a very strong Commitment commitment, a willingness to challenge status quo, and a focus on solutions by _ putting my name in for your consideration for the Port of Corpus Christi. transforms _ into reality, I hope to have earned your support. _investigation 'ideas Respectfully submitted, • substance... Chad • • - Chad Magill It is _ speak words that boldly of our intentions • • the actions which speak Everyone benefits from governmental entities working together. If nothing else, _ please consider me the candidate who will be committed to helping bring the City louder than words. of Corpus Christi and the Port of Corpus Christi closer&solve problems together. time when there is • - • • ent is corrfing through time Current Community Commitments: (I have the time available to serve 100%) offer time,after Big Brothers Big Sisters of South Texas, current Board of Directors,Chairman 2011-2012 yearafter year,after Goodwill Industries of South Texas,current Board of Directors,Committees Chairman 2010-2015 "• Commitment is the Recent Past Community Commitments: stuff character is Corpus Christi City Council:2012-2014 District 2,At Large 2014-2016 made of,The power Corpus Christi City Council Audit Committee,2012-2016,&Chairman 2016 to change - face Corpus Christi Hispanic Chamber of Commerce,Board of Directors,Treasurer 2008,& of things.It is the the very First Elected Anglo Chairman 2009,then unanimously re-elected in 2010. daily triumph of Texas Association of Mexican American Chambers of Commerce (TAMACC): integrity over Executive Board of Directors,First elected Anglo Executive Member in 35 year organization history Westside Business Association,Board of Directors,Finance/Member Committee Chairman Corpus Christi Housing Finance Corporation,President of the Board of Directors WhenI say I love this Corpus Christi Industrial Development Corporation,Board of Directors community, _ an Coastal Bend Health Facilities Development Corporation,Board of Directors thatcommitted Coastal Bend Cultural Education Facilities Finance Corporation,Board of Directors to love it, honor it North Padre Island Development Corporation,Board of Directors and work forit,even Corpus Christi Community Improvement Corporation,Board of Directors in the _ of Reinvestment Zone No.2&3 Boards,Board of Directors adversity. Corpus Christi International Airport Advisory Board,Board of Directors Habitat for Humanity-Event Co-Chairman Major Fundraiser for 2014 with Larry Gatlin I truly hope I have Beautify Corpus Christi - Board of Directors your support to Leadership Corpus Christi-Class 34 represent you. City of Corpus Christi Citizen's University-Class 1 And many more...just ask. CITY OF CORPUS CHRISTI Submit Date: Jan 06, 2017 Application for a City Board, Commission, Committee or Corporation Profile Michael L Staff First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 1 If yes,how many years? Primary Phone Alternate Phone DRR & RS Inc. Vice President Employer Job Title 6342 Harwick St Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Michael L Staff Page 1 of 5 78417 Work Address-Zip Code 3618530003 Work Phone mIstaff035@yahoo.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Retired Corpus Christi Police Officer - 22 yrs. United States Army - 4 yrs. Past Chairman of Corpus Christi Crime & Prevention Board - 2 yrs. Board Member - 6 yrs. Past President of CCPOA - 8.5 yrs. Past Coordinator of RTA Security - 7 yrs. Why are you interested in serving on a City board, commission or committee? Demographics Gender W Male Michael L Staff Page 2 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Michael L Staff Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Michael L Staff Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Michael L Staff Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Dec 28, 2016 Application for a City Board, Commission, Committee or Corporation Profile Lamont C. Taylor First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 50+ If yes,how many years? Primary Phone Alternate Phone L. C.Taylor & Associates CEO Employer Job Title 1701 Stillman Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Lamont C. Taylor Page 1 of 5 78407 Work Address-Zip Code 361 7394686 Work Phone Itshadow@gmail.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) M.A Trinity University, Co Chair Citizens Alliance for Fairness and Progress, and former Vice Chairman Board Member CCRTA Why are you interested in serving on a City board, commission or committee? Resume - _Lamont _C Taylor 2 .doc _ Upload a Resume Demographics Gender W Male Lamont C. Taylor Page 2 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. rJ I Agree Lamont C. Taylor Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Lamont C. Taylor Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r No Lamont C. Taylor Page 5 of 5 Lamont C. Taylor HIGHLIGHTS OF QUALIFICATIONS • 39 years of Transportation Experience • 25 years successful human resources experience • A born leader; effectively handled position of major responsibility on a continuous path of professional advancement • Results-driven achiever with exemplary planning and organizational skills, along with a high degree of detail orientation • Fast learner with a wide range of practical skills • Special talent for relating well with all types of people • Exceptional listener and communicator who effectively conveys information verbally and in writing • Effective in public speaking and media presentations • Skill in dealing with sensitive populations in a professional and concerned manner • Flexible team player that thrives in environments requiring ability to effectively prioritize and juggle multiple concurrent projects • A decision maker; resourceful and works well independently or as a cooperative team player • Highly motivated self-starter who takes initiative with minimum supervision • Extensive knowledge of the Corpus Christi community • Computer-literate performer with extensive software proficiency covering wide variety of applications PROFESSIONAL EXPERIENCE • Ensure Compliance with all aspects of DOT commitments. • Assure all Grants 5307,5309 DOJ, HUD and Homeland Security are properly assigned and compliance via the FTA team system . • Assure the integrity of the RTA Procurement process and the FTA 4220.1e procurement process. ■ Project Leader for ADA Title I, and Title II initiatives • Investigate employment practices and alleged violations of laws, in order to document and correct discriminatory factors. • Interpret civil rights laws and equal opportunity regulations for individuals and employers. • Study equal opportunity complaints in order to clarify issues. • Meet with persons involved in equal opportunity complaints in order to verify case information, and to arbitrate and settle disputes. • Coordinate, monitor, and revise complaint procedures to ensure timely processing and review of complaints. • Prepare reports of selection, survey, and other statistics, and recommendations for corrective action. • Conduct surveys and evaluate findings in order to determine if systematic discrimination exists. • Develop guidelines for non-discriminatory employment practices, and monitor their implementation and impact. • Review Company contracts to determine actions required to meet governmental equal opportunity provisions. • Counsel newly hired members of minority and disadvantaged groups, informing them about details of civil rights laws. • Instrumental in the Transit Reauthorization to insure DBE's have a place at the Transit Table. • Co-Authored Texas Unified Certification Program— RTA has a permanent seat on the TUCP coordinating council. • Successful in submitting and approval of two Triennial,Affirmative Action Plans, and Title VI Plans for the Regional Transportation Authority. • Extensive work in Human Resources • Extensive work in Compliance • Extensive work in Contract Compliance • TCRP Ambassador • TRB contributor • APTA Committee member Minority Affairs, (now DBE Sub committee under the Procurement) Diversity subcommittee representative,Access subcommittee, and finally Human Resources Sub committee ■ Planned Transportation Services for Elderly and Disabled Passengers ■ Developed Transition Plan for Care B services ■ Developed and trained personnel on requirements prior to and after ADA for fixed route services EMLOYMENT HISTORY— Corpus Christi Regional Transportation Authority 5 years Director/Business Development&Compliance 20 years DBE/EEO Officer 10 years Director of Elderly& Handicapped Transportation EDUCATION B.A. Business Administration and Computer Science—Huston-Tillotson College,Austin, TX (summa cum laude) M.A. Urban Studies—Trinity University, San Antonio, TX Graduate—Leadership Corpus Christi, Class XIV CTM (Competent Toastmaster) —Toastmasters International Certification MCA Certification, Master Compliance Administrator,American Contract Compliance Association. PROFESSIONAL AND COMMUNITY ASSOCIATIONS Board Member Citizens Alliance for Fairness and Progress Co Chair Corpus Christi Regional Transportation Authority 2011 to 2015 Leadership Corpus Christi Class XIV Nueces County MHMR foundation Board Member Toastmasters International— Corpus Christi Black Chamber of Commerce— Executive Board Member, Past President City of Corpus Christi Little League— Basketball Coach Hillcrest Neighborhood Association—Vice President City of Corpus Christi Planning Commission Past Chairperson Founding Member TUCP(Texas Uniformed Certification Program CITY OF CORPUS CHRISTI Submit Date: Dec 01, 2016 Application for a City Board, Commission, Committee or Corporation Profile Bill Tinney First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 12 If yes,how many years? Primary Phone Alternate Phone Work Address-Street Address and Suite Number bwtinney@tkoalarms.com Work E-mail address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Bill Tinney Page 1 of 5 Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Why are you interested in serving on a City board, commission or committee? Demographics Gender V Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Bill Tinney Page 2 of 5 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? �- Yes ( No Bill Tinney Page 3 of 5 Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? �- Yes r No Bill Tinney Page 4 of 5 Bill Tinney Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Dec 29, 2016 Application for a City Board, Commission, Committee or Corporation Profile Carlos Vargas First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No 7 If yes,how many years? Primary Phone Alternate Phone London ISD Trans/Maint Director Employer Job Title 1306 FM 43 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Carlos Vargas Page 1 of 5 78415 Work Address-Zip Code (361) 855-0092 Work Phone cvargas@londonisd.net Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Continue to volunteer my DJ (music) services for several organization. Why are you interested in serving on a City board, commission or committee? Resume_Carlos BVar_as.s.doc _ Upload a Resume Carlos Vargas_Biography.doc Please upload any additional supporting documents. Demographics Carlos Vargas Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Carlos Vargas Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Carlos Vargas Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) (.- Yes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes r. No Carlos Vargas Page 5 of 5 Carlos B . Vargas ■ ■ ■ Objective My objective is to obtain employment in my area of expertise, transportation. For the past twenty-seven years I have worked in the professional transportation field in some capacity. From my start as a bus operator for Pharr-San Juan-Alamo I.S.D. to my time as the General Manager of MV Transportation in Corpus Christi, TX, I have had the opportunity to learn most facets of the transportation field. I have become familiar with, among other aspects, route logistics, safety protocols, and budget management. I have also continued to refine my driving skills since driving was my first passion and has since become a lasting one. Most importantly, I have experience in both managerial and non-managerial positions, which has given me unique insight into both sides of transportation. I have learned, in other words, to balance the interests of my employer with those of my employees, which leads to a fair, efficient, and productive workplace. Experience General Manager, MV Transportation 2006-2014 • Supervised dispatchers, trainers, drivers, clerks, administration personnel, maintenance and safety crews Executed payroll, local purchasing, and contract administration Managed division budget Visited centers/facilities Conducted monthly department meetings Submitted weekly/monthly operations reports to client Attended client meetings Attended and participated in board presentations Attended company training (MV University) Gained in-vehicle experience and conducted "behind the wheel" training Responsible for on-time operating performance, ridership equipment availability, and safety on all routes Recruited and developed staff to deliver reliable service Controlled the daily operation of transportation contract, in compliance with the policies of the contracting agency and in conformance with company procedures. Texas Certified Instructor, Region-One Educational Service Center 2002-2006 Attended Region-One meetings in Austin, Texas Conducted emergency school bus evacuation training in Cameron, Hidalgo, Jim Hogg, Starr, Webb, Willacy, and Zapata Counties Performed classroom instruction on school bus and transportation laws • Performed "behind the wheel" training • Performed classroom instruction on installation of child restraint devices Judged Regional and State level school bus Road-eo Director of Transportation, McAllen Independent School District 2001-2006 Supervised a 120 person employee staff • Oversaw a 1.6 million annual budget • Managed proposals for school bus purchases • Submitted Transportation Funding reports to TEA Performed evacuation training for students with special needs Attended monthly school board presentation Arranged meetings with school principals, teachers, and parents Gained in-vehicle experience and conducted "behind the wheel" training with bus drivers Managed Safe Transportation in-service meetings Collaborated with the City of McAllen during hurricane evacuation planning Transportation Supervisor/Dispatcher, Pharr-San Juan-Alamo I.S.D 1994-2000 Answered phones, greeted and assisted visitors, and handled general administrative duties, such as filing, copying and mailing field trip requests Organized regular bus routes Organized bus routes for students with special needs Supervised 98 bus routes Managed bi-weekly payroll Submitted Transportation Funding reports to TEA Performed school bus evacuation training at schools Performed "behind the wheel" training and earned in-vehicle experience Transportation Bus Operator, Pharr-San Juan-Alamo I.S.D. 1986-1994 Transported students to and from school Completed assigned school function activities • Ensured a safe driving environment Performed student school bus evacuation training Vehicle Transporter/Salesperson, Marty's Used Cars 1981-1986 Transported used cars Assisted in sales and service Corresponded with customers ® Detailed vehicles • Performed minor engine repair Education HSD, Pharr-San Juan-Alamo High School 1981 Other Certified Texas Education Agency (TEA) Instructor ® Texas Association of Pupils Transportation (TAPT) Instructor State Certified under the Texas DPS in Accident Investigation Skills I am proficient in Microsoft Word, PowerPoint, and Excel. I also have excellent interpersonal skills, as I have been in a management/supervisor position for twenty years. Over that time, I have developed the communication skills necessary to effectively resolve conflicts, deliver company initiatives, and train employees. I have also developed the skills of multitasking and prioritizing, as I have consistently managed multiple projects/departments at once. fi 0 In 2006, Carlos Vargas joined MV Transportation after nearly 19 years of experience in the field. In his second year of working with MV Transportation, he received the award of "New General Manager of the Year" for 2008. He manages the budget for the corporation, supervises a team of 80 employees, and oversees customer care. Before coming to MV, he spent thirteen years with the Pharr-San Juan-Alamo ISD; seven years as a bus operator and six years as a dispatcher/supervisor. In January 2001, he became the Director of Transportation for McAllen ISD. Carlos has received numerous certifications and training within the transportation field. A most recent certification was received at MV University General Manager training. Other certifications include Texas A&M Engineering Extension Service Instructor, Texas DPS Accident Investigator, Texas DPS Child Restraint, and Texas Association for Pupil Transportation Instructor. In addition, he is a certified instructor for wheelchair securement. While employed with McAllen ISD, he attended education logistics training for school bus routing in Las Vegas, Nevada. He also attended United States Homeland Security Weapons of Mass Destruction training in Austin, Texas. Carlos is also active within the community of Corpus Christi. He currently serves as board member with Corpus Christi Hispanic Chamber of Commerce, member of Corpus Christi Chamber of Commerce, committee member with Corpus Christ Committee For Persons With Disabilities, active volunteer with Big-Brothers Big- Sisters of South Texas, active volunteer with Flour Bluff Special Olympic and volunteers with Antonio Art Garcia Center annual Navidad Del Los Nino's Christmas event in which he provides music during the Christmas toy drive giveaway. Originally, from Pharr, Texas, Carlos now works in Corpus Christi, Texas, with his wife Graciela, a teacher with CCISD. His daughter Sara Eloisa graduated in May 2008 from TAMUK as an Electrical Engineer and currently works for Sam's Club Corporate office in Rogers, Arkansas. In May-2010, his son Carlos Emmanuel graduated from TAMUCC with a degree in Biochemistry and currently attends Pacific Northwest University of Health Science in Yakima, Washington. An important aspect of his life includes his family and friends, but of great importance, his wife. He also enjoys fishing, cooking, and his favorite barbecuing where he was awarded 1st place in the "2002-Backyard Chef" contest. CITY OF CORPUS CHRISTI Submit Date: May 11, 2018 Application for a City Board, Commission, Committee or Corporation Profile Matthew Woolbright First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 3.5 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone LotusGroup Advisors Private Client Advisor Employer Job Title 201 Milwuakee St, Suite 200 Work Address-Street Address and Suite Number Matthew Woolbright Page 1 of 5 matt@Igadvisors.com Work E-mail address Preferred Mailing Address fJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Education: B.S. of Sociology, Texas A&M University Professional: 4.5 years of journalism, including 3 at the Corpus Christi Caller-Times where I covered the Corpus Christi Regional Transportation Authority. Activity: Church involvement, and networking Why are you interested in serving on a City board, commission or committee? I believe there is tremendous potential in Corpus Christi, but I don't think a future of success is inevitable. Our city's success will depend on its leaders making wise, responsible decisions that are both visionary and cognizant of history. I am confident my analytical thinking and ability to interact with everyday people along with industry leaders are valuable assets that can be deployed to help create the city of our dreams. I want to be part of Corpus Christi's evolution, and, as a homeowner, I am committed to the region and making that a reality. Demographics Gender W Male Verification Matthew Woolbright Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Matthew Woolbright Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r• Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. My wife's employer, KCS Public Relations, has a contract with the gas department doing surveys and focus groups. I have no contracts with the city, nor does my employer. Board-specific questions (if applicable) Matthew Woolbright Page 4 of 5 Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes t No Matthew Woolbright Page 5 of 5 City Of Corpus Christi CRIME CONTROL & PREVENTION DISTRICT BOARD DETAILS SIZE 9 Seats The Corpus Christi Crime Control and Prevention District is dedicated to crime TERM LENGTH 2 Years reduction programs and the adoption of a OVERVIEW TERM LIMIT 6 Yearsproposed sales and use tax at a rate of one-eighth of one percent. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION The District will consist of the same number of members as the City Council.A F-Elk member of the Board of Directors shall be appointed by each member of the City Council to serve at the pleasure of that member of the City Council for a term that is concurrent with the term of the member of the City Council that appointed the Director. Six-year term limitation. Confirmation of appointments by City Council as DETAILS per Texas Local Government Code 363.1015. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Texas Crime Control and Prevention District Act,Article 2370c-4,Vernons Texas Civil Statutes;Ord.023124, 11/11/97. ............................................................................................................................................................................................................................................................................................................................. MEETS 3rd Wednesday of every month at 2:30 p.m., City Hall,6th Floor Conference Room. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ........................................................................................................................................................................................................................................................ TERM DETAILS Concurrent with Council terms. ........................................................................................................................................................................................................................................................................................................................... DEPARTMENT Police Department .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION CRIME CONTROL & PREVENTION DISTRICT Page 1 of 1 Crime Control and Prevention District Members June 12,2018 Two(2)vacancies representing the following categories:1-Council Member Everett Roy's Representative and 1-Council Member Greg Smith's Representative.(Board members serve terms concurrent with the Council member who appointed them.)Confirmation of appointment by City Council as per Texas Local Government Code§363.1015. Sylvia ATryon-Oliver CRIME CONTROL&PREVENTION DISTRICT Pending Confirmation District 1 11/01/18 Council Member Everett Roy's Rep. Member BrandeyA Batey CRIME CONTROL&PREVENTION DISTRICT Exceeded Number of Allowed Absences District 1 11/01/18 Council Member Greg Smith's Rep. Member Wend!Pollock CRIME CONTROL&PREVENTION DISTRICT Active District 4 1 11/01/18 Council Member Debbie Lindsey-Opel Member Cissy L Garcia CRIME CONTROL&PREVENTION DISTRICT Active District 5 1 11/01/18 Council Member Ben Molina's Rep. Member Susie Saldana CRIME CONTROL&PREVENTION DISTRICT Active District 1 2 11/01/18 Mayorloe McComb's Rep. Chair Joan Veith CRIME CONTROL&PREVENTION DISTRICT Active District 3 2 11/01/18 Council Member Michael T.Hunter Member Randall Hicks CRIME CONTROL&PREVENTION DISTRICT Active District 5 3 11/01/18 Council Member Lucy Rubio's Rep. Member Christopher Cruz CRIME CONTROL&PREVENTION DISTRICT Active District 5 1 11/01/18 Council Member Rudy Garza's Rep. Member R.Scott Leeton CRIME CONTROL&PREVENTION DISTRICT Active District 5 3 11/01/18 Council Member Paulette M.Guajardo's Rep. Member CITY OF CORPUS CHRISTI Submit Date: Aug 08, 2017 Application for a City Board, Commission, Committee or Corporation Profile Sylvia A Tryon-Oliver First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 20+ If yes,how many years? Primary Phone Alternate Phone Work Address-Street Address and Suite Number stryonoliver@yahoo.com Work E-mail address Which Boards would you like to apply for? CRIME CONTROL & PREVENTION DISTRICT: Appointed Sylvia A Tryon-Oliver Page 1 of 5 Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Some College; President & CEO Corpus Christi Black Chamber of Commerce; USO Board Mbr; several positions at church Why are you interested in serving on a City board, commission or committee? Serving on the board will help expand my knowledge of City's issues, and become a part of the solutions 2 Sylvia_Tryon_Oliver_resume 2017.pdf Upload a Resume Demographics Gender V Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Sylvia A Tryon-Oliver Page 2 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (- No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Sylvia A Tryon-Oliver Page 3 of 5 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Sylvia A Tryon-Oliver Page 4 of 5 Sylvia A Tryon-Oliver Page 5 of 5 Sylvia Tryon - Oliver Summary Professional with over 30 years of managerial experience, strong strategic-planning and people- management skills. Strong leadership and relationship-building skills. Business savvy, hard working, team leader, team member, collaborator, transformer. Chief Executive Officer with keen company oversight, committed to cost-effective management of resources, staff development, and quality per- formance. Skills • Leadership • Sound judgment • Interpersonal Skills • Supervision and training • Motivation • Policy/program development • Project Planning • Change management • Staff development • Computer Savvy • Inventory control • Operations Management • Budget Management • Grant Writing/Management Experience President &CEO, Corpus Christi Black Chamber of Commerce 01/2004-Current Reorganized the Corpus Christi Black Chamber of Commerce. Implemented training and development for the Board of Directors. Streamlined and managed$100,000 budget. Implemented new Motto, Bylaws, Mission and Purpose,and programs in alignment with grant operations. Managed over 15,000 members during this period. Increased memberships and participation; built relation- ships; collaboration; moved the chamber forward. City of Corpus Christi, Corpus Christi,Texas 12/2006-09/2012 Director, RSVP Program Reorganized the Retired and Senior Volunteer Program (RSVP). Streamlined and managed $100,000 Grant comprised of city and federal funds; renewed each year. Implemented new Methods and Procedures manual for grant operations and developed training manual. Managed over 800 Senior citizens on a daily basis. Created new programs and activities for the seniors. Increased par- ticipation and partnerships with other senior organizations in and out of the city, and the state of Texas. Increased productivity with seniors and staff; mentored staff. State Certified Trainer for SMP on Medicare Fraud. City of Corpus Christi, Corpus Christi,Texas 02/2002-12/2006 Senior Center Supervisor Managed over 400 senior citizens on a weekly basis. Initiated monthly programs related to health and wellness, and recreational activities, including trips to Austin to advocate for Senior issues. Oversaw nutritional meals service; trained seniors on food han- dling. State Certified Counselor. AT&T New Jersey(Headquarters) 04/1984-06/1998 Assistant to CEO,replied to customers correspondence to ensure customer satisfaction. Billing and Finance Manager; Managed $350,000,000 budget. Time reporting; Billing System Trainer; Oversaw over 400 system techs. Managed Grant. Southwestern Bell Corpus Christi TX 09/1978-04/1984 Customer Service Rep, Marketing and Business Sales Management, Education and Training 1968-1970—Del Mar College Corpus Christi, Texas State Certified Trainer for SMP on Medicare Fraud State Certified Counselor Coursework in Social Studies and Sociology Business& Financial Planning Corpus Christi State University Corpus Christi, Texas Grant Writing Texas A &I University Kingsville, Texas Activities and Honors • 2015-Current--Ambassador,USO South Texas • 2006-2012--Board-City of Corpus Christi RSVP Program • 2011-2012--Member,RSVP Executive Board, Dallas Tx • 2004-2008—VP,AARP Chapter#244-Corpus Christi • 2011-2016—Chair,Trustee Board/St Paul UM Church • 2016-Current--Board Chair,Governing Council/St Paul UM Church • 2012—Recipient of the SBA Women In Business Champion of the Year Award-Regional • 2012—Recipient of the SBA Women In Business Champion of the Year Award-District City Of Corpus Christi LEADERSHIP COMMITTEE FOR SENIOR SERVICES BOARD DETAILS The Leadership Committee for Senior Services SIZE assists the Senior Community Services (SCS) TERM LENGTH 2 Years division staff in the development of OVERVIEW Years comprehensive senior citizens program plans; dd to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Fifteen (15)members representing the following categories:2-Senior Center F-�'k participants,3-Direct service agencies,and 10-Community representatives. Initially,eight(8)members shall be appointed for a term of one-year and seven (7) members shall be appointed for a term of two-years. DETAILS ........................................................................................................................................................................................................................................................................................................................... CREATION/AUTHORITY Chapter 2,Administration,Article IV, Division 15,Code of Ordinances(Ordinance No.024683, 12/11/01);Ord. No.028537,3/30/10. ............................................................................................................................................................................................................................................................................................................................... MEETS 1st Thursday of every month at 3:30 p.m.at various sites ............................................................................................................................................................................................................................................................................................................................... TERM DETAILS Two-year staggered terms. ............................................................................................................................................................................................................................................. DEPARTMENT Parks and Recreation Department .................................................................................................................................................................................................. OTHER INFORMATION LEADERSHIP COMMITTEE FOR SENIOR SERVICES Page 1 of 1 Leadership Committee for Senior Services June 12,2018 One(1)vacancy with term to 2-1-20 representing the following categories: 1-Community Representative.(Note: The Leadership Committee for Senior Services is recommending the new appointment of John Meehleib(Community).) AttendanceBoard Name '®� Gary Wicks LEADERSHIP COMMITTEE FOR SENIOR SERVICES Resigned District 5 1 2/1/20 Community Dr.Eva M Bell LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 5 1 2/1/19 Agency Kelly A Diggs LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 2 1 2/1/20 Agency Theresa Garcia LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 5 2 2/1/19 Agency George A Berry LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 5 2 2/2/20 Community Maria Elena B Flores LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 4 3 2/1/19 Community Inez Garcia LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 3 1 2/1/20 Community Monica Hansen LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 5 1 2/1/19 Community Willie Hardeman Sr. LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 5 3 2/1/19 Community Peggie A Lewis LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 3 2 2/2/20 Community Patricia A.O'Brien LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 2 2/2/20 Community Denise Villagran LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 4 2 2/1/19 Community Meng Zhao LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 5 1 2/1/19 Community Ginger Bryant LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 2 2 2/1/19 Senior Ctr. Katherine K Heslip LEADERSHIP COMMITTEE FOR SENIOR SERVICES Active District 2 2 2/2/20 Senior Ctr. Leadership Committee for Senior Services Applicants June 12,2018 Board Applying For ®® rSenior Center Participant, John Meehleib LEADERSHIP COMMITTEE FOR SENIOR SERVICES District4 Retired I- Community Representative Melanie M Munoz LEADERSHIP COMMITTEE FOR SENIOR SERVICES District 1 La Costa Dental 4506 Kostoryz Rd Corpus Christi TX Community Representative CITY OF CORPUS CHRISTI Submit Date: Dec 29, 2017 Application for a City Board, Commission, Committee or Corporation Profile John Meehleib First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 17 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone N/A Work Address-Street Address and Suite Number johnml0@a hotmail.com Work E-mail address John Meehleib Page 1 of 5 Which Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Have served on the employee advisory board at Driscoll Children's Hospital, on my last position, as a Security Supervisor. Education, Professional and/or Community Activity (Present) I have a BS degree in Education. I am currently active at 3 of the city Senior Centers. Why are you interested in serving on a City board, commission or committee? Would like to contribute, give back to the community, and use my Senior Center experience, and contacts, to make the best use of the City resources in the area of Senior Services. Demographics Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree John Meehleib Page 2 of 5 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-- No John Meehleib Page 3 of 5 Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r., No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (:- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Senior Center Participant John Meehleib Page 4 of 5 John Meehleib Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jan 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile Melanie M Munoz First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 3 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Public Relations / Outreach La Costa Dental Coordinator �nployer �. 4506 Kostoryz Rd Work Address-Street Address and Suite Number Corpus Christi Work Address-City Melanie M Munoz Page 1 of 5 Texas Work Address-State 78415 Work Address-Zip Code 361-854-4000 Work Phone melanie.munoz@lacostaldentalcc.net Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? LEADERSHIP COMMITTEE FOR SENIOR SERVICES: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Bachelor of Arts Why are you interested in serving on a City board, commission or committee? To make a difference in our community. Melanie Munoz Resume.docx Upload a Resume Demographics Melanie M Munoz Page 2 of 5 Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Melanie M Munoz Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r. Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. My husband is a Police Officer with the City of Corpus Christi Melanie M Munoz Page 4 of 5 Board-specific questions (if applicable) Question applies to LEADERSHIP COMMITTEE FOR SENIOR SERVICES Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Melanie M Munoz Page 5 of 5 OBJECTIVE: Establish a career in a business to contribute and display established skills and talents. Seeking to help better the company and individuals employed with. EDUCATION: • Economedes High School - Edinburg, Texas - General Studies - Graduate of 2005 • Texas A & M University - Kingsville, Texas - Bachelor of Arts - Magna Cum Laude Graduate of 2015 • Texas A & M University - Corpus Christi - Masters Program in Progress WORK HISTORY: La Costa Dental Public Relations / Outreach Coordinator Nov 2017 - Present • Promote services and provide oral hygiene information to the surrounding communities. • Outside/Inside Dental Appointment Setter • Field Marketing • Booth Location & Event Marketing • Community events coordinating • 13213 marketing. • Establish good report with Human Resources at various companies to provide info for their employees • Senior population/Special Needs event coordinating and marketing The South Texan Advertising Manager Aug 2014 - May 2015 • Managed Texas A & M University Kingsville's only newspaper and magazine • Sold, created and edited advertisements for various organizations and out of campus companies EI Privi LLC Artist Management / Marketing Director July 2010 - July 2013 • Scheduled promotional events for clients signed with the record label • Put together press releases regarding new album releases for multiple artists and company upcoming events • Planned and prepared invoices for musical tale • Scheduled hotel and flight accommodations for members and company owners RGV NRG Advertising Manager/Marketing Director May 2015 - June 2010 • Planned and prepared advertising and promotional material to increase sales and/or services • Gathered and organized information to plan advertising campaigns • Researched, prepared and executed key projects/events which resulted in RGV NRG being one of the largest promotion companies in the Rio Grande Valley Austin Police Department Emergency Dispatcher June 2006 - Dec 2006 • Answered emergency phone calls and dispatched Police, EMS and Fire to applicable locations • Maintained records of police officers and their activities • Multitasked different assignments while communicating with civilians in high stressful situations • Required to write accurate and detailed daily reports REFERENCES: Computer Knowledge: Office Professional: Microsoft Word, Excel, Power Point Fax Published Journalist Photoshop File - Print Bilingual (Spanish) 87 WPM Multi-line Systems Sales IOS (Apple Products) Organization Communication Web & Graphic Design City Of Corpus Christi SISTER CITY COMMITTEE BOARD DETAILS SIZE 9 Seats The Sister City Committee studies ways and means of improving relations with the TERM LENGTH 3 Years Corpus Christi Sister Cities and to advise OVERVIEW TERM LIMIT 6 Yearsand consult with and assist the Mayor, the L 41 City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City Program. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION The committee shall consist of a steering committee and various subcommittees. F-FID1.4k The steering committee shall consist of nine(9)members who shall be broadly representative of the racial, religious and ethnic groups in the community.The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified.The steering committee shall DETAILS be responsible for the overall administration and implementation of the City's Sister City Program.The steering committee shall be comprised of representatives of the following categories: Economic Development Sector; Greater Corpus Christi Hospitality Association; Port Industries of Corpus Christi; Corpus Christi Chamber of Commerce; Higher Education Institution; Advertising/Public Relations;Arts/Cultural;and two(2)At-Large. In addition, representatives from the following City departments shall serve as ex-officio,non- voting members of the steering committee: Mayor's Office,Corpus Christi International Airport and Parks and Recreation.The officers of the steering committee shall consist of a General Chair and Vice-Chair.The Chair and Vice- Chair shall be elected by majority vote of the Sister City Committee annually.If the General Chair is absent,the Vice-Chair shall serve as General Chair during his/her absence. The steering committee may appoint any other subcommittee as, in its judgment,will aid it in carrying out its duties. The steering committee shall determine the membership of each said subcommittee,its duties and chairman.The membership of each said subcommittee shall consist of members of the steering committee and,at the option of the steering committee,members from the community at-large. ............................................................................................................................................................................................................................................ CREATION/AUTHORITY Section 2-150, Code of Ordinances.Ord. Nos. 10195, 14291, 18961, M86-0043- 1/28/86; 19474-9/16/86; 19635-2/17/87;21 045- 12/11/90;021236-9/10/91; 023424-8-25-98;029687- 11-20-12;030913-8/9/16. .............................................................................................................................................................................................................................................................................................................. MEETS First meeting of newly appointed Sister City Committee members will be Monday, October 10,2016 at 5:15 p.m.at the Corpus Christi Convention and Visitors Bureau Board Room, 101 N.Shoreline, Ste.430. (New Meeting date and time to be determined at that meeting.) ............................................................................................................................................................................................................................................................................................................................. SISTER CITY COMMITTEE Page 1 of 2 TERM DETAILS Three-year terms. ....................................................................................................................................................................................................................................................... DEPARTMENT Corpus Christi Convention and Visitors Bureau _.............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION SISTER CITY COMMITTEE Page 2 of 2 Sister City Committee June 12,2018 Three(3)vacancies with terms to 9/1/18 and 9/1/19 representing the following categories: 1-United C.C.Chamber of Commerce,1-Greater C.C.Hospitality Assoc.,and 1-Port Industries of C.C.(Staff is recommending the postponement of the Greater C.C.Hospitality Assoc.and Port Industries of C.C.for further recruitment.) Cleofas Rod riguez Jr. SISTER CITY COMMITTEE Resigned District Partial 09/01/19 Member United C.C.Chamber of Commerce Deven S Bhakta SISTER CIN COMMITTEE Exceeded Number of Allowed Absences District 5 1 09/01/18 Member Greater C.C.Hospitality Assoc. Barbara A Canales SISTER CITY COMMITTEE Exceeded Number of Allowed Absences District 4 1 09/01/19 Member Port Industries of C.C. William G Pettus SISTER CITY COMMITTEE Active District 4 1 09/01/19 Member Advertising/Public Relations Almira Flores SISTER CITY COMMITTEE Active District 1 09/01/20 Member Arts/Cultural Heather Moretzsohn SISTER CITY COMMITTEE Active District 4 1 09/01/18 Chair At Aarge Alan Thornburg SISTER CITY COMMITTEE Active District 1 09/01/20 Member At-Large Melody H.Cooper SISTER CITY COMMITTEE Active District 3 Partial 09/01/18 Member Economic Dev.Sector Susana Martinez SISTER CITY COMMITTEE Active District 5 1 09/01/20 Member Higher Education Rep. Mayor's Office Rep. SISTER CITY COMMITTEE Active N/A N/A Ex.Officio,Non-Voting C.C.International Airport Rep. SISTER CITY COMMITTEE Active N/A N/A Ex.Officio,Non-Voting . Parks and Recreation Rep. SISTER CITY COMMITTEE Active N/A N/A Ex.Officio,Non-Voting ' Sister City Committee Applicants June 12,2018 Gargi Bhmal SISTER CITY COMMITTEE District 5 United Corpus Christi Chamber of Commerce 602 N Staples Street,Suite If 15 Corpus Christi TX Corpus Christi Chamber of Commerce,At-Large Economic Development Sector,Port Industries of Patricia Cardenas SISTER CITY COMMITTEE District 5 Port Corpus Christi 222 Power St Corpus Christi TX Corpus Christi,At-Large Manuel G.Chapa Jr. SISTER CITY COMMITTEE District 1 Retired Military Arts and Cultural,At-Large Nina M.Feggins SISTER CITY COMMITTEE District 4 Currently Unemployed Arts and Cultural,At-Large Fernando Fernandez Jr. SISTER CITY COMMITTEE District Flour Bluff ISD 2505 Waldron Rd. Corpus Christi TX Advertising/Public Relations,Arts and Cultural,At-Large Sharron K.Hines SISTER CITY COMMITTEE District 4 Retired Greater Corpus Christi Hospitality Association,At-Large Susane Horn SISTER CITY COMMITTEE District 5 Texas ARM University 6300 Ocean Dr. Corpus Christi TX At-Large CITY OF CORPUS CHRISTI Submit Date: Jan 24, 2018 Application for a City Board, Commission, Committee or Corporation Profile Gargi Bhowal First Name Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 13 If yes,how many years? Are you a registered voter? r Yes r., No Primary Phone Alternate Phone United Corpus Christi Chamber of Commerce Director of Special Events Job Title 602 N Staples Street, Suite # 150 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Gargi Bhowal Page 1 of 5 Texas Work Address-State 78401 Work Address-Zip Code 361-881-1800 Work Phone gargi@unitedcopruschristichamber.com Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? I was born and grew up in India. I traveled, lived, studied, worked and also raised my kids in the many places around the world such as: India, Australia, Middle east, and Europe and here in USA for last 13 years. Naturally I have developed an extensive knowledge and understanding of the different cultures and an ability to learn quickly, determination to succeed, positive attitude, to relate to people and achieve a common goal. After learning more about the program I believe I will be a good fit and create value for this committee. Gargi Bhowal_resume 1 .24.2018.docx Upload a Resume Demographics Gargi Bhowal Page 2 of 5 Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Gargi Bhowal Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Gargi Bhowal Page 4 of 5 Board-specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? W Corpus Christi Chamber of Commerce Gargi Bhowal Page 5 of 5 Corpus Christi, TX 78413 BUSINESS DEVELOPMENT Marketing • Event Management• Community Relations • Foreign Language and Culture • Negotiations IL M • • Personable, self—motivated and result-oriented professional with substantiated organizational, cultural and community development success, and strong interpersonal skills eager to lead marketing and special events, and enhance customer relationships for business growth and developments. Overcomes challenges with in depth understanding of business needs and priorities,leading initiatives,building relationships and working collaboratively with stakeholders. CORE COMPETENCIES o Proficient in leading, organizing and administrating business and special events, motivating high-performance o Superior creative thinking, observation skill, and relationship-building with clients and customers o An effective team player, determined, and likes to follow up with attention to detail o Open—minded and positive, flexible and love to seek alternatives for solutions PROFESSIONAL UNITED CORPUS CHRISTI CHAMBER OF COMMERCE Director of Special Events 2016—Present o Manage and organize all membership and Foundation events,including Lemonade Day, Conquer the Coast and Leadership Corpus Christi. o Plan and develop programs, agendas and budgets, and conduct post-event evaluations for continual improvement o Negotiate contracts with service providers and suppliers as hotels, convention centers, speakers and ensure various services according to event requirements o Work with Communications Team on design and efforts to publicize events and promote sponsorships o Serve as the primary contact for the Mano a Mano Scholarship program,including identifying potential candidates, soliciting applications, convening selection committee, organizing award ceremony and payment of scholarships o Responsible for the development and execution of events that would fund the mission of the Mano A Mano Scholarship o Prepare press release and send it to media to promote all membership and scholarship fundraising events. o Represented United Chamber Foundation during 2017 Leadership federal session in Austin before civic group. o Organize and work with Steering committee, volunteer and member in executing the session flawlessly and got recognition as an individual who makes a positive difference. o Work with entire LCCA alumni association in executing their Stn Annual Roast Event,includes reaching out to potential sponsors,posting payment, tracking budget, and planning event set up HISPANIC CHAMBER OF COMMERCE Director of Membership Services 2015-2016 o Recruited new members, managed membership database, organized Ribbon Cuttings, ground breaking and grand opening that consistently inspired active member participation o Worked with Event Director on weekly newsletter and social media marketing o Prepared report of all new members and renewing members for the monthly board meeting o Conducted prospect research, and solicited corporations and businesses for membership, donations and sponsorships o Worked with the members to build value in their membership and explore opportunities for business development o Created weekly E newsletter that is distributed to all members and media outlets. o Prepared press release and send it to media to promote all membership and scholarship fundraising events. o Managed all event vendors,timeline and logistics coordination for The State of The County Address 2016 o Excellent relationship with members,volunteers and board of directors managed through new way of engaging and sharing values, resulting in a successful Embajador program and scholarship fund-raising event Mi Casa Es Su Casa GNR GLOBAL PIPING INC. (Own business) 2013-2015 o Conducted market research; identified suppliers of piping materials, especially from low cost countries o Enhanced relationship with suppliers of strategic interest to offer best competitive quote to customers o Managed relationships with freight forwarders to provide logistical support of materials to customers PROSPERITY BANK 2012 - 2014 Bank Teller Managed daily functions for the banking center. Trained new tellers, issued new accounts and CDs, and ordered bank supplies. Educated customers about bank products according to their financial needs. Initiated and organized various fundraisers. Received top Management recognition as the winner for raising maximum amount for Big Brothers and Big Sisters. GULF MONTESSORI SCHOOL/FAIPS 2003- 2005 Early Childhood Practitioner o Highly accomplished in accelerating holistic growth of a child in an Early Childhood environment. o Observed child's performance and analyzed need of additional supports as part of the early intervention process o Prepared lesson plan for classroom theme-based projects and learning activities SELECTED CAREER HIGHLIGHTS as an EVENT COORDINATOR 2010-2012&2006-2007 ✓ Cultural Chair Person and Event Organizer for the Community Health Fair for 3 consecutive years. ✓ Helped raise $72K for Community Health Fair,promoted event on air and received media coverage from newspapers and KIII TV channel ✓ Directed Cultural Program for International MBA students from International Women's Association (IWA) TECHNICAL SKILLS LANGUAGES ADDITIONAL WORK "8II Word, Excel, Outlook, Publisher, Fluent(verbal and written)in Taught at Elementary school& Power Point, Graphic Design English, Hindi, Urdu, Sanskrit, Multi-national cultural programs (Canva) Bengali &some proficiency in Arabic Directed and conducted various events EDUCATION Bachelor of Science, 1994 International Diploma in Early Childhood Certification Course in HR, 2013 University of Calcutta, India Education, 2006 International Public Management Masters in Indian Classical/Vocal Montessori Centre International, London Association for Human Resources, Prayag Sangeet Samiti, India 1996 USA CITY OF CORPUS CHRISTI Submit Date: Mar 27, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mrs Patricia Cardenas Prefix First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 31 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Port Corpus Christi Director of Communications Employer Job Title 222 Power St Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mrs Patricia Cardenas Page 1 of 5 TX Work Address-State 78401 Work Address-Zip Code 361-885-6124 Work Phone patricia@pocca.com Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor and Masters degree from Texas A&M - Kingsville and a Professional Port Manager Certification from the American Association of Port Authorities. Why are you interested in serving on a City board, commission or committee? My current job as Communications Director for the Port of Corpus Christi and my international background can bring knowledge and support to the committee. Patricia_Cardenas_Resume.pdf Upload a Resume Patricia Cardenas Bio -- 2017.pdf Please upload any additional supporting documents. Mrs Patricia Cardenas Page 2 of 5 Demographics Gender 9 Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Mrs Patricia Cardenas Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r. Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. The Port of Corpus Christi (my employer) work with the port on economic development projects sometimes. Mrs Patricia Cardenas Page 4 of 5 Board-specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? • Economic Development Sector • Port Industries of Corpus Christi Mrs Patricia Cardenas Page 5 of 5 MARIA PATRICIA SORZANO-CARDENAS OBJECTIVE To promote a positive image of a company and/or organization through various channels and methods of communication,as well as serving as a support for the company/organization's marketing initiatives Also,serve as a liaison amongst community,clients and media. EDUCATION ■ Masters in Science,Major in Arts,Texas A&M university-Kingsville(1989) ■ Bachelor in Arts,Minor in Communications,Texas A&M University-Kingsville(1987) • English As Second Language Certification,Texas A&M University-Kingsville (1986) High School Diploma,Santisima Trinidad Catholic Academy,Bucaramanga,Colombia, South America • Graduate of Leadership Corpus Christi Class 31 • Crisis Communication Certification(2004) • AAPA—Professional Port Management Certification(2006) SKILLS • Fully Bil,ngual Spanish/English • Proficient in Microsoft Word,Microsoft Publisher,Picture Publisher and Microsoft Excel. • Superior organizational skills with ability to balance many tasks. • Ability to communicate effectively with many types of audiences. WORK HISTORY Communications Director Port of Corpus Christi Authority 1998—Current Began Career at the port as the Community Relations Coordinator. As the Communications Director, I am under direct supervision of the Executive Director responsible primarily for executing a comprehensive and responsive global communications and marketing program. Develops, implements, and evaluates an effective communications plan to create momentum and awareness of Port initiatives and activities. Manage the development: distribution, maintenance and effectiveness of all print and electronic collateral including,but not limited to,newsletters brochures,e-newsletters, websites and social media pages. Develop, with the Port Advertising agency. an effective advertising program, including but not limited to, print ads in magazines, directions, and newspapers, brochures sales support materials, direct mail campaigns,billboard ads, radio ads, promotional items and videos. Author,review and edit press releases, articles,presentations and media communications to support key Port initiatives and personnO. Write, edit and publish materials relating to internal and external Port communications. Serve as the initial point of contact with the media related to all Port matters and maintains solid relationship with all media news outlets, Develop, oversee and promote Port brand initiatives. Oversee the Port's outreach efforts, and serves as the liaison for regional, national and international organizations such as Texas Public Relations Association, American Association of Port Authorities and the Gulf Ports Association of the Americas. Assists these organizations in the execution of their respective missions. Keep Executive Director and Senior Staff apprised of communications activities and initiatives; coordinates with other managers to ensure proper communications protocol is implemented. Support PCCA appearances in trade shows and in business development initiatives when needed. Oversee and assist with logistics, agendas and protocol for special events, projects, important visits and business trips as needed. Supervise, plan: assign and review the work and activities of the communications staff. Responsible for fiscal operations of department develops operating budget and monitors for conformance;recommends purchases, and adheres to bid procedures. Reporter/Anchor Univision 28—Corpus Christi,Texas_ 1996-1998 TV Reporter and newscast anchor when needed. Primary assignments were city and government issues. (Spanish language TV station) Digital Image Director One-Hour Photo Corpus Christi,Texas 1994.1996 Managed digital work services for all commercial accounts. Developed and designed Power Point Presentations, advertising brochures and other graphic needs for companies such as Driscoll Children's Hospital and Army Depot. Also in charge of alteration and restorations of photos. Supported customer service front desk when needed. APPLIED EXPERIENCE Advisory Board Texas Economic Development,State Of Texas Mexico Office 2002-2004 Appointed by the Governor of Texas,this position oversees the function of the State of Texas Mexico Office. As a member of the advisory board, I oversaw and made recommendations to develop projects supporting international trade between Texas and Mexico companies. Also,supported the promotion of special events such as trade missions to and from Mexico and educational seminars amongst companies in the South Texas region. Corvus Christi Hispanic Chamber Of Commerce 1999-2006 Board of Directors appointed in 2000. Elected to the 2003 Executive Board and as the 2005 Chair,supported and oversaw all chamber goals to increase value to membership,Chair of annual banquet and the International Trade Committee that successfully formed the largest trade mission delegation from the State of Texas to different cities in Mexico. Represented the Chamber at local,slate,national and international levels Port Industries of Corpus Christi 2001-2014 Chair of Communications/Image Committee. Managed the PICC companies'(13 Corpus Christi Major Industries) involvement in the community,communications campaigns,community awareness on industry related issues such as environment,safety performance,job retention and future outlooks.prepared media releases and served as spokesperson and liaison to media. Texas Public Relations Association 1998-current Active Member and Co-Chair of the South Texas Geographic Area. Judge for"Outstanding Rising Stars Awards" awarded every year to Public Relations Majors in competition at annual convention. Oversee the involvement of the South Texas membership. Support programs to increase membership and awareness of the Public Relations Programs offered by the Association Act as liaison between TPRA's president and the South Texas region. American Association of Port Authorities 1998-current Active member,serve as Port of Corpus Christi's representative on Public Affairs Committee Support the committee on projects related to the awareness of American ports related issues. 2015-2017 Chair of Committee. Liaison for Latin American Ports Delegates. Gulf Port Association of Americas 2000-2015 Served as Port of Corpus Christi's representative on the Marketing/Communication committee,supported the organization's efforts to market the US/Mexico Gulf of Mexico ports in order to increase trade,translate and prepare agendas and presentations for Spanish speaking port representatives,act as liaison between US ports and Mexico ports. Other Involvement with Area Education&Organizations • Mentor for Corpus Christi Independent School District Abstinence Mentoring Program 2001-2010 • CCISD Adopt A—School Program 1998-2014 • Member of Texas A&M Advisory Board Outreach Programs 2003-2010 • YMCA Board of Directors 2000.2005 • Chair Communications Coastal Bend March of Dimes"Walk America" 1998-1999 • Board of Directors Coastal Bend American Diabetes Association 2001-2006 • United Way of the Coastal Bend Allocations Committee and Loaned Executive 2000-2008 • Pan American Round Table 2010-2015 Patricia Cardenas Communications Director, Port of Corpus Christi Born in Bucaramanga, Colombia, Patricia is the Port's Communications Director responsible for trade marketing, stakeholder engagement, and the dissemination of information to the media and the general public.A former KORO-Univision 28 TV reporter, Patricia began her career at the port as the Community Relations Coordinator 20 years ago. As Communications Director for the Port of Corpus Christi, is responsible for managing and development of the Port's brand, the planning and implementation of the port's marketing efforts and tradeshows supporting the Port's Business Development strategy, manages agendas and protocol for special visitors and events, and assists all Port departments with their messaging, events and promotions. She serves as media liaison, manages the Port's website, photo archives, coordinates the Port's Speakers Bureau, and writes and edits the internal and external newsletters. Her abilities and accomplishments have made her a key player for other organizations—local, national and international. In 2003, she was appointed to the State of Texas Mexico Office Advisory Board by the Texas Economic Development office. She was the Port's representative for the Texas Mexican American Chambers of Commerce, US Hispanic Chamber of Commerce,American Association of Port Authorities (AAPA) Public Affairs Committee and Ports Sustainability Task Force, Gulf Port Association of Americas Public Affairs Committee and the Texas Public Relations Association. She was the 2005 Corpus Christi Hispanic Chamber of Commerce Board of Directors Chairwoman and was the Chair for the International Trade Committee for many years. She was a member of the Port Industries of Corpus Christi Public Affairs Committee, an organization comprising major refineries and petrochemical companies in the area. In 2002, she was named Corpus Christi Town Hero for the creation and leadership of the Americas Unidas-Trade Summit,which brought together important trade delegations from around the world to discuss opportunities and challenges facing the international trade community. In 2006, she proudly achieved AAPA's Professional Port Manager Certification. Patricia served on the Board of Directors for the YMCA, Junior Achievement,The Ark Temporary Assessment and Shelter Center, American Diabetes Association and Sail South Texas. In addition, she participated in the Corpus Christi Independent School District's Hispanic Women's mentoring program assisting at-risk Hispanic teen girls. In October 2005, she was recognized by the Muscular Dystrophy Association, as the 2005 Corpus Christi Community Leader and awarded the 2007 Outstanding Women in Transportation recognition by the Gulf Shipper Magazine. Like her father and other members of her family, Patricia Cardenas came to the United States to complete her education. She is a graduate of Texas A&M University-Kingsville with a BA and MA in Science and a Major in Arts. While attending college, she met and married Roberto Cardenas. They have three children, Maria Adela, and twins Jorge and Jaime.An accomplished painter, Patricia devotes her spare time to her family, exercising and the outdoors. CITY OF CORPUS CHRISTI Submit Date: Sep 08, 2016 Application for a City Board, Commission, Committee or Corporation Profile Manuel G Chapa Jr First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 16 yrs If yes,how many years? Primary Phone Alternate Phone Work Address-Street Address and Suite Number chapamanuel@ymail.com Work E-mail address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Manuel G Chapa Jr Page 1 of 5 Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Volunteer Percussion Instructor, Roy Miller HS. 10yrs Why are you interested in serving on a City board, commission or committee? Demographics Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Manuel G Chapa Jr Page 2 of 5 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (- No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Manuel G Chapa Jr Page 3 of 5 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? W Arts/Cultural Manuel G Chapa Jr Page 4 of 5 Manuel G Chapa Jr Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Aug 22, 2016 Application for a City Board, Commission, Committee or Corporation Profile Nina M Feggins First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 2 months If yes,how many years? Primary Phone Alternate Phone Work Address-Street Address and Suite Number msncrowelle@yahoo.com Work E-mail address Preferred Mailing Address W Home/Primary Address Nina M Feggins Page 1 of 5 Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) University of Florida- Masters of Science in Entrepreneurship (2013) Howard University- Bachelor of Art in Fashion Merchandising (2008) Why are you interested in serving on a City board, commission or committee? Nina F.docx Upload a Resume Demographics Gender W Female Verification Nina M Feggins Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r- Yes (- No Do you, your spouse, your business or your spouse's business have a City contract? Yes No Nina M Feggins Page 3 of 5 Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Nina M Feggins Page 4 of 5 Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? 1W Arts/Cultural Nina M Feggins Page 5 of 5 Nina Feggins EDUCATION UNIVERSITY OF FLORIDA • Master of Science in Entrepreneurship, December 2013 HOWARD UNIVERSITY • Bachelor of Art, December 2008 WORK EXPERIENCE RSR GROUP Purchasing Coordinator- 2015-2016 • Entered and placed purchase orders for stocking inventory, dealer programs, special orders,warehouse supplies and office supplies for all locations. • Maintained Vendor relationships involving inquiries about pricing, case quantity, and resolving ordering issues. • Updated inventory maintenance files by entering correct product information into the internal database. • Researched product discrepancies and informed the Buyers of any changes. • Verified compliance with vendors'non-authorized retailer lists and notified customers of their ability to correct company violations. WAL GREENS Assistant Store Manager Trainee-2014 to 2015 • Monitored proper staffing levels for each assigned shift by reviewing the schedule, calling team members, and adjusting hours based on requests/staffing needs. • Set up and hosted"senior day"informational events to promote wellness services offered at our facility. • Utilized data monitoring tools to analyze sales trends and order products to keep shelves stocked. • Ensured accurate on hand counts by counting vendor merchandise and matching invoices.Also implemented a system for team members to track loss, damaged, and stolen items to receive credit from vendors. • Increased cosmetic sales,in a one month period,by 48%over last year by producing creative signage, re-merchandising cosmetic items and promoting staff collaboration. GATOR 1 CENTRAL,UNIVERSITY OF FLORIDA Student Worker- 2013 • Conducted daily informational presentations introducing over 3,000 incoming freshman to the services offered by the university. • Assisted students and staff with retrieving, renewing, or obtaining a new student ID including taking photos and using the POS system to receive payments. • Promoted sales of the gator 1 card and made recommendations for dining,bookstore, and financial services. BABIES R US Department Supervisor- 2010 to 2011 • Provided guest service by achieving weekly incentive goals and stayed within the top percentile in the district. • Trained and evaluated all cashiers on front end tasks including registers,baby registry operations, online store order systems, restocking the sales floor,and distributing sales information. • Reduced store shrink by implementing and enforcing store return and exchange policies. SIX FLAGS AMERICA Retail Supervisor-2008 • Conducted interviews for seasonal retail positions and used performance reviews to evaluate team members'progress throughout the park season. • Transformed an underperforming store into a thriving revenue location by reallocating on hand merchandise and inventory from the warehouse,therefore doubling the amount of sales made in that location. • Constructed a timeline and full description of closing procedures for the end of the year inventory in all retail locations. • Overseen the set-up, counting, and selling of special events merchandise. ADDITIONAL SKILLS/INVOLVEMENTS • Proficient in Microsoft Office Suite and 10 key pad. • Orange County Regional History Center,Volunteer(2015) • MSE Ethics Fellow,OF Warrington College of Business (2012-2013) CITY OF CORPUS CHRISTI Submit Date: Feb 05, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr. Fernando Fernandez Jr. Prefix First Name Last Name Suffix Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No 18 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Flour Bluff ISD Director of Vocal Ensembles Employer Job Title 2505 Waldron Rd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mr. Fernando Fernandez Jr. Page 1 of 6 TX Work Address-State 78418 Work Address-Zip Code 361-694-9031 Work Phone ffernandez@fIourbluffschools.net Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) Aransas Pass HS Graduate, Undergraduate studies: Phillips University (Enid, OK), St. Gregory's University (Shawnee, OK), Graduate studies: TAMUCC; Board President- Harbor Playhouse; Director of Traditional Music- St. Luke's United Methodist Church; TMEA (Texas Music Educators Assoc. vocal division vice-chair/chair); Freemason; TCDA (Texas Choral Directors Assoc.); TMAA (Texas Music Adjudicators Assoc.) Why are you interested in serving on a City board, commission or committee? To help serve the city and citizens of Corpus Christi. To help share new ideas and implement them into action. To bring a greater awareness on any committee I serve on and represent the city and its citizens with honor and dignity. currentresFFJnonmusic.doc Upload a Resume Mr. Fernando Fernandez Jr. Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Mr. Fernando Fernandez Jr. Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. none of the above were a yes Mr. Fernando Fernandez Jr. Page 4 of 6 Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? I Public Art / Public Space I Youth / Education I Business Development Groups / Corporate Representative V Performing Arts (music, dance, drama, film) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? Pr K - 12 Education 9 Business Community Mr. Fernando Fernandez Jr. Page 5 of 6 Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? W Advertising/Public Relations W Arts/Cultural Mr. Fernando Fernandez Jr. Page 6 of 6 Fernando Fernandez Jr. Professional Profile I possess strong skills in managing and maintaining resources, creating a classroom environment that is enthusiastic and yet conducive to learning- challenging and encouraging students to achieve beyond their potential-while providing a quality education, compassionate mentoring, and holding true to the ideals and principles of an honest life. I am confident that I posses the knowledge, skills, desire, and capabilities to immediately assume a role within a city board committee. I would gladly welcome an opportunity to discuss your goals and objectives as well as my abilities to fulfill your requirements. I feel that my skills, experience, ability and enthusiasm would be an asset to the city of Corpus Christi. Thank you for your time and consideration of my qualifications. I look forward to hearing from you soon. • 17 years Texas Public Schools • Band/Orchestra Director • 2 years Illinois Private Schools • Music Director for HS/Community • 2 years Oklahoma College and Public Schools Musicals • Minor piano accompaniment skills • Music Minister- United Methodist • Composer and Arranger • Mentor for TAMUCC Educator Prep. • Private Voice and Brass Studio Experience • TMEA Region Chair/Vice-Chair (14 years) • Bilingual (English-Spanish) Professional Experience Flour Bluff Junior High and High School, Corpus Christi, TX September 2001 - Current Director of Vocal Ensembles Achievements: • 48 TMEAArea Candidates / 15 TMEAAII-State Choir Members • "1" Concert Ratings on stage for 9 of the last 12 years • Gained $15,000+ in donations for the High School Choir • TM EA Region XIV Vocal Chair (4 terms)/Vice Chair (3 terms) • Fine Arts representative for SBDM committee at high school (2 terms) • Raised performance and quality standards in both JH and HS programs • Earned highest success rate in the program's history • Nominated for Who's Who Among America's Teachers (2005,2010) • Named a Claes Nobel Educator of Distinction (2007) • 2nd Runner-up Krispy Kreme Doughnuts Teacher of the Year (2010) Responsibilities: • Coordinate JH to HS program's musical transition - 2 - • Maintain standards of excellence and high level of competitiveness within all HS junior varsity and varsity choirs • Prepare the choirs for concerts, contests and various public and private performances — provide piano accompaniment when able • Develop and maintain beginning and auditioned classes for JH choir program • Select appropriate repertoire for performances and contests and maintain the JH and HS choral libraries St. Luke's United Methodist Church, Corpus Christi, TX August 2006 —Current Minister of Music Achievements: • Raised performance quality and varied musical repertoire • Started `College Singer' scholarships with a$5,000 donation • Increased choral selections performed to (2) per service • Earned choir's first-time invitation to perform at UMC Annual Conference • Increased awareness and participation in the choir and hand bells • Gained $40,000+ in donations for the music ministry programs Responsibilities: • Select and schedule appropriate literature one month in advance • Direct Chancel Choir and Hand Bell Ensemble in rehearsal and services • Serve as liaison to the Pastor and assist in the liturgy planning • Manage the music library and maintenance on all musical equipment • Lead the congregational singing weekly in service Marmion Academy, Aurora, IL January 2000—June 2001 Dorm Prefect and Music Faculty Achievements: • Expanded Cantorial Choir to double the membership • 4 of 6 studio voice students landed lead roles in school musicals • Student Council prepared more programs and became more active • Named to Liturgy committee for all-school masses • Increased interest in boarding program Responsibilities: • Translator for outreach programs and for LEP students • Maintain budgets for student council, music classes, and dorms • Assist head Band/Choir director as needed or assigned • Supervise all student council events and advise as to school policies • Support, nurture and guide 35-50 HS boys within the Catholic boarding school environment St. Gregory's University, Shawnee, OK May 1999 —October 1999 Coordinator for Student Activities - 3 - Achievements: • Planned and Coordinated Freshman Orientation and Homecoming • Created and directed University Jazz Band • Served as sponsor/advisor for a sorority and Hispanic Awareness Club • Created on-campus tradition of"Coffeehouse Nights", streamlined the procedures for Greek Council business, and implemented Robert's Rules of Order into the student senate Responsibilities: • Create and maintain budgets for all dorm and student body activities • Supervise the dorm staff and serve as live-in advisor • Create and maintain a monthly calendar of events/website- coordinating with all other clubs and organizations • Recruit members and rehearse the jazz band weekly Education Texas A&M University- Corpus Christi, Corpus Christi, TX Masters in Secondary Education (6 hrs. to completion) St. Gregory's University, Shawnee, OK BA in Humanities (Music) May 1999 Phillips University, Enid, OK Undergraduate Study in Music and Liberal Arts August 1993 -July 1998 References --Available upon request-- - 4 -M 0 - 5 - Mentoring, Clinics, and Assignments: Texas Shrine Assoc. State Convention- Chanters Unit Contest Judge (May 2005) Pre-Service Teacher Mentor for TAMUCC (2001-2015) Student Teacher Mentor and Trainer for TAMUCC (2001-2003, 2005-2008,2010,2015) CCISD Choral Showcase Adjudicator/Clinician (2008-2010,2014-2018) All-State Choir Camp Instructor for Del Mar College (2003-2017) All-Area Master Chorus Coordinator (March 2005,2014-15) UIL Concert and Sight Reading Contest Site Host (2002-2004, 2006-2017) TMAA Active Choral Adjudicator State-wide (2012-2018) Original Compositions Commissioned and/or Performed: (More complete catalogue available upon request) Latin A Cappella(SATE Collection): arr. Deke Sharon/ed.Anne Raugh (served as editor/advisor)^ A Little Dancing Song (low brass trio)** Serend ipity-doo-dah (woodwind quintet)** Morning View from the Mountain (piano)* Funkadelic Piano #1 (piano)** Going Home, Tonight (piano)* Canciones de Amor Prohibido: Prelude (piano)* Hilah Adonai (SATB and piano)*** A Choral Litany(SATB and piano)** The Wizard of OZ:An Original Musical Setting (piano, synthesizer and voice)** Take, O Take Those Lips Away(TTB choir w/cello, piano) Ode to Music (SATB w/brass, piano)** Ave Maris Stella (SAB w/violin, piano) Madrigal (SSAw/piano) Two Settings from Dante's Divine Comedy (SATB choir and piano) What Color is God's Skin (arr. for SAB w/piano) ** Angels Divine (arr. for SSAA a cappella) *University Press Published **Commissioned Work ^Commercial Publication Professional Organizations: TMEA-Texas Music Educators Assoc. (Vocal Chair/Vice Chair - Convention Presider/Presenter) TCDA-Texas Choral Directors Assoc. (Convention Team - Door Prize Committee) TSTA-Texas State Teachers Assoc. (member) TMAA—Texas Music Adjudicators Assoc. (Permanent List member) Oso-Naval Masonic Lodge No. 1282 (musician, member) Mu Phi Epsilon- Professional Music Fraternity (chorister, alumni relations, president, donor) St. Gregory's Univ. Hispanic Awareness Student Association (member, advisor, donor) St. Gregory's Abbey—Shawnee, OK(donor) Harbor Playhouse- Board of Directors (president, donor) Corpus Christi York Rite- Chapter 91 RAM, Council 55 R&SM, Commandery 57 KT (inactive) AAONMS-Al Amin, Shriners (inactive) Major Research Papers in Music and Education: Public School Music Teacher:A Hands-on Curriculum for Texas Choral Directors Streamlined "Hunter" Lesson Plans for Undergraduate Music Teaching Experiences An Approach and a Curriculum for Undergraduate Secondary Music Methods Class The Art Songs of Modest Mussorgsky Shostakovich, Mussorgsky and the Rayok:An Anti-Political Art Song Movement Music on the Theme of the Blessed Virgin Mary up to the Renaissance Wagner vs. Brahms: Who was the Real Modernist? Losing Their Marbles: The Castrati Story Edgard Varese, the 20th Century and Musique Concrete:An Analysis Kaddish, Leonard Bernstein, and the Inner-Emotions of Symphony No. 3 - 6 - Musical Experience: St. Luke's United Methodist Church Director of Traditional Music (2006-current) Singer/Actor- Harbor Playhouse (2012-2018) United Methodist Church Annual Conference Mass Choir- conductor (2006,2008,2012,2014) Corpus Christi Chorale/Del Mar Master Singers (2010, 2014-15) Musical Director/Conductor:Annie (2006), The Sound of Music (2007), Into the Woods (2008), Really Rosie (2009), You're a Good Man, Charlie Brown (2014), Carrie: The Musical (2015) St. John's United Methodist Mixed Choir and Men's Chorus (2004-2006) Oso-Naval Masonic Lodge Musician (2003-2008) Al Amin Shriners- Chanters Unit (2004-2005) Vocal Coach for Marmion Musicals-Joseph and Technicolor Dreamcoat, Carousel(2000, 2001) Enid-Phillips Symphony Orchestra(1993-95) - Principal Tuba Phillips University Wind Ensemble (1993-98) -Tuba and Euphonium P.U. Jazz Ensemble (1995-97) -Tuba and Bass Trombone P.U. Brass Ensemble (1994-97) -Tuba Enid Community Band (1994, 1995) -Tuba and Euphonium OMEA Inter-Collegiate Honor Band (1996) -Tuba Phillips University Concert Choir (1993-98) -Tenor, composer-in-residence P.U. Chamber Singers (1993-94, 97-98) -Tenor/Baritone, student conductor St. Gregory's University Chorale (1999) - Baritone, Composer-in-residence St. Gregory's University Theatre Dept. (1998-99) - Twelfth Night as Sir Toby Belch, The Fantasticks as EI Gallo and musical orchestrator for Androcles and the Lion The Educational Philosophy of Fernando Fernandez Jr. My educational philosophy is not a short-term thought creation, but rather is drawn from a lifetime of learning and encouraging others. It stems from my positive and negative experiences as a student, my training and insight as an active classroom teacher, and being a life-long advocate for the fine arts and higher education. I believe that these following things should be practiced and displayed every day within my classroom-the students will: smile,learn to achieve beyond their potential, feel safe and comfortable, leave every day with a song in their heart, have a desire to succeed, learn and improve from their mistakes, and when they graduate will support the fine arts their whole life long. I feel that a student needs to be exposed to and learned in the core areas: reading, writing, mathematics, history, science, languages, and civics. The supplementation of the fine arts to this core area makes for a well versed and knowledgeable student and citizen. In the classroom,the use of Socratic dialogue has been time-tested and proven to be an advantageous strategy to use for the encouragement of higher level learning and thinking. The practice of intellectual and moral discipline strategies are at the heart of the fine arts classroom.Although the classroom learning intensity changes from day to day in a rehearsal setting,there is still an underlined uniformity to the class. This feeling of continuity makes the students comfortable, and also trains them for the uniformity of life in the workplace. Intelligent and frequent discussion is the key to a successful classroom as well. If the teacher does not take time to talk with their students and learn from them, then they will never learn how best to reach and teach them. Learning from our students can be the most thought provoking and humbling thing we ever do as a teacher.Always be in charge and the ultimate authority figure,but leave room for their thoughts,input, and discussion. Therefore,the school of thought I feel most comfortable aligning myself with is that of Essentialism. I feel that the aim and purpose of schooling should be to teach our children all they will need to survive in the realities of the work place,the world of higher education,the rigors and responsibilities of family life, and most importantly respect for themselves and others. Through the academic core areas they learn all they need to not only pass the state mandated tests,but to function as a conversant citizen. - 7 - Reading, writing, mathematics, science, history, and technology applications are essential to success and for a well-rounded individual. They train and develop them into being able to serve in a job with competency, attend a higher level of schooling with a ground basis of core knowledge to draw from, and they help them to help their families.A quality education is life-long and benefits everyone whom they may come in contact with-be they friend, family, co-worker, or stranger.While the core content is important to success,the fine arts are where they learn heightened states of discipline and self-awareness, collaborative learning, fostering an appreciation and understanding for life's complexities, and a craft they can use for education, recreation and relaxation their whole life long. Through a quality fine arts education the students will learn both world and music history, foreign languages,reinforcing mathematic basics, solving higher-order thinking puzzles and instances, applications of arts in everyday life,passion for the arts, nostalgia and a sense of"home away from home", and a desire to continue a life-long track to success. Their individual or group success at contests and in concerts propels them forward and creates that desire in their hearts to continue on this track their whole life. Since the days of Plato as an educator, the inclusion of the fine arts has been considered to not only be core to creating a well-rounded citizen, but an outstanding one at that. I believe that instruction should be delivered in a precise, concise,interesting, and enjoyable tone and manner. The student should enter the room with the desire to want to learn as much as they possibly can within the class'length. They should be encouraged and pushed a little into higher level content and repertoire in class. The material should be relevant, cross-curricular, stimulating, and presented in a logical sequence. The length of the class period should be utilized to the fullest; making sure that instruction is the primary objective and also making each minute count. The students will be actively engaged in learning or creating something for every minute they are in my classroom. I will only accept the best possible work from them and strive to encourage them to continually improve themselves. Through my continued education and development, I will show my students first hand that learning never stops and share my continued fascination with learning. The best way for me to be knowledgeable and up- to-date on current trends and issues affecting my students and my field is by committing myself to professional development sessions as they become available. I will annually attend conventions and sessions offered by Texas Music Educator's Association and Texas Choral Director's Association to keep abreast on these issues and trends. I will also actively follow and read journals in education and music education to make sure I am practicing the very best teaching I possibly can.A teacher who does not continue their learning is not only hurting themselves but ultimately their students. Only the highest quality materials and supplies should be used in the classroom; as the program budget allows. The classroom should have an active layout and design; one that is both inviting and inspires creating and learning. The ultimate goal of instruction is to model and teach; not just content,but life skills, character, success, and a love for life long learning. I believe that in my classroom, students have a chance to voice their opinions, thoughts and questions in an environment that encourages and enlightens. They have a say in what music we program, how many performances we offer, how best to reach the community and give back, how best to assist them in learning difficult sequences, and how the music and class makes them feel or think. The students will be taught to get along with everyone,by my lead and example, and will learn a guided form of peer mediation when a problem arises. There will be no room for intolerance of others, and harmony, both in the music and in the class'relations, will be a large part of the ultimate goal for my daily classroom. There is an air of respect and courtesy in the classroom for all administrators,visitors, parents, classmates, and instructors. I, as the teacher, set the tone for their behaviors; and they will follow my lead and example when dealing with others. Every one from every background is always welcome, and made to feel especially welcome in the classroom at any time. I will never speak ill of a colleague or parent in front of any students, or others on the staff, and will treat my colleagues and parents with the same courtesy and respect I expect of them. For my parents, I will be available to them via conference period, phone, or email for their assistance or inquiry. They will be treated in a dignified manner and their issues addressed always with sensitivity, a professional tone of voice and a look of confidence-no matter how upset or hostile they may be or become.As for my colleagues, we should hold and respect the rules and - 8 - standards laid out for us by both the state and the school district.Also,the less time I spend in the faculty lounge will be the best time I spend with my colleagues in conversation. J.S. Bach once wrote, "The aim and final purpose for all music should be nothing else but the glory of God and the refreshment of the spirit." Since I teach in a public school,it is all done for the refreshment of the spirit; and the glory of God is secretly in every individual's heart. These are the things I believe to be essential to a quality education, and are in turn the credo for my personal education philosophy. CITY OF CORPUS CHRISTI Submit Date: May 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile Ms Sharron _ K Hines Prefix First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No less than ayear If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone n/a Work Address-Street Address and Suite Number n/a Work Address-City n/a Work Address-State Ms Sharron K Hines Page 1 of 5 n/a Work Address-Zip Code n/a Work Phone n/a Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) some college and military engineering training Why are you interested in serving on a City board, commission or committee? I was a previous member in Ft. Worth, Texas Demographics Gender 9 Female Verification Ms Sharron K Hines Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ms Sharron K Hines Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I did not answer yes to any of the questions Board-specific questions (if applicable) Ms Sharron K Hines Page 4 of 5 Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? V Greater Corpus Christi Hospitality Association Ms Sharron K Hines Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jan 22, 2018 Application for a City Board, Commission, Committee or Corporation Profile Susane Horn First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 22 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas A&M University Adm. Associate nployer Job Title 6300 Ocean Dr. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Susane Horn Page 1 of 5 Tx Work Address-State 78412 Work Address-Zip Code 361 8252669 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. I would like to go back and serve in sister city committee. Currently I am sitting out. Education, Professional and/or Community Activity (Present) I work for College of Education at Texas A&M Corpus Christi. Why are you interested in serving on a City board, commission or committee? I would like to continue to help the student expand their first experience and expose living in foreign country. Demographics Gender W Female Susane Horn Page 2 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Susane Horn Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Susane Horn Page 4 of 5 Board-specific questions (if applicable) Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? None Selected Susane Horn Page 5 of 5 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 PaEb 1 oC2 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 PaE�2 o12 MEMORANDUM OF UNDERSTANDING UNITED CORPUS CHRISTI CHAMBER OF COMMERCE AND THE CITY OF CORPUS CHRISTI ❑as a CJ7ee❑ent entered into o❑t❑e date o❑its e Cb ELti on as set Cbrt❑❑e lbw Cay and ❑etween t❑e ❑nited ❑or CI-k ❑Clisti ❑Ea❑Cbr o❑ ❑o❑❑er Cb FM❑❑❑CID Cbr t Cb Cb Ct❑ ❑e Eas Mi ftary ❑ali ties ❑as❑Cbr1b FM1:M❑❑❑CIDand t❑e ❑ity o❑❑orCl-k ❑Cfisti CMEb ❑ityEL ❑❑e 1111❑❑ is an orEaniE tion 16lhded Cbr t❑e CJ7o11otion o❑❑T-kinesses❑Cteation and retention o❑C6C§Eand oEbra1111 Cone Cit o❑❑or CI-k ❑C:risti❑❑e Eas❑❑Cb Cbs ❑o lhty and s CJ7ro lhdin❑ areas. ❑Cb ❑❑M❑❑❑ is a Cb 1111 ittee o❑t Cb 11111111 Cb C>Cked on CJ7eser Cin CICe❑E�tndin❑and s CIlbrtin 1111 i Ci3tary a Cti ati es in CbA❑❑eEas. ❑❑e ❑ity see C�; to sti❑CIlte Cl-kiness and Cb 1111 er Cha❑a Cti Cities in ❑or CI-k ❑Cfisti 1111 Cb Ces ❑o lhty Eand t Cb area. ❑Cb 11111111 a a its ❑❑M 1111❑ ❑o 1111 ittee wi MM 1.❑11ti❑®te❑en Cb CJ7a❑e❑de Cb Cb❑ Cl-kiness Cb Otion and ❑b❑❑erda❑aEti aty in C>I❑tlin❑ CJ7e Oration and i❑Clb❑entation o Clstrate a❑ClaCns Cbr ❑a a❑CD Chi City o❑area ❑i Ciitary Ca d Ries and otCbr Cb 1111 Ehity assets Cbr ❑i Citary aai aties❑ 2.❑Pro11ote and adEbrtise tCb area Cay in ❑erson CJ7esentations 16Ea4 and in otCbr areas Cbr t Cb Cone Cit o[][]or CI-§ ❑CJ7i sti CIC Cb Cis ❑o Ehty and s CJ7ro lhdin❑areas❑ 3.❑❑nderta Cb of❑er a Chi Cities to se Elie❑CJ7ote 1:t[land e Eland Cb Ea❑❑i ftary Eases and aEti Cities❑ 1111DiC>7Cbnt) CtiC>7Cb tCb resoCJ7Cbs o❑tEb 1111❑❑ and ❑❑M❑❑❑to Cto❑ote tCb CaCae o1 ad❑inistration o❑tEb CJ7o Cia❑ a C:b Cb Land 5.❑❑CID it re❑bits se❑i Cann Ea 4 to ❑Cb ❑ity detai Cion❑t Cb a Eli Cities o❑t Cb ❑❑M 1111❑in Cbr Cbr❑anCb o❑o Ch7Eations CIrs Eant to t Ci s a CJ7ee❑ent. 11111111 s Eamin C❑Itle in its 1 re❑brt a detai led a❑o Cntin❑ o❑e❑L:bndit Ges o❑t Ce ❑Bids o 1111 Ce ❑ity and any ❑eas[Ta❑Tfi res AN o Gained. ❑s Cly❑ent Cor tEbse seraCbs❑C6r ❑1111❑❑❑ ❑❑❑❑ 2018 EE]GoEbr 1❑201❑t[To❑❑=7 ❑e Ge❑Ebr 30❑2018 FU❑Ce ❑ity❑s❑FIb G to any additiona❑Conditions or re❑ire❑ents Contained in ❑tta FM ent ❑as Gees to Cro tide CZ51000_ 11111111 wi ll[]C�Cse tas Elbdin❑to ❑e se Ire Gated Gro❑ of Cor Elhds Csed Cor t❑e a Gi aties Ehre Cdted to ❑❑M 1111❑a Gi Cities and tEb ❑G❑bses o❑tas aGee❑ent. ❑as a Gree[lent wi 11[]Cbntin Cb in Cbr Cb and a CII G Diti CICe Ge❑Ger 3 0 0018_ Id tEb e Cont tEb 1111❑ter❑inates tEb CroCia❑ aEtiCities sCIMGto tas aCree❑ent Criorto tEb eCliration o❑t a s a Gee❑ent G Cb E Cain Ce o❑any re❑ainin❑EEhds s E llIlCb ret Crned to ❑❑e ❑ity in tEb sa❑e Go❑brtionaGC�tt ❑Cb ❑ity ❑Dads ❑earto tEb tota❑EThds relbiEbd or in ❑bssession o❑ 11111111 to Cbnd E[t a Eti aties re lAted to t as a CTee❑ent. ❑ CID❑❑❑❑oCA7 Ends on tasday o❑ I I I I I I I I I FE2018. ❑El]❑ 1111 ❑❑❑P❑❑ 1111❑CID❑❑ ❑❑El]❑D 1111❑P11111111❑CID❑❑ 1111❑MB1111 111111[IMM 11111111 B❑❑ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 B❑ ❑❑M❑❑ I I I I I I I I I I I I I I 1 1111❑❑ ❑❑D❑CID❑❑❑CIID_ ❑CID❑❑❑ I I I I I I I I I I I I I I I President ❑ 1111❑ 1111❑❑❑❑❑li[Ire Hired❑ ❑❑❑CID❑ ❑D❑❑❑M❑❑❑ B❑❑ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 B❑❑ ❑[IM❑SCID❑❑ I I I I I I I I I I Coe 11 FM anEDireGor ❑CIA-o❑ed as to [or 11 Ili[Ire Hired❑ B❑❑ ❑[IM❑SCID❑❑ 2 ATTACHMENT A 1. ❑Eb ❑o Et❑❑e Cis Military E d Cities ❑as❑❑or[b s E [Ure a se its Cay®ws to re llb Et ❑Etrent strC❑tCA7e❑b Cbrationa❑Cbnditions C❑:b Odes Etas Cs E nd al:ti aties. ❑❑e Cay®ws wi C❑Cb reC❑ired to ❑e ado Eted Cay tEb ❑nited ❑orC❑-k ❑Ctisti ❑Ca❑❑er o❑❑o1111 erlb Board o1 Dire Ctors to Cb e CII Chi Cb. 2. ❑❑e Cb A❑❑e Cis Mi Citary ❑a d Cities ❑as❑❑or Cb s Ea C❑ado A an ann Ea❑ELd Cbt detai in❑ re Ebn Ebs and a C❑bndit CA7es in a C❑brdan[b wit❑t Eb newly re a sed Ey lldws. 3. Po G❑ies ado Cted Cay tEb ❑as❑ ❑or[b s E�M❑not Cbn❑i]l:t wit[] ❑b Cldes❑initiati lbs and ot❑er a Chi on ado Cted Cay tEb ❑nited ❑or C❑-k ❑Eti sti ❑E ❑❑er o❑ ❑o❑❑er Cb or its ❑e❑❑er ❑b Corn❑enta❑ bits. 3 ❑ is ❑Cree❑ent s E Q❑ta Ce e❑e Et i❑❑ediate Cy ❑ bn its Ossa Eb and s C:itContin Eb in Cbr Cb and e❑b A [to❑ t Eb date Cereo❑ 1111❑❑❑❑❑ 11111111 Ill 11 11111111❑P❑❑ ❑❑❑EEI❑❑ 1111111111111111111111111111 1111111111 111111111 1111111 ❑e Ce❑F�i ❑Orta Coe M Ello 1111 ❑ity Eb I tetary Mayor ❑or❑� ❑Cri sti me Cos oD1111111111 1111111112018 ❑Ce a❑b Eb reso❑Iti on was Gassed Cay t❑b Cb❑twin❑❑bte❑ Coe M Ello 1111 ❑Cdy ❑arEa 11 111111 1 Pa❑&te ❑Ca ardo Mi❑fiell]Enter DeElie ❑indsey EEl Eb❑ Ben Mo ba ❑Ebrett ❑oy 11 ELY ❑Elio [Ire 11[][]it[] 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. 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 (393 square feet) of an existing electrical easement out of Grange Park Subdivision Unit 1, Lot 1A Block 1, located at 3801 Woodhouse and requiring the owner, Grangefield Development, LLC., to comply with the specified conditions. 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 (393 square feet) of an existing electrical easement out of Grange Park Subdivision Unit 1, Lot 1A Block 1, located at 3801 Woodhouse 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 SC 0 AGENDA MEMORANDUM NagPopp`Eo Public Hearing/First Reading for the City Council Meeting of June 12, 2018 1852 Second Reading for the City Council Meeting of June 19, 2018 DATE: May 7, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department jayell@cctexas.com 361-826-3464 Espejo Helicopter Lease Agreement CAPTION: Ordinance authorizing a 17-month lease agreement with Espejo Helicopters, LLC for use of area of The Water's Edge Park located along Shoreline Blvd. near Kinney Street to conduct helicopter air tours with monthly rent payment of five percent of gross revenues. PURPOSE: To approve the lease of a certain area of The Water's Edge Park to Espejo Helicopters, LLC and authorize the city manager to execute documents. BACKGROUND AND FINDINGS: In 2017, Espejo Helicopters, LLC sent a letter asking for consideration for a landing site. In early 2018, the Director of Parks & Recreation did a test flight with the proposed operator, discussed site, flight route and operations. The agreement will be for approximately 17 months until end of the tourist season in October of 2019. The contract will be reviewed by the City at that time for consideration of a multi-year contract. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered/ Expended Amount This item 0 0 BALANCE 0 0 Fund(s): Comments: none RECOMMENDATION: Staff recommends approval of this agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with Exhibits Ordinance authorizing a 17-month lease agreement with Espejo Helicopters, LLC for use of area of The Water's Edge Park located along Shoreline Blvd. near Kinney Street to conduct helicopter air tours with monthly rent payment of five percent of gross revenues. Whereas, the City has received a request for use of portion of The Water's Edge Park located along Shoreline Blvd. near Kinney Street as a helicopter landing and take-off site for helicopter tours; and Whereas, prior to the use of park lands for non-park purposes, Chapter 26 of the Texas Parks and Wildlife Code requires the City to hold a public hearing to determine that there is no feasible and prudent alternative to the use of park lands; and Whereas, notices of the public hearing were published on May 20, May 27, and June 3, 2018 regarding a public hearing to be held during City Council meeting on June 12, 2018; NOW, THEREFORE, be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. That the City Council held a public hearing and carefully considered any and all clearly enunciated local preferences regarding proposed lease of portion of The Water's Edge Park for a helicopter landing and take off site. Section 2. That the City Council finds that there is no feasible and prudent alternative exists for this use of the park land after holding the public hearing and carefully considering all enunciated local preferences. In addition, the City Council finds that reasonable measures will be taken to protect the park land. Section 3. That the City Manager or designee is authorized to execute a 17-month agreement with Espejo Helicopters, LLC for use certain area of The Water's Edge Park located in Corpus Christi, Texas, to conduct its non-stop commercial helicopter air tours within 25 statute miles and to serve as its location for takeoff, landing, boarding and temporary business operations to provide recreational sightseeing tours. In consideration for use of the premises, Espejo Helicopters, LLC agrees to pay the City monthly rent as follows: Lessee shall pay City five percent of Gross Revenues. 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 CORPUS CHRISTI PARKS& RECREATION Espej o Helicopters, LLC Council Presentation June 12, 2018 Contract Negotiations CHRISTI PARKS6 • Term: approximately 18 months ■ A multi-year agreement will be considered after the initial agreement is fulfilled • All approvals and considerations for park use will require approval from the Parks & Recreation Department Director. ■ Including high traffic restrictions • Rent: Five percent of Gross Revenues, due monthly O�pUS cyR i o. m IA� • • r CHRI STI U Y 14�_ Location CORPUS CHRISTI — PARKSS MU-7I-PUI SE N•S GWINPAR! C'.AGGNAL RSRKINGI CCLIRTS PAR{IRG LCT NF]tl�EWAtIlS 3LCE'S91�LflY R��.'I3tw IAYOLT ' Il.9FOUEl1ENC5 NE'.V PLAYG; JNC FCCG_RLE-A.VO —%''GIGEV:A._K RE—Cl.�1.-ET. '�PECIR_E•:El.��.^.PACE FAC•LR.=^, HEW AOL-TFTIMSART --- _ _�. 9HAt1E51RIlCR1RE _ x E PIFIA RELOCATED NLIV S�Y�/ HENORWB PAR{IR3lTRA-FIC .._ Y.•- .. , �G. .._. Y � � � -�.Q. Q - DOhTRCL e � � V r ,� t_iI i �`• i iL. _,..�1 ►i i i►�k i+�`fit.r a PARKIHGCONTROL NWONO COIRROL NEW REST�MS E�ECL4L ELEMIS SPACE fLMESVL �� PPIM IMPRilVEAfEM91 DECK VON—ti SIGNAGE —El— SH]REDNE WRClJ9BRS PARI(ING fTRIFFIC LAN'ER lLhYCGCAPE OOGFMK INFTiOLE1.ElRS 1'LTFRYIO C COl1IFi9L a 1LIPRGYII£NT4 WRH 3HAOE �PIAMER31 QlOI MGONIRl1CfWFRALT) PEDESIRLWAREA ... WlFOCOTFUCK SYAT0.YIS _. 1�. I 4 Location CORPUS �t CHRISTI PARK t the �- WATEWSEDGE `Oapus CyR11 O 11 Site Safety Plan J CHRISTI Gate Keeper Passenger Loader � ;� j 3' 11.�&Services CORPUS CHRISTI PARK `' '` ' • Tourist/Visitor Sightseeing Flights • Beach Rides „ .� , • Night Flights 4 " " "~ • y Cattle Work z Pipeline / Powerline Patrols • Wildlife Surveys • Special Events CORPUS a CHRISTI PARKSS Questions? I A > I -mum /� a c its 4 Gate Keeper Passenger Loader , r A f - � f c ° ' ` ! f � ' d F COME SEE THE-CITY LIKE WE DO. - Y �4 SEE IT DIFFERENTLY. I BOOK YOUR TOUR BY CALLING US AT:361.500.4981 ""'� Espejohelicopters.com Qo 1 6 ` 414 o _. .° A PICTU ORTH 1,000 LIKES SEE IT DIFFERENTLY. S' K YOUR TOUR BY CALLING US AT:361.500.A981 ° Espejohelicoplers.com 0 i 0 M M M M M M M M M M ■ 30 28 26 y 24 22 / 20 f /m RFUS CHRIST/ 8,4�� Y "A ,6 14 F 12 GULF OF MEXICO 10 i B9-LANDING ZONE FOR ALL TOURS , 27'470$.6°N 97'23'38.4"W 8 ,.. i H28-BAY TOUR PERIMETER 27°52'45.1•N 97°17'51.2°W 6 1 � S14-BEACH TOUR PERIMETER 27°44'14.8"N 47107155.41YJ •Z28-LYDIA ANNE LIGHTHOUSE OPTION 27151149.5`N 97103124.2"W 4 ESPEJ0 ,11Tours beginning at$80 per passenger E3 Ages 3 years and up 2 I!ELlCOF'TEF25 Customized tours available. CALL 361.500.4981 _ We offer a variety of helicopter services, Espejohelicopters.com I IIn a Call for more information. ME M B © D M F M H J L N • P e R TVX Z . DO N T B i.sc• __= ._ .. .ik"`'}}S1 ))�`yr I rlf . 11 I( 1 r' fr4% ij3 rr At 6rl&:s°."n" " T{lr .f ,. I .��'a+?.t r r39� ''7�';;f�i �:� ,Sd � f r �� �.d• rr � �.r� �i.'b{p�j� ��-.�I rr , ,• ' � r f r r yaYf r x / f,. �}a � }/ �Y� �f f'+P� q •'�:. r/r114 F. r I 1l! /r yrfrl �fl r ,fir ° ( ,• �l �r�� (/�1 iI�F i�f lj,�!1 �� A � �� '�� F • - • • - •• - • ••• s • • - - - • I. - • • • •- • ••• • • -• • ••. • I I � ' I • - - a - � I I • • :' I AIR TOURS t _ 1,4 tW TI I .•'ia-.r -•rN J- N DAYS OF OPERATION ESPEJO p WEDNESDAY - SUNDAY � HELICOPTIE-1 Waters Edge Park, Corpus Christi, TX 78401 27047'08,6"N 9723'38.4"W CALL WEB 361.500.4981 ESPEJOHELICOPTERS.COM Ifni O 1 LEASE AGREEMENT WITH ESPEJO HELICOPTERS, LLC REGARDING USE OF AREA OUT OF THE WATER'S EDGE PARK FOR RECREATIONAL SIGHTSEEING TOURS THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, Espejo Helicopters, LLC ("Lessee") desires to use certain area of The Water's Edge Park located in Corpus Christi, Texas, to conduct its non-stop commercial helicopter air tours within 25 statute miles and to serve as its location for takeoff, landing, boarding and temporary business operations to provide recreational sightseeing tours; WHEREAS, Espejo Helicopters, LLC has been issued Letter of Authorization by the Federal Aviation Administration effective August 30, 2017, to conduct commercial air tour operations under 14 CFR Section 91.147, and a copy of said Letter of Authorization is attached as Exhibit A; NOW, THEREFORE, the City, and Lessee agree as follows: Section 1. Premises. The City leases the use of Premises described herein to Lessee, under the terms and conditions contained herein. Section 2. Definitions. Whenever used in this Lease, the following terms shall have the meanings ascribed to them as set forth in this paragraph, to wit: A. City shall mean the City of Corpus Christi, a Texas home-rule municipal corporation. B. City Manager shall mean the City Manager of the City, or City Manager's designee. C. Director shall mean the City of Corpus Christi Director of Parks and Recreation or designee. D. Effective Date shall mean May 18, , 2018 or date of final City approval, whichever ever occurs last. E. Gross Revenues shall mean the total amount of money or the value of any other considerations received by Licensee or by Licensee's officers, agents, employees, invitees, or subcontractors, for any purpose related to use of Premises, including but not limited to, ride fare and merchandise sales. F. Improvements shall mean any construction at the Premises by Lessee or Lessee's contractor. G. Lease or Agreement shall mean this document as executed by both parties. 2 H. Lessee shall mean Espejo Helicopters, LLC, a Texas limited liability corporation. I. Premises shall mean a tract or parcel of land approximate acreage of ---------- acres as shown on the attached Exhibit B, which includes use of the gazebo on the Premises. Lessee agrees to provide the metes and bounds exhibit to be attached as Exhibit B. Section 3. Purpose. The purpose of this Agreement is for Lessee to construct and operate and maintain, at its sole responsibility and sole expense, a helicopter takeoff and landing facility constructed and operated by Lessee in accordance with applicable Federal, State and local laws and regulations, to be located at the Premises, for sole use by Lessee to conduct recreational sightseeing tours. In addition, may utilize the Premises for temporary business operations including sale of the following types of related merchandise: hats, T-shirts and souvenirs. Any other uses by Lessee are prohibited. Section 4. Term. This Agreement shall commence on the Effective Date and continues until October 31, 2019 unless earlier terminated as herein provided. Section 5. Preparation for the Premises. A. Lessee's site plan for the Premises is attached as Exhibit C. S. Lessee is responsible to ensure that its use of the Premises is conducted in accordance with all applicable Federal, State, and Local laws, ordinances and regulations, including but not limited to all applicable Federal Aviation Administration ("FAA") regulations such as FAA Advisory Circular AC No: 15015390-2C, Heliport Design, and Federal Aviation Regulation Part 157, Notice of Construction, Alteration, Activation, and Deactivation of Airport. C. Lessee shall not construct nor install any improvements at the Premises other than a temporary fence to be installed and removed in accordance with the following procedure: No digging shall occur at the Premises. The temporary fencing will be installed as follows: D. Prior to commencing any such construction, the Lessee shall provide insurance as required by Exhibit D. E. Lessee shall be solely responsible to ensure that its use at the Premises is in compliance with all applicable Federal, State, and local laws and regulations, including City building codes and zoning regulations. 3 F. Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Lessee as such obligations mature. Lessee expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the City's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or Improvements thereon, and Lessee shall discharge any such lien within thirty (30) days after notice of filing thereof. G. During the preparation of the Premises for this Agreement, , City's duly authorized representative may enter upon the Premises and make such inspections as City deems reasonably necessary. H. Lessee shall be responsible to obtain all required City permits including but not limited to traffic, building and construction permits. I. Prior to any flights from or to the Premises, Lessee is solely responsible to obtain and maintain all required Federal, State, and Local permits concerning the operations at the Premises, including but not limited to the following: i) Vertical Take Off and Landing ("VTOL") Aircraft Operating Permit issued by the City of Corpus Christi in form as shown in attached and incorporated Exhibit E; and ii) Federal Aviation Administration ("FAA") notice of approval in response to Lessee's submittal of FAA Form 7480 Notice of Landing Area Proposal and FAA Form 5010. J. Lessee must maintain all permits required to conduct flights from and to the Premises. Lessee shall immediately notify the Director of Parks and Recreation of any disputes or issues regarding status of any permits. Lessee shall provide the Director of Parks and Recreation with a copy of all required permits prior to Lessee's use of the Premises. Section 6. Operations at the Premises A. Lessee's sole use of the Premises is to serve as Lessee's location for its takeoff, landing, boarding and temporary business operations to conduct non-stop recreational sightseeing air tours within 25 statute miles. . Hours of operation are limited to 30 minutes before sunrise to 30 minutes after sunset. Any FAA changes to the Lessee's Certificate of Authorization may require alteration to the Lessee's use of the Premises with notification to Director. B. All aircraft used the Premises shall be property of Lessee or leased to Lessee with current inspections issued by the Federal Aviation Administration. C. Each pilot landing at or taking off from the Premises shall be employee of Lessee, with a current commercial pilot license issued by the Federal Aviation Administration. 4 D, Lessee shall consult with Director to identify its hours of operation. Lessee agrees to not operate from the Premises during scheduled Special Events nor during any other dates identified by the Director. For purposes of this agreement, a "scheduled Special Event" is any event authorized under City permit or lease that may require temporary use of the Premises. During times when the Premises is not available due to scheduled Special Event, Director will attempt to identify another temporary suitable location for the Licensee's use that meets the Federal, State, and Local laws, ordinances and regulations. E. Lessee shall conduct all activities in accordance with all applicable Federal, State, Local laws, ordinances and regulations_ F. Lessee assumes full and sole responsibility to ensure that Lessee's planned activities can be conducted by Lessee at the Premises pursuant to all applicable Federal, State, and Local laws, codes and regulations. City disclaims any warranty regarding Lessee's intended use of the Premises. G. Lessee shall be solely responsible to obtain and maintain all required Federal, State, and Local permits concerning the operations at the Premises, including but not limited to, any permits required by City Ordinance such as the attached Exhibit E. Lessee must provide the Director with a copy of the approved VTOL Permit as described in Exhibit E. H. Lessee is solely and exclusively responsible for all its activities on the Premises. The City has no responsibility for safety or any activity on the Premises. Lessee is solely responsible for safety of all of Lessee's activities on or off the Premises. I. Lessee must maintain and keep the Premises including Improvements in good condition however City agrees to mow the Premises. Lessee agrees to: (1) Lessee shall pick up and properly dispose of litter on daily basis. (2) Lessee shall keep the Premises (including any buildings, temporary or permanent) clean, sanitary, operational and in good repair, including but not limited to cleaning and maintaining interior and exterior of any building(s) at the Premises. (3) Lessee must immediately report any vandalism to the Parks Director or designee and Corpus Christi Police Department. City is not responsible to repair or replace any damages to the Property or Improvements. J. Utilities. City will be responsible for utilities at the Premises. K. Fueling and aircraft/vehicle maintenance are prohibited at the Premises. All activities at the Premises must be consistent with City zoning regulations. L. City agrees to provide Lessee with wording to be used by Lessee when Lessee conducts City bayfront tours or any other aerial tours of City property. 5 Section 7. Consideration, Financial Records and Audit A. As consideration for use of the Premises, Lessee agrees to pay the City monthly rent as follows: Lessee shall pay City five percent of Gross Revenues. B. All payments are due by the tenth of each month, to be paid to the address as directed by the City Director of Parks and Recreation. Late payments accrue interest at rate of ten percent per month from the date the payment became due. C. Lessee must maintain all financial records and receipts for at least five (5) years from the expiration of this Agreement. City has right to inspect and audit financial records of Lessee during regular business hours. Financial records include but it not limited to, all documents related to the conduct of the operations, such as general ledgers, accounts receivables and payables, sales journals, inventory records, daily and periodic summary reports, cash register and computer terminal tapes, bank deposit slips, bank statements, tax reports to the State and Federal agencies, and receipts. D. Lessee must furnish City Director with monthly statements of Gross Revenues, certified by an authorized officer of Lessee, in accordance with generally accepted accounting principles and procedures, and in a form approved by the City Director of Financial Services. E. As additional consideration, Lessee agrees to provide up to two rides a year, at no cost, to be used for official City purposes such as updating aerial photographs of the Bayfront or other City properties. Section 8. Damage or Destruction In the event of damage or destruction to the Improvements or Leased Premises, City shall have no obligation to repair or rebuild the Improvements or Leased Premises or any fixtures, equipment or other personal property installed by Lessee, but City shall attempt to identify another suitable location for Lessee's use. If such damage or destruction renders the Improvements or Premises unusable or unsafe as determined by the City Manager in the City Manager's sole discretion, then upon City Manager's written notice to Lessee, this Agreement terminates immediately without penalty to the City. Section 9. Termination. In addition to provisions set forth elsewhere in this Agreement, the Agreement may be terminated as follows: (A) If there is noncompliance with one or more of the provisions contained herein, the City Director of Parks and Recreation may give Lessee written notice to cure or begin curing the default(s) within thirty (30) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the City Director of Parks and Recreation within thirty 6 (30) days of receiving said notice, or if such noncompliance reasonably requires additional time if Lessee is not proceeding diligently with curing the default(s), the City Manager may terminate this Agreement for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. A Either City Manager or Lessee may terminate this Agreement without cause and without penalty at any time by giving thirty (30) days written notice to the non-terminating party. (C) In the event any permit issued to Lessee is expired or cancelled, this Lease automatically terminates without any further action of the City and Lessee must cease all operations at the Premises. Lessee may request and obtain reinstatement of this Agreement upon evidence of current permit status with written permission of the City Director of Parks and Recreation. Section 10. Surrender. Upon termination of this Agreement, Lessee shall return the Premises to City in as good condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any personal property remaining at the Premises at the termination of this Agreement may be removed and disposed by the City, with costs of removal and disposal to be paid by Lessee within 30 days of receipt of invoice. Section 11. Alterations. Lessee may not make any alterations, additions or improvements, to, in or about the Premises without prior written consent of the Parks Director. All approved alterations, improvements, and additions made by Lessee upon the Leased Premises, although at Lessee's expense, shall become the property of the City in fee simple without any other action or process of law at the end of this Agreement. Section 12 Tax. Lessee shall be responsible for timely payment of all taxes, special assessments, or levies, if any, assessed during the term of this Agreement, against or relating to this Agreement, the Premises or Improvements, including ad valorem taxes pursuant to the Texas Property Tax Code, throughout term of this Agreement. Lessee shall be responsible to timely collect and remit any applicable sales taxes. Lessee must provide proof of payment upon request of Parks Director. Section 13. Assignment and Subleasing. Lessee must not assign, encumber or sublease this Agreement, without prior written consent of the City Manager. Any attempted assignment or sublet without prior written consent renders this Agreement void. 7 Section 14. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. Lessee shall provide the Director at least 30 days to consider Lessee's requested signage. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Agreement. Section 15. Advertising. The Director has the right to prohibit any advertising by Lessee which impairs the reputation of the Premises or the City. Section 16. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Agreement. Section 17. Inspection. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Agreement. If an inspection reveals that maintenance is not being properly carried out, the Director, or his designee, may provide written notice to Lessee demanding compliance. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10%) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Agreement. Alternatively, the City may elect to terminate this Agreement after ten (10) days written notice to Lessee. Section 18. Non-Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. shall be responsible to ensure that all passengers comply with applicable safety precautions established by the helicopter manufacturer. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government permits,8 laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Agreement. This Agreement is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Agreement will be brought in Nueces County where this Agreement was executed and will be performed. (C) Lessee shall immediately provide Parks Director with copy of any claim or notice of violation received from any Federal, State or local government agency. Section 20. Costs. Noncompliance with the terms herein may result in termination of this Agreement and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. Indemnity. Lessee covenants to fully defend, indemnify, save, and hold harmless the City of Corpus Christi, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims), or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, (1) the existence, use, operation, maintenance, alteration, or repair of Premises; (2) Lessee's operations or use at or from the Premises; (3) the exercise of rights under this Agreement; (4) any act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business related to, the Premises, Lessee, or the Lessee's business at or from the Premises; (5) any act or omission, negligence or misconduct of any other person whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its 9 Improvements pursuant to this Agreement, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (5) due to any of the hazards associated with helicopter tours, as a spectator or participant, and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Agreement, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Agreement, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit F, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on ExhibitF constitutes grounds for termination of this Agreement. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit F, to the Director and Risk Management or designee prior to commencing use of the Premises under this Agreement. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Agreement, provide copies of all insurance policies to the City Manager or the Director upon written request.. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management. (F) Lessee owns all automobile vehicles used in its operations at the Premises. Lessee agrees to notify City Risk Manager prior to utilizing any hired, leased, rented or non-owned vehicles so that the insurance exhibit may be updated. 10 Section 23. Furniture, Fixtures and Eguipment. City has no responsibility to furnish any equipment or furnishings for Lessee. Parks Director retains right to approve all furnishings, and fixtures that may be installed in the Premises, prior to installation. At end of the Agreement, any property remaining on the Premises shall revert to the City for the City's use or disposal. Section 24. Director's Ri ht to Access Premises. Lessee shall provide Parks Director with keys to the Premises and a current contact list in event of emergency. Parks Director and designee have right to enter the Premises during regular hours of operation or at anytime in an emergency. Section 25. Appropriations. Lessee recognizes that the continuation of any expenditure by the City, after the close of any fiscal year of the City, shall be subject to appropriations and budget approval providing for such expense as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. Section 26. Warranty of Title. City does not warrant its title to the Premises. This agreement and the rights and privileges granted Lessee in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Section 27. Notices. All notices, demands, requests, or replies provided for or permitted, under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; or, (3) by deposit with an overnight express delivery service, for which service has been prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. All such communications must only be made to the following: IF TO CITY IF TO LESSEE: City of Corpus Christi Espejo Helicopters, LLC Attn; Director of Park & Recreation Attn: President P. O. Box 9277 101 N. Shoreline Corpus Christi, TX 78469-9277 Corpus Christi, TX 78401 (361) 8801-3461 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. 11 Section 28. Amendments. No alterations, changes, or modifications of the terms of this Agreement nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. The City Manager is authorized to execute amendments which do not change the essential purpose of this Agreement. Section 29. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Agreement shall not be considered an estoppel against the City. It is expressly under- stood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Agreement on account of said default. Section 30. Force Ma'eure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of Gott or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 31. Acceptance of Premises.Disclaimer. A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS, AS MAY EXIST ON THE PREMISES, AND THAT NEITHER CITY NOR ANY EMPLOYEE OR AGENT OF THE CITY, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. Page 12 of 37 B. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO PUT THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. THIS LEASE IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS AND OTHER MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE PREMISES. D. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE EFFECTIVE DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. E. LESSEE ASSUMES FULL RESPONSIBILITY AND COST TO OBTAIN NECESSARY ZONING AMENDMENT PRIOR TO LESSEE'S USE OF THE PREMISES F. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Section 32. Publication. Lessee agrees to pay the cost of newspaper publication of this Agreement and related ordinance as required by the City Charter. Section 33. Captions. The captions in this Agreement are for convenience only, are not a part of this Agreement, and do not in any way limit or amplify the terms and provisions of this Agreement. Section 34. Severability. Page 13 of 37 A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 35 Disclosure of Interests. Licensee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract- Licensee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Licensee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index Section 36. Com taint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any customer, participant or spectator has any complaints or concerns they may contact the City at 880-3461 and talk to the Parks Director, or designee. Executed in duplicate originals on the day of , 2018. ATTEST: CITY OF CORPUS CHRISTI By.- City y:City Secretary City Manager Page 14 of 37 LESSEE: By: Name- �0/405 _ e fes. Title: Date: �&/j alt , STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of Avvii , by J QMA4 as the OWN, /y for Espejo Helicopters, LLC, a Texas limited liability corporation, on behalf of the corporation.Notary Public, State of Texas: f jJ Printed Name: _ Gte. PW)A ev6 Dl(1 ava�e,, LANAE ANDERSON ix° Vin=Notary Put7)ic, Staie of Taxes Commission expires- ICS = y= 2�•. .:v, CQMM. Expires os•15-7027 ° OiH �, Notary )D 13724624 Page 15 of 37 Exhibit A U.S.Department of Transportation 14 CFR Part 91 Operations Federal Aviation Administration Letter of Authorization Sgmrnary-of Authorizations The operator,in accordance with the reference documents,is authorized to: Reference Paragraphs Conduct commercial air tour operatiom under 14 CFR Section 91.147, A049 HQ cont,ot. 0$/31/2004 HQ Revision- 000 This Waiver or Authorization is Issued by the Federal Aviation Administration and approved by direction of the Administrator. Digitally signed by Randolph P Loveless,Manager(SW17) > :[1]EFFECTIVE DATE.31.30:2017,[2]A-MEN1 16MENT#:0 DATE:2017.08.30 09:48:20-05:00 1 hereby accept and receive this Waiver or Authorization. � s Ga `,Thomas A.,Jr_,Resp Pers-Air Tours Bus.tvi-nt Date Espejo Helicopters A004--1 Part 91 ID No.:TZBJSW17 Arndt.No.: 0 Page 16 of 37 Exhibit A cont. U.S. Department of Transportation 14 CFR Part 911 Operations Federal Aviation Administration Letter of Authorization Commercial Air Tour Operations Authorization and Antiiiruu and Alcohol Misuse Prevention Program Registration 1. The operator, Espejo Helicopters,that is documented at the end of this Letter of Authorization (LOA);is authorized to conduct commercial air tour operations under Title 14 Code of Federal Regulations(CFR)Section 91.147 in.accordance with the limitations and provisions of this LOA and is subject to the condition that all operations are conducted within the applicable airspace. The operator is authorized to use only the business name which appears in subparagraph I.,above,to conduct the commercial air tour operations described in this authorization. ? Authorized Aircraft.The aircraft used for Section 91.147 commercial air tour operations are listed in Table 1 below: "I'abie l—Aircraft Authorized for Commercial Air Tour Operations Under Section 41.147 Aircraft MAWS Aircraft Registration No. R-44-44 id8g3Ph3 3. The commercial air tour operator has the.following agreements with other parts of the FAA including air traffic or associations outside of the FAA_ The documentation of these agreements below does not imply nor require that the agreements are authorized by the Flight Standards principal inspector.(If there are no agreements,enter NIA in Table 2.) Table 2-Agreements with tither Parts of the FAA or Associations outside ofthe FAA Kind of or Description of Agreement I FAA or other Association ;A N!A 4. Antidrug and Alcohol Misuse Prevention Program Registration. The operator certifies that it will comply with the requirements of 14 CFR Part I20 and 49 CFR Part 40 for its Antidrug Testing and Alcohol Misuse Prevention program. Antidrug and Alcohol.Misuse Prevention Program records are maintained and available for inspection by the FAA's Drug Abatement Compliance and Enforcement Inspectors at the location listed in Table 3 below(This should be the compai y location where the DrugAbaiement Compliance and Enforcement Inspectors will conduct the inspection and not the consortiatrrr, lab, or third party administrator): Table 3-Registration and Record Location for the Antidrug and Alcohol Misuse Prevention Program Registration Location of Antidrug and Alcohol Misuse Telephone Number: Prevention Program Records: Espejo Helicopters A049-1 Part 91 ID No.:J2$JSW17 Arndt_No.: 0 Page 17 of 37 Exhibit A cont. of Traneportationt 14 CFR Part 91 Operations Federal Aviation Administration Address: Analytical Testing (361)289-8222 Address. 2204 north Padre lsiund Drive STE 0 city, Corpus Christi Stater TX Zip code:78408 (a) ;ill.-uitidrug and Alcohol Misuse PrexTrition Program inspections,,guidance and enforcement activitv will be conducted exclusively by the Drug Abatement Division of the FAA, All questions regarding this program should be directed to the Drag Abatement Division_ (b) The operator trust implement its Antidrug and Alcohol Misuse Prevention Program fully in accordance with 14 CFR,Part 120 and 49 CFR Part 40. (c) The operator is responsible for ensuri_�g that its contractors who perform safety-sensitive v,,ork for the operator are subject to an Antidrug and Alcohol Misuse Prevention Program. (d) The operator is responsible for updating this registration when any of the following changes Qccur: (1) Location or phone number where the Antidrug and Alcohol Misuse Prevention Records are kept. (2) If the operator's number of safety-sensitive employees goes to 50 and above,or falls below 50 safery-sensitive employees. (e) The operator with 50 or more employees performing a safety-sensitive function on January 1 of the calendar year roust submit an annual report to the Drug Abatement Division of the FAA. The operator with fewer than 50 employees performing a safety-sensitive function on January 1 of any calendar year trust submit an annual report upon request of the Adrninistrato;as specified in the regulations. (fj The operator has fewer than 50 safety-sensitive employees. 5. Responsible Person. The Responsible Person for commercial air tour operations may be either an agent for service(who roast be a D.S.citizen)or a person who accepts responsibility for complying with the stated regulations by signing this document. (a) if the Responsible Person signing this LOA relinquishes responsibility,this LOA becomes invalid. (b) Enter the name,a mail address,and telephone nurnber in Table 4 of the person responsible for the management of the business and the person responsible for the aircraft maintenance. Table 4-Res pztsibleParsnns Name Responsibility -mail Address3 eiepltone Rutter Wade,Bryan C_ Aircraft Maintenance czlebCaespejohelicrpters.com 575-302-0386 Espejo Helicopters A049-2 Parc 91 ID No.:JZBJSWl7 Arndt.No.: 0 Page 18 of 37 Exhibit A cont. u_ . Department T of Transportation 14 CFR part 91 Operations Federal Aviation Administration Name Responsibility E-mail:address Telephone Number ate5,T omas A.,lr. huslncss ranagementtgate5 7?a�gmal.Coll) 17-2L x7 6. If the operator conducts ovel-fiights of National Parks andior Abutting Tribal Lands in its commercial air tour operations per 14 CFR Section 136.37 that requires specific authorization, LOAIOpSpec B057 must also be issued. HQ Control: 07/1712009 HQ Revision: 01a This Waiver or Authorization is Issued by the Federal Aviation Administration and approved by direction of the Administrator. Digitally signed by Randolph P Loveless,`Manager(SW 17) [l1 EFFECTIVE DATE:8!30,2017.. [21 AMENDMENT 9:0 ; .. DATE:2017.08.30 09:49:33-05:00 i I hereby accept and receive this Waiver or�Authorization. f7 Gates Thomas A.,Jr.,Resp Pers.Air Tours Bus.Mini Date Espejo Helicopters A049-3 Part 91 ID No.:JZBJSW 17 Arndt.No.: 0 is F ! 1 f, Is u ■ y i w r .a f@ e Temporary Business Operation Page 21 of 37 EXHIBIT D 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 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 Engineering, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence I. 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 UMBRELLA/EXCESS LIABILITY $1,000,000 Per Occurrence 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. Page 22 of 37 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 fallowing 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 (S) 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 Page 23 of 37 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. 1. 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 Legal Dept. - Construct, Operate and Maintain a Helicopter Takeoff and Landing Facility Water's Edge Bayfront Park—Old City Hall Site 01/22/2018 sw Risk Management Revised 3/27/2018 Page 24 of 37 EXHIBIT E CORPUS CHRISTI INTERNATIONAL AIRPORT CITY OF CORPUS CHRISTI Application for VTOL Aircraft Operating Permit For the consideration of this operating permit I agree to waive all claims against the City of Corpus Christi, the Department of Aviation, and their officers, agents or representatives for any property damage or personal injuries of any kind, including those caused by negligence, which may occur during the operation of the aircraft listed below from the proposed operating base. The Corpus Christi International Airport and the City of Corpus Christi do not maintain and inspect any areas outside of the Air Operations Area of the Corpus Christi International Airport to FAR Part 139 standards. I hereby acknowledge that I have coordinated the operation of the VTOL aircraft with the FAA Air Traffic Control Tower and that the aircraft will be operated in compliance with applicable FAA regulations. I hereby release and agree to indemnify and hold harmless the City, Department of Aviation, and its officers, agents or representatives from any and all action, causes of actions, claims, demands, costs or damages arising from or resulting from property damage arising from or resulting from property damage, personal injuries or death which may occur during the operation of the above aircraft. In accordance with chapter 9 of the City of Corpus Christi Code of Ordinances the following individual/organizational entity herein applies for VTOL Aircraft Operating Permit: 1. Name/DBA: Espejo Helicopters, LLC 2. Name of Principle Owner/Operator: Thomas A. Gates, Jr. 3. Address: 101 N. Shoreline Blvd., Ste. 400 Corpus Christi, TX 78401 4. Telephone: 361-500-4981 5. Date and Time of VTOL Aircraft Operation: 6. Location of Proposed VTOL Aircraft Operation: 7. Approach and Departure Paths: 8. Applicant's Coordination with Air Traffic Control: Page 25 of 37 9. Applicant's Security Plan: 10. Fueling Plan: 11. Proof of Insurance: 12. Purpose of VTOL Aircraft Operation: Signature of Applicant Date I have reviewed the above Application for VTOL Aircraft Operating Permit and approve deny the permit for the period of Signature of Airport Director Date Reason for Denial: Page 26 of 37 EXHIBIT F LESSEE'S INSURANCE TO CONDUCT ITS OPERATIONS AT THE PREMISES 2 STARR CO41PAN IFi !zs�i.x,rs�ez:xassvcx: 3353 Peachtree Road NE.Suite 10M Atlanta,GA 30328 Certificate of Insurance Certificate Holder: CITY OF CORPUS CHRISTI ATTN_ RISK MANAGER P.O. BOX 9277 CORNUS CHRISTI,TX 78469--9277 Named Insured: ESPEJO HELICOPTERS, LLC 101 N. SHORELINE PLVP SUITE 400 CORPUS CHRISTI TX 78401 Policy Period: From MAY 7, 2017 To MAY 7, 2018 Policy Number: 1000318556-02 Issuing Company: STARR INDEMNITY &LIABILITY COMPANY This is to certify that the policy(iesl listed herein,have been issued providing coYeralle for the listed insured as further described. This certificate of,insurarsce is not an insurance and does not amend,extend,or after the coverage afforded by Ilse polioyy(iesl fisted herein. Notwithstanding any requirement,term or=liars of any contract,or other document with respect to which this cer6frcate of insurance rrl be cog.noerned or may pertain,the Insurance afforded By the policAies)listed on this catty c*e is subject to all the terms.exclusions, Aviation Commercial General Liability Limits of Insurance Each Occurrence Limit 11 5.000,000. Damage to PrerYiiaes Rented to You Limit $ 100,OW- Any one premises Medical Expense Limit S 3,000. Any one person Personal&Advertising Injury Aggregate Limit $ 5.000,000. General Aggregate Limit 0 51000,000, ProductslCornpleted Operations Aggregate Limit $ 51000.000. Hangarkeepers Limit Each Aircraft Limit t NOT COVERED Each Loss Limit $ NOT COVERED Hangarkeeper's Deductible $ NOT APPLICABLE Each Aircraft FOR FURTHER INFORMATION SEE STARR FORMS 10060. 10466 AND 10134. THE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED AS RESPECTS THE OPERATIONS OF THE NAMED INSURED. THE CERTIFICATE HOLDER IS PROVIDED A WAIVER OF SUBROGATION AS RESPECTS THE ABOVE REFERENCED AIRCRAFT. THE INSURANCE EVIDENCED TO THE CERTIFICATE HOLDER BY THIS CERTIFICATE OF INSURANCE IS PRIMARY AND NON CONTRIBUTORY TO ANY OTHER INSURANCE AVAILABLE TO THE CERTIFICATE HOLDER. THE COMPANY AGREES TO PROVIDE THE CERTIFICATE HOLDER WITH THIRTY (30) DAYS [TEN (10) DAYS IF FOR NON-PAYMENT OF PREMIUM] NOTICE OF CANCELLATION IF MADE BY THE COMPANY. Certificate Number. 3.1 Issued By and[Gate: MARCH_ 9. 2018 (CC) By Starr 10058 (6106) F (AUMrized Representative) Page 27 of 37 ADDITIONAL,INSURED-DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Persons or pr anization s CITY OF CORPUS CHRISTI ATTN: RISK MANAGER P_O. BOX 9277 CORPUS CHRISTI, TX 78469-9277 information required to complete this Schedule, if not shown above. will be Shown in the Declarations, SECTION! II - WHO IS AN INSURED is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury". "property damage" or 'personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting an your behalf: A. In the performance of your ongoing operations,or S. In connection with your premises owned by or rented to you. All other provisions of this policy remain the Same_ This endorsement becomes effective MARCH 8, 2018. to be attached to and hereby made a part of: Policy No. 1000318566-02 Issued to ESPEJO HELICOPTERS, LLC By STARR INDEMNITY & LIABILITY COMPANY Endorsement No, 22 — Date of Issue MARCH 9, 2018 JCQ By 411-9— (Authorized Representative) Starr 10060 (2106) Page 28 of 37 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This policy is amended as follows: With the respect to the following scheduled persons or organization,, all coverages shall be primary and non-cantributory with respect to any other insurance policies geld by the following scheduled persons or organizations. Schedule: CITY OF CORPUS CHRISTI ATTN: RISK MANAGER P.O_ BOX 9277 CORPUS CHRISTI.TX 78469-9277 All other provisions of this policy remain the same. This endorsement becomes effective MARCH 8. 20183 Xo be attached to and hereby made a part of: Policy Na. 1000316364-03 Issued to ESPEJO HELICOPTERS LLC By STARR INDEMNITY& LIABILITY COMPANY Endorsement No. 24 Gate of Issue ItiAARCB-1 9, 2018 (CC) By (Authorized Representative) Starr 10466 W07i Page 29 of 37 41 STARR r rrASTV" 3353 PeachRoad NE.Suite JOW #tlartia,GA 313328 Certificate of Insurance Certificate Holder: CITY OF CORPUS CHRISTI ATTN: RISK MANAGER P.O. BOX 9277 CORPUS CHRISTI TX 7$469-9277 Named Insured: ESPE.JO HELICOPTERS. LLC 101 N. SHORELINE BLVD p�/,��.UITE 400 CORPUS CHRISTI, TX 78401 Policy Period: From APRIL 17 2017 To APRIL 17, 2018 Policy Number: 1000316364.03 Issuing Company: STARR INDEMNITY 8s LIABILITY COMPANY is is too at apo ocy res eresn ave n issu pra Ing coveragr tor a hst insuredas r +s certificate of insurance is oat an insurance policy and does oat amend,extend,or alter Rfa coverage afforded by the poticy�Vies)listed herein. !Notwithstanding any requirement,term or condition of any co or other document with respect to=this certi�Cate of insurance ma be concerned or may.pertain,the Insurance afforded by the sglies)listed on this certificate is subject to all the terms,exciuseons. Q'llndition%of such Aircraft: Reg Deductibles Year Make and Model No Insured Value NIM I IM Liability 2001 ROBINSON R44 RAVEN N883PM$320,000. 100015% $1.000,000. CSL INCLUDING PAX 2010 ROBINSON R22 BETA II N122CH 5209.600. 100015°0 911000=0. CSL INCLUDING PAX 2008 ROBINSON R44 N759K t27Q,Q0Q, 1000is% S1rOtXJ.000. C`-+L INCLUDING PAX J v Y FOR FURTHER INFORMATION SEE ATTACHED STARR FORM 10284, 10277 AND 104€6. THE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED AS RESPECTS THE OPERATIONS OF THE ABOVE REFERENCED AIRCRAFT_ THE CERTIFICATE HOLDER IS PROVIDED A WAIVER OF SUBROGATION AS RESPECTS THE ABOVE REFERENCED AIRCRAFT- THE INSURANCE EVIDENCED TO THE CERTIFICATE HOLDER BY THIS CERTIFICATE OF INSURANCE IS PRIMARY AND NON CONTRIBUTORY TO ANY OTHER INSURANCE AVAILABLE TO THE CERTIFICATE HOLDER. THE CERTIFICATE HOLDER WILL BE PROVIDED WITH THIRTY (30) DAYS[TEN 110) DAYS IF FOR NON-PAYMENT OF PREMIUM)NOTICE OF CANCELLATION OR MATERIAL CHANGE. Certificate Number: 5.1 Issued By and Date: MARCH 9, 2018 ICC1 BY Starr 10200 (6/06) ( arized Representative) Page 30 of 37 WAIVER OF SUBROGATION In consideration of additional premium of $ INCLUDED . this policy is amended as follows: The Company hereby waives its right of subrogation against the following provided,however, that this waiver shall not prejudice the Company's right of recourse for damages arising from the design, manufacture, modification repair, sale or servicing of the aircraft by the following: This Waiver of Subrogation shall apply_ ONLY AS RESPECTS TO LOSS OR DAMAGES ARISING UNDER PHYSICAL DAMAGE COVERAGES AS SET FORTH UNDER THIS POLICY. CITY SOF CORPUS CHRISTI ATTN: RISK MANAGER P.O. BOX 9277 CORPUS CHRISTI,TX 78465'9277 All other provisions of this policy remain the same. This endorsement becomes effective MARCH 8. 2018 to be attached to and hereby made a part of: Policy No, 1000316364-03 Issued to ESPEJO HELICOPTERS, LLG By STARR INDEMNITY&LIABILITY COMPANY Endorsement Nes. 23 Date of Issue_ MARCH S, 2018)CC) BY (Authorized Representative) Starr 10277 (3106) Page 31 of 37 ADDITIONAL INSURED ENDORSEMENT This,policy is amended as follow,: The provisions of this endorsement shall apply with respect to: ALL SCHEDULER AIRCRAFT. {Only the clause(s)indicated by an "X" shall apply,) ❑ The scheduled persons or organizations are included as additional insured. The scheduled persons or organizations are the registered owner of and are included as additional insured_ The scheduled persons or organizations are included as additional insured but only as respects liability coverages. The scheduled persons or organizations are included as additional insured under liability coverages, but only as respects operations of the named insured. ❑ The scheduled person::or organizations are included as additional insured but only as respects operations of the named insured. The insurance extended by this endorsement shall not apply to, and no person or organization named in the schedule shall be insured for bodily injury or property damage :which afises from the design, manufacture. modification, repair, sale. or servicing of aircraft by that person or organization. Schedule: Name CITY OF CORPUS CHRISTI Address ATTN: RISK MANAGER P-O. BOX 9277 CORPUS CHRISTI, TX 78469-9277 Name Address Name Address All other provisions of this policy remain the same. This endorsement becomes effective__ MARCH 8, 2018 to be attached to and hereby made a part of: Policy No, 1000316364-03 Issued to ESPEJO HELICOPTERS LLC By STARR INDEMNITY & LIA131LITY COMPANY Endorsement No. 22 Date of Issue MARCH 9. 2418 (CC) By� •����!-�^ (AULhQnzed tiepresentatdve) Starr 10234(3106) Page 32 of 37 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This policy is amended as follows: With the respect to the fallowing scheduled persons or organizations, all coverages shall be primary( and non-contributory with respect to any other Insurance poftcles held by the following scheduled persais or organizations. Schedule: CITY OF CORPUS CHRISTI ATTN:RISK MANAGER P.O_ BOX 9277 CORPUS CHRISTI,TX 78469-9277 All other provisions of this policy remain the same. This endorsement becomes effective MARCH 8, 2018 to be attached to and hereby made a part of: Policy No. 1000318556-02 Issued to _E-SPEJO HELICDPTERS.LLC By STARR INDEMNITY& LIABILITY COMPANY Endorsement No. 23 Date of Issue MARCH_9, 2018{CC} 8y— (Authorized Representative) Starr 10466(6107) Page 33 of 37 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: CITY OF CORPUS CHRISTI ATTN. RISK MANAGER P.O. BOX 9277 CORPUS CHRISTI,TX 78469-9277 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Ot Recovery Against Others To Us Condition {SECTION IV •COMMERCIAL GENERAL LIABILITY COfl DffIOfNSI is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we male for injury or damage arising out of your ongoing operations or "your work" done under a contract with that pefson or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All other provisions of this policy remain the same. This endorsement becomes effective MARCH 8. 2018 to be attached to and hereby made a part of: Policy No. __IQpp318556-02 Issued to ESPI_JO HELICOPTERS, LLC _ By STARR INDEMNITY & LIABILITY COMPANY Endorsement No_ 24 Bate of Issue MARCH 9. 2018(CC) By (Authorized Representative) Starr 10 134(21106) Page 34 of 37 AMENDMENT OF LIMITS OF INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits of Insurance General Aggregate Limit $ ProductsiCompieted Operations Aggregate Limit S. 5,000,OOtI. "Personal and Advertising Injury" Aggregate Limit S 5,000,000, Each "Occurrence" Limit S Damage To Premises Rented To You Limit --__- _ Any one Premises Medical Expense Limit w Any one person Hangarkeeper's Liability Coverage Each "Aircraft" Limit Each "Loss" Limit Hangarkeeper's Deductible v Each "aircraft" (If no entry appears above, information rewired to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The limits of insurance shown in the Declarations are replaced by the limits designated in the Schedule or in the Declarations as subject to this endorsement with respect to which an entry is made. IT IS AGREED THAT FOR AN ADDITIONAL PREMIUM OF $157.00 PRODUCTSiCOMPLETED OPERATIONS AND PERSONAL INJURY COVERAGES SHALL BE ADDED AS RESPECTS THE CONTREACT WITH THE CITY OF CORPUS CHRISTI ONLY. All other provisions of this policy remain the same_ This endorsement Domes effective MARCH B. 2018 to be attached to and hereby made a part of: Policy No_ 1000318556-02 Issued to ESPEJO HELICOPTERS LLC By STARR INDEMNITY & LIABILITY COMPANY Endorsement No. 25 _C — Date of Issue MARCH 9, 2018 (CC) By (Authorized Representative) Starr 10074 12/06) Page 35 of 37 EXHIBIT F INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Lessee must not allow any subLessee,to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Utilities Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Aircraft Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, Aircraft Liability 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 change Per occurrence - aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including. $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability S. Independent Contractors 6. Personal Injury- Advertising Injury Combined Single Limit Aircraft Liability $1,000,000 Per Occurrence (Smooth Limit or Level Limit Combining S2,000,000 Aggregate Public Liability and Passenger Liability) WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Page 36 of 37 Employers Liability $500,0001$500,0001$500,000 C. In the event of accidents of any kind related to this contract, Lessee 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, Lessee 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 Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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. Lessee 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. Lessee 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; Page 37 of 37 • 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee'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 Lessee'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 Lessee to stop work hereunder, and/or withhold any payment(s)which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee'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 Legal Dept. Commercial Air Helicopter Tours—Water's Edge Bayfront Park—Old City Hall Site 01/22/2018 sw Risk Management mus c� �o a o AGENDA MEMORANDUM NCORPORPE 1852 Public Hearing and First Reading for the City Council Meeting of June 12, 2018 Second Reading for the City Council Meeting of June 19, 2018 DATE: May 15, 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 6665 Lipes Boulevard (Requires 3/4 vote) CAPTION: Case No. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. PURPOSE: The purpose of this item is to allow for the construction of a multifamily apartment complex. RECOMMENDATION: Planning Commission and Staff Recommendation (March 21 , 2018): Approval of the change of zoning from "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: This item was previously heard by the City Council for 1St Reading/Public Hearing on March 24, 2018. Subsequently, the City Council voted to deny the change of zoning. On May 8, 2018, City Council voted to reconsider the case. The case is considered controversial as the City has received 35.05% opposition. Approval will require a super- majority vote. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and was previously planned for medium density residential uses. The requested rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use map when adopted. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District to the "RM-1" Multifamily 1 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Dorsal Development, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, February 21, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District and on Tuesday, June 12, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Dorsal Development, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being a 10.642 acre tract of land, more or less, a portion of Lots 3 and 4, Section 21, Flour Bluff and Encinal Farm and Garden Tract, located on the south side of Lipes Boulevard, east of Cimarron Boulevard and west of Bronx Avenue (the "Property"), from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District (Zoning Map No. 043031), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0218-01 Dorsal Development, LLC\Council Documents\Ordinance_0218- 01_Dorsal Development, LLC.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza 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 K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0218-01 Dorsal Development, LLC\Council Documents\Ordinance_0218- 01_Dorsal Development, LLC.docx Page 3 of 3 i MURRAY SASS, JA., P.£„1t.KLS. 3054 S. ALAMrDA, ZIP 78404 NIXON M. WELSH, RE,R.P.LS. 361 882-5521— FAx 361 882-1265 www.6acs-xc1sh.com a-mail: murra rfu aol.com c-marl: n_ixmsv ii aol.curtt BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 September 5,2015 15053-M&B-Zoning.doe State of Texas County of Nueces Description of an 10.642 acre tract of land,more or less,a portion of Lots 3 and 4,Section 21,Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 —43, Map Records, Nueces County, Texas, and also being a portion of a 12 acre tract of land described by deed, Doc. No. 2012032200,official records of said county,.said 10.642 acre tract as further described by metes and bounds as follows BEGINNING at the point of intersection of the southwest right-of-way line of Lipcs Boulevard and the northwest boundary line of said 12 acre tract for the northernmost corner of the tract herein described; THENCE S61600'00"E 394.17' along said southwest right-of-way line of Lipes Boulevard,being along a line 20.00'southwest of and parallel to the center line of said Lipes Boulevard,the common boundary line of said Lots 3 and 4,Section 21 and Lots 30 and 29,Section 20,said Flour Bluff and Encinal Farm and Garden Tracts, to a point for the easternmost corner of the tract herein described in the southeast boundary line of said 12 acre tract THENCE S28056'40"W 1176.09' along said southeast boundary line of 12 acre tract to a point for the southernmost corner of the tract herein described in the northeast boundary line of a city drainage right-of- way; THENCE N61°00'00"W 394.17'along said northeast boundary line of city drainage right-of-way to a point for the westernmost corner of the tract herein described in said northwest boundary line of 12 acre tract; THENCE N28°56'40"E 1176.09' along said northwest boundary line of 12 acre tract to the POINT OF BEGINNING,a sketch showing said 10.642 acre tract being attached hereto as Exhibit"B". OF let a�srjirRil`' • Nixon M.Welsh,R.P.L.S. •NIXON M.WELSH 2.211 t'';' 9URy EXHIBIT "Ai" Page 1 of I f 'AFS \<V fl 40" 3.0 Sic Sha• �f� / COT Op. RC1 2 � SFcT �� r,a� � / SON fOT / 29 QOM Q�� ry40 ry AZ 2 Q O� o .�? a 2 N , co 0 100' 200' 400` F< M SCALE, 1`= 200' EXHIUIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1 X200' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. N0, 100027-00. TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. 15053, SOLE: 1' - 200" PLOT SCALE: SAME. PLOT DATE. 09/05/15, SHEET 1 OF 1 PLANNING COMMISSION FINAL REPORT Case No. 0218-01 INFOR No. 18ZN1002 Planning Commission Hearing Date: March 21 , 2018 = Owner/Applicant: Dorsal Development, LLC. aLocation Address: 6665 Lipes Boulevard �._ Legal Description: Being a 10.642 acre tract of land, more or less, a portion of a N Lots 3 and 4, Section 21 , Flour Bluff and Encinal Farm and Garden Tract, located on the south side of Lipes Boulevard, east of Cimarron Boulevard and west of Bronx Avenue. From: "FR" Farm Rural District c To: "RM-1" Multifamily 1 District 'E s Area: 10.642 acres N Purpose of Request: To allow for the construction of a multifamily apartment complex. Existing Zoning District Existing Land Use Future Land Use Medium Density Site "FR" Farm Rural District Vacant and Residential and = Drainage Corridor Permanent Open Space 'E �' North "RS-6" Single-Family 6 Public/Semi Public Public/Semi Public io District _ South "FR" Farm Rural District Low Density Low Density Residential Residential "RS-6" Single-Family 6 Medium Density X East District Vacant Residential West "FR" Farm Rural District Agricultural/Vacant Medium Density Residential Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for medium M o density uses. The proposed rezoning to the "RM-1" Multifamily 1 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and a o warrants an amendment to the Future Land Use Map when adopted. Q Map No.: 043031 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 394 i 0 feet of frontage along Lipes Boulevard, which is designated as a "C3" Primary a N Collector Street. _ ca L Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume � O Lipes75' ROW 60' ROW Boulevard "C3" Primary Collector 50' Paved 25' Paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District to allow for the construction of a multifamily apartment complex. Development Plan: The subject property is 10.642 acres in size. The "RM-1" Multifamily 1 District allows a maximum density of 22 units per acre. The owner is proposing an apartment complex of a maximum of 234 apartment units. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District and consists of vacant land. The subject property was zoned "FR" Farm Rural in 1995 at the time of annexation. To the north is Veterans Memorial High School zoned "FR" Farm Rural District. To the south are vacant tracts zoned "FR" Farm Rural District. To the east are vacant tracts zoned "FR" Farm Rural District and previous rezonings in 2015 to the "CN-1" Neighborhood Commercial District and "RM-2" Multifamily District. To the west are vacant tracts zoned "RS-6" Single-Family 6 District and an existing subdivision (Airline Crossing Unit 2) zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RM-1" Multifamily 1 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and with the following policies, to warrant an amendment to the Future Land Use Map: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Staff Report Page 3 • Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • New high-intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low-intensity residential areas. (Southside ADP, Policy Statement B.7) Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC), to warrant an amendment to the Future Land Use Map. • A rezoning occurred on two properties to the west at the intersection of Lipes Boulevard and Cimarron Boulevard in 2015, from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District and the "RM-2" Multifamily 2 District. Planning Commission and Staff Recommendation (March 21, 2018): Approval of the change of zoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 8 within 200-foot notification area 5 outside notification area 0 As of February 16, 2018: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 1 inside notification area a — 0 outside notification area Totaling 35.05% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0218-01 Dorsal Development,LLC\Council Documents=Report_0218-01_Dorsal Development,LLC.docx CN-1 FR RM-2 Q' RS-6 5 � 0 3 1 SUBJECT � i�� JEC, PROPERTY FR 4 RS-6 � j" A. rRv ? 6 /z 7 Dates Cto ed:111112018 0 400 800 Prepay. .:Je`remyM Feet Department of Developmeni�Services CASE: 0218-01 P� y ZONING & NOTICE AREA P h RM-1 Multifamily 1 IL Light Industrial 4 RM-2 Multifamily 2 IH Heavy Industrial Ra RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay SUBJECT moo. ONMult Professional Office RS-10 Single-Family 10 PR�PER�TY RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family P�? v� CR-1 Resort Commercial RS-15 Single-Family 15 �� �0 CR-2 Resort Commercial RE Residential Estate p� CG-1 General Commercial RS-TH Townhouse �O CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial FM 2444 O RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay y BP Business Park Subject Property Owners with 200'buffer O in favor -----g \ City Of 4 Owners within 200'listed on X Owners �1 req-1 -----�___--�SO Cep Corpus attached ownership table vin opposition L�C„�I�N IYI„P —K Christi Persons with disabilities planning to - .-nd this meeting, who may require specia, -arvices, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con inca acidades clue tienen la intention de asistir a esta iunta y ctue requieren servicios esPeciales, se les suolica clue den.aviso 48 horas antes de la junta Ilamando al devartamento de servicios de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la iunta v su in4les es limitado, favor de Ilamar al d_eaartamento de servicios de desarrollo al numero (361) 826-3240 al mends 48 horas antes de la junta Para solicitar un interorete ser Presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0298-09 Dorsal Development, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the "RM-1" Multifamily 1 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being 10.642 acre tract of land, more or less, a portion of Lots 3 and 4, Section 21, Flour Bluff and Encinal Farm and Garden Tract, located on the east side of Flour Bluff Drive, south of Glen Oak Drive, and north of Caribbean Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. February 21, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name: r- � I{� -L.' r 1 in r Address: jf c 1 City/StateS��i ( ) IN FAVOR ) IN OPPOSITION e f �" Phone: 'a REASON: Signature SEE MAP ON REVERSE SIDE Case No.0218-01 INFOR Case No.: 18ZN1002 Project Manager.Andrew Dimas Property Owner ID:4 Email: andrewd2@cctexas.com U.S.POSTS>>PITNEY 80WES w .5 _ City of Corpus Christi Development Services Dept. r ZIP 78401 $ 000.47° P.O. Box 9277 1 �r�R 02 MY Corpus Christi,Texas 78469 0000340617FEB 09 2018 4 247600210040 AL DEVELOPMENT INC 24 W BAR LE DOC DR Corpus Christi,TX 78414 l}RS-0 246 I_ ic:13 a� f� e 'SUBJ C' PROPERTY FR RS-e { tiZ GR 1 •4 �Q Op 1 I n�4 *C _t q CASE: 0218-01 SUBJECT PROPERTY WITH ZONINGsubject k Roperry SUBJECT PIROPE7TY RY.1 RMm4m:1,1 l Llphl lRw3D/Y PY.T WRR.mIry] a "..T NewCrl RY1 Yumhmll,3 PUD Fl.Rll.d tons Dw owed., P......' d °RA4FT WRP.mP,FT RS-tP �.4. 1F 1P CR.f IrlpnCp.Ro.0 Commrcel.l Ria /ulpb-FReul, -. P3 Tf 3�n F wlyI1F CR1 R000n C=c C94 R!Tf T.o-FrRlly CR-1 RNbl Cr.rt41 R3-16 goo" ndyl{ CR7 bwrl Commo .Rl.l RE RHIWnll.liWl. �rlu. 'yam+ C0-1 R3•TN 14-.N-w Cod Wn.Hl Crnrn,ul V "'."'n" I CI Ylbn.b.Cm.m.Kl.l W R.ma0 [V.RRM ftm di - CPD DO.m Ro.mc.C.mm.rcYl CR.1 D&-d CRrr.rtrf RYR W~~� RRm. 1/VJ FR Fllm kw.t 01y of Busrn.°vanF iLOCATION_MAP_ pr�C4`14 C_'1_ 1�_,�,'�1..ff Il I • I 1 Zoning Case #0218-01 Dorsal Development, LLC. Rezoning for a Property at 6665 Lipes Boulevard City Council Presentation June 12, 2018 Aerial Overview Lim f � ,e O � � O � u Subject Property at 6665 Lipes Boulevard RM z f Vicinity Ma5p,-1 a P + 4 Fc�N Jc)OpenSt—tMap and``conirihutam, Creative Commons-Share Alike �y. T Ll--(CC-BY-SA) 3 Zoning Pattern 68(�f\IIoGl 99 eA/AfUleLl 99. ... 662199 y�A� - IL�SU+J�OVVOSII/511��0 `iLUSU�'I9oIVVo�IIII (�L�Lf�S pV`Jj LO/raf�0eG199 A-V 99 _ �� 86flMohl98 ��15����� Col n V�IONO I�I 660 99 �� IIII���6NO1�illllOLL�SS O��\5 6.6Lf�S��lJ99 C� X �a�o 'Pd 2017 Q Q 66n�o�99 �� m(M - 66Lf�SC�J��"149 7nJ' MOM 14v 2N O 69fII�SNN olllllofn1LS99 Q I f l 662R99 86�OOg� OL�� Public Notification 8 Notices mailed inside 200' buffer \R 5 Notices mailed outside 200' buffer RM / 6 Notification Area , Opposed: 1 (35.05%) / SUBJECT PROPERTY X M \ R9 In Favor: 0 5 Staff Recommendation Approval of the change of zoning from the "FR" Farm Rural District to the "RM-1 " Multifamily 1 District. Del Mar College — South Campus M u w i�w ... tr� rr,; `�► • ♦ trss www M�w�M �:'►,. t Genslerl�� _ �+ ALL PHASES COMPLETED 7 Airline Crossing Unit 2 — Preliminary 28 Manhattan Estates S approved Preliminary PI,I o &,(t 21 n' q O i � I Ditch 31 "—''x`y"— -- - - .... ..,. ..tee __:r,;:�,G-s�• DitCh 31 8 .,- rDSchools and Multifamily Li _ J�5 risz r UDC Requirements ItY- Buffer Yards: "RM-1"to "FR" Parcel developed second Setbacks: Street: 20 feet Side & Rear: 10 feet Rear: 2:1 Setback(height) * Parking: 1 BR—1.5 spaces/unit 2 BR—2 spaces/unit 3 w , 1 space/5 units—Visitors a. Landscaping, Screening, and Lighting NSR Standards s Uses Allowed: Single-Family Homes, Duplexes,Apartments, and Day Care �s�u Uses. dM Urban Transportation Plan SZ ° oanffnan� UnNO -� 1,556 ADTe 0 128 AM, 157 PM ® ogh ac-h(Dd e 4,898 ADT, " 63 AM, 8006 PNMT , 0 d Q _ Ie lei a � ISUBJECU pG30O pC�Q� J •' , � �� � .� H RM99 O© • r rr O 11 se O AGENDA MEMORANDUM NCORPORPSE 1852 Public Hearing and First Reading for the City Council Meeting of June 12, 2018 Second Reading for the City Council Meeting of June 19, 2018 DATE: May 15, 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 6502 and 6630 Agnes Street CAPTION: Case No. 0318-02 Hooten Family Trust A: Ordinance rezoning property at or near 6502 and 6630 Agnes Street from "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions. PURPOSE: The purpose of this item is to allow for the construction of a U.S.-to-Mexico gasoline and diesel fuel transshipment center with attached bulk storage terminal. RECOMMENDATION: Planning Commission and Staff Recommendation (April 18, 2018 Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is the wholesale storage and transfer of petroleum based products. The above ground fuel storage tanks are identified and limited based on the attached site plan. The tanks shall be no larger than 48 feet in height and 162 feet in diameter. No spherical tanks are permitted. 2. Fire Department Approval: Development of the Property, including the storage of fuels and blending agents, shall comply with all Fire Department requirements. 3. Storm Water Detention: The Owner shall construct and maintain any necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm and the drainage facilities shall remain completely dry between storms. 4. Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA and will need to file an Airspace Study (Form 7460) prior to obtaining building permits for each structure or tank or to the temporary location of potential aviation hazards such as construction cranes and equipment on site to determine any potential impacts to Corpus Christi International Airport. 5. Corpus Christi International Airport Hazards: a. Height: The Maximum height of structures shall comply with the City's most current conical surfaces map of Corpus Christi International Airport. b. Lighting: All lighting shall be shielded toward the site and shall not conflict with airport flight operations. Additionally, any parked train cars or engines must be parked far enough to the north of the Approach Light System so that the light plane is not impacted by the cars or engines. c. Rail Cars: A rail line parallel to Agnes Street (State Highway 44) is transitory in nature. Rail cars shall not park on the rail line within the defined Clear Zone of the Corpus Christi International Airport as per Department of Defense Instruction 4165.57 (AICUZ) SLUCM No. 41. d. Other Airport Hazards: No use or activity shall create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. The proposed access road is located in the Clear Zone. Transitory movement is allowed, however vehicles cannot park in the clear zone. 6. Landscaping and Screening: The Owner shall install and maintain landscaping of the Property along Hopkins Road. Within this landscape street yard, the minimum required landscaped area shall be 15% of the total street yard and the street yard shall be landscaped with plant material approved by Corpus Christi International Airport and listed in the UDC to achieve a minimum of 0.02 points per square foot of total street yard area. Landscape screening of parking lots and truck loading facilities within 100 feet of any street right-of-way shall be required in accordance with UDC Section 7.3.11. The proposed landscaping cannot use any plants that will be wildlife attractants. Advisory Circular 150/5200-33B states that wildlife attractants must be at least 10,000 feet from the airport perimeter. 7. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio (FAR) of 0.28 in Accident Potential Zone (APZ) - 1 and 0.56 in APZ-2. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance unless a complete building permit application has been submitted. In the case of a phased project, subsequent building permit applications shall be submitted within 18 months from the date of issuance of the Certificate of Occupancy or final approved inspections for the previous phase of the development. The Special Permit shall expire if the use is discontinued for more than six consecutive months. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: The Corpus Christi International Airport (CCIA) has an aviation and hazard easement within the subject property. Based on the language of the easement, rail cars are not allowed to park within the area of the easement and must be parked far enough to the north of the Approach Light System so that the light plane is not impacted by the rail cars or engines. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Corpus Christi Airport Area Development Plan formerly a part of the Port/Airport/Violet Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District is consistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0318-02 Hooten Family Trust A: Ordinance rezoning property at or near 6502 and 6630 Agnes Street from "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Hooten Family Trust A ("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 18, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions and on Tuesday, June 12, 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 Hooten Family Trust A ("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 145.15 Acre Tract of Land, comprised of portions of Tracts 1 and 2 of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7, Range VI, H. L. Kinney Sectionized Lands, as referenced in a Partition and Settlement Deed, recorded in File Number 320003, Volume 501, Page 228, Deed Records of Nueces County, Texas and a 91.36 Acre Tract of Land, being all of a 91.56 Acre Tract of Land as referenced in a Partition and Settlement Deed, recorded in File Number 320003, Volume 501, Page 228, Deed Records of Nueces County, Texas, located on the north side of Agnes Street (State Highway 44), west of Hopkins Road, and east of Bronco Road. (the "Property"), from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions (Zoning Map No. 054044), 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 Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is the wholesale storage and transfer of petroleum based products. The above ground fuel storage tanks are identified and limited based on the attached site plan. The tanks shall be no larger than 48 feet in height and 162 feet in diameter. No spherical tanks are permitted. 2. Fire Department Approval: Development of the Property, including the storage of fuels and blending agents, shall comply with all Fire Department requirements. 3. Storm Water Detention: The Owner shall construct and maintain any necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm and the drainage facilities shall remain completely dry between storms. 4. Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA and will need to file an Airspace Study (Form 7460) prior to obtaining building permits for each structure or tank or to the temporary location of potential aviation hazards such as construction cranes on site to determine any potential impacts to Corpus Christi International Airport. 5. Corpus Christi International Airport Hazards: a. Height: The Maximum height of structures shall comply with the City's most current conical surfaces map of Corpus Christi International Airport. b. Lighting: All lighting shall be shielded toward the site and shall not conflict with airport flight operations. Additionally, any parked train cars or engines must be parked far enough to the north of the Approach Light System so that the light plane is not impacted by the cars or engines. c. Rail Cars: A rail line parallel to Agnes Street (State Highway 44) is transitory in nature. Rail cars shall not park on the rail line within the defined Clear Zone of the Corpus Christi International Airport as per Department of Defense Instruction 4165.57 (AICUZ) SLUCM No. 41. d. Other Airport Hazards: No use or activity shall create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. The proposed access road is located in the Clear Zone. Transitory movement is allowed, however vehicles cannot park in the clear zone. 6. Landscaping and Screening. The Owner shall install and maintain landscaping of the Property along Hopkins Road. Within this landscape street yard, the minimum required landscaped area shall be 15% of the total street yard and the street yard shall be landscaped with plant material approved by Corpus Christi International Airport and listed in the UDC to achieve a minimum of 0.02 points per square foot of total street yard area. Landscape screening of parking lots and truck loading facilities within 100 feet of any street right-of-way shall be required in accordance with UDC Section 7.3.11. The proposed landscaping cannot use any plants that will be wildlife attractants. Advisory Circular 150/5200-33B states that wildlife attractants must be at least 10,000 feet from the airport perimeter. K:\DevelopmentSvcs\SHARED\Legistar\2018 CC Agenda Items\6-12-2018\Zoning\0318-02 Hooten Family Trust A\Ordinance_0318-02 Hooten Family Trust A.docx Page 2 of 4 7. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio (FAR) of 0.28 in Accident Potential Zone (APZ) - 1 and 0.56 in APZ-2. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance unless a complete building permit application has been submitted. In the case of a phased project, subsequent building permit applications shall be submitted within 18 months from the date of issuance of the Certificate of Occupancy or final approved inspections for the previous phase of the development. The Special Permit shall expire if the use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\Legistar\2018 CC Agenda Items\6-12-2018\Zoning\0318-02 Hooten Family Trust A\Ordinance_0318-02 Hooten Family Trust A.docx Page 3 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 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 K:\DevelopmentSvcs\SHARED\Legistar\2018 CC Agenda Items\6-12-2018\Zoning\0318-02 Hooten Family Trust A\Ordinance_0318-02 Hooten Family Trust A.docx Page 4 of 4 IN URBAN ENGINEERING ,lob No. 41316.B8.00 March 22, 2018 91.36 Acre Tract (Gross) 89.68 Acres (Net) STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 91.36 Acre Tract of Land, being all of Tract 3 of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7, Range VI, H. L. Kinney Sectionized Lands, shown by map, made by Blucher Engineering Co. dated January 1951, recorded in Volume 1, Page 49, Miscellaneous Map Records of Nueces County, Texas;same being all of a 91.56 Acre Tract of Land as referenced in a Partition and Settlement Deed, recorded in File Number 320003, Volume 501, Page 228, Deed Records of Nueces County, Texas;also being the same lands described as a 91.390 Acre Tract of Land,described in a Special Warranty Deed from The Frost National Bank,Independent Executor of the Estate of Charles Vartan Walker,deceased,to John P. Hooten, Trustee of the Hooten Family Trust, recorded in Document No. 2007061484, Official Public Records of Nueces County,Texas;the said 91.36 Acre Tract being more fully described as follows: Beginning at a 60d Nail Found, on the North Right-of-Way Line of a 100.00 Foot Wide Texas Mexican Railroad, for the Southwest corner of a 145.18 Acre Tract, described in a Deed Without Warranty from William D. Walker, Personal Representative of the Estate of Mazie P. Walker,et al to John P. Hooten,Trustee of the Hooten Family Trust A U/T/D May 4, 1984,recorded in Document No. 2014037242, Official Public Records of Nueces County, Texas,for the Southeast corner the said 91.390 Acre Tract,and this Tract; Thence, South 88°35'36"West,with the said North Right-of-Way Line,the south boundary line of Tract 3,of the said 456.80 Acre V.M. Donigan Partition,and the said 91.390 Acre Tract,730.59 Feet,to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX"Set,for the Southwest corner of this Tract,from Whence,a I Inch Iron Pipe Found,for the Southwest corner of Tract 5,of the said 456.80 Acre V.M. Donigan Partition, bears South 88°35'36" West, 1457.50 Feet; Thence,North 00°49'08"West,with the common boundary of Tracts 3 and 4,of the said 456.80 Acre V.M.Donigan Partition, the West boundary line of the said 91.390 Acre Tract, at 0.67 Feet,pass a 60D Nail Found, in all 5449.63 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX" Set, for the Northwest corner of this Tract, from Whence, a 1-114 Inch Iron Pipe Found,for the Northwest corner of the said Tract 4,of the said 456.80 Acre V.M. Donigan Partition,bears South 89°39'56" West,729.78 Feet; Thence, North 89°39'56" East, with the North boundary line of the said 91.390 Acre Tract, of the said 456.80 Acre V.M. Donigan Partition, 731.79 Feet, to a 1-1/4 Inch Iron Pipe Found, for the Northwest corner of an 18.80 Acre Tract of the said Tract 2 of the said 456.80 Acre V.M. Donigan Partition,described as Tract 11 in Special Warranty Deed from Corpus Christi National Bank to Basic Equipment Co.,recorded in Volume 2358, Page 892, Deed Records of Nueces County, Texas, for the Northeast corner of this Tract; Thence,South 00048'22"East,with the common boundary of Tracts 2 and 3,of the said 456.80 Acre V.M.Donigan Partition, at 1117.53 Feet,pass a 518 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX" Set, for the Southeast corner of the said 18.80 Acre Tract, in all 5435.95 Feet,to the Point of Beginning and, containing 91.36 Acres(3,979,537 Sq.Ft.)of Land,more or less. SAVE and EXCEPT a 1.68 Acre Tract of Land, described in Warranty Deed (with Mineral Reservation) from The Hooten Family Trust to the City of Corpus Christi,recorded in Document No.2012017673,Official Public Records of Nueces County, Texas. Gross Acreage 91.36 Acres and a Net Acreage of 89.68 Acres. S:1Surveying1413161B8001OFFICEIMETES AND BOUNDS1FN41316B800 20180322 91.36ACRES Xg.DocxPage 1 of OFFICE: (361)854-3101 2725 SWANTNER DR. *CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm# 145 a TBPLS Firm 4 10032400 Save and Exce t 1,68 Acres Fieldnotes, for a 1.68 Acre Tract of Land, out of Tract 3 of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7, Range VI, H. L. Kinney Sectionized Lands, shown by map, made by Blucher Engineering Co. dated January 1951, recorded in Volume 1, Page 49, Miscellaneous Map Records of Nueces County, Texas; said 1.68 Acre Tract being the same lands described in Warranty Deed(with Mineral Reservation)from The Hooten Family Trust to the City of Corpus Christi,recorded in Document No. 2012017673, Official Public Records of Nueces County, Texas; the said 1.68 Acre Tract being more fully described as follows: Commencing at a 60d Nail Found, on the North Right-of-Way Line of a 100.00 Foot Wide Texas Mexican Railroad, for the Southwest comer of a 145.18 Acre Tract, described in a Deed Without Warranty from William D. Walker, Personal Representative of the Estate of Mazie P. Walker,et al to John P. Hooten,Trustee of the Hooten Family Trust A UITID May 4, 1984, recorded in Document No. 2014037242, Official Public Records of Nueces County, Texas, for the Southeast corner a 91.390 Acre Tract of Land,described in a Special Warranty Deed from The Frost National Bank, Independent Executor of the Estate of Charles Vartan Walker,deceased,to John P.Hooten,Trustee of the Hooten Family Trust,recorded in Document No. 2007061484,Official Public Records of Nueces County,Texas; Thence, North 00°48'22" West, with the common boundary line of Tracts 2 and 3, of the said 456.80 Acre V.M. Donigan Partition, and the said 91.390 Acre Tract and 145.18 Acre Tract, 451.20 Feet, to a 518 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set, for the Point of Beginning and a comer of this Tract; Thence,over and across the said 91.36 Acre Tract and Tract 3 as follows: • South 88°38'28" West, 156.70 Feet, to a 518 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX" Set; • South 01°21'32" East, 404.34 Feet, to a 518 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX" Set,for the Southeast corner of this Tract; • South 88°38'28" West, 100.00 Feet, to a 518 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX" Set, for the Southwest corner of this Tract; • North 01021'32" West, 792.00 Feet, to a 5f8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set, for the Northwest comer of this Tract; • North 88°38'28" East, 65.00 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX"Set,for the Northeast comer of this Tract; • South 01°21'36" East, 57.00 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX"Set; • South 01°21'32" East, 290.66 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set; • North 88°38'28" East, 192.08 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set; S:1Surveying1413161B80010FFICEIMETES AND BOUNDS1FN4131613800_20180322_91.36ACRES Xg.DocxPage 2 of 3 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)$54-6001 www.urbanen .com TBPE,Firm# 145 •TBPLS Firm# 10032400 Thence,South 00°48'22"East,40.00 Feet,to the Point of Beginning and,containing 1.68 Acres(73,308 Sq.Ft.)of Land,more or less. 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 fieldnotes description,including preamble, seal and signature,appears in its entirety, in it original form, surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch of tract described he in. AEGGINErNf ` James D. Carr, R.P.L.S. DAMES„©AidlQ C> License No. 6458 645B SND S t1 NI S:1Surveying1413161B80010FFICEIMETES AND BOUNDS1FN41316B800 20180322_91.36ACRES_Xg.DocxPage 3 of 3 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE,Firm# 145 •TBPLS Firm# 10032400 04 URBAN ENGINEERING Job No. 41316.138.00 March 22, 2018 145.15 Acre Tract (Gross) 137.54 Acres (Net) STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 145.15 Acre Tract of Land, comprising of portions of Tracts 1 and 2 of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7, Range VI, H.L. Kinney Sectionized Lands,as referenced in a Partition and Settlement Deed, recorded in File Number 320003, Volume 501, Page 228, Deed Records of Nueces County, Texas; said 456.80 Acre V.M. Donigan Partition shown by map, made by Blucher Engineering Co. dated January 1951, recorded in Volume 1, Page 49, Miscellaneous Map Records of Nucces County, Texas, of which, said 145.15 Acre Tract encompassing a portion of Hopkins Road, an undedicated public roadway; said I45.15 Acre Tract also being the same lands described as a 145.18 Acre Tract of Land, described in a Deed Without Warranty from William D. Walker, Personal Representative of the Estate of Mazie P. Walker, et al to John P. Hooten, Trustee of the Hooten Family Trust A U/T/D May 4, 1984, recorded in Document No. 2014037242, Official Public Records of Nueces County, Texas; the said 145.15 Acre Tract being more fully described as follows: Beginning at a 60d Nail Found, on the North Right-of-Way Line of a 100.00 Foot Wide Texas Mexican Railroad, for the Southeast comer of a 91.390 Acre Tract of Land described in Special Warranty Deed from The Frost National Bank, Independent Executor of the Estate of Charles Vartan Walker, Deceased to John Paul Hooten, Trustee of The Hooten Family Trust,recorded in Document No.2007061484,said Official Public Records, for the Southwest corner of the said 145.18 Acre Tract,and this Tract; Thence, North 00°48122" West, with the common boundary line of Tracts 2 and 3, of the said 456.80 Acre V.M. Donigan Partition,the said 91.390 Acre Tract and 145.18 Acre Tract,4318.41 Feet,to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX"Set,for the Southwest comer of an 18.80 Acre Tract of the said Tract 2 of the V.M.Donigan Partition, described as Tract I1 in Special Warranty Deed from Corpus Christi National Bank to Basic Equipment Co.,recorded in Volume 2358,Page 892, Official Public Records of Real Property of Nueces County, Texas, and for the Northwest corner of the said 145.15 Acre Tract and this Tract, from Whence, a 1-112 Inch Iron Pipe Found, bears North 75°25'01" East, 2.09 Feet, also J from Whence,a 1-1/4 Inch Iron Pipe Found, bears North 00°48'22"West, 1117.53 Feet; 1 Thence,North 89'16106"East,with the South boundary line of the said Tract Il and an 18.75 Acre Tract of the said Tract 1 of the said 456.80 Acre V.M. Donigan Partition, described as Tract I in said Volume 2358,Page 892,Official Public Records of Real Property of Nueces County,Texas,the North boundary line of the said 145.18 Acre Tract and this Tract, 1469.07 Feet,to a 518 Inch Iron Rod Found, for the Southwest corner of Lot I-R, Block 2, Industrial Heights Section 2, a map of which is recorded in Volume 66,Pages 34-35,Map Records ofNueces County,Texas,the Southeast corner of the said 18.75 Acre Tract, and for the Northeast corner of the said 145.18 Acre Tract and this Tract; from Whence, a 518 Inch Iron Rod Found, bears North 89°15'24"East, 1618.14 Feet; Thence,South 00'45'12"East,with the East boundary line of the said Tract i of the said 456.80 Acre V.M.Donigan Partition and the said 145.18 Acre Tract,at 3704.91 Feet,pass a MAG Nail with washer stamped"URBAN ENGR.C.C.TX"Set, in the existing Hopkins Road(Unrecorded)for the Northeast corner of a 6.74 Acre Tract(surveyed same date),at 3736.92 Feet pass a 518 Inch Iron Rod Found, for the Northwest comer of a 21.35 Acre Tract described in a Deed from Isabel B. Weil Goodstein (formerly Isabel B. Weil), Individually and as Independent Executrix of the Estate of Lewis E. Weil, deceased, Michael M. Weil, Peter H. Weil, Kathleen Carol Weil Holtzman and Gerald T. Holtzman to The Texas Mexican Railway, recorded in Volume 1606,Page 379,Deed Records of Nueces County,Texas, in all 4301.15 Feet,to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, on the said North Right-of-Way Line of The Texas Mexican Railroad, for the Southeast corner of the said 145.18 Acre Tract this Tract; from Whence, a 5/8 Inch Iron Rod with red plastic cap stamped S:1Surveying1413161B80010FFICEIMETES AND BOUNDS1FN41316B800 20180322_145.15ACRES_Xg.DoexPage 1 of 4 OFFICE: (361)854-3101 2725 SWANTNER DR. + CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm 4 145 •TBPLS Firm 4 10032400 "URBAN ENGR CCTX" Found, for the Southeast corner of the said 21.35 Acre Tract,bears North 88°35'36" East, 1650.56 Feet; Thence, South 88°35136" West,with the North Right-of-Way line of the said 100.00 Foot Wide Texas Mexican Railroad,the South boundary line of the said 145.18 Acre Tract,and the South boundary lines of said Tracts 1 and 2,of the said 456.80 Acre V.M. Donigan Partition, the said North Right-of-Way Line, at 521.59 Feet, pass a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX" Set, in the said existing Hopkins Road (Unrecorded), for the Southwest corner of the said 6.74 Acre Tract, in all 1465.19 Feet,to the Point of Beginning,containing 145.15 Acres(6,322,826 Sq.Ft.)of Land,more or less. SAVE and EXCEPT a 0.87 Acre Tract of Land, comprising of a 0.19 Acre Tract and a 0.68 Acre Tract, both described in Special Warranty Deed from Wanda Theresa Laughlin,individually and as Executor of the Estate of William Taylor Laughlin, deceased,and Tina Laughlin Henry,to the City of Corpus Christi,recorded in Document Number 2012033997,Official Public Records of Nueces County,Texas. SAVE and EXCEPT a 6.74 Acre Tract of Land,being a portion of and surveyed concurrently with the aforementioned 145.15 Acre Tract. Gross Acreage 145.15 Acres and a Net Acreage of 137.54 Acres Save and Except 0.87 Acres Fieldnotes, for a 0.87 Acre Tract of Land,out of Tracts 1 and 2,of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7, Range VI,H. L. Kinney Sectionized Lands,as referenced in a Partition and Settlement Deed,recorded in File Number 320003, Volume 501, Page 228,Deed Records of Nueces County, Texas;said 456.80 Acre V.M. Donigan Partition shown by map, made by Blucher Engineering Co. dated January 1951, recorded in Volume 1, Page 49, Miscellaneous Map Records of Nueces County, Texas;said 0.87 comprising of a 0.19 Acre Tract and a 0.68 Acre Tract, both described in Special Warranty Deed from Wanda Theresa Laughlin, individually and as Executor of the Estate of William Taylor Laughlin, deceased, and Tina Laughlin Henry,to the City of Corpus Christi, recorded in Document Number 2012033997, Official Public Records of Nueces County,Texas;the said 0.87 Acre Tract being more fully described as follows: Commencing at a 64d Nail Found, on the North Right-of-Way Line of a 100.00 Foot Wide Texas Mexican Railroad, for the Southeast corner of a 91.390 Acre Tract of Land described in Special Warranty Deed from The Frost National Bank, Independent Executor of the Estate of Charles Vartan Walker, Deceased to John Paul Hooten, Trustee of The Hooten Family Trust, recorded in Document No. 2007061484, said Official Public Records, for the Southwest corner of a 145.18 Acre Tract of Land, in a Deed Without Warranty from William D. Walker, Personal Representative of the Estate of Mazie P. Walker, et al to John P. Hooten, Trustee of the Hooten Family Trust A U/T/D May 4, 1984, recorded in Document No. 2014037242, Official Public Records of Nueces County,Texas; Thence, North 00°48122" West, with the common boundary line of Tracts 2 and 3, of the said 456.80 Acre V.M. Donigan Partition, the said 91.390 Acre Tract and said 145.18 Acre Tract, 451.20 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX" Set,for the Point of Beginning and Southwest corner of this Tract; Thence,North 00°48'22" West, continuing with the common boundary line of Tracts 2 and 3, of the said 456.80 Acre V.M. Donigan Partition, and the said 91.390 Acre Tract and 145.18 Acre Tract,40.00 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set, for the Northwest corner of this Tract; Thence,over and across the said 145.18 Acre Tract and Tracts 1 and 2,of the said 456.80 Acre V.M.Donigan Partition as follows: • North 88°38'28" East, 200.01 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set; S:1Surveying1413161B8001OFFICElMETES AND BOUNDS\FN41316B800 20180322_145.15ACRES_Xg.DocxPage 2 of 4 OFFICE: (361)854-3101 2725 SWANTNER DR. 9 CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanonp,.com TBPE, Firm# 145 • TBPLS Firm# 10032400 • South 67°36'34" East, 136.57 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX"Set; • North 88°38'28" East, 616. 79 Feet, to a 518 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX" Set, for the Northeast corner of this Tract and beginning of a non-tangent curve to the Left having a delta of 07°46'36", a Radius of 312.94 Feet, an are length of 42.47 Feet, and a chord which bears South 1810'16" West,42.44 Feet; • with said non-tangent curve to the Left,an are length of 312.94 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set, for the Southeast corner of this Tract; • South 88°38'28" West, 611.01 Feet, to a 518 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX" Set; • North 67°36'34" West, 136.57 Feet, to a 518 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX" Set; Thence, South 88038'28" West, 191.99 Feet,to the Point of Beginning, containing 0.87 Acres(37,837 Sq.Ft.) of Land, more or less. Save and Exce t 6.74 Acres ` F'ieldnotes,for a 6.74 Acre Tract of Land,out of Tract 1,of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7, 1 Range VI,H.L. Kinney Sectionized Lands,as referenced in a Partition and Settlement Deed,recorded in File Number 320003, Volume 50t, Page 228, Deed Records of Nueces County, Texas; said 456.80 Acre V.M. Donigan Partition shown by map, made by Blucher Engineering Co.dated January 1951,recorded in Volume 1,Page 49,Miscellaneous Map Records of Nueces County, Texas and a 145.18 Acre Tract of Land, described in a Deed Without Warranty from William D. Walker, Personal Representative of the Estate of Mazie P. Walker,et al to John P. Hooten,Trustee of the Hooten Family Trust A U/T/D May 4, 1984, recorded in Document No. 2014037242, Official Public Records of Nueces County, Texas; the said 6.74 Acre Tract being more fully described as follows: Commencing at a 60d Nail Found, on the North Right-of-Way Line of a 100.00 Foot Wide Texas Mexican Railroad, for the Southeast corner of a 91.390 Acre Tract of Land described in Special Warranty Deed from The Frost National Bank, Independent Executor of the Estate of Charles Vartan Walker, Deceased to John Paul Hooten,Trustee of The Hooten Family Trust,recorded in Document No.2007061484,said Official Public Records, for the Southwest corner of the said 145.18 Acre Tract; Thence,North 88°35'36"East,with the said North Right-of-Way Line,the South boundary line of the said 145.18 Acre Tract, 943.60 Feet,to a MAG Nail with washer stamped"URBAN ENGR.C.C.TX"Set,in the existing Hopkins Road(Unrecorded), for the Point of Beginning and Southwest comer of this Tract; Thence, North 01°24'24" West, 296.20 Feet, to a MAG Nail with washer stamped "URBAN ENGR. C.C.TX" Set, in the existing Hopkins Road(Unrecorded), for a corner of the said 6.74 Acre Tract, and for the beginning of a circular curve to the Right having a delta of 90°00'00", a Radius of 300.00 Feet, an are length of 471.24 Feet, and a chord which bears North 43°35'36" East,424.26 Feet; Thence with said circular curve to the Right, an arc length of 471.24 Feet, to a MAG Nail with washer stamped "URBAN ENGR.C.C.TX" Set, in the existing Hopkins Road(Unrecorded),for a corner of this Tract; Thence,North 88°35'36"East,228.39 Feet,to a MAG Nail with washer stamped"URBAN ENGR. C.C.TX"Set,on the East boundary line of the said 145.18 Acre Tract,in the existing Hopkins Road(Unrecorded),for the Northeast corner of this Tract; Thence, South 00'45'12" East, with the East boundary line of the said 145.18 Acre Tract, at 32.00 Feet,pass a 518 Inch Iron Rod Found,for the Northwest corner of a 21.35 Acre Tract described in a Deed from Isabel B.Weil Goodstein(formerly Isabel B. Weil),Individually and as Independent Executrix of the Estate of Lewis E.Weil,deceased, Michael M.Weil,Peter H.Weil, Kathleen Carol Weil Holtzman and Gerald T.Holtzman to the Texas Mexican Railway,recorded in Volume 1606,Page 379, Deed Records of Nueces County, Texas, in all 596.24 Feet, to a 518 Inch Iron Rod with red plastic cap stamped"URBAN S;1Surveying141316\B8001OFFICEIMETES AND BOUNDSIFN41316B800_20180322_145.15ACRES_Xg.DocxPage 3 of 4 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanenp-com TBPE, Firm 4 145 9 TBPLS Firm 9 10032400 ENGR CCTX" Set,on the said North Right-of-Way Line of the Texas Mexican Railroad, for the Southeast comer of the said 145.18 Acre Tract and this Tract, Thence,South 88135'36"West, with the said North Right-of-Way Line,and the South boundary line of the said 145.18 Acre Tract,at 521.59 Feet,to the Point of Beginning, containing 6.74 Acres(293,684 Sq.Ft.)of Land, more or less. 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 fieldnotes description, including preamble, seal and signature,appears in its entirety, in it original form,surveyo assumes no responsibility for its accuracy.Also reference accompanying sketch of tract described he einOF rp . U N ENGINE RI Y11 James D. Carr, R.P.L.S. JAMS,qd ujp....A License No. 6458 6458 ;90 01�.. S:1Surveying1413161B80010FFICEtMETES AND BOUNDS1FN41316B800 20180322_145.15ACRES_Xg.DocxPage 4 of 4 OFFICE; (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanen�.com TBPE,Firm# 145 • TBPLS Firm# 10032400 - `--. \_I_v- _�_.-_.a_m.. T. s- ��- ¢' .�� SA Sa 1 ,i 1,9.: �`+.,,"t. tae t ��: i i tx f1EF �3•� / � � �. �F � I ' Roo. 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DRAM BY:xa SCALE 1.200'JOB No:411168 W CNKb.BY: ML le SNEET: i PLANNING COMMISSION FINAL REPORT Case No. 0318-02 INFOR No. 18ZN1006 Planning Commission Hearin Date: April 18, 2018 Owner: Hooten Family Trust A o Applicant: John Bell a Location Address: 6502 and 6630 Agnes Street Legal Description: Being a 145.15 Acre Tract of Land, comprised of portions of Tracts 1 and 2 2 of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7, Range VI, H. L. Kinney Q o Sectionized Lands, as referenced in a Partition and Settlement Deed, recorded in File Number C 320003, Volume 501, Page 228, Deed Records of Nueces County, Texas and a 91.36 Acre Tract Q of Land, being all of a 91.56 Acre Tract of Land as referenced in a Partition and Settlement Deed, J recorded in File Number 320003, Volume 501, Page 228, Deed Records of Nueces County, od Texas, located on the north side of Agnes Street (State Highway 44), west of Hopkins Road, and east of Bronco Road. From: "IL" Light Industrial District _ To: "IL/SP" Light Industrial District with a Special Permit 'E s Area: 233.99 acres N Purpose of Request: To allow the construction of a U.S.-to-Mexico gasoline and diesel fuel transshipment center with attached bulk storage terminal. Existing Zoning District Existing Land Future Land Use Site "IL" Light Industrial Vacant/Agricultural Light Industrial a� N 'E 0 North "IL" Light Industrial Light Industrial Light Industrial o CSouth "IH" Heavy Industrial Public/Semi-Public Transportation +, J T East "IL" Light Industrial Vacant/Agricultural Light Industrial W West "IL" Light Industrial Vacant/Agricultural Light Industrial Area Development Plan: The subject property is located within the boundaries 06 u, of the Corpus Christi Airport Area Development Plan formerly a part of the (u o Port/Airport/Violet Area Development Plan. The subject property is and is a planned for light industrial uses. The proposed rezoning to the "IL/SP" Light a o Industrial District is consistent with the adopted Comprehensive Plan (Plan CC). Q Map No.: 054044 Zoning Violations: None Staff Report Page 2 ° Transportation and Circulation: The subject property has approximately 1,650 feet of street frontage along Agnes Street (State Highway 44) which is L ° designated as a "F1" Freeway/Expressway and approximately 565 feet of street N frontage along Hopkins Road which is designated as a "C3" Primary Collector Street. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type Agnes Street "F1" 400' ROW 613' ROW 14,999 (SH 44) Freeway/Expressway Varies paved 345' paved ADT 2010 M Hopkins "C3" Primary 75' ROW 60' ROW Road Collector Street 50' paved 26' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit on 233.99 acres for the construction of a U.S.-to-Mexico gasoline and diesel fuel transshipment center with attached bulk storage terminal. The proposed use is classified as "petroleum, gasoline, and lubricating oil refining, and wholesale storage," which is defined as a "heavy industrial" use and may be allowed by Special Permit in the "IL" Light Industrial District according to the Unified Development Code (UDC). Development Plan: The subject property is comprised of 233.99 acres. The owner is requesting to rezone to the "IL/SP" Light Industrial District with a Special Permit. The applicant explains that the request is to construct a US-to-Mexico rail logistics center with attached bulk storage terminal including nine wholesale storage tanks 48 feet in height and 162 feet in diameter. Products to be stored and transloaded to rail include gasoline and diesel fuel product, delivered by pipeline to the facility. The product would be stored in the tanks. Fuel additives such as Methyl tert-butyl ether (MTBE) and ethanol would also be stored at the site, and blended with the fuel product by pipe in an in-line blending process. The blended product would then flow by pipe into railroad tanks cars for shipment to fuel wholesalers. The need for the zoning change to "IL/SP" Light Industrial District with a Special Permit is for above-ground wholesale storage of fuels and petroleum products, which is permitted by right in the "IH" Heavy Industrial District, but not in the "IL" Light Industrial District. Otherwise, the project will be in compliance with all applicable "IL" Light Industrial District requirements. The facility also will include a rail yard, train loading facility, small parking lot, control center, and crew break room. The control center will be located on-site. The new facility anticipates creating 45 net new full time jobs. Existing Land Uses & Zoning: The subject property is currently zoned "IL" Light Industrial and is vacant land. To the north, east, and west, are vacant tracts zoned "IL" Light Industrial District. To the south of the subject property is the Corpus Christi Staff Report Page 3 International Airport zoned "IH" Heavy Industrial District, as well as access to the Kansas City Railroad. Navy Land Use Compatibility in Accident Potential Zones (APZs): Navy Air Installation Compatibility Use Zones (AICUZ) are located around the runways of Corpus Christi International Airport (CCIA). The AICUZ zones were established as part of the Naval Air Station Corpus Christi (NAS) Joint Land Use Study (JLUS) in 2013. The subject property is located in the Clear Zone (CZ) and Accident Potential Zone 1 (APZ-I) of a CCIA existing main runway. The Navy's Land Use Compatibility Recommendations Table (table), which is included in the City's UDC, identifies broad categories of land uses that are acceptable in the Clear Zones and APZs. The proposed use is specifically classified as "petroleum bulk stations and terminals — wholesale." This category falls into the broader category identified in the table of "wholesale trade," which is a compatible land use in the APZ-I and APZ-II. In a footnote to "manufacturing uses" under the compatible land use table it does state that the explosive characteristics of a proposed manufacturing use should be considered when determining if a proposed use is appropriate within an APZ. However, as this use is classified as wholesale trade use, the previously mentioned footnote does not apply. As part of the NAS JLUS, the City created two new zoning districts to increase land use compatibility around the runways. Those districts are the "IC" Industrial Compatible District and the "CC" Commercial Compatible District, and both districts specifically prohibit above ground fuel storage of any capacity. These new districts were intended for properties within an AICUZ. Since the adoption of these newly created districts, they have not been applied to any properties surrounding CCIA. Corpus Christi International Airport (CCIA) Comments: An approach path to an existing main runway will be directly over the subject property, making the above ground bulk wholesale storage of fuels of particular concern to the City. The City Aviation Department does not object to the proposed development provided that the property owner complies with FAA filing requirements. CCIA submitted the following comments regarding the rezoning: 1 . Proposed railroad tracks and access road within the Clear Zone for Runway 18-36 at Corpus Christi International Airport can only be used for transit of rail cars. Rail cars and vehicles cannot be parked in the Clear Zone. The 2017 AICUZ update does not allow for rail cars (SLCUM 41) in Clear Zones. 2. Runway 18 Approach Light System cannot be blocked by rail cars. FAA study required. 3. All structures, cranes, and equipment required to erect the structures will require and FAA airspace study before construction can begin. 4. Industrial activity must not produce light that interferes with pilot and air traffic control tower visibility. 5. The Corpus Christi International Airport (CCIA) has an aviation and hazard easement within the subject property. Based on the language of the easement, potential uses shall not cause in all airspace above or in the vicinity of the surface of Grantors' property such noise, vibrations, fumes, deposits of dust or other particulate Staff Report Page 4 matter, fuel particles (which are incidental to the normal operation of said aircraft), fear, interference with sleep and communication and any and all other effects that may be alleged to be incident to or caused by the operation of aircraft over or in the vicinity of Grantors' property or in landing at or taking off from, or operating at or on said CRP is hereby granted. Additionally, the easement prohibits any uses that may cause an airport hazard or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, or smoke generating activities. Federal Aviation Administration (FAA) - Determinations of Hazards The applicant is required to request a determination of hazards from the FAA for each structure constructed on the subject property. The applicant will also have to submit a "Notice of Actual Construction" to the FAA for each structure. AICUZ: The subject property is located in 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 Corpus Christi Airport Area Development Plan formerly a part of the Port/Airport/Violet Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC) and with the following specific policies: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. (Future Land Use, Zoning, and Urban Design Policy Statement 4). • Avoid development that is incompatible with the operation of military airfields and the airport. (Future Land Use, Zoning, and Urban Design Policy Statement 4). • The City Council, hereby, adopts the proposed land use plan for future land use decisions. The plan provides a compatible configuration of activities emphasizing: Protection of the airport from incompatible activities; (Port/Airport/Violet ADP, Policy Statement B.1) • Limited Industrial - Industrial uses would be restricted within the 50':1' airport approach slope due to the accident potential of these areas or because they are within the 65 Day-Night Average Sound Level (Ldn) contour. No uses which are characterized by labor intensity or attract large groups of people should be allowed. A zoning study will need to be conducted to define acceptable levels of labor intensity and activities which do not attract large groups. The "Land Use Compatibility with Yearly Day Night Sound Levels" table from the Airport Master Staff Report Page 5 Plan Update should be used as a guideline to define uses that can be located in the 65 + Ldn noise footprint. (Port/Airport/Violet ADP, Policy Statement B.3) Development Services Department Comments: • The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property was annexed in 1962 and was zoned "IL" Light Industrial District in 1975 and is currently vacant. • The City has planned for light industrial uses to be located around Corpus Christi International Airport (CCIA), so that manufacturing uses would not conflict with airport operations. • All heavy industrial uses would not be compatible with the airport, the proposed Special Permit Overlay is a zoning tool that can be used to narrowly define and control the desired heavy industrial use in a manner that will not conflict with the intent of the Comprehensive Plan or the operations at Corpus Christi International Airport (CCIA). The primary intent of the Comprehensive Plan at this location is airport land use compatibility and creating an attractive entryway to the city (scenic corridor). • The proposed development is directly underneath the existing main runway at CCIA. The property is subject to the City's Conical Surfaces map which controls height and limits any use that would interfere with flight operations at the airport. • Storing flammable products above ground could create explosions and thick smoke in the event of an accident, which cause hazards for pilots and airport operation. • As part of the platting process potential amendments to the Urban Transportation Plan (UTP) may occur to remove proposed collector and arterial streets. • The City Airport Zoning Ordinance was recently repealed due to the forthcoming Airport Zoning regulations which have not yet been adopted by the newly-created Airport Zoning Commission. • In discussions between Development Services, the Corpus Christi International Airport, and Naval officials, concerns were raised about the location of the proposed storage tanks. The Navy has switched to the T-6 II trainer aircraft. This aircraft has ejection seats and detonation cord in the canopy. If an aircraft should go down in that area there is a concern about the potential of these explosives negatively interacting with the storage tanks. • Recently, the City Council approve the creation of the Airport Zoning Commission (AZC). The bylaws will be reviewed by the Planning Commission at the next scheduled meeting on Wednesday, May 16tH • The proposed rezoning was reviewed and approved by the Technical Review Committee (TRC) on Friday, March 30tH Planning Commission and Staff Recommendation (April 18, 2018): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with the following conditions: Staff Report Page 6 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is the wholesale storage and transfer of petroleum based products. The above ground fuel storage tanks are identified and limited based on the attached site plan. The tanks shall be no larger than 48 feet in height and 162 feet in diameter. No spherical tanks are permitted. 2. Fire Department Approval: Development of the Property, including the storage of fuels and blending agents, shall comply with all Fire Department requirements. 3. Storm Water Detention: The Owner shall construct and maintain any necessary aboveground detention facilities in a manner that prevents water from standing for longer than 48 hours after the design storm and the drainage facilities shall remain completely dry between storms. 4. Federal Aviation Administration (FAA): The Owner shall submit notice to the FAA and will need to file an Airspace Study (Form 7460) prior to obtaining building permits for each structure or tank or to the temporary location of potential aviation hazards such as construction cranes and equipment on site to determine any potential impacts to Corpus Christi International Airport. 5. Corpus Christi International Airport Hazards: a. Height: The Maximum height of structures shall comply with the City's most current conical surfaces map of Corpus Christi International Airport. b. Lighting: All lighting shall be shielded toward the site and shall not conflict with airport flight operations. Additionally, any parked train cars or engines must be parked far enough to the north of the Approach Light System so that the light plane is not impacted by the cars or engines. c. Rail Cars: A rail line parallel to Agnes Street (State Highway 44) is transitory in nature. Rail cars shall not park on the rail line within the defined Clear Zone of the Corpus Christi International Airport as per Department of Defense Instruction 4165.57 (AICUZ) SLUCM No. 41. d. Other Airport Hazards: No use or activity shall create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. The proposed access road is located in the Clear Zone. Transitory movement is allowed, however vehicles cannot park in the clear zone. 6. Landscaping and Screening. The Owner shall install and maintain landscaping of the Property along Hopkins Road. Within this landscape street yard, the minimum required landscaped area shall be 15% of the total street yard and the street yard shall be landscaped with plant material approved by Corpus Christi International Airport and listed in the UDC to achieve a minimum of 0.02 points per square foot of total street yard area. Landscape screening of parking lots and truck loading facilities within 100 feet of any Staff Report Page 7 street right-of-way shall be required in accordance with UDC Section 7.3.11. The proposed landscaping cannot use any plants that will be wildlife attractants. Advisory Circular 150/5200-33B states that wildlife attractants must be at least 10,000 feet from the airport perimeter. 7. Land Use Compatibility in Accident Potential Zones: The Owner shall not exceed a maximum Floor Area Ratio (FAR) of 0.28 in Accident Potential Zone (APZ) - 1 and 0.56 in APZ-2. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance unless a complete building permit application has been submitted. In the case of a phased project, subsequent building permit applications shall be submitted within 18 months from the date of issuance of the Certificate of Occupancy or final approved inspections for the previous phase of the development. The Special Permit shall expire if the use is discontinued for more than six consecutive months. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 Number of Notices Mailed — 8 within 200-foot notification area 6 outside notification area 0 As of April 13, 2018: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 0 inside notification area — 0 outside notification area In. Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASE S\2018\0318-02 Hooten Family TrustA\Council Documents\CC Report_0318-02 Hooten Family Trust A.docx y a CG-2 4 7 1 tcppgRO - sr 8 5 FR 3 p — Ice L �cff F U 3 D O 2 d - SUBJECT �Z P. PIER 6 e H OPKINSIRD IH 4 AG ES ST-9 HWY 44 ACC AGNES-ST H'VNY-440F WY /H 0 400 800, �,Da 18 aedlBy JeremyM FeetDepartmenoevelopmenttServices CASE: 0318-02 - ZONING & NOTICE AREA RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamil 2 Y IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay --- ON Professional Office RS-10 Single-Family 10 0° i UBJECT RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 x PRO-PERTH' CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park AGNES CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial .X44 FR l Farm Rural H Historic Overlay BP Business Park w E CCIA a aSubject PropertyO Owners r w with 200'buffer in favor S \ City Of 4 Owners within 200'listed onv Owners LOCATION MAP BEAR COI�US attached ownership table /�in opposition Ct1r1St1 - `--. \_I_v- _�_.-_.a_m.. 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DRAM BY:xa SCALE 1.200'JOB No:411168 W CNKb.BY: ML le SNEET: i Il I • I 1 Zoning Case #0318-02 Hooten Family Trust A Rezoning for a Property at 6502 and 6630 Agnes Street City Council Presentation June 12, 2018 z Aerial Overview BUBJECT PG30PC�G34�'/ ega 0 Rummy � Runway 9s � � fm% Subject Property at 6502 and 6630 Agnes Street , It Owl C l Vicinity Map w� 3 j (G)Op6RSlreetMap BREI CORInbVtOl6, 12 ab,.Com -Share Alike am.m Ldc -(CC-BY SAJ_ 3 Zoning Pattern :2��o 10 1 08 Rap mo 0 � 000 op Ion I I � I o aopBdn% Road a HL _. 11 L1 OL oa m QunwabI 996 99779 0 �mto b CLQ , 4 Site Plan I -LJ --V ------------------------------------------------------------- a I � 1 1 I 1 1 mm 1 1 1 1 1 � � Ie 1 �i°�m�O°iiwa 1 1 ' 5 Staff Recommendation Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit. t'10% -= Special Permit Conditions 1 . Use: Wholesale storage and transfer of Petroleum based products. 2. Fire Department Approval 3. Storm Water Detention: 48 hour drainage 4. FAA Study: Airspace Study- Form 7460 5. CCIA Hazards: Height, Lighting, Rail Cars, Misc.*** 6. Landscape and Screening: Wildlife Attractants 7. Land Use Compatibility APZs: Floor Area Ratios 8. Other Requirements: Compliance with all other codes. 9. Time Limit: 12 Months unless a complete building permit application has been submitted. AICUZ la qsm Fl— Le wN s �MP=�aE F _ 94� f �lifi's p° �77F7� I CL # T w a ' WPM ` dr 8 Aviation Easement 16 ,. I m Me 1'M TRACT 2 t w 91.36 AC t .NN6,.I N.« _ I YRINM�0,6 a1 IanOf Ngtls aa.lr.nLi � — — � — >x •�i Q •g oANc,. S p TRAC7 3 ti PARCEL 2 >T � :1.36 AC:« � 16.81 ACRES A I k R I —, TRACT�4 N w.e'.q•} nxtu' 91 36 AC I Iw sl rmlw I�oa Iia EXHIBIT Of MAXOMI PERMI"RNO 6UKDW MDcW ABOVE QROt"LEVEL PARCEL NO.2 AREA-61Y,467.5 SQ- M s,.......a LIN Y..b Nr.Yr.a,97 16.61 AC. hv.6.M9 Nnq a o,.6q,r1 Nan NIan,Mb, WERENIM 91.76 16199 MMM FLE No nwn.w•rl m.1..�w fes+.'•Mw Cf —...—..... �,.mraw lanes n328 wont.Twv 1QlI1C 9)1,tA9E 776.MN.GI. TAY �A,A N .••• 6.arla nDllr al 116 anon �--� 1415 �— —n .A Iv4.[ nes s L.{,a rte. - wewM2 6iiw'v 9 UDC Requirements ~ Buffer Yards: N/A Setbacks: Street: 20 feet Side: 0 feet Rear: 0 feet Parking: 1:700 sf. GFA(Office) SUBJECT 1:1,000 sf. GFA (Outdoor) PROPERTY 1:2,500 sf. GFA (Indoor) Uses Allowed: Industrial, Retail, a� R a° Medical, Offices, and Self-Storage. *Residential uses not allowed se O E " AGENDA MEMORANDUM NRPOPAS EPublic Hearing and First Reading for the City Council Meeting of June 12, 2018 1852 Second Reading for the City Council Meeting of June 19, 2018 DATE: April 19, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Establishing a Flood Hazard Mitigation Committee CAPTION: Ordinance amending the Corpus Christi Code to establish Flood Hazard Mitigation Information Committee. PURPOSE: The Community Rating Systems (CRS) strongly encourages locally designed plans to prevent and reduce flood losses. Two CRS activities specifically credit local planning committees that design such plans. These plans are Program for Public Information (PPI) and Flood Insurance Coverage Improvement (CPI) Plan. The proposed ordinance establishes the Flood Hazard Mitigation Committee to develop and implement both the PPI and CPI. BACKGROUND AND FINDINGS: The PPI plan is an ongoing public information effort to design and transmit the messages that the community determines are most important to its flood safety and the protection of its floodplains' natural functions. A PPI should help design a community's entire flood protection public information program, not just outreach projects. PPI covers other types of public information endeavors, such as website or technical assistance; such engagement with the community can yield increased credit under other activities. The maximum credit for creating, adopting, and implementing a PPI is 100 points. The CPI is an ongoing public information effort designed to promote flood insurance and its importance as a preparedness effort. The CPI plan offers three ways to obtain potential credits by assessing the community's current level of coverage and identifying shortcomings, preparing the CPI with recommendations about where improvements would help, and CPI implementation. The maximum credit for creating, adopting, and implementing a CPI is 60 points. Establishing the Flood Hazard Mitigation Information Committee would allow for the opportunity to receive additional CRS points. The additional points can assist in keeping and/or improving the class rating for the City. Improving our class rating provides for a greater discount on flood insurance rates. ALTERNATIVES: Deny the ordinance OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The ordinance is consistent with the goals and strategies for resilience in Plan CC. 1. Corpus Christi has a holistic community standard of resilience that adapts to changing conditions such as storm hazards, high winds, and sea level rise. 2. The City has a multiple lines-of-defense strategy for protection against flooding from coastal storm surges. EMERGENCY/NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: 0 Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget $ 25,000.00 Encumbered / Expended Amount $ 0 This item $ 6,000.00 BALANCE $ 19, 000.00 Fund(s): Development Services Comments: None RECOMMENDATION: Staff recommends adoption of the ordinance that establishes a Flood Hazard Mitigation Committee. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Corpus Christi Code to establish Flood Hazard Mitigation Information Committee WHEREAS, The City of Corpus Christi is part of the Community Rating Systems Program under the National Flood Insurance Program. The Community Rating Systems Program awards the community credits for doing activities that are above the minimum requirements. The credits determine the Class rating for the City which allows for discounts on flood insurance policies; WHEREAS, The Community Rating System strongly encourages locally designed plans to prevent and reduce flood loses; and WHEREAS, The Community Rating System awards credit for creating a committee and adopting the Program for Public Outreach and Flood Insurance Coverage Promotion plans. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Corpus Christi Code of Ordinances, Chapter 2 —Administration, Article IV.- Miscellaneous Boards, Commissions and Committees, is amended by adding Division 32. - Flood Hazard Mitigation Information Committee, Sections 2-303 to Section 2-305 to read as follows: Division 32. - Flood Hazard Mitigation Information Committee Sec. 2-303 Created; composition; appointment, terms of members; organization (a) The Flood Hazard Mitigation Information Committee is created to advise the mayor and city council on development and implementation of the Program for Public Information Plan and Flood Insurance Coverage Promotion Plan. (b) Membership. The Flood Hazard Mitigation Information Committee shall be comprised of at least five members appointed by City Council. At least three members must be from outside local government. The membership must include: (1) One or more representatives from the community's floodplain management office; (2) One or more representatives from the community's public information office; (3) One or more representative from the insurance industry. (c) Quorum. Three members of the Committee shall constitute a quorum. (d) Secretary of the Committee. The Floodplain Administrator or authorized representative shall act as secretary of the committee. The secretary shall make a detailed record of all committee proceedings which shall set forth the committee's reasons for a decision, each member's vote, any member's absence, and any failure of a member to vote. A record of all business conducted by the committee shall be maintained in the office of the floodplain management division. Sec. 2-304 Duties. (a) The Flood Hazard Mitigation Committee prepares and updates two plans, which are included below: (1) The Program for Public Information Plan's duties are included, but not limited to: A. Assessing the community's needs for public information, formulate outreach messages, identify outreach projects and monitor and evaluate the program. B. The highest priority for Committee regarding the Program for Public Information Plan includes, but is not limited to: 1. Assessing the community's public information needs by priority areas. 2. Formulating messages needed for each priority audience to meet the desired outcome. 3. Identifying outreach projects to convey the messages. 4. Examining other public information activities for website or technical assistance. 5. Preparing the Program for Public information document for governing body adoption. 6. Reevaluating the Program at least once annually. (2) The Flood Insurance Coverage Promotion Plan's duties are included, but not limited to: A. Assessing the community's needs for flood insurance based on identifying the current levels of coverage and where it needs to be improved. B. The highest priority for the Committee with regards to the Flood Insurance Coverage Promotion Plan includes, but is not limited to: 1. Conducting a flood insurance assessment. 2. Collecting flood insurance information. 3. Determining the level of flood insurance coverage. 4. Preparing the plan. 5. Reevaluating the Plan at least once annually. Sec. 2-305 Frequency of meetings. The Committee shall meet at least twice a year. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word of provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. This ordinance takes effect after official publication. 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 Ordinance Amending the City of Corpus Christi Code Of Ordinances to Create a Flood Hazard Mitigation Information Committee City Council Presentation June 12, 2018 • 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 �= Staff Recommendations C) Staff recommends: • Approval of the ordinance se GO O Va. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 12, 2018 Nc1852Ev Second Reading for the City Council Meeting of June 19, 2018 DATE: May 23, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services Nina M(o-)-cctexas.com 361-826-3276 Ordinance amending The Code of Ordinances to adopt the TCEQ standards for the inspection and testing of backflow preventer assemblies for residential irrigation systems. CAPTION: Ordinance amending The Code of Ordinances, City of Corpus Christi Chapter 14, Article II, City of Corpus Christi Technical Construction Codes Division 7, "Plumbing Code:, Section 14-281 and Division 8, "Residential Code," Section 14-291 to adopt the Texas Commission on Environmental Quality (TCEQ) standards for the inspection and testing of backflow preventer assemblies for residential irrigation systems. PURPOSE: The purpose of the Ordinance is to align the inspection and testing of backflow preventer assemblies for residential irrigation systems with TCEQ standards. TCEQ standards Chapter 290- Public Drinking Water, Subchapter D - Rules and Regulations for Public Water Systems requires a backflow prevention assembly installed for a residential irrigation system to be inspected and tested upon initial installation. Existing City ordinance requires these assemblies to be inspected and tested upon initial installation and every three years thereafter. BACKGROUND AND FINDINGS: TCEQ regulations do not require a backflow prevention assembly installed in conjunction with a residential irrigation system be inspected and tested after it's initial installation because the risk to a properly operating water system is very minimal. The reliability and resiliency of our City municipal water system has improved dramatically in the last 12 months. The risk of contamination to our water supply from a backflow event related to a residential irrigation system is therefore, very minimal. ALTERNATIVES: Maintain the current three year inspection and testing requirement for backflow prevention assemblies installed on residential irrigation systems. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to Plan CC Infrastructure Facilities, and Public Services, Goal 2: Corpus Christi has a water treatment and distribution system that meets or exceeds State water quality requirements. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Purchasing Department Legal Utilities Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $42,000 $42,000 Encumbered / Expended Amount This item ($4,445) ($17,780) BALANCE $37,555 $24,220 Fund(s): 4670 Development Services Comments: The decrease in revenue reflects the reduction in the number of backflow prevention assemblies that would be required to file an inspection and test report with the City's 3rd party database administrator. RECOMMENDATION: City Plumbing / Mechanical Advisory Board recommended approval of this ordinance on 5/17/2018. Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: None Ordinance amending Corpus Christi Code to adopt Texas Commission on Environmental Quality regulations for the inspection and testing of backflow preventer assemblies for residential irrigation systems; and providing for penalty WHEREAS, by Ordinance No 030847, the City of Corpus Christi adopted the 2015 International Plumbing Code and the 2015 International Residential Code on May 17, 2016, each as modified by said ordinance and are referred to herein as the City Plumbing Code and the City Residential Code; WHEREAS, in furtherance of the public health, necessity, convenience, safety and the general welfare of the inhabitants of the City of Corpus Christi ("City"), the City Council desires to adopt the Texas Commission on Environmental Quality standards for the inspection and testing of backflow preventer assemblies for residential irrigation systems found in Texas Administrative Code Title 30, Chapters 290 and 344; and WHEREAS, the City Plumbing Code and the City Residential Code contain requirements for the installation and testing of backflow prevention assemblies for the protection of the municipal water supply; and WHEREAS, with proper notice to the public, a public hearing was held on Thursday, May 17, 2018, during a meeting of the Mechanical/Plumbing Advisory Board with the Board recommending approval of the ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinance, Section 14-281, Subsection (11) is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 14-281. — Plumbing Code (11) Section 312.10 of the International Plumbing Code is revised to read as follows: 312.10 Inspection and testing of backflow prevention assemblies. Inspection and testing shall comply with Section 312.10.1 . 312.10.1 Inspection and Testing. Residential irrigation backflow prevention assemblies shall be tested at time of installation, an6, immediately after repairs, Anrl at ioAs+ GRGG every t#ree dears in accordance with the inspection and testing requirements of Texas Commission on Environmental Quality public drinking water regulations. Reduced pressure principle backflow preventer assemblies, double check-valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, and spill proof vacuum breakers that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. All testing and certification shall be performed by a state-licensed Backflow Prevention Assembly Tester. The Backflow Prevention Assembly Tester must Page 1 of 3 file an original copy of the initial test certification and each annual certification with the City's Third Party database within ten (10) days of the testing. The testing procedure shall be performed in accordance with one (1) of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1. SECTION 2. The Corpus Christi Code of Ordinance, Section 14-291, Subsection (12) is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 14-291 . — Residential Construction Code. (12) Section P2503.8 of the International Residential Code is amended by adding new subsections P2503.8.3 to read as follows: P2503.8.3 Testing. Residential irrigation backflow prevention assemblies shall be tested at least nnre eVeFy throe (3) Yein accordance the inspection and testing requirements of the Texas Commission on Environmental Quality public drinking water regulations by a Backflow Prevention Assembly Tester and reported to the City Manager or designee. Reduced pressure principle backflow preventers, double check valve assemblies, double- detector check valve assemblies and pressure vacuum breaker assemblies that are not part of a residential irrigation system shall be tested by a Backflow Prevention Assembly Tester at the time of installation, immediately after repairs or relocation and at least annually with test results reported to the City Manager or designee. Upon the failure of the utility customer to report the result of the required test of the backflow prevention device, the City Manager, or designee, may authorize the backflow prevention device be tested, repaired and/or replaced with all associated charges to be charged to the customer's utility bill, and may also authorize the stoppage of the supply of water to the service address. The water may not be restored, except upon provision of the report of the required passing test. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. SECTION 4. Penalties are as provided in Section 1-6, Section 14-281, and Section 14-291 of the Corpus Christi Code of Ordinances. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance takes effect after official publication. 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 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 Page 3 of 3 Ordinance Amending the City of Corpus Christi Code Of Ordinances to adopt TCEQ regulations for backflow preventer assemblies. City Council Presentation June 12, 2018 • The City Plumbing Code (Section 14-281) and the City Residential Code (Section 14-291) contain requirements for the testing and certification of backflow prevention assemblies for the protection of the municipal water supply. • The purpose of the Ordinance is to align the testing and certification of backflow prevention assemblies for residential irrigation systems with Texas Commission on Environmental Quality (TCEQ) standards. City of Corpus Christi • Adopted City ordinances require backflow prevention assemblies for residential irrigation systems be tested and certified upon initial installation and every three years thereafter. TCEQ • TCEQ requires installation of backflow prevention assemblies installed to provide protection against health hazards, and must be tested and certified to be operating at least annually by a licensed backflow prevention assembly tester. • TCEQ classifies residential irrigation systems without chemical additives as non-health hazards, only requiring testing and certification upon initial installation and/or repair. �= Staff Recommendations C) Staff recommends: • Approval of the ordinance ,an,, mooz;im 1w • Total Number of Backflow Assemblies in our Database = 14,121 • Total Number of Commercial Backflow Assemblies = 6,501 • Total Number of Residential Backflow Assemblies = 7,620 • Top Ten Cities that require Inspection & Testing upon installation and/or repair of BFP for Residential Irrigation Systems = Dallas, Austin, Fort Worth, EI Paso, Arlington, Plano and Laredo. • Top Ten Cities that require Inspection & Testing upon installation and/or repair and Annual Testing of BFP for Residential Irrigation Systems includes Houston and San Antonio. se O �A H v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 12, 2018 "CORPGppjESecond Reading Ordinance for the City Council Meeting of June 19, 2018 1852 DATE: May 29, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Abandonment and vacation of two utility easements with subsequent dedication of a new utility easement at 14229 Northwest Blvd CAPTION: Ordinance abandoning and vacating a 15-foot utility easement (2,033-square feet) and abandoning and vacating a 10-foot utility easement (1,355-square feet) out of Taylor's Best Plaza, Block 1, Lot 2, located at 14229 Northwest Boulevard; and requiring the owner, MTM Northwest Management, Ltd., to comply with the specified conditions including the dedication of a new 15-foot utility easement (2,199-square feet). PURPOSE: This ordinance would abandon and vacate two utility easements to facilitate proposed future construction on the site by MTM Northwest Management, LTD (Owner). BACKGROUND AND FINDINGS: MTM Northwest Management, LTD is requesting the abandonment and vacation of two utility easements out of Taylor's Best Plaza, Block 1 Lot 2, located at 14229 Northwest Boulevard. Currently, the property is being used as a mini storage facility. The abandonment and vacation of the utility easements is being requested by the owner to facilitate construction within the property. The existing utility easements do not contain any utility lines running through them and there was no objection to the proposed closures from any public or franchised utilities. Currently, there are buildings encroaching onto a 15-foot wide by 135.50-feet northern utility easement. Once the proposed utility easement closure is approved, the applicant will dedicate a new 2,199-square foot utility easement that will be 15-feet wide by 146.62-feet in length further south which includes a water line and fire hydrant for Pace 1 o❑3 additional fire protection on the property. These fire hydrants and water lines are serviced by the City of Robstown. The applicant is also requesting that the southern utility easement that measures 10- feet by 135.50-feet be abandoned and vacated to enable for future construction of a climate-controlled storage unit that will measure 90-feet by 135-feet. A building permit application has been submitted for the climate-controlled storage unit. The approval of the easement closures is a condition of the issuance of the building permit. The proposed storage unit will be constructed according to all City codes and regulations of the City of Corpus Christi. The Owner has been advised of and concurs with the specified conditions of the Ordinance in regard to the easement dedication and the recording and filing of the Ordinance. The owner must also comply with all the specified conditions of the abandon and vacate ordinance within 90 days of City Council approval. ALTERNATIVES: Denial of the proposed utility easement closures. This will adversely impact the Owner's ability to move forward with proposed future development of the subject property. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances Section 49-13. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonments. Pace 2 0113 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Project to Fiscal Year: 2016-2017 Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the easement closures. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A: Metes & Bounds of Proposed Closure for Tract A Exhibit B: Metes & Bounds of Proposed Closure for Tract B Exhibit C: Graphical Representation of Proposed Easement Closures for Tract A and B Exhibit D: Metes & Bounds of Proposed Easement Dedication Exhibit E: Graphical Representation of Proposed Easement PowerPoint Presentation Pace 3 0113 Ordinance abandoning and vacating a 15-foot utility easement(2,033-square feet) and abandoning and vacating a 10-foot utility easement (1,355-square feet) out of Taylor's Best Plaza, Block 1, Lot 2, located at 14229 Northwest Boulevard; and requiring the owner, MTM Northwest Management, Ltd., to comply with the specified conditions including the dedication of a new 15- foot utility easement(2,199-square feet). WHEREAS, MTM Northwest Management, Ltd. ("Owner")is requesting the abandonment and vacation of two utility easements: a 15-foot utility easement(2,033-square feet)and a 10-foot utility easement (1,355-square feet), both out of Taylor's Best Plaza, Block 1, Lot 2, located at 14229 Northwest Boulevard, Corpus Christi, Nueces County, Texas; WHEREAS, as consideration, the Owner is required to dedicate to the City of Corpus Christi a new 15-foot utility easement(2,199-square feet) out of Taylor's Best Plaza, Block 1, Lot 2, and to comply with specified conditions; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 15-foot utility easement (2,033-square feet) and a 10- foot utility easement(1,355-square feet), subject to compliance by the Owner with the conditions specified in this ordinance, and for the City to accept a new 15-foot utility easement(2,199-square feet). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of MTM Northwest Management, Ltd. ("Owner"), a 15-foot easement (2,033-square feet) and a 10-foot utility easement (1,355-square feet) out of Taylor's Best Plaza, Block 1, Lot 2, located at 14229 Northwest Boulevard, as recorded in Volume 68, Page 669, of the Deed and Map Records of Nueces County, Texas, are abandoned and vacated by the City of Corpus Christi ("City") subject to the Owner's dedication of a new 15-foot utility easement (2,199-square feet) and compliance with the conditions specified in Section 2 of this ordinance. Exhibit'A,"which to be abandoned and vacated; Exhibit B,"which contains the metes and bounds description and field notes for the second of the two utility easements to be abandoned and vacated; Exhibit "C," which contains the graphical representation of the legal descriptions; "Exhibit A-1," which contains the metes and bounds description and field notes for the new 15-foot utility easement to be dedicated; and Exhibit"B-1,"which contains the graphical representation of the legal description pertaining to the new utility easement, are all attached to and incorporated in this ordinance by reference as if the exhibits were each fully set out in this ordinance in their entireties. SECTION 2. The abandonment and vacation of the two utility easements described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. The Owner is required to dedicate a new 15-foot utility easement (2,199- square feet)to the City, such easement as shown in Exhibits "A-1" and "B-1" and which is of equal or greater value than the property being released by the City, as consideration for the abandonment and vacation of the two utility easements described in Section 1 of this ordinance and as a express condition of this ordinance,with such new 15-foot utility easement being subject to final acceptance by the Director of Development Services, or the Director's designee, on behalf of the City without further action required by the City Council; b. The maintenance responsibilities for the two abandoned and vacated easements revert to the Owner; C. Upon approval by the City Council and issuance of this ordinance, all grants of easement closure and specified conditions must be recorded at the Owner's 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; and d. The failure of the Owner to comply with all the conditions included in this ordinance within 90 days of approval by the City Council will hereby, and without further action being required, render this ordinance null and void. 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 The foregoing ordinance was read for the second time and passed finally on this the day of 201& 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: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor MURRAY BASS, JR., P.E.,11T.L.S. 3054 S. ALAMEDA, zip 78404 NIXON M. WELSH, P.E.,R.P.L.S. 361 882-5521— FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 17,2018 17007-M&B-UE-CLO-A.doc UTILITY EASEMENT CLOSURE TRACT"A" STATE OF TEXAS § COUNTY OF NUECES § Description of a 2,033 square foot tract of land,more or less, a portion of Taylor's Best Plaza,Block 1,Lot 2. a map of which is recorded in Volume 68, Page 669,Map Records,Nueces County,Texas,said 2,033 square foot tract of land as further described by metes and bounds as follows: BEGINNING at point in said Lot 2 for the southeast or southernmost corner of the tract herein described which bears N84°34'45"W 21.22',N09°20'29"E 584.25' and N80°39'31"W 10.00'from the southeast corner of said Lot 2, THENCE N80°39'31"W 135.50' to a point for the southwest or westernmost corner of the tract herein described; THENCE N09020'29"E 15.00' to a point for the northernmost or northwest corner of the tract herein described; THENCE S80°39'31"E 135.50' to a point for the northeast or easternmost corner of the tract herein described; THENCE S09020'29"W 15.00'to the POINT OF BEGINNING,a sketch showing said 2,033 square foot tract of land being attached hereto as Exhibit"C",this description not being based on an on the ground survey F S •� • •`vii••*I � d.a I�Xon M.Welsh,R.P.L.S. :....,•.... .1 NIX OiI fill•wELSH 10 •.• 2211 �;' sua EXHIBIT "A" Page 1 of 1 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E.,R.P.L.S. 361 882-5521— FAX 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 17,2018 17007-M&B-UE-CLO-B.doc UTILITY EASEMENT CLOSURE TRACT`B" STATE OF TEXAS § COUNTY OF NUECES § Description of a 1,355 square foot tract of land, more or less, a portion of Taylor's Best Plaza,Block 1,Lot 2, a map of which is recorded in Volume 68, Page 669, Map Records,Nueces County,Texas,said 1,355 square foot tract of land as further described by metes and bounds as follows: BEGINNING at point in said Lot 2 for the southeast or southernmost corner of the tract herein described which bears N84°34'45"W 21.22',N09°20'29"E 510.22' and N80°39'31"W 10.00'from the southeast corner of said Lot 2; THENCE N80039'31"W 135.50' to a point for the westernmost or southwest corner of the tract herein described; THENCE N09°20'29"E 10.00' to a point for the northwest or northernmost corner of the tract herein described; THENCE S80°39'31"E 135.50' to a point for the northeast or easternmost corner of the tract herein described; THENCE S09°20'29"W 10.00'to the POINT OF BEGINNING, a sketch showing said 1,355 square foot tract of land being attached hereto as Exhibit"C",this description not being based on an on the ground survey. F 6ixon M.Welsh,R.P.L.S. .....@,-lose NIX OiI M.W ELSH .... ..... .... •.• 2211 �W,' suaNE{o EXHIBIT "B" Page 1 of 1 � 3 aNzi W N" ' O m�� N to S80'39'31"E o I I �Q a o UE TRACT 35 50' voi I I om z CLOSED, 2033 O BE I N80'39'31,, 135 SF 50' I N80'39'31.W 1 p,00' 1 V I I N -o w UE TRACT I ^I mco N CLO 8„ TO N o rnI U a N o S80-39'31SD; 1355 SBE N I N om co co 0 C7) E 135.Sp� o I �,I z c" ZI N80'39'31"IN 135-50' I N80'39'31"w 10.00' TAYLOR'S BEST BLOCK 1 PLAZA V. 68' P• 6LOT M R. NOTE: 'o Lo THE BASIS OF BEARINGS IS THEW v N SOUTHEAST BOUNDARY LINE OF N N C14 TAYLOR'S BEST PLAZA, BLOCK 1, 0cv o GoN LOT 2, V. 68, P. 669, M.R., 6 Z S09'15'55"W AS SHOWN Z SOUTHEAST CORNER TAYLOR' BEST PLAZA BLOCK 1, LOT 2, V. 68, P. 669, M.R. EXHIBIT "C" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTIONS CORCHRSTIH�GINEERING 1"=30' SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-UE CLOSURE, JOB NO. 17007, SCALE: 1" = 30' PLOT SCALE: SAME, PLOT DATE: 05/17/18, SHEET 1 OF 1 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E.,R.P.L.S. 361 882-5521— FAx 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 May 25,2018 17007-M&B-UE.doc UTILITY EASEMENT STATE OF TEXAS § COUNTY OF NUECES § Description of a 2,199 square foot tract of land, more or less. for utility easement. a portion of Taylor's Best Plaza, Block 1, Lot 2, a map of which is recorded in Volume 68, Page 669, Map Records, Nueces County, Texas,said 2,199 square foot tract of land as further described by metes and bounds as follows: BEGINNING at point in said Lot 2 which bears N84°34'45"W 21.22', N09"20'29"E 576.00'and N80"39'31"W 10.00'from the southeast corner of said Lot 2, said beginning point for the southeast or southernmost corner of the tract herein described; THENCE N80039'31"W 146.62' to a point for the westernmost or southwest corner of the tract herein described; THENCE N09°20'29"E 15.00' to a point for the northernmost or northwest corner of the tract herein described; THENCE S80°39'31"E 146.62' to a point for the easternmost or northeast corner of the tract herein described; THENCE S09°20'29"W 15.00'to the POINT OF BEGINNING,said 2,199 square foot tract of land for utility easement is shown in sketch attached hereto as Exhibit B-1, this description not being based on an on the ground survey. OF bixon M.Welsh,R.P.L.S. :....,•.too ' Nlxost M.viELSH ■... ..... .... • ,�0 8 L/lt�Et0 V EXHIBIT A-1 Page 1 of 1 T A Y L O R 'S BEST BLOCK LAZA p) Lu V. 68. P• 669 T M R N p I 0) p O cv O S80-39',31 rn u7 I tu I •`v U 0 39'31 »E 146.6 ° I o 0) UT/L/ 2 z EASEMENT, 2199 SF � N80•39,31 „w 146-62' N N80-39'31"W 10.00, a N F- o o) TAYLOR'Sto PLAZA BLOCK 1 AZA V. 68, P. 669 TM R. o e ai m`O 0 0 to to Li o) N O N O Z 3 !n N p, •h N O N /Z SOUTHEAST CORNER TAYLOR'S / BEST PLAZA BLOCK 1, LOT 2, V. 68, P. 669, M.R. EXHIBIT B- 1 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX 1"=30' SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-UE, JOB NO. 17007, SCALE: 1" = 30' PLOT SCALE: SAME, PLOT DATE: 05/25/18, SHEET 1 OF 1 I Easement Closures and Dedication of a New Easement for Taylor's Best Plaza, Block 1 Lot 2 (14229 Northwest Blvd) City Council Presentation June 12, 2018 Lo4gus cy'"�� Vicinity Map .Al 4 — # a �) t � ,• � a, F y, BUS� 7ytj �`C 4Q44us Cy4,r r c 'a - orthwest = Ivd .� 50' utility �' �.►, ,� easement Proposed 15' utility 10' utility easement ter'." easement closure with fire hydrant ' Propos d SIO - i ut li -_ — eae coU r G©�pUS Cy�,P r 4 i J w T�2 � •' -� Existing 10' ,,� 4 wide utility Proposed Easement Closures t - ater line, Proposed 15' and fire wide utility hydrants - easement closure i Proposed 15' - "� �`- 4Q44us cy4,r r 'a 'i and fire i t Proposed Future Property Layout Proposed 15' wide utility ,� �I I easement ��� Proposed dedication - �' 90'x135 foot ,, r climate mil � I � I it III controlled '"` IF �'�' storage --- Agri Staff Recommendations Approval SC 0 v AGENDA MEMORANDUM NCDRPGNpt EO First Reading Item for the City Council Meeting of June 12, 2018 1852 Second Reading Item for the City Council Meeting of July 17, 2018 DATE: May 14, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll(o).cctexas.com 361-826-3460 Lease Agreement with Instituto de Cultura Hispanica CAPTION: Ordinance approving a five- year lease with the Instituto de Cultura Hispanica for Lichtenstein House at 1616 N. Chaparral Street, for monthly rent of $365; with option to extend for up to three five-year terms at monthly rent $435 in second five-year term, $485 in third five-year term, and $600 in fourth five-year term. PURPOSE: Lease the Lichtenstein House to Instituto de Cultura Hispanica for up to three five-year extension options. BACKGROUND AND FINDINGS: The Instituto de Cultura Hispanica has leased the Lichtenstein House since 1998 for $300.00 per month. The new lease provides for an increase in rental payments. The premises will be utilized to provide visitors with a better understanding of the diverse cultures represented in our community through programs such as art exhibits, folkloric displays, English and Spanish recitals, cultural celebrations and fund-raising activities. ALTERNATIVES: Do not approve the lease for the Lichtenstein House. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): General Fund Comments: The Lease will go into effect upon final City Council approval. RECOMMENDATION: Approve the lease Agreement with Instituto de Cultura Hispanica. LIST OF SUPPORTING DOCUMENTS: Proposed Lease Agreement Ordinance Ordinance approving a five- year lease with the Instituto de Cultura Hispanica for Lichtenstein House at 1616 N. Chaparral Street, for monthly rent of $365; with option to extend for up to three five-year terms at monthly rent $435 in second five-year term, $485 in third five- year term, and $600 in fourth five-year term. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute a five-year lease agreement with the Instituto de Cultura Hispanica for the use of the Lichtenstein House located at 1616 N. Chaparral Street, in consideration of monthly rental payments of$365 per month; providing for options to extend for up to three additional five-year terms, with increasing rent to $435 per month in second five-year term, $485 per month in third five- year term, and $600 per month in fourth five-year term. A copy of the Agreement is on file with 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 1 LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND INSTITUTO DE CULTURA HISPANICA This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager, or his designee ("City Manager"), and the Instituto de Cultura Hispanica ("Lessee"). WHEREAS, the City is the owner of real property known as the Lichtenstein House located at 1616 N. Chaparral, Corpus Christi Texas, Lots 5 and 6, Block 70, Beach portion, a subdivision of the City of Corpus Christi, together with all improvements thereon ("Premises") as further depicted on the attached Exhibit A; WHEREAS, Lessee has requested the use of the Premises for the purpose of office space for its operations, upon the conditions and covenants contained in this Lease; and, WHEREAS, City desires to allow Lessee to use the Premises for this purpose. NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants contained herein, agree as follows: Section 1 Definitions. (A) City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. (B) City Manager means the City's City Manager or the City Manager's designee. (C) Council means the City's City Council. (D) Director means the City's Director of Park and Recreation or the Director of Park and Recreation's designee. (E) Finance Director means the City's Director of Finance or the Director of Finance's designee. (F) Lease means this lease document, including all attached and incorporated exhibits. (G) Lessee means Instituto De Cultura Hispanica. (H) Parks means the City's Park and Recreation Department. 2 (1) Premises means the Lichtenstein House located at 1616 N. Chaparral, Corpus Christi Texas, Lots 5 and 6, Block 70, Beach portion, a subdivision of the City of Corpus Christi, Texas, together with all improvements thereon. {J} Risk Manager means the City's Director of Risk Management or the Director of Risk Management's designee. Section 2. Purpose. The City does hereby lease to Lessee the Premises. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize Premises for office space for its business operations. Lessee may establish and maintain its administrative offices within the Premises and provide cultural programs for the membership and public. Lessee shall not use the Premises for any other purpose without Director's prior written approval. Section 3. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee on a five year term, effective upon final City Council approval, unless sooner terminated as set out herein. This lease may be extended for up to three additional five- year terms upon written agreement of the City Manager and Lessee, unless sooner terminated as set out herein. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT 3 DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Section 5. Lease Payments. A. For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly basis, for the initial five-year term, three hundred sixty-five dollars ($365.00) per month. B. For the second five-year term, the monthly rent increases to four hundred thirty- five dollars ($435.00) per month. C. For the third five-year term, the monthly rent increases to four hundred eighty-five dollars ($485.00) per month. D. For the fourth five-year term, the monthly rent increases to six hundred dollars ($600.00) per month. E. All rental fees are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. 0. Box 9257, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 6. Parking. No dedicated parking is provided with this Lease. Section 7. Utilities. (A) The Premises is wired for telephone service; however, Lessee shall contract separately with a telephone service provider of Lessee's choice for the provision of active telephone service, which service is to be incurred at Lessee's sole expense. (B) The Premises is wired for electrical service and has a separate electric meter. Lessee shall contract for electric service to the Premises. Lessee shall bear the cost of all electricity used at the Premises for the term of this Lease. (C) Water and sewage service is available at the Premises. City shall bear the cost of all water and sewage service by the City. (D) Should Lessee require any modification to the provision of the enumerated utilities in this section or require any additional utility service not herein covered during the term of this Lease, Lessee shall submit a request, in writing, to the Director for consideration and possible amendment of this Lease. 4 (E) Lessee shall pay for all utilities related to usage of Premises prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. Section 8. Abandonment, Interruption of Utilities, Removal of Lessee's Properly, and Lockout. Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Lessee's personal property; and (d) lock out of Lessee. Section 9. Maintenance. During the term of this Lease, Lessee will maintain, at its sole expense, the Premises and any Improvements on the Premises, including without limitation all fixtures connected therewith, and all personal property thereon. Lessee shall obtain, at its own expense, all building permits, all utility services, garbage collection, janitorial services, and similar services. City will maintain the grounds and landscaping and exterior of the building on the Premises. City will also be responsible for structural repairs such as roof, air conditioning and heat, plumbing and electrical. If no funds are budgeted, or if cost of maintenance exceeds funds budgeted, City is relieved of its maintenance obligations and Lessee must maintain the Premises grounds and landscaping the building exterior. Lessee must maintain the interior of the building including minor plumbing and electrical repairs related to usage of the building and all personal property at the Premises. Lessee must not undertake any construction without the prior written consent of the City Manager. Section 10. Furniture, Fixtures, and Equipment. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All capital construction to the Premises, such as installation of plumbing fixtures, remains the property of the City. Section 11. City Use, Hours of Operation. (A) City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. 5 (B) Lessee must be open to the public during Lessee's regular office hours for a minimum of at least 4 hours per day, 5 days per week. Within 30 days of the final City Council approval, and by each February 1 thereafter, Lessee must provide Director with written notification of Lessee's scheduled hours of operation through January 31 and provide Director of any planned special events at the Premises through January 31. (C) Lessee must post a sign outside the Premises stating the hours it is open for public inspection. Lessee will provide information to visitors concerning the history and restoration of the property. The Premises is available to the City for regularly scheduled tours as determined by the Director. The Director may schedule special events and festivals on the Premises as well as in the surrounding areas. The Director will work with Lessee to not conflict with any of Lessee's programs. (D) By each February 1, Lessee agrees to provide Director with an annual written report detailing Lessee's activities prior calendar year, and also number of visitors to the Premises. Section 12. Laws Affecting Operation of Premises and Performance. (A) Lessee shall ensure that purpose of its use of the Premises is in accordance with all applicable Federal, State, and local laws, ordinances, rules and regulations. (B) Lessee shall bear the expense and responsibility of meeting all requirements for acquiring all applicable licenses and permits related to its operations. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. Section 13. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 14. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 15. Insurance. b (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Exhibit"B", which is incorporated in this Lease by reference. (B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. Lessee agrees to notify Lessor of any substantive change to its insurance coverage. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if reasonably necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. (D) In the event of any necessary increase, Lessee shall receive ninety (90) days written notice prior to the effective date of the requirement to obtain increased coverage. In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 19(a), as contained herein. (F) The City carries the property and flood insurance on the building. Lessee is responsible for insuring its own contents. Section 16. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (9) Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by indemnitees or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to City, and pay all charges of attorneys and all other costs and expenses of any tkind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. Such indemnity provisions contained in this Section 16 herein apply to the extent insurance (as approved by City in Section 15) may apply for protection of the City and Lessee. Section 17. Alterations. A. Lessee agrees not to harm the Premises beyond normal wear and tear. B. Lessee shall not make any alternations or construction at the Premises without the prior written approval of the Director. C. All alterations, improvements, and additions made by the Lessee upon said Premises, which are permanent in nature, even if made at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation hereof, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually and financially responsible for repairing any and all damage caused by such removal. If items are installed in such a manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property of the City. Section 18. Signs. (A) Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the Director's prior written approval. (B) City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of Director's written demand, City may do or cause the work to be done, and Lessee will pay City's costs within thirty (30) days of receipt of Director's invoice. 8 If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 19. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises or any part thereof without obtaining the prior written consent of the City. Lessee shall not, in whole or in part, assign or transfer directly or indirectly this Lease unless prior written approval has been obtained from the City. Written consent or approval shall not be unreasonably withheld by City. Section 20. Default and termination. (A) The following constitute Events of Default under this Lease: (i) failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. (B) Upon the occurrence of any Event of Default, the City may, at its option, in addition to any other remedy or right given hereunder or by law: (i) give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than thirty (30) days after the giving of such notice. (C) Lessee may terminate this Lease by giving the City Manager at least 90 days prior written notice of termination, in which case all obligations on the part of Lessee also terminate as of the date of termination, if the property is returned in same or better condition as upon the date this Lease becomes effective, normal wear and tear excepted. If the property is not in such condition, Lessee must repair the property to such condition within 60 days after termination of this Lease. Section 21. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. Section 22. Notice. (A) All notices, demands, requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; or (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. 9 (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. (C) All these communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Instituto de Cultura Hispanica Park and Recreation Department P. O. Box 9277 P.O. Box Corpus Christi, Texas 78469-9277 Corpus Christi, TX 78401 Attn: Director of Park and Recreation Attn: (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 23. Nondiscrimination. Lessee covenants and agrees that it shall not unreasonably discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Section 24. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 25. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. Section 26. Surrender. 10 Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. Section 27. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 28. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 29. Casualty. If the Premises become damaged due to weather event, fire, or other natural or man- made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party, without penalty. Section 30. Removal of Property upon Termination.. It is Lessee's responsibility to remove its personal property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease, and Lessee shall pay said invoice within thirty (30) days of receipt. Section 31. Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if 11 required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretarylconflict-disclosure/index. Section 32. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 32. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable, will be added to this Lease automatically by the Court construing such clause or provision to be invalid. EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Margie C. Rose City Secretary City Manager 12 LESSEE: INSTITUTO DE CULTURA HISPANICA N e: C Date: APPROVED AS TO LEGAL FORM this day of , By: Lisa Aguilar Assistant City Attorney for City Attorney 13 EXHIBIT INSURANCE I. LESSEE AND LESSE'S CONTRACTOR'S LIABILITY INSURANCE A. Lessee and Lessee's 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 to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee and Lessee's Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence- aggregate policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 1$500,000/$500,000 14 C. In the event of accidents of any kind related to this lease agreement, Lessee and Lesse's 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, Lessee and Lessee's 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 Lessee and Lessee's Contractor will be promptly met. B. Lessee and Lessee's Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee and Lessee's 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. Lessee and Lessee's 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. Lessee and Lessee's 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. Lessee and Lessee's 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; 15 • 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, Lessee and Lessee's Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee and Lessee's 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 Lessee and Lesseee's 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 Lessee and Lessee's Contractor to stop work hereunder, until Lessee and Lessee's Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee and Lessee's Contractor may be held responsible for payments of damages to persons or property resulting from Lessee and Lessee's Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee and Lessee's 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. se GO O Va. U AGENDA MEMORANDUM First Reading Item for the City Council Meeting of June 12, 2018 Nc1852Ev Second Reading Item for the City Council Meeting June 19, 2018 DATE: May 15, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities Dane c(D.cctexas.com (361) 826-1718 6 month Extension for Lease Agreement for Lake Corpus Christi Campground CAPTION: Ordinance authorizing lease extension with Kamping Pleasures, Inc. for up to 6 months to operate a 40-acre campground on Lake Corpus Christi, for $1500 monthly rent or 8% of gross sales, whichever is greater. PURPOSE: The Water Utilities Department seeks approval to enter into lease extension for up to six (6) months so that negotiations can be completed for a longer term lease agreement with Kamping Pleasures, Inc. (Lessee) for the parcel and improvements located on the North side of Lake Corpus Christi off of County Road 3024 on County Rd 371. BACKGROUND AND FINDINGS: Legal and Water Utilities Staff have been working with current lessee since December of 2017 to finalize terms and conditions for a new lease agreement. The current lease agreement expires in July 2018 and in order to prevent a lapse in the lease, an extension for up to 6 months is being requested. Kamping Pleasures, Inc. has been leasing 40 acres of City property on Lake Corpus Christi for over 47 years. The Lessee is responsible for all campground improvements and maintenance. Currently operating under the name of `Mustang Hollow Campground', the site amenities include tent and RV sites, cabins and cottages, year-round pool, outdoor kitchen, snack bar and wi-fi. ALTERNATIVES: Do not extend lease. 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: Water Utilities Department - Wastewater FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): n/a Comments: This item will not have an impact on the operating expenditure or revenue budget. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Extension Agreement with Kamping Pleasures, Inc. Ordinance authorizing lease extension with Kamping Pleasures, Inc. for up to 6 months to operate a 40-acre campground on Lake Corpus Christi, for $1500 monthly rent or 8% of gross sales, whichever is greater Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute an extension for up to 6 additional months of the Lease Agreement with Kamping Pleasures, Inc. for the lease of 40 acres out of the Mary B. Kelvin survey in Live Oak County, on the North side of Lake Corpus Christi, in consideration of quarterly rental payment of$1,500.00 or 8% of gross sales, whichever is greater. 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 Agreement to extend the Lease with Kamping Pleasures, Inc. for up to six months Whereas, the City of Corpus Christi (City) and Kamping Pleasures, Inc. (Lessee) entered into a Lease, authorized by Ordinance No. 023384, to allow operation of a campground and related activities on land owned by the City for a period of ten (10) years beginning on July 24, 1998, and renewable for two (2) additional five (5) year terms Whereas,the second five-year renewal expires July 24, 2018; Whereas, the parties are in process of negotiating a new long-term lease and desire to extend the term on a month to month basis for up to 6 months to allow for conclusion of the negotiations; Now, therefore, the parties agree as follows: 1. Upon full execution of this Agreement, the Lease between the City and the Lessee authorized by Ordinance No. 023384 as amended by Renewal Agreement No. 1 and Renewal Agreement No. 2 is extended on a month-to-month basis for up to 6 months, effective as of July 24, 2018. 2. The monthly rent to be paid by Kamping Pleasures shall be the greater of $1500 or 8% of gross sales for the prior 30 day period. The first month's rent is due in advance on July 24 2018. Subsequent rents are due on the 24'h of each month. 3. Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govemment/city- secretary/conflict-disclosure/index. 4. This Agreement may be terminated upon thirty days' written notice or upon the effective date of a new agreement between the parties, whichever event occurs first. 5. All other terms, conditions and requirements of the Lease as amended remain unchanged throughout the extension. Agreed to by: KAMPING PLEASURES, INC. By: Robin Sargent, President Kamping PI `/as es, Inc. S Date: !fi� CITY OF CORPUS CHRISTI By: Margie C. Rose City Manager Date: Approved as to form: By: Lisa Aguilar,Assioa t City Attorney For the City Attorney SC GO v AGENDA MEMORANDUM /rycnnpasp`1 First Reading Ordinance for the City Council Meeting of June 12, 2018 1852 Second Reading Ordinance for the City Council Meeting of June 19, 2018 DATE: May 11, 2018 TO: Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation FredS�cctexas.com (361) 289-0171 ext. 1213 Authorize lease agreement with United States Coast Guard (USCG)to construct additional parking lot and storage area at Corpus Christi International Airport in support of USCG Air Station- Corpus Christi. CAPTION: Ordinance authorizing a lease with the U.S. Coast Guard for 1 .61 acres to construct a parking lot and storage area at Corpus Christi International Airport, with a term of up to five years, in exchange for a monthly lease payment of $469.69. PURPOSE: The agreement sets out the terms and conditions between the City of Corpus Christi and USCG to lease 1 .61 acres of land on airport. The lease term is for up to a five year period (to be divided into and may be exercised as a three-month term, followed by four optional one-year terms and one nine-month term), in exchange for a monthly lease payment of $469.69. The leased airport property will be used for the construction of additional parking and storage area across from Sector Headquarters on Glasson Road. BACKGROUND AND FINDINGS: The USCG officially dedicated its Sector/Air Station Corpus Christi Headquarters located on airport property on March 2, 2018. The USCG Corpus Christi Sector carries out its' mission 24 hours a day, 365 days a year up and down the Texas Gulf Coast from Brownsville to Port O'Connor and in a variety of waterways. The mission includes search and rescue, law enforcement, Ports and Waterways Security, maritime Safety, Drug and Migrant Interdiction and Marine and Environmental protection. The General Services Administration (GSA) and USCG jointly worked on the design and construction of the USCG facility. The facility includes parking for approximately 200 vehicles. The USCG has determined that additional parking spaces are needed. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: N/A EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: ® Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP onl Current Year Future Years TOTALS Line Item Budget $9,373,227 $9,373,227 Encumbered / Expended Amount 0 0 This item (additional revenue) $5,636 $5,636 BALANCE $9,378,863. $9,378,863. Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement with Exhibits Ordinance authorizing a lease with the U.S. Coast Guard for 1.61 acres to construct a parking lot and storage area at Corpus Christi International Airport, with a term of up to five years, in exchange for a monthly lease payment of $469.69. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a lease with the U.S. Coast Guard for approximately 1.61 acres to construct a parking lot and storage area at Corpus Christi International Airport, with a lease term of up to five years (to be divided into and may be exercised as a three-month term, followed by four optional one- year terms and one nine-month term), in exchange for a monthly lease payment of $469.69. 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 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: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor STANDARD FORM 2 --EB FFFFF 15 U.S. GOVERNMENT LEASE FOR REAL PROPERTY ::p- : _--11-J)1 DATE OF LEASE LEASE No. ----82iEI=0021 Corpus Christi Intl Airport Parking Lot THIS LEASE, made and entered into this date by and between the City of Corpus Christi, acting by and through the Director of Aviation of the Corpus Christi International Airport, (hereinafter called the "Lessor"), whose address is 1000 International Drive, Corpus Christi, Texas 78406 and whose interest in the property hereinafter described is fee simple, as that of Owner, and the UNITED STATES OF AMERICA, acting by and through a duly authorized official of the Department of Homeland Security, the United States Coast Guard, (hereinafter called the"Government"): WITNESSETH: The parties, hereto for the consideration hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises, hereinafter referred to as the "Premises". Certain parcel of land of 1.61 acres, together with the improvements there on, bearing a street address of 200 Block of West Glasson Drive Corpus Christi TX 78406, further described as (centered) latitude 27.783085 with a longitude of- 97.509414 near adjacent to USCG Sector Corpus Christi TX, as shown in the attached and incorporated Exhibit A. The Government shall have unrestricted 24 hour access to the Premises parking lot 365 days per year. The Lessor shall provide 24 hours point of contact for any after-hour business activity. The Government shall contact Corpus Christi International Airport dispatch at 361-289-0171 ext 1258 with any after-hours request. 2. TO HAVE AND TO HOLD the said Premises with their appurtenances for the term beginning on July 1st , 2018, through September 30,2018, subject to termination and renewal rights as may be hereinafter set forth. OPTION. Subject to availability of funds,this Lease may, at the option of the Government be renewed annually(fiscal year)through June 30,2023. The Federal Fiscal Year(FY)runs 01 October to 30 September annually. The Government option shall be deemed exercised and the Lease renewed each year for one (1)year, with the last optional renewal period being nine (9)months in length, to the maximum term outlined provided notice is given in writing to the Lessor at least thirty(30)days before the end of the original lease term. All other terms and conditions of this Lease shall remain the same during the renewal term, unless otherwise agreed to by all parties with signed Supplemental Agreement to this Lease. 3. Rent payments shall be paid by electronic funds transfer and shall be made payable to: Corpus Christi International Airport.All rents are subject to Congress granting annual appropriations. 4. Rental payments shall be paid by: US Coast Guard Finance Center, 1430A Kristina Way, Chesapeake, Virginia 23326-1728. For help or assistance contact Customer Service at 800-564-5504 or 757-523-6940. 5. The Government shall pay Lessor annual rent in the amount of$5,363.28 at the rate of$469.69 per month, payable in advance. Rent for a lesser period shall be prorated. The Federal Fiscal Year(FY)runs 01 October to 30 September annually.An annual 3%escalation clause shall be authorized at the beginning of each FY commencing on October 1, 2023. 6. NOTICE. The Government may terminate this Lease by giving at least 90 days advance notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing from the date of receipt of termination notice. 7. This Lease will continue (14 U.S.C. §92f)with the same terms and conditions, unless and until the Government shall give notice of termination in accordance with paragraph 6, provided that adequate appropriations are available from year to year for payment of rentals, and provided further that this Lease shall in no event extend beyond September 30th, 2038. 8. TAX IDENTIFICATION. All leases must include either a nine-digit Federal Tax Identification number or a Social Security Number. Please indicate below: Name of Lessor: City of Corpus Christi Tax ID Number: Tax-Exempt-(municipal government)74-6000574 1 Telephone Number: 361-289-0171 9. ELECTRONIC FUNDS TRANSFER. The Government will make payments under this Lease by electronic funds transfer(EFT). After award, but no later than 30 days before the first payment, the Lessor shall designate a financial institution for receipt of EFT payments, and shall submit this designation via internet by completing the EFT form at https://www.fincen.uscg.mil/secure/enrollment_form.htm in accordance with paragraph 4. a. In the event the Lessor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using EFT procedures, notification of such change and the required information specified in 4, above must be received by the appropriate Government official no later than 30 days prior to the date such change is to become effective. b. The documents furnishing the information required in this clause must be dated and contain the signature,title, and telephone number of the Lessor or an authorized representative designated by the Lessor, as well as the Lessor's name and lease number. c. Lessor's failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. d. Lessor is responsible for keeping their Systems for Awards Management (SAM) current. In the event that the Lessor's SAM expires, the Government will cease making payments under this Lease until the Lessor renews the SAM registration. This will apply to all payments that the Government is required to make under this Lease, and no interest shall accrue as the result of such non- payment. Lessor may access SAM registration electronically at www.sam.gov. 10. PROMPT PAYMENT(SEP 1999). The Government will make payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is made. All days referred to in this clause are calendar days, unless otherwise specified. 11. INTEREST PENALTY. An interest penalty shall be paid automatically by the Government, without request from the Lessor, if payment is not made by the due date and Lessor has an electronic funds transfer(EFT)on file. The interest penalty shall be at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. §611)that is in effect on the day after the due date. This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the payment amount approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment date. Interest penalties will not continue to accrue after the filing of a claim for such penalties under the Disputes clause, or for more than 1 year. Interest penalties of less than $1.00 need not be paid. Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable,will be resolved in accordance with Disputes clause 52.223-1. (see para 34) 12. COMPLIANCE WITH APPLICABLE LAW. The Lessor shall comply with all Federal, state and local laws applicable to the Lessor as owner or lessor, or both, of the Premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. The Government will comply with all Federal, state and local laws applicable to and enforceable against it as a tenant under this lease; provided that nothing in this lease shall be construed as a waiver of any sovereign immunity of the Government. This lease shall be governed by Federal law. 13. IMPROVEMENTS. Government has the right to improve the Premises site to construct a paved parking lot to accommodate vehicles and storage. Improvements will include construction of a paved parking lot and improvements to accommodate sidewalks,storm drainage, pedestrian walks,fencing and lighting or any other improvements normally required for construction in similar scope and design. Government shall require its contractors and subcontractors to obtain and maintain in force for the duration of the construction project all necessary payment and performance bonds as required by Texas law and in a form acceptable to Lessor, acting by and through its Director of Engineering or his/her designee. 14. DISPOSITION OF IMPROVEMENTS. The Government shall have title to all improvements, placed or erected on the leased property, and the right to dispose of such improvements by abandonment, sale, removal or offsite use upon revocation, expiration or surrender of this Lease. 15. MAILING. Mailing refers to Certified Mail with a return receipt and the date of acceptance being the start date. 16. CHANGE OF OWNERSHIP NOTIFICATION. Lessor will notify Government within thirty(30)days of any transfer of ownership of the described property; or change in payment mailing address. 17. SUCCESSORS BOUND. The Lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, and successors. 18. INDEMNIFICATION. The Government, in the manner and to the extent provided by the Federal Tort Claims Act(28 U.S.C. § 2671-2680),as amended),shall be liable for,and shall hold the Lessor harmless from claims for damage or loss of property,personal injury or death caused by the acts or omissions of the Government, its officers, employees and agents in the use of the leased remises. 2 19. UTILITIES. The Government shall be responsible for all utilities required for this site's current or future use required to operate and maintain necessary functions of real, personal property, equipment or systems required. 20. INGRESS/EGRESS. Lessor hereby grants to the Government, its contractors and other duly assigned personnel, unrestricted access to the parking lot for the right of ingress and egress (both vehicular and pedestrian) necessary or convenient for the installation, use, maintenance, repair,operation,and replacement of Government-owned communication equipment across Lessor's property. 21. GOVERNMENT INSPECTION. The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased property to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease. 22. PERFORMANCE FAILURE. If Lessor fails to cure or remedy any failure to perform any service, to provide any item, or meet any requirement of the lease within thirty (30) days of Government's written notice to Lessor, Government may deduct any cost incurred for the service or item, including administrative costs,from rental payments or Government may perform the service,provide the item, or meet the requirement, either directly or through a contract. 23. ANTI-DEFICIENCY ACT (31 U.S.C. § 1341, as amended). Nothing in this Lease shall constitute an obligation of funds of the United States in advance of an appropriation thereof. 24. INSURANCE. The Government is a self-insured entity. 25. TAXES AND ASSESSMENTS. The Government is not responsible or liable for any real property or personal property taxes, personal taxes, nor assessments levied or assessed upon or against the leased premises. 26. CONDITIONS OF USE. The Government is responsible for meeting all applicable Federal, State and local safety and other codes, and for obtaining all applicable Federal, State, and local permits, licenses, or other authorization required for operation of its equipment. 27. EQUIPMENT INSTALLATIONS, MAINTENANCE, INTERFERENCE,AND REMOVAL. The Government is solely responsible for all costs connected with the installation and maintenance of all Government-owned equipment located on the Leased premises. Installation and operation of Government equipment shall be done according to applicable government codes and accepted industry standards. 28. WARRANTY. Lessor makes no warranty, express or implied, as to the suitability of the leased premises for the Government's intended use or purpose and expressly disclaims any such warranty. Lessor does not guarantee an uninterrupted continuous electrical power supply to the leased premises. Government acknowledges that there may be periods of electrical power outages to the leased premises from time to time, and Government fully accepts the risks and consequences caused by such outages. 29. SUBLETTING/ASSIGNMENT. Government may not sublet or assign the leased premises. 30. SEVERABILITY. If any term or provision of this Lease is held invalid or unenforceable,the remainder of this Lease shall not be affected thereby and each term and/or provision hereof shall be valid and enforced to the fullest extent permitted by law. 31. DISPUTES (DEC 1998). This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. § 601-613). Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. a. "Claim", as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right,the payment of money in a sum certain,the adjustment or interpretation of contract terms,or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph (b)(2)of this clause. A voucher, invoice,or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. b. (1)A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. Contracting Officer. (2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (ii)The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii)The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." (3)The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. 3 c. For Contractor claims of$100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over$100,000, the Contracting Officer must,within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. d. The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. e. If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative disputes resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offe r. f. The Government shall pay interest on the amount found due and unpaid from(1)the date that the Contracting Officer receives the claim(certified, if required), or(2)the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications,as defined in FAR 33,21, interest shall be paid from the date that the Contracting officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided for in the Act,which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. 32. LEASE ADMINISTRATION AND POINTS OF CONTACT. Administration of subject lease will be accomplished by: Commander, U. S. Coast Guard, Civil Engineering Unit Miami, Attn: Real Property, 15608 SW 117th Avenue, Miami, FL 33177. U.S. Coast Guard Real Property Specialist Mr. Jeffrey Reyes, email: Jeffrey.Reyesauscg.mil, phone (305) 278-6805. Lessor's contact: Mr. Fred Segundo, Director of Aviation, 1000 International Drive, Corpus Christi TX 78406, Email: FSegundo@CCTexas.com, phone 361-289-0178 Ext. 1213. 33. ASSIGNMENT OF CLAIMS (JAN 1986). a. The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. § 3727, 41 U.S.C. § 15 (hereafter referred to as "the Act"), may assign its right to be paid amounts due or to become due as a result of the performance by contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. b.Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party,except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. c. The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract)or information related to work under this contract until the Contracting Officer authorizes such in writing. (i)When the date for commencement of rent falls on the 15th day of the month or earlier,the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. (ii)When the date for commencement of rent falls after the 15th day of the month, the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent is effective. 34. This lease incorporates by reference the applicable clauses in insert GSA Form 35176,with the same force and affect as if they were given in full text. Upon request, the Government will make the full text available or the full text may be found at http://www.gsa.gov/leasingform. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: BY _ (Signature) (Official title) IN PRESENCE OF: BY (Signature) (Address) UNITED STATES OF AMERICA DEPARTMENT OF HOMELAND SECURITY/US COAST GUARD BY (Signature) Official title STANDARD FORM 2 FEBRUARY 1965 EDITION 5 X; r 1111114111111 - ---- — - � is PROPOSED OVERFLOW PARKING LOT AND STORAGE AREA 192 PARKING SLGTS-70,132 SF X1.61 Acres) USCG s I I I I � _ - WEST GA L EXHIBIT A - USCG Development CCIA—M se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of June 12, 2018 1852 Action Item for the City Council Meeting of June 19, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM: Annette Rodriguez, MPH, Director of Public Health AnnetteR(a�cctexas.com (361) 826-7205 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Service Agreement for Document Imaging of Vital Records for the Corpus Christi- Nueces County Public Health District CAPTION: Ordinance appropriating $250,000 from the Vital Statistics Record Retention Committed Fund Balance in the General Fund; amending the budget; and authorizing a six-month service agreement with MCCi, of Tallahassee, Florida, for document imaging of vital records for the Corpus Christi-Nueces County Public Health District for a total amount not to exceed $250,000, via BuyBoard cooperative. PURPOSE: This item is to approve service agreement for the document imaging project for Vital Records. BACKGROUND AND FINDINGS: Vital records are currently housed in the Vital records and Statistics at the Health District. Because of the aging condition of these vital documents, it is necessary to digitize records dating from 1950-2001 to retain and preserve these historical vital records that are at risk of being destroyed, lost, or damaged by natural and man-made exposures. There are an estimated 550,000 records that need to be digitized. This services is being procured through the Local Government Purchasing Cooperative dba BuyBoard which provides increased buying power for the City. The service agreement is for an amount up to $247,500 with a contingency of up to $2,500 for unforeseen expenses, with a total amount not to exceed $250,000. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Vital Statistics FINANCIAL IMPACT: Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $250,000.00 $0.00 $250,000.00 Encumbered / Expended Amount $.00 $.00 This item $250,000.00 $0.00 $250,000.00 BALANCE $.00 $0.00 $.00 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Ordinance appropriating $250,000 from the Vital Statistics Record Retention Committed Fund Balance in the General Fund; amending the budget; and authorizing a six-month service agreement with MCCi, of Tallahassee, Florida, for document imaging of vital records for the Corpus Christi-Nueces County Public Health District for a total amount not to exceed $250,000, via BuyBoard cooperative. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $250,000.00 are appropriated from the Vital Statistics Record Retention Committed Fund Balance in the No.1020 General Fund for document imaging of vital records for the Corpus Christi — Nueces County Public Health District. SECTION 2. The FY2017-18 Operating Budget adopted by Ordinance No. 031255 is amended to increase expenditures by $250,000.00. SECTION 3. The City Manager, or designee, is authorized to execute all documents necessary with MCCi, of Tallahassee, Florida, to approve a six-month Service Agreement for document imaging of vital records for up to $247,500.00, based on the cooperative purchasing agreement with Local Government Purchasing Cooperative dba Buyboard, and to include payment of an additional contingency amount of up to $2,500 for possible unforeseen expenses, for a total amount not to exceed $250,000.00. 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 OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION DOCUMENT IMAGING OF VITAL RECORDS BUYER: MINERVA ALVARADO BUYBOARD CONTRACT: 465-14 MCCi TALLAHASSEE, FLORIDA ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Document Imaging $247,500.00 1 $247,500.00 Contingency $2,500.00 1 $2,500.00 TOTAL $250,000.00 SC 0 > SERVICE AGREEMENT NO. 1726 U Document Imaging of Vital Records for Corpus Christi- 1852 Nueces County Health District THIS Document Imaging of Vital Records for Corpus Christi-Nueces County Health District Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and MCCi ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Document Imaging of Vital Records for Corpus Christi-Nueces County Health District 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 Document Imaging of Vital Records for Corpus Christi-Nueces County Health District ("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 $250,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Antwine Charles Health Department 361 .826.7324 AntwineC@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: Antwine Charles Public Health Administrator 1702 Horne Road, Corpus Christi, Texas 78416 361 .826.7324 Fax: 361 .826.1343 IF TO CONTRACTOR: MCCi Attn: Russell Haddock Territory Leader P.O. Box 2235, Tallahassee, Florida 32316 800.342.2633 Fax: 850.564.7496 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 2 Signature: r Printed Name: Donny Barstow Title: President Date: 5.23.2018 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 l : 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 SCANNING SOLUTION SCOPE OF SERVICES AND PROJECT PRICING The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy/electronic documents to be converted. PROJECT SCOPE -All estimates are based on information provided by the Client General Description Document Size: Regular up to 11"x 17" Department: Corpus Christi- Nueces County Public Health District Document Types: Vital Records(Birth/Death) 1950-2001 Document Count: Estimated 550,000 Total Documents. *Corpus Christi estimates that 75916 of the documents are one page each (412,500). The remaining 25916 is estimated to average 2 pages each(137,500). Image Count: 412,500 Documents at 1 page each =412,500 images 137,500 Documents at 2 pages each =275,000 images Total Image Count=687,500 images • Document Preparation: Current Storage Method: File Folders Condition of documents: Good Condition • Image Processing & Indexing DPI & Color: 300 DPI, Black&White Number of Index Fields: Up to 5 Fields(Document name counts as an index) Total Index Fields = 2,750,000 Document Naming Convention: Fields to be Indexed: First Name, Last Name, Date of Birth, Date of Death, Maiden Name Optical Character Recognition: Not Included-OCR can be completed on the City's Laserfiche system upon import. MCCi will assist with this import process. Image Output Method of Delivery: Removable Hard Drive Output Type Laserfiche Briefcase • Material Handling Logistics: Onsite Scanning Terms: MCCi will provide all hardware equipment and personnel to complete the onsite scanning. Project assumes Corpus Christi can provide space for up to 4 people, 2 computers, and 2 scanners or 1 large scanner. MCCi also request the City provide 2 large prep tables,4 chairs, internet access, power, and parking. Page 1 of 1 Attachment B: Bid/Pricing Schedule PROJECT PRICING Project I - Conversion of Documents $247,500.00 estimated cost Excess Images C $0.24 Contingency Amount $2,500.00 Total $250,000.00 BuyBoard Pricing: The pricing and terms in this contract are derivative of the "Not-To- Exceed" digitization rates that were competitively sourced through the BuyBoard's Document Scanning Services contract #465-14. The rates and terms listed are based upon the complexity and volume of the project(s) outlined in this contract. Page 1 of 1 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 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 and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 ERRORS & OMISSIONS $1 ,000,000 Per Occurrence $1 ,000,000 Aggregate 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 Page 2 of 3 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing - Health Dept. MCCI Document Imaging of Vital Records 05/14/2018 sw Risk Management Bond not required for this service Page 3 of 3 Attachment D: Warranty Requirements Any corrections such as rescans or indexing changes must be brought to MCCi's attention within 90 days of the date that MCO delivers the data to the Client. Corrections will not be made after 90 days. MCO has included scanning preparation in this proposal; however; reprep is not included. The records will be placed back in boxed in the order received but will not be bound or clipped back together. Corpus Christi indicated a desire to store these offsite, thus not needing access to them and relying on the digital images for day to day use. Page 1 of 1 SC o� Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of June 12, 2018 1852 Action Item for the City Council Meeting of June 19, 2018 DATE: May 29, 2018 TO: Keith Selman, Interim City Manager THRU: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361-826-7205 FROM: William Milan Uhlarik, Assistant Director of Public Health williamu2@cctexas.com 361-826-1348 Vital Records Agreement with DSHS that allows the Health District to access the DSHS Vital Event Electronic Registration System to issue individual birth certificates for the period 9/1/2018 through 8/31/2023. CAPTION: Motion authorizing a five-year contract with the Department of State Health Services (DSHS) to provide the Corpus Christi-Nueces County Public Health District access to the DSHS Vital Event Electronic Registration System to issue individual birth certificates for$1.83 per printed record. PURPOSE: The contract with DSHS allows the CCNCPHD to access the DSHS Vital Event Electronic Registration System for issuing individual certified, short-form birth certificates to customers requesting them from the Vital Records Office of the CCNCPHD who were born within the State of Texas. BACKGROUND AND FINDINGS: This contract with DSHS formalizes an agreement to provide the CCNCPHD access to the State database to obtain and print a copy of a short form birth certificate for a fee of$1.83 per copy for a person requesting one who was born in the State of Texas. The fee of$1.83 is deducted from the $23.00 birth certificate issuance fee, and is paid to DSHS. A fee of $1.80 is also deducted from each fee of $23.00 collected for issuing birth certificates to persons born in the State of Texas, and the $1.80 fees are also remitted to the State Comptroller to cover State administrative costs. The current Health District fee for a birth certificate is $23.00; death certificate, $21.00; duplicate death certificate, $4.00; and plastic cover, $2.00. These fees are set by the DSHS Program Vital Statistics Unit. From each death and birth certificate fee sale, DSHS requires the CCNCPHD to reserve $1.00 in order to build and maintain an electronic record retention database to archive and preserve the historical patrimony of birth and death records of those who were born and died in the City of Corpus Christi. DSHS also requires all other Vital Records Offices statewide to do the same for their own records. ALTERNATIVES: Discontinue the public service of providing certified copies of birth certificates by the Vital Statistic Office of the Corpus Christi-Nueces County Public Health District for persons requesting them who were born outside of the City of Corpus Christi OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Council action required to approve execution of agreement. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures Current Year Future Years TOTALS 2018-2019 (CIP only) (Estimated) (Estimated) (Estimated) Line Item Budget Encumbered / Expended Amount This item 34,343.46 137,373.84 1711717.30 BALANCE $34,343.46 $137,373.84 $171 ,717.30 Fund: FY2016-2017 Vitals Records Total Revenue (Fund 1020) October 1, 2016 thru September 30, 2017 Category Fee Counts Revenue Birth Certificates* $23.00 1®❑0 EE3 X0.00 Death Certificates* $21.00 1,324 27,804.00 Death Certificates Copies $4.00 215511 10,224.00 Plastic Sleeves $2.00 18,988.00 Sub-Total: 32,414 $494,936.00 Category Fee CountsRevenue Due to State Remote Per Remote Birth $1.83 2,382t EM35❑OEll Certificate) Due to State Comptroller (Per Manual & EZNET Birth Certificate) $1.80 1 EIE58 1112 HIS 11 CO❑ Sub-Total Due to State & Comptroller: 1®CO 1113 113 E3.FM Total: $460,592.54 Retention Fee * $1.00 20®m $20,364.00 *DSHS requires $1 of each fee collected to issue a birth certificate & death certificate (does not include copies or plastic sleeves) is reserved to build and maintain an electronic record retention database to archive and preserve the historical patrimony of birth and death records of those who were born and died in the City of Corpus Christi. Comments: The Vital Records Office receives revenue for issuing birth certificates to individuals requesting them who have been born outside of the City of Corpus Christi, and a fee of$1.83 is deducted from each $23.00 fee collected to pay DSHS for the DSHS Vital Event Electronic Registration System. The collected DSHS fees are deposited directly into a liability account for payment to the DSHS. RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Contract Number: HHSREV100000815 Contract Number: HHSREV100000815 DEPARTMENT OF STATE HEALTH SERVICES Contract number HHSREV 100000815 (the"Contract"), is entered into by Department of State Health Services("DSHS")Vital Statistics Section and Corpus Christi-Nueces County Public Health District(City)("Contractor"). DSHS and Contractor are collectively referred to herein as the"Parties." I. Purpose of the Contract. DSHS agrees to provide access to the DSHS Vital Event Electronic Registration System for the purpose of issuing individual birth certificates. 1:1. Term of the Contract. This Contract will begin on September 1,2018 and end on August 31,2023. III. Authority. The Parties enter into this Contract under the authority of Texas Health and Safety Code Chapter 191 and Texas Government Code Chapter 791. IV. Statement of Work. A. DSHS agrees to provide on-line computer services in support of Contractor from 7:00 a.m. to 6:00 p.m. (CST) Monday through Friday, except holidays. In the event of an emergency or computer application error, DSHS may temporarily suspend services without advance notice. B. Contractor may search DSHS databases, locate data, and issue Certifications of Birth to authorized individuals requesting such data. The certifications will be in a format formally approved by DSHS. Contractor will take reasonable efforts to ensure use of the DSHS Vital Event Electronic Registration System is not abused by its staff. Abuse of the access to confidential information in the DSHS Vital Event Electronic Registration System may be cause for termination of this Contract in accordance with Section IX.K. C. Contractor will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note"paper, as specified by DSHS. DSHS will assist in connection of the equipment, furnish software program and provide technical assistance, if necessary. D. Contractor will complete the DSHS Vital Event Electronic Registration System registration forms as specified by DSHS. Contractor will remain in compliance with any requirements specified by DSHS for accessing the DSHS Vital Event Electronic Registration System. Contractor will not be required to pay an additional fee pursuant to this Subsection. VSS Remote Birth Access Page 1 Contract Number: HHSREV100000815 E. Contractor acknowledges that records may not be located in the searching process instituted by Contractor, or records which are located may have errors due to: 1. Normal key-entry errors in spellings; 2. Accidental failure on the part of the DSHS to update a file for an amendment or paternity determination;and 3. The event year does not exist on the system. F. Contractor will notify DSHS in writing,at least monthly of errors or suspected errors that exist on the database information. G. Contractor is to maintain an inventory control and account for each document produced on"bank note"paper,including voided documents. H. Contractor will issue Certificates of Birth utilizing remote access to the DSHS system in conformance with Health and Safety Code Chapters 191, 192 and 195,as well as 25 Tex. Admin. Code Chapter 181. I. The Parties are required to comply with all applicable state and federal laws relating to the privacy and confidentiality of this data and records,which includes Texas Government Code Section 552.115. J. The Parties will use confidential records and information obtained under this Contract only for purposes as described in this Contract and as otherwise allowed by law. V. Fees. Contractor agrees to pay DSHS ONE DOLLAR AND EIGHTY--THREE CENTS($1.83) for each Certification of Vital Record printed as a result of searches of the database. Contractor agrees to charge the same base search fee for a birth certificate as DSHS. Additional fees may only be charged as authorized by Texas Health and Safety Code Chapter 191 and 25 Tex. Admin. Code Chapter 181. VI. Billina. A. DSHS will send an itemized billing to Contractor on a monthly basis for each Certification of Birth printed. This billing will be sent through the U.S. Postal Service to the Contractor at: Name: City of Corpus Christi Address: P.O. Box 9727 Corpus Christi,TX 78469 B. Contractor will direct any billing inquiries either by phone to 512-776-7206 or email to vsubusinessservicesna,dshs.texas.eov. VSS Rcmw Binh Access Page Contract Number: HHSREV100000815 VII. Payment Method. A. Contractor will remit payment to DSHS within thirty days after a billing is received by them. Payment by the Contractor will be considered made on the date postmarked. B. Contractor will send payments to DSHS at: Texas Department of State Health Services Cash Receipts Branch MC 2096 P.O.Box 149347 Austin,TX 78714-9347 C. Contractor will make payment to DSHS out of its current revenues. VIII. Representatives.The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. City of Corpus Christi DSHS City of Corpus Christi Texas Department of State Health Services Public Health Services Contract Management Section Attn: Annette Rodriguez Attn:Tina Walker Mail Code 1990 P.O.Box 9727 P.O.Box 149347 Corpus Christi,TX 78469 Austin,TX 78714-9347 Phone:(361)826-7205 Phone: (512)776-2732 Email: annetter@cctexas.com Email: tina.walker@dshs.texas.gov IX. General Terms and Conditions. A. Governing Law. Regarding all issues related to this Contract's formation,performance, interpretation,and any issues that may arise in any dispute between the parties,the Contract will be governed by and construed in accordance with the laws of the State of Texas. B. Amendment. This Contract may be modified by written amendment signed by the Parties. C. Confidentiality. The Parties are required to comply with all applicable state and federal laws relating to the privacy and confidentiality of records that contain Personal Identifying Information (PII)or Personally Sensitive Information (PSI)or other information or records made confidential by law,including Tex. Bus. &Comm. Code Section 521.002. The attached Data Use Agreement(Attachment A)applies to this Contract. VSS Remote Binh Access Page 3 Contract Number: HHSREV100000815 D. Exchange of Personal Identifying Information.This Contract concerns personal identifying information. Except as prohibited by other law,Contractor and DSHS may exchange PII without consent,in accordance with Chapter 191 of the Health and Safety Code. E. Records Retention. DSHS will retain records in accordance with DSHS State of Texas Records Retention Schedule at http: ,www.dshs.texas.gov records/schedules.shtm, Department Rules and other applicable state and federal statutes and regulations governing medical,mental health, and substance abuse information. F. Severability. If any provision of this Contract is construed to be illegal or invalid,the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated,but all other provisions will continue. G. Notice. Any notice required or permitted to be given under this Contract will be in writing and sent to the respective Party's Representative in Section VIII.Notice will be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified in writing by the Party to the other Party,or,if sent by certified mail,on the date of receipt. H. Waiver. Acceptance by either Party of partial performance or failure to complain of any action,non-action or default under this Contract will not constitute a waiver of either Party's rights under the Contract. I. Assignment. Neither DSHS nor Contractor will transfer, assign,or sell its interest,in whole or in part, in this Contract without prior written consent by both Parties. J. Suspension of Services Under This Contract. In the event of an emergency or information technology system failure,DSHS may temporarily suspend services without advance notice. Use of services for purposes inconsistent with applicable law may also result in a suspension of services. K. Termination. 1. Convenience.This Contract may be terminated by mutual agreement of the Parties. Either Party may terminate this Contract without cause by giving 30 days written notice of its intent to terminate to the non-terminating Party. 2. Cause.This Contract may be terminated for cause by either Party for breach or failure to perform an essential requirement of the Contract. Use of services for purposes inconsistent with applicable law may be cause for Contract termination. 3. Notice of Termination.Written notice may be sent by any method that provides verification of receipt,which will be calculated from the date of receipt by the non- terminating Party's Representative provided in Section VIII. VSS Rcmotc Binh Access Page 4 Contract Number: HHSREV 100000815 4. Equitable Settlement. At the end of the Term of this Contract or termination as provided for in this Section,the Parties will equitably settle their respective accrued interests or obligations incurred prior to termination. By signing below, the Parties agree that this Contract constitutes the entire legal and binding agreement between them. The Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the authority to execute this Contract on behalf of their respective Party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) 61 0 ink 4J] Man Hall, M.D. Annette Rodriguez Associate Commissioner Director of Public Health Department of State Health Services Corpus Christi-Nueces County Public Health District(City) Date Date THE FOLLOWING ATTACHMENTS ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT HHSREV100000815: ATTACHMENT A-DATA USE AGREEMENT Approved as to Assistant City Attorney For City Attorney VSS Remote Birth Access Page 5 ATTACHMENT A—DATA USE AGREEMENT DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE AND CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT("CONTRACTOR") This Data Use Agreement("DUA")is incorporated into System Agency Contract No. HI•ISREV 100000815(the"Base Contract")between the Texas Department of State Health Services ("System Agency")and Corpus Christi-Nueces County Public Health District("Contractor"). ARTICLE 1.PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE ATTACHMENT 1. The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with Contractor, and describe Contractor's rights and obligations with respect to the Confidential Information and the limited purposes for which the Contractor may create, receive, maintain, use, disclose or have access to Confidential Information. 45 CFR 164.504(e)(1)-(3). This DUA also describes System Agency's remedies in the event of Contractor's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of System Agency,its programs or clients as described in the Base Contract. As of the Effective Date of the Contract,if any provision of the Base Contract,including any General Provisions or Uniform Terms and Conditions,conflicts with this DUA,this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. §1320d, et seg.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter, The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C.§552a and regulations and guidance thereunder, Internal Revenue Code,Title 26 of the United States Code and regulations and publications adopted under that code,including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code,Ch. 552,and Texas Government Code§2054.1125. In addition, the following terms in this DUA are defined as follows: "Authorized Purpose"means the specific purpose or purposes described in the Scope of Work of the Base Contract for Contractor to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by System Agency in writing in advance. "Authorized User"means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine,interpret,or analyze Confidential Information pursuant to this DUA; (2) For whom Contractor warrants and represents has a demonstrable need to create,receive, maintain,use,disclose or have access to the Confidential Information;and System Agency Data Use Agreement V.8.3 HiPAA Omnibus Compliant April 1,2015 GOVERNMENTAL ENTITY VERSION System Agency Contract No.HHSREV 100000815 (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted,or in any other form)provided to or made available to Contractor or that Contractor may create,receive, maintain, use, disclose or have access to on behalf of System Agency that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health information; (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch.521; (4) Federal Tax Information; (5) Personally Identifiable Information, (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act,Texas Government Code,Chapter 552. "Let3ally Authorized Representative" of the Individualas defined by Texas law, including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(8)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex.H.&S.Code§166.164;Estates Code Ch.752 and Texas Prob.Code§3. ARTICLE 3.CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION Section 3.01 Obligations of Contractor Contractor agrees that: (A) Contractor will exercise reasonable care and no less than the same degree of care Contractor uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law.45 CFR 164.501(b)(1);45 CFR 164.514(d) (B) Contractor will not, without System Agency's prior written consent, disclose or allow access to any portion of the Confidential Information to any Person or other entity,other than Authorized User's Workforce or Subcontractors of Contractor who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to Contractor's management,to carry out the Authorized Purpose or as Reouired by Law. System Agency, at its election, may assist Contractor in training and education on specific or unique System Agency processes, systems or requirements. Contractor will produce evidence of completed training to System Agency upon request. 45 C.F.R. 164.308(a)(5)(i); Teras Health & Safety Code§181.101 (C) Contractor will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. Contractor will maintain evidence of sanctions and produce it to System Agency upon request.45 C.F.R. 164.308(a)(1)(ii)(C);164.530(e);164.410(b);164.530(b)(1) System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 2 of 1 I System Agency Contract No.HHSREV 100000815 (D) Contractor will not,without prior written approval of System Agency,disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying System Agency so that System Agency may have the opportunity to object to the disclosure or access and seek appropriate relief. If System Agency objects to such disclosure or access, Contractor will refrain from disclosing or providing access to the Confidential Information until System Agency has exhausted all alternatives for relief. 45 CFR 164.504(e)(2)(ii)(A) (E) Contractor will not attempt to re-identify or further identify Confidential Information or De-identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from System Agency or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) Contractor will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3)and(4); Teras Healtlr&Safety Code Clr. 181.002 (F) Contractor will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information, on behalf of Contractor without requiring that Subcontractor first execute the Form Subcontractor Agreement, Attachment 1, which ensures that the Subcontractor will comply with the identical terms, conditions, safeguards and restrictions as contained in this DUA for PHI and any other relevant Confidential Information and which permits more strict limitations; and 45 CFR 164.502(e)(1)(I)(iJ); 164.504(e)(I)r) and(2) (G) Contractor is directly responsible for compliance with,and enforcement of,all conditions for creation,maintenance, use,disclosure,transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5);42 CFR 431.300,et seq. (H) if Contractor maintains PSI I_ in a Designated Record Set. Contractor will make PHI available to System Agency in a Designated Record Set or,as directed by System Agency, provide PHI to the Individual. or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. Contractor will make other Confidential Information in Contractor's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. 45 CFR 164.524and 164.504(e)(2)(U)(E) (1) Contractor will make PHI as required by HIPAA available to System Agency for amendment and incorporate any amendments to this information that System Agency directs or agrees to pursuant to the HIPAA.45 CFR 164.504(e)(2)(ii)(E)and(F) (1) Contractor will document and make available to System Agency the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations.45 CFR 164.504(e)(2)ri)(C)and 164.528 (K) If Contractor receives a request for access, amendment or accounting of PHI by any Individual subject to this DUA, it will promptly forward the request to System Agency; however, if it would violate HIPAA to forward the request, Contractor will promptly notify of the request and of Contractor's response. Unless Contractor is prohibited by law from forwarding a request, System Agency will respond to all such requests,unless System Agency has given prior written consent for Contractor to respond to and account for all such requests. 45 CFR 164.504(e)(2) (L) Contractor will provide, and will cause its Subcontractors and agents to provide, to System Agency periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 3 of 11 System Agency Contract No.HHSREV 100000815 data transfers and the handling and disposal of Confidential Information. 45 CFR 164 308,164.530(c);1 TAC 101 (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, Contractor may use or disclose PHI for the proper management and administration of Contractor or to carry out Contractor's legal responsibilities if:45 CFR 164.504(e)(ii)(1)(A) (1) Disclosure is Required by Law,provided that Contractor complies with Section 3.01(D); (2) Contractor obtains reasonable assurances from the Person to whom the information is disclosed that the Person will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as R_ eguired by Law or for the Authorized Purpose for which it was disclosed to the Person;and (c) Notify Contractor in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.504(e)(4)ri)(B) (N) Except as otherwise limited by this DUA, Contractor will, if requested by System Agency, use PHI to provide data aggregation services to System Agency, as that term is defined in the HIPAA,45 C.F.R.§164.501 and permitted by HIPAA. 45 CFR 164.504(e)(1)(i)(B) (0) Contractor will,on the termination or expiration of this DUA or the Base Contract, at its expense, return to System Agency or Destroy,at System Agency's election, and to the extent reasonably feasible and permissible by law, all Confidential Information received from System Agency or created or maintained by Contractor or any of Contractor's agents or Subcontractors on System Agency's behalf if that data contains Confidential Information. Contractor will certify in writing to System Agency that all the Confidential Information that has been created, received, maintained, used by or disclosed to Contractor, has been Destroyed or returned to System Agency, and that Contractor and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing,Contractor acknowledges and agrees that it may not Destroy any Confidential Information if federal or state law,or System Agency record retention policy or a litigation hold notice prohibits such Destruction. If such return or Destruction is not reasonably feasible,or is impermissible by law,Contractor will immediately notify System Agency of the reasons such return or Destruction is not feasible,and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return of the Confidential Information not feasible for as long as Contractor maintains such Confidential Information.45 CFR 164.504(e)(1)(ii)(J) (P) Contractor will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses.45 CFR 164.306;164.530(c) (Q) If Contractor accesses, transmits, stores, or maintains Confidential Information, Contractor will complete and return to System Agency at infosecurity«,hhsc.state.tx.us the System Agency information security and privacy initial inquiry(SPI)at Attachment 2 . The SPI identifies basic privacy and security controls with which Contractor must comply to protect System Agency Confidential Information. Contractor will comply with periodic security controls compliance assessment and monitoring by System Agency as required by state and federal law, based on the type of Confidential Information Contractor creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. Contractor's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. Contractor will update its security controls assessment whenever there are significant changes in security controls for System Agency System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 4 of 11 System Agency Contract No.HHSREV100000815 Confidential Information and will provide the updated document to System Agency. System Agency also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306 (R) Contractor will establish, implement and maintain any and all appropriate procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, and with respect to PHI as described in the HFPAA Privacy and Security Regulations or other applicable laws or regulations relating to Confidential Information. to prevent any unauthorized use or disclosure of Confidential Information as long as Contractor has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.311 (technical safeguards); 164.530(c)(privacy safeguards) (S) Contractor will designate and identify, subject to System Agency approval, a Person or Persons, as Privacy Official 45 CFR 164.530(x)(1) and Information Security Official, each of whom is authorized to act on behalf of Contractor and is responsible for the development and implementation of the privacy and security requirements in this DUA. Contractor will provide name and current address, phone number and e-mail address for such designated officials to System Agency upon execution of this DUA and prior to any change. 45 CFR 164.308(a)(2) (T) Contractor represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502;164.514(d) (U) Contractor and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA,at all times and supply it to System Agency,as directed,upon request. (V) Contractor will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the DUA. 45 CFR 164.308; 164.316; 164.514(4);164.530x)(1) (W) Contractor will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by Contractor on behalf of System Agency for System Agency's review and approval within 30 days of execution of this DUA and upon request by System Agency the following business day or other agreed upon time frame. 45 CFR 164.308,164.514(d) (X) Contractor will make available to System Agency any information System Agency requires to fulfill System Agency's obligations to provide access to,or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. Contractor will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary,or other federal or state law.45 CFR 164.504(e)(2)r)(I) (Y) Contractor will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form. A secure transmission of electronic Confidential Information in motion includes secure File Transfer Protocol(SFTP)or Encryption at an appropriate level or otherwise protected as required by rule, regulation or law. System Agency Confidential Information at rest requires Encrvotion unless there is adequate administrative, technical, and physical security, or as otherwise System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 5 of I 1 System Agency Contract No.HHSREV 100000815 protected as required by rule, regulation or law. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security or Encrvption must be produced to System Agency no later than 48 hours after System Agency's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De- identification of System Agency Confidential Information is a means of security. With respect to de- identification of PHI,"secure"means de-identified according to HIPAA Privacy standards and regulatory guidance.45 CFR 164.312;164.530(d) (Z) Contractor will comply with the following laws and standards if applicable to the type of Confidential Information and Contractor's Authorized Purpose: • Title 1,Part 10,Chapter 202,Subchapter B,Texas Administrative Code; • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002(FISMA); • The Health Insurance Portability and Accountability Act of 1996(HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology(NIST) Special Publication 800-66 Revision 1 An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act(HIPAA)Security Rule; • NIST Special Publications 800-53 and 800-53A Recommended Security Controls for Federal Information Systems and Organizations,as currently revised; • NIST Special Publication 800-47 Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88,Guidelines for Media Sanitization: • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI;and • Any other State or Federal law,regulation,or administrative rule relating to the specific System Agency program area that Contractor supports on behalf of System Agency. ARTICLE 4. BREACH NOTICE,REPORTING AND CORRECTION REQUIREMENTS Section 4.01. Breach or Event Notification to System Agency. 45 CFR 164.400-414 (A) Contractor will cooperate fully with System Agency in investigating, mitigating to the extent practicable and issuing notifications directed by System Agency, for any Event or Breach of Confidential Information to the extent and in the manner determined by System Agency. (B) Contractor'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to System Agency's satisfaction(the"incident response period").45 CFR 164.404 (C) Breach Notice: 1. Initial Notice. System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 6ofII System Agency Contract No.HHSREV 100000815 a.For federal information, including without limitation, Federal Tax Information,Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours atter Discovery,or in a timeframe otber►vise approved by System Agency in writing,initially report to System Agency's Privacy and Security Officers via email at: privacy@Svstem AeencvC.state.tx.us and to the System Agency division responsible for this QUA: and IRS Publication 1075; Privacy Act of 1974, as anteceded by the Computer Matching and Privacy Protection Act of 1988, S U.S.C.§ 552a; OMB Memorandum 07-16 as cited ill System AgencyC-CMS Contracts for information exchange. b. Report all information reasonably available to Contractor about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410 c. Name, and provide contact information to System Agency for, Contractor's single point of contact who will communicate with System Agency both on and off business hours during the incident response period. 2. 48-Hour Formal Notice. No later than 48 consecutive clock hours after Discovery, or a time within which Discovery reasonably should have been made by Contractor of an Event or Breach of Confidential Information, provide formal notification to the State, including all reasonably available information about the Event or Breach, and Contractor's investigation, including without limitation and to the extent available: For(a) -(tet) belo►v: 45 CFR 164.400- 414 a.The date the Event or Breach occurred; b.The date of Contractor's and,if applicable,Subcontractor's Discovery; c. A brief description of the Event or Breach: including how it occurred and who is responsible (or hypotheses,if not yet determined); d.A brief description of Contractor's investigation and the status of the investigation; e. A description of the types and amount of Confidential Information involved; f. Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the individual and if applicable the, Legally authorized representative, last known address, age, telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably detennined by Contractor at that time; g. Contractor's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for System Agency approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; h. Contractor's recommendation for System Agency's approval as to the steps Individuals or Contractor on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation Contractor's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; i.The steps Contractor has taken to mitigate the harm or potential harm caused(including without limitation the provision of sufficient resources to mitigate); j.The steps Contractor has taken,or will take,to prevent or reduce the likelihood of recurrence of a similar Event or Breach,- System reach;System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 7 of 11 System Agency Contract No.HHSREV 100000815 k.Identify,describe or estimate of the Persons•Workforce,Subcontractor.or Individuals and any law enforcement that may be involved in the Event or Breach; I. A reasonable schedule for Contractor to provide regular updates to the foregoing in the future for response to the Event or Breach,but no less than every three(3)business days or as otherwise directed by System Agency, including information about risk estimations, reporting, notification, if any, mitigation,corrective action, root cause analysis and when such activities are expected to be completed;and m. Any reasonably available, pertinent information, documents or reports related to an Event or Breach that System Agency requests following Discovery. Section 4.02 Investigation,Response and Mitigation. For A-F below: 45 CFR 164.308,310 and 312;164.530 (A) Contractor will immediately conduct a full and complete investigation, respond to the Event or Breach,commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by System Agency for incident response purposes and for purposes of System Agency's compliance with report and notification requirements, to the satisfaction of System Agency. (B) Contractor will complete or participate in a risk assessment as directed by System Agency following an Event or Breach, and provide the final assessment, corrective actions and mitigations to System Agency for review and approval. (C) Contractor will fully cooperate with System Agency to respond to inquiries and proceedings by state and federal authorities,Persons and Individuals about the Event or Breach. (D) Contractor will fully cooperate with System Agency's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach,or to recover or protect any Confidential Information,including complying with reasonable corrective action or measures,as specified by System Agency in a Corrective Action Plan if directed by System Agency under the Base Contract. Section 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex Bus & Comm. Code§521.053;45 CFR 164.404(Individuals),164.406(Media);164.408(Authorities) (A) System Agency may direct Contractor to provide Breach notification to Individuals, regulators or third-parties,as specified by System Agency following a Breach. (B) Contractor must obtain System Agency's prior written approval of the time, manner and content of any notification to Individuals, regulators or third-parties, or any notice required by other state or federal authorities. Notice letters will be in Contractor's name and on Contractor's letterhead, unless otherwise directed by System Agency, and will contain contact information, including the name and title of Contractor's representative, an email address and a toll-free telephone number,for the Individual to obtain additional information. (C) Contractor will provide System Agency with copies of distributed and approved communications. (D) Contractor will have the burden of demonstrating to the satisfaction of System Agency that any notification required by System Agency was timely made. If there are delays outside of Contractor's control,Contractor will provide written documentation of the reasons for the delay. System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 8 of 11 System Agency Contract No.HHSREV100000815 (E) If System Agency delegates notice requirements to Contractor, System Agency shall, in the time and manner reasonably requested by Contractor, cooperate and assist with Contractor's information requests in order to make such notifications and reports. ARTICLE 5. SCOPE OF WORK Scone of Work means the services and deliverables to be performed or provided by Contractor,or on behalf of Contractor by its Subcontractors or agents for System Agency that are described in detail in the Base Contract. The Scope of Work,including any future amendments thereto,is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS Section 6.01 Otvnerslup of Conftdential Information Contractor acknowledges and agrees that the Confidential Information is and will remain the property of System Agency. Contractor agrees it acquires no title or rights to the Confidential Information. Section 6.02 S}�stem Agenc},Comtnitutem and Obligations System Agency will not request that Contractor create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by System Agency. Section 6.03 Sj stent Agency Right to InspeMon At any time upon reasonable notice to Contractor, or if System Agency determines that Contractor has violated this DUA, System Agency, directly or through its agent, will have the right to inspect the facilities, systems,books and records of Contractor to monitor compliance with this DUA. For purposes of this subsection, System Agency's agent(s) include, without limitation, the System Agency Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. Section 6.04 Terni;Termination of DUA;Survival This DUA will take effect with the Base Contract, and will temtinate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA is updated automatically concurrent with such extension or amendment. (A) System Agency may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve Contractor of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by System Agency. (D) If System Agency determines that Contractor has violated a material term of this DUA; System Agency may in its sole discretion: 1. Exercise any of its rights including but not limited to reports,access and inspection under this DUA or the Base Contract;or 2. Require Contractor to submit to a corrective action plan, including a plan for monitoring and plan for reporting,as System Agency may determine necessary to maintain compliance with this DUA;or System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 9 of 11 System Agency Contract No.HHSREV 100000815 3. Provide Contractor with a reasonable period to cure the violation as determined by System Agency;or 4. Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Travis County,Texas. Before exercising any of these options, System Agency will provide written notice to Contractor describing the violation and the action it intends to take. (E) If neither termination nor cure is feasible, System Agency shall report the violation to the Secretary. (F) The duties of Contractor or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to System Agency,as required by this DUA. Section 6.05 Governing Law, Venire and Litigation (A) The validity,construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Travis County,Texas,will be the exclusive venue for any litigation,special proceeding or other proceeding as between the parties that may be brought,or arise out of,or in connection with,or by reason of this DUA. Section 6.06 L junctive Relief (A) Contractor acknowledges and agrees that System Agency may suffer irreparable injury if Contractor or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) Contractor further agrees that monetary damages may be inadequate to compensate System Agency for Contractor's or its Subcontractor's failure to comply. Accordingly,Contractor agrees that System Agency will, in addition to any other remedies available to it at law or in equity,be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. Section 6.07 Indemnification To the extent permitted by law,Contractor will indemnify,defend and hold harmless System Agency and its respective Executive Commissioner, employees, Subcontractors. agents (including other state agencies acting on behalf of System Agency) or other members of its Workforce (each of the foregoing hereinafter referred to as"Indemnified Party')against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with any breach of this DUA or from any acts or omissions related to this DUA by Contractor or its employees,directors,officers,Subcontractors,or agents or other members of its Workforce. The duty to indemnify,defend and hold harmless is independent of the duty to insure and continues to apply even in the event insurance coverage required, if any, in the DUA or Base Contract is denied,or coverage rights are reserved by any insurance carrier. Upon demand, Contractor will reimburse System Agency for any and all losses, liabilities, lost profits, fines, penalties, costs or expenses (including reasonable attorneys' fees)which may for any reason be imposed upon any Indemnified Party by reason of any suit,claim,action,proceeding or demand by any third party to the extent caused by and which results from the Contractor's failure to meet any of its obligations under this DUA. To the extent permitted System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 10 of 11 System Agency Contract No.HHSREV 100000815 by law, Contractor's obligation to defend, indemnify and hold harmless any Indemnified Party will survive the expiration or termination of this DUA. Section 6.08 Insurance (A) Contractor represents and warrants that it maintains either self-insurance or commercial insuraneewith policy limits sufficient to cover any liability arising from any acts or omissions by Contractor or its employees,directors,officers, Subcontractors,or agents or other members of its Workforce under this DUA. Contractor warrants that System Agency will be a loss payee and beneficiary for any such claims.. (B) Contractor will provide System Agency with written proof that required insurance coverage is in effect,at the request of System Agency. Section 6.09 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, including but not limited to requirements to insure or indemnify System Agency,if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation,or injunctive action, in connection with any of the provisions of this DUA,each party will bear their own legal expenses and the other cost incurred in that action or proceeding. Section 6.10 Entirety of the Contract This Data Use Agreement is incorporated by reference into the Base Contract and,together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change,waiver,or discharge is sought to be enforced. Section 6.11 AutomaticAntendnient and Lrterpretation Upon the effective date of any amendment or issuance of additional regulations to HIPAA, or any other law applicable to Confidential Information, this DUA will automatically be amended so that the obligations imposed on System Agency or Contractor remain in compliance with such requirements. Any ambiguity in this DUA will be resolved in favor of a meaning that permits System Agency and Contractor to comply with HWAA or any other law applicable to Confidential Information. System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page 11 of 11 System Agency Contract No.HHSREV 100000815 ATTACHMENT 1. SUBCONTRACTOR AGREEMENT FORM System Agency CONTRACT NUMBER HHSREVI00000815 The DUA between System Agency and Contractor establishes the permitted and required uses and disclosures of Confidential Information by Contractor. Contractor has subcontracted with _ (SUBContractor)for performance of duties on behalf of CONTACTOR which are subject to the DUA. SUBContractor acknowledges,understands and agrees to be bound by the identical terms and conditions applicable to Contractor under the DUA,incorporated by reference in this Agreement,with respect to System Agency Confidential Information.Contractor and SUBContractor agree that System Agency is a third-party beneficiary to applicable provisions of the subcontract. System Agency has the right but not the obligation to review or approve the terms and conditions of the subcontract by virtue of this Subcontractor Agreement Form. Contractor and SUBContractor assure System Agency that any Breach or Event as defined by the DUA that SUBContractor Discovers will be reported to System Agency by Contractor in the time,manner and content required by the DUA. If Contractor knows or should have known in the exercise of reasonable diligence of a pattern of activity or practice by SUBContractor that constitutes a material breach or violation of the DUA or the SUBContractor's obligations Contractor will: 1. Take reasonable steps to cure the violation or end the violation,as applicable; 2. if the steps are unsuccessful,terminate the contract or arrangement with SUBContractor,if feasible; 3. Notify System Agency immediately upon reasonably discovery of the pattern of activity or practice of SUBContractor that constitutes a material breach or violation of the DUA and keep System Agency reasonably and regularly informed about steps Contractor is taking to cure or end the violation or terminate SUBCONTACTOR's contract or arrangement. This Subcontractor Agreement Form is executed by the parties in their capacities indicated below. CONTRACTOR SUBCONTRACTOR BY: BY: NANI E: NAA1 E• TITLE: TITLE: DATE —.9201 DATE: System Agency Data Use Agreement V.8.3 HIPAA Omnibus Compliant April 1,2015 Page g Attachment ofll Approved as to form Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: Legistar Number: 18-0630 June 19, 2018 Agenda Item: Motion authorizing a five-year contract with the Department of State Health Services (DSHS) to provide the Corpus Christi-Nueces County Public Health District access to the DSHS Vital Event Electronic Registration System to issue individual birth certificates for $1.83 per printed record. Amount Required: $35,998.44** ** Paid from liability accounts in the General Fund. Actual amount to be paid will be based on the number of birth certificates issued during the fiscal year. Amounts listed below are estimates. ** Fund Name Accounting Unit Account No. Activity No. Amount General Fund 1020 207220 - $29,984.40 General Fund 1020 207250 - 4,359.06 Total $34,343.46 ® Certification Not Required Director of Financial Services Date: se GO O Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of June 12, 2018 1852 Action Item for the City Council Meeting June 19, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief RRocha(a�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Purchase of Firefighting Clothing for Corpus Christi Fire Department for a One year Supply Agreement not to Exceed $174,679.10, with Two One year Options and a Total Potential Multi-year Amount of Up to $524,037.30 CAPTION: Resolution authorizing the purchase of firefighting clothing for a one-year supply agreement with Casco Industries, Inc., Houston, Texas for a total amount not to exceed $174,679.10, with two one year options for a total potential multi-year amount of $524,037.30. PURPOSE: The firefighting clothing is worn by City Firefighters for protection against fire and heat. BACKGROUND AND FINDINGS: The Fire Department has standardized its protective clothing utilizing Globe Firefighters products. Standardization allows the department to inventory spare suits and clothing accessories for interchangeability of torn or damaged suits. The clothing has withstood the test of time and holds up well under field conditions. The clothing is manufactured utilizing the highest quality and safety standards available on the market. Casco Industries, Inc., Houston Texas is the exclusive dealer representing Globe Firefighters suits. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Fire Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $521 ,245.00 $480,367.52 $1 ,001 ,612.52 Encumbered / Expended Amount $317,336.66 .00 $317,336.66 This item $43,669.78 $480,367.52 $524,037.30 BALANCE $160,238.56 .00 $160,238.56 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $174,679.10, of which $43,669.78 is funded in FY2017-2018 budget. The total contract value will be $524,037.30 if all option years are executed. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Supply Agreement Pricing Sheet Resolution authorizing the purchase of firefighting clothing for a one-year supply agreement with Casco Industries, Inc., Houston, Texas for a total amount not to exceed $174,679.10, with two one-year options for a total potential multi-year amount of $524,037.30. WHEREAS, purchase of firefighting clothing will be purchased by the Corpus Christi Fire Department; WHEREAS, the service agreement will provide installation, removal and repair of emergency equipment for the Police vehicles. WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve and protect the public health or safety of the City's residents. WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this item is available from only one source, including items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorizing the purchase of firefighting clothing for the Corpus Christi Fire Department and authorizing a one-year supply agreement with the option to extend for two additional 12-month periods with Casco Industries, Inc., Houston, Texas, for a total amount not to exceed $174,679.10. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas day of 20 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION FIREFIGHTING CLOTHING BUYER: MINERVA ALVARADO SOLE SOURCE Casco Industries, Inc. Houston, Texas ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 GI-0-1 5757G Coat per Corpus Christi Spec $ 1,104.66 90 $99,419.40 2 GI-0-1 5757G Pant per Corpus Christi Spec $ 814.33 90 $73,289.70 3 Shipping $1,970.00 TOTAL $174,679.10 mUs c.� �o w A SUPPLY AGREEMENT NO. 1696 U Firefighting Clothing yaeaoRp 1852 THIS Firefighting Clothing Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Casco Industries, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide firefighting clothing in response to Request for Bid No. N/A ("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 firefighting clothing in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to 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 $174,679.10, 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 Adam Guerra Fire Department 361 .826.3992 AdamG@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Adam Guerra Fire Captain 1501 Holly Road, Corpus Christi, Texas 78417 361 .826.3992 Fax: 361 .826.4551 IF TO SUPPLIER: Casco Industries, Inc. Attn: Teri Rutter Secretary/Sales 705 S. 8th, La Porte, Texas 77571 281 .443.0999 281 .443.0858 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 SUPPLIER Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. 1696 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work SCOPE This specification details design and materials criteria to afford protection to the upper and lower body, excluding head, hands, feet, against adverse environmental effects during structural firefighting. All materials and construction will meet or exceed NFPA Standard #1971 and OSHA for structural fire fighters protective clothing. 1. SIZING In order to ensure that every member of the department can safely perform to the maximum of their ability without extra bulk and without restriction, Jackets and Pants shall be available in all sizes and dimensions as follows: Pants: Gender: Gender specific Men's and Women's pattern Waist: Even sizes Body Shape: Men's: Relaxed and Regular Note: Relaxed is a fuller cut in the hips and thighs, like relaxed jeans. Women's: Relaxed Inseam: Even sizes Jackets: Gender: Gender specific Men's and Women's patterns will be available. Chest: Even sizes Back length: Men's 29", 32", 35", 40" Women's 26", 29" Body Shape: Men's: Straight and Tapered Note: The straight cut offers more fullness at the hips (i.e. jacket sweep) and is recommended when an IH Ready trouser is being specified. Women's: Straight Sleeve: 1 " increments Jackets and Pants available in only one standard shape will not be acceptable. A. OUTER SHELL MATERIAL - JACKETS AND PANTS The outer shell shall be constructed of TENCATE "AGILITYTM with ENFORCE TM technology" Kevlar®/PBO/Nomex® blend material with an approximate Page 1 of 19 weight of 6.6 oz. per square yard in a twill weave. The shell material must be treated with SSTTM (SUPER SHELLTITE) which is a durable water-repellent finish that also enhances abrasion resistance. Color of the garments shall be black gold or dark gold. B. THERMAL INSULATING LINER - JACKET AND PANTS The thermal liner shall be constructed of TENCATE "CALDURA® ELITE SL211"; with an approximate weight of 7.7 oz. per square yard. This thermal liner consists of one layer of 1 .5 oz. and one layer of 2.3 oz. per square yard Nomex® E-89 spunlaced Nomex®/Kevlar® aramid blend, quilt stitched to a Kevlar® filament and FR rayon/para-aramid/nylon inherently wicking Caldura® face cloth. The thermal line shall be attached to the moisture barrier and bound together by bias-cut neoprene coated cotton/polyester around the perimeter. This provides superior abrasion resistance to the less expensive, less durable, "stitch and turn" method. Further mention of "Thermal Line" in this specification shall refer to this section. C. MOISTURE BARRIER - JACKETS AND PANTS The moisture barrier material shall be W.L. GORE CROSSTECH® black moisture barrier-Type 2F, which is comprised of a CROSSTECH® membrane laminated to a 3.3 ounce per square yard Nomex® IIIA woven pajama check substrate. The CROSSTECH® membrane is an enhanced bicomponent membrane comprised of an expanded PTFE (polytetrafluoroethylene, for example Teflon®) matrix having a continuous hydrophilic (i.e. water-loving) and oleophobic (i.e. oil-hating) coating that is impregnated into the matrix. CROSSTECH® moisture barrier seams shall be sealed with GORE-SEAM® tape using a Series 6000 (or higher) GORE-SEA MTM sealing machine to afford comparable bacteriophage penetration resistance performance. Further mention of "Specified Moisture Barrier" in this specification shall refer to this section. D. SEALED MOISTURE BARRIER SEAMS All moisture barrier seams shall be sealed with a minimum one inch wide sealing tape. One side of the tape shall be coated with a heat activated glue adhesive. The adhesive side of the tape shall be oriented toward the moisture barrier seam. The adhesive shall be activated by heat and the sealing tape shall be applied to the moisture barrier seams by means of pressure exerted by rollers for that purpose. E. METHOD OF THERMAL LINER/MOISTURE BARRIER ATTACHMENT FOR JACKETS AND PANTS The thermal liner and moisture barrier shall be completely removable from the jacket shell. A total of six snap fasteners shall secure the thermal liner/moisture barrier to the outer shell along the length of the neck line under Page 2 of 19 the top most collar. The top most collar shall be turned under and finished such that the snaps on the collar will not be able to contact the wearers skin. Corresponding snaps shall be installed through a moisture barrier leader measuring an approximate height of 1 .75-2 inches and shall not penetrate through to the outer shell on the backside of the collar. The remainder of the thermal liner/moisture barrier shall be secured with snap fasteners appropriately spaced on each jacket facing and Ara-Shield®snap fasteners at each sleeve end. There shall be one Ara-Shield® snap tabs at the liner sleeve end which shall be colored to correspond with color coded snap tabs on the shell sleeve end for ease of matching the liner system to the outer shell after inspection or cleaning is completed. The thermal liners and moisture barrier shall be completely removable from the pant shell. Nine snap fasteners shall be spaced along the waistband to secure the thermal liner to the shell. The legs of the thermal liner/moisture barrier shall be secured to the shell by means of Ara-Shield® snap fasteners, 2 per leg. The Ara-Shield® snap tabs on the shell shall be color coded to corresponding color coded snap tabs in the liner for ease of matching the liner system to the outer shell after inspection or cleaning is completed. There shall be no hook and loop used to close the liner access opening. F. THERMAL PROTECTIVE PERFORMANCE The assembled garment, consisting of an outer shell, moisture barrier and thermal liner, shall exhibit a TPP (Thermal Protective Performance) rating of not less than 35. G. STITCHING The outer shell shall be assembled using stitch type #301, #401 , #514, and #516. The thermal liners and moisture barriers shall be assembled using stitch type #301 , #401 , #504, #514, and #516. Major A outer shell structural seams and major B structural liner seams, shall have a minimum of 8 to 10 stitches per inch. All major A seams shall be sewn with ball point needles only. All seams shall be continuously stitched only. 2. JACKET CONSTRUCTION A. BODY The body of the shell and AXTION® liner system shall be constructed of three separate panels consisting of two front panels and one back panel. The body panels shall be shaped so as to provide a tailored fit thereby enhancing body movement and shall be joined together by double stitching with Nomex® thread. One-piece outer shells shall not be acceptable. Page 3 of 19 B. AXTION® BACK The jacket outer shell shall include inverted pleats to afford enhanced mobility and freedom of movement in addition to that provided by the AXTION® sleeves. The outer shell shall have two inverted pleats (one each side) installed on either side of the back-body panel. The inverted pleats shall begin at the top of each shoulder and extend vertically down the sides of the jacket to the hem. Pleats that do not extend to the hem will not be considered, since they do not provide a true AXTION® back. The moisture barrier and thermal liner layers shall be designed with darts corresponding to the added length in the shell provided by the AXTION® back pleats. The darts are positioned at the shoulder blades, outside of the SCBA straps and work together with the corresponding outer shell pleats in the AXTION® back, providing maximum expansion. The moisture barrier darts will be seam sealed to assure liquid resistance integrity. C. LOGOS The garment brand shall be identified by means of red FR Nomex® thread embroidery on the top of the left collar denoting "GLOBE" as the manufacturer. There shall be a reflective label specific to the garment style, measuring 1 inch wide by 4 inches long, installed on the left packet flap. D. DRAG RESCUE DEVICE (DRD) A Firefighter Drag Rescue Device (DRD) shall be installed in each jacket. The ends of a 1 inch wide strap, constructed of Kevlar® shall be sewn together to form a continuous loop. The strap shall be installed in the jacket between the line system and outer shell such that when properly installed shall loop around each arm. The strap shall be accessed through a portal between the shoulders on the upper back where it is secured in place by an FR strap. The DRD shall be removable for laundering. The access port shall be covered by an outside flap of shell material, designed to fit between the shoulder straps of an SCBA. The flap shall have 3M ScotchliteTm reflective 2 inch Triple Trim sewn to the outside to clearly identify the feature as the DRD flap. The DRD shall not extend beyond the outside flap. This device provides a quickly deployed means of rescuing a downed firefighter. Flimsy, rope-style DRD straps will not be considered. E. LINER ACCESS OPENING (JACKET) The liner system of the jacket shall incorporate an opening at each of the leading edges of the left and right front panels. This opening shall run a minimum of 12 inches along the perimeters for the purpose of inspecting the integrity of the jacket liner system. When installed into the outer shell the Liner Access Opening will be covered and protected by the overlap of the outer shell facing. Page 4 of 19 F. RETROREFLECTIVE FLUORESCENT TRIM The retroreflective fluorescent trim shall be lime/yellow 3M ScotchliteTm Triple Trim (L/Y borders with silver center). Each jacket shall have an adequate amount of retroreflective fluorescent trim affixed to the outside of the outer shell to meet the requirements of NFPA 1971 and OSHA. The trim shall be in the following widths and shall be High Visibility (HV) style; 3 inch wide stripes - around the bottom of the jacket within approximately 1 inch of the hem, horizontally across the chest area approximately 3 inches below the armpit, around each sleeve below the elbow, around each sleeve above the elbow, across the shoulders on the back approximately 71 /2 inches below the neck seam, two vertical stripes on the back (one on each side) beginning at the top of the bottom band of trim and extending up to the bottom of the upper band of trim. G. REINFORCED TRIM STITCHING All reflective trim is secured to the outer shell with Nomex® thread, using a locking chainstitch protected by our exclusive TrimTrax® system. Developed exclusively by Globe Manufacturing Co., LLC. This strip of 3/32 inch strong, durable, flame resistant black Kevlar® cording provides a bed for the stitching along each edge of the retroreflective fluorescent trim surface and affords extra protection for the thread from abrasion. TrimTrax® has been proven to be 5 to 7 times more durable than single or even double rows of stitching, significantly reducing maintenance costs and providing more value and a longer service life. Two rows of stitching used to attach the trim in place of the TrimTrax® shall be considered an unacceptable alternative, since it has been proven that the two rows of stitching have insignificant impact on wear life. All trim ends shall be securely sewn into a seam for a clean finished appearance. H. SEWN ON RETROREFLECTIVE LETTERING Each jacket shall have 2" lime/yellow 3M ScotchliteTM lettering on Row reading: CCFD Each jacket shall have 2" lime/yellow 3M ScotchliteTM lettering on an HLP reading: FF LAST NAME I. HANGING LETTER PATCH (HLP) The hanging letter patch shall be constructed of a double layer of black outer shell material. The letter patch will attach to the rear inside hem of the jacket with a combination of snap fasteners and FR hook & loop fastener tape. Page 5 of 19 J. COLLAR & FREE HANGING THROAT TAB The collar shall consist of a minimum four-layer construction and be of one- piece design. There shall be two layers of specified moisture barrier material sandwiched in between two layers of outer shell fabric (see Moisture Barrier section). The forward inside ply of moisture barrier shall be sewn to the inside of the collar along the edges only. The multi-layers configuration shall provide protection from water and other hazardous elements, while maintaining thermal protection. The collar shall be a minimum of 3 inches high and graded to chest size. The leading edges of the collar shall extend up evenly from the leading edges of the jacket front body panels so that no gap occurs at the throat area. The collar back layers of outer shell and moisture barrier shall be joined to the body panels with a minimum of two rows of stitching. The collar front layers of outer shell and moisture barrier fabric shall have a series of 6 snap fasteners spaced equidistant to minimize gaps on lower edge of the collar. The top most collar shall be turned under and finished such that the snaps on the collar will not be able to contact the wearer's skin. There shall be 6 corresponding snap fasteners on a moisture barrier leader, which is sewn to the thermal liner system to engage the snaps on the collar. The snaps on the thermal liner system leader will be installed such that they do not penetrate from the outer shell through to the inner layers. This moisture barrier leader on the thermal line system shall be sandwiched between the underside of the top collar shell fabric and moisture barrier material and the bottom collar shell fabric and moisture barrier material so as to reduce the possibility of liner detachment while donning and doffing. The throat tab shall be a scoop type design and constructed of two plies of outer shell material with two center plies of moisture barrier material. The throat tab shall measure not less than 3 inches wide at the center tapering to 2 inches at each end with a total length of approximately 9 inches. The throat tab will be attached to the right side of the collar by a 1 inch wide by 1 inch long piece of Nomex® twill webbing. The throat tab shall be secured in the closed and stowed position with FR hook and loop fastener tape. The FR hook and loop fastener tape shall be oriented to prevent exposure to the environment when the throat tab is in the closed position. Two 1 '/2 inch by 3 inch pieces of FR loop fastener tape shall be sewn vertically to the inside of each of the throat tab. Corresponding pieces of FR hook fastener tape measuring 1 inch by 3 inches shall be sewn horizontally to the leading outside edge of the collar on each side, for attachment and adjustment when in the closed position and wearing a breathing apparatus mask. In order to provide a means of storage for the throat tab when not in use, a 1 inch by 3 inch piece of FR hook fastener tape shall be sewn horizontally to the inside of the throat tab immediately under the 1 '/2 inch by 3 inch pieces of FR loop fastener tape. The collar closure strap shall fold in half for storage with the FR Page 6 of 19 loop fastener tape engaging the FR hook fastener tape. A hanger loop constructed of a double layer of outer shell material shall be sewn to the top of the collar at the center. K. JACKET FRONT The jacket shall incorporate separate facings to ensure there is no interruption in thermal or moisture protection in the front closure area. The facings shall measure approximately 2 '/2 inches wide, extend from collar to hem, and be double stitched to the underside of the outer shell at the leading edges of the front body panels. A breathable moisture barrier material shall be sewn to the jacket facings and configured such that it is sandwiched between the jacket facing and the inside of the respective body panel. The breathable film side shall face inward to protect it. There shall be wicking barrier constructed of Crosstech® 2F moisture barrier material installed on the front closure system on the left and right side directly below the front facings to ensure continuous protection and overlap. The wicking barrier shall extend no more than a maximum of 3/4" beyond the inner facing and false facing shall be unacceptable. The thermal liner and moisture barrier assembly shall be attached to the jacket facings by means of snap fasteners. L. STORM FLAP A rectangular storm flap measuring approximately 3 inches wide and a minimum of 23 inches long (based on a 32" jacket) shall be centered over the left and right body panels to ensure there is no interruption in thermal or moisture protection in the front of the jacket. The outside storm flap shall be constructed of two plies of outer shell material with a center ply of breathable moisture barrier material. The outside storm flap shall be double stitched to the right side body panel and shall be reinforced at the top and bottom with bar tacks. M. STORM FLAP AND JACKET FRONT CLOSURE SYSTEM The jacket shall be closed by means of a 22 inch size #10 heavy duty high- temp smooth-gliding YKK Vision®zipper on the jacket fronts and FR hook and loop fastener tape on the storm flap. The teeth of the zipper shall be mounted on black Nomex® tape and shall be sewn into the respective jacket fronts. The storm flap shall close over the left and right jacket body panels and shall be secured with FR hook and loop fastener tape. A 1 '/2 inch piece of FR loop fastener tape shall be installed along the leading edge of the storm flap on the underside with four rows of stitching. A corresponding 1 '/2 inch piece of FR hook fastener tape shall be sewn with four rows of stitching to the front body panel and positioned to engage the loop fastener tape when the storm flap is closed over the front of the jacket. Page 7 of 19 N. CARGO/HANDWARMER EXPANSION (BELLOWS) POCKETS Each jacket front body panel shall have a 2 inch deep by 8 inch wide by 8 inch high expansion pocket, double stitched to it and shall be located such that the bottom of the pockets is at the bottom of the jacket for full functionality when used with an SCBA. Retroreflective trim shall run over the bottom of the pockets so as not to interrupt the trim stripe. Two rust resistant metal drain eyelets shall be installed in the bottom of each expansion pocket to facilitate drainage of water. The expansion pocket shall be reinforced with a layer of Kevlar® approximately 5 inches up on the inside pocket. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure 3 inches deeper than the pocket expansion and '/2 inch wider than the pocket. The upper pocket corners shall be reinforced with proven bar tacks and pocket flaps shall be reinforced with bar tacks. The pocket flaps shall be closed by means of FR hook and loop fastener tape. Two pieces of 1 '/2 inch by 3 inch FR loop fastener tape shall be installed horizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener tape. Additionally, a separate hand warmer pocket compartment will be provided under the expandable cargo pocket. This compartment will be accessed from the rear of the pocket and shall be lined with Nomex® Fleece for warmth and comfort. Shell material linings shall not be considered acceptable. (32" or shorter length) Retroreflective trim shall run over the bottom of the pockets so as not to interrupt the trim stripe. 26" length jacket - standard size pockets are not available, expansion pockets are available in either 2 inch deep by 10 inch wide by 6 inch high or 2 inch deep by 8 inch wide by 6 inches high. O. AXTION® SLEEVES The sleeves shall be of two piece construction and contoured, having an upper and a lower sleeve. Both the under and upper sleeve shall be graded in proportion to the chest size. For unrestricted movement, on the underside of each sleeve there shall be two outward facing pleats located on the front and back portion of the sleeve on the shell and thermal liner. On the moisture barrier, the system will consist of two darts, rather than pleats, to allow added length in the under sleeve. The moisture barrier darts will be seam sealed to assure liquid resistance integrity. The pleats shall expand in response to upper arm movement and shall fold in on themselves when the arms are at rest. This expansion shall allow for greater multi-directional mobility and flexibility in the shoulder and arm areas, Page 8 of 19 with little restriction or jacket rise. Neither stove-pipe nor raglan-style sleeve designs will be considered acceptable. P. SLEEVE CUFF REINFORCEMENTS The sleeve cuffs shall be reinforced with a layer of black Dragonhide® material. The cuff reinforcements shall not be less than 2 inches in width and folded in half, approximately one half inside and one half outside the sleeve end for greater strength and abrasion resistance. The cuff reinforcement shall be double stitched to the sleeve end; a single row of stitching shall be considered unacceptable. This independent cuff provides an additional layer of protection as compared to a turned and stitched cuff. Jackets finished with a turned and stitched cuff do not provide the same level of abrasion resistance and will be considered unacceptable. Q. WRISTLETS/ELASTICIZED ADJUSTABLE SLEEVE WELLS Each jacket shall be equipped with Nomex® hand and wrist guards not less than 7 inches in length and of double thickness. A separate thumbhole with an approximate diameter of 2 inches shall be recessed approximately 1 inch from the leading edge. Nomex® knit is constructed of 96% Nomex® and 4% spandex for shape retention. The color of the wristlets shall be grey. The wristlets shall be sewn to the end of the liner sleeves. Flame resistant neoprene coated cotton/polyester material shall be sewn to the inside of the sleeve shell approximately 5 inches from the sleeve end and extending toward the cuff forming the sleeve well. The neoprene sleeve well shall form an elasticized cuff end with an FR hook and loop fastener tape tab providing a snug fit at the wrist and covering the knit wristlet. This sleeve well configuration serves to prevent water and other hazardous elements from entering the sleeves when the arms are raised. The neoprene material shall also line the inside of the sleeve shell from the cuff to a point approximately 5 inches back, where it joins the sleeve well and is double stitched to the shell. Four Ara-Shield® snap tabs will be sewn into the juncture of the sleeve well and wristlet. The tabs will be spaced equidistant from each other and shall be fitted with female snap fasteners to accommodate corresponding male snaps in the liner sleeves. One of the Ara-Shield® snap tabs shall be a different color in the liner to correspond with color coded snap tabs for ease of matching the liner system to the outer shell after inspection or cleaning is completed. This configuration will ensure there is no interruption in protection between the sleeve liner and wristlet. R. LINER ELBOW THERMAL ENHANCEMENT An additional layer of thermal liner material shall be sewn to the elbow area of the liner system for added protection at contact points and increased thermal insulation in this high compression area. The elbow thermal Page 9 of 19 enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. Finished dimension shall be approximately 5 inches by 8 inches. All edges shall be finished by means of overedging. Raw or unfinished edges shall be considered unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding. S. LINER SHOULDER AND UPPER BACK THERMAL ENHANCEMENT A minimum of one additional layer of thermal liner material shall be used to increase thermal insulation in the upper back, front and shoulder area of the liner system. This full-cut thermal enhancement layer shall drape over the top of each shoulder extending from the collar to the sleeve/shoulder seam, down the front approximately 5 inches from the juncture of the collar down the back to a depth of approximately 5 3/4 inches to provide greater CCHR protection in this high compression area. The upper back, front and shoulder thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. The thermal enhancement layer shall have finished edges by means of overedging. Raw or unfinished edges, shall be considered unacceptable. Thermal scraps shall not be substituted for full- cut fabric padding. Smaller CCHR reinforcement shall not be considered acceptable since they provide far less area of coverage. T. RADIO POCKET Each jacket shall have a pocket designed for the storage of a portable radio. This pocket shall be of box type construction, double stitched to the jacket and shall have one drainage eyelet in the bottom of the pocket. The pocket flap shall be constructed of two layers of outer shell material measuring approximately 3 inches longer than the depth of the pocket and '/4 inch wider than the pocket. The pocket flap shall be closed by means of FR hook and loop fastener tape. A 1 '/2 inch by 3 inch piece of FR hook fastener tape shall be installed on the inside of the pocket flap beginning at the center of the bottom of the flap. A 1 '/2 inch by 3 inch piece of FR loop fastener tape shall be installed horizontally on the outside of the pocket near the top center and positioned to engage the hook fastener tape. In addition, the entire inside of the pocket shall be lined with neoprene coated cotton/polyester material to ensure that the radio is protected from the elements. The impermeable barrier material shall also be sandwiched between the two layers of outer shell material in the pocket flap for added protection. The radio pocket shall measure approximately 3 inches deep by 3.5 inches wide by 9 inches high and shall be installed on the left chest. U. MICROPHONE STRAPS Straps shall be constructed to hold a microphone for a portable radio. They Page 10 of 19 shall be sewn to the jacket at the ends only and shall be constructed of double layer outer shell material. The size of the microphone strap shall be 1 inch x 3 inches. The microphone straps shall be mounted in the following locations: • 1-Horizontally above the radio pocket • 1-Horizontally three inches from the top of the storm flap 3. PANT CONSTRUCTION A. BODY The body of the shell shall be constructed of four separate body panels consisting of two front panels. The body panels shall be shaped so as to provide a tailored fit, thereby enhancing body movement and shall be joined together by double stitching with Nomex® thread. The body panels and seam lengths shall be graded to size to assure accurate fit in a broad range of sizes. The front body panels will be wider than the rear panels will be wider than the rear body panels to provide more fullness over the knee area. This is accomplished by rolling the side leg seams (inside and outside) to the rear of the pant leg beginning at the knee. The slight taper will prevent premature wear of the side seams by pushing them back and away from the primary high abrasion areas encountered on the sides of the lower legs. B. AXTION® SEAT The rise of the rear pant center back seam, including gusset if any, from the top back of the waistband to where it intersects the inside leg seams at the crotch shall exceed the rise at the front of the pant by 8 inches. The longer rear center back seam provides added length in the seat for mobility without restriction when stepping up, kneeling, or crawling and maintains proper alignment of the knee, without twisting, directly over the knee pads when kneeling and crawling. C. LINER ACCESS OPENING (PANT) The thermal liner and moisture barrier layers of the pant liner system shall be constructed in such a way as to allow an access opening for interior inspection, service and replacement. The thermal liner and moisture barrier layers shall be stitched together for security and prevention of inadvertent use of one layer without the other. The liner system shall have a reinforcement of black Nomex® twill material sewn to the bottom of the fly opening. This reinforcement will serve to prevent the liner from tearing in that area from the constant donning and doffing of the pants. The liner system of the pant shall incorporate an opening along the back of the waistline for ease in inspecting the inner layers and to facilitate performing the complete Page 11 of 19 Liner Inspection. The thermal liner and moisture barrier shall be individually bound with a neoprene coated bias cut tape and joined together on each of the front panels, along the waistband from the front fly opening to side seam. The back of the liner system will be allowed to remain open with two snaps on either side of the back seam to attach the moisture barrier layer to the thermal liner layer. As described previously, the pant thermal layer system snaps directly to the independent waistband by means of nine snap fasteners. There shall be no hook and loop used to close the liner access opening. D. RETROREFLECTIVE FLUORESCENT TRIM The pants shall have a stripe of retroreflective fluorescent trim encircling each leg below the knee to comply with the requirements of NFPA #1971 in 3 inch lime/yellow 3M ScotchliteTm Triple Trim (L/Y borders with silver center). The bottom of the trim band shall be located approximately 3" above cuff. E. REINFORCED TRIM STITCHING All reflective trim is secured to the outer shell with Nomex® thread, using a locking chainstitch protected by our exclusive TrimTrax® system. Developed exclusively by Globe Manufacturing Co., LLC. This strip of 3/32-inch strong, durable, flame resistant black Kevlar® cording provides a bed for the stitching along each edge of the retroreflective fluorescent trim surface and affords extra protection for the thread from abrasion. TrimTrax® has been proven to be 5 to 7 times more durable than single or even double rows of stitching, significantly reducing maintenance costs and providing more value and a longer service life. Two rows of stitching used to attach the trim in place of the TrimTrax® shall be considered an unacceptable alternative, since it has been proven that the two rows of stitching has insignificant impact on wear life. All trim ends shall be securely sewn into a seam for a clean finished appearance. F. ELASTICIZED WAISTBAND The pant design facilitates the transfer of the weight of the pant to the hips instead of shoulders and suspenders. The two rear outer-shell body panels, beginning at the pant side seams, shall incorporate an elasticized waist insert, running from the side seam towards the back of the trouser for an approximate distance of 4 inches. The rear elasticized waist inserts shall be integral to the shell of the pant and the elasticized portions shall be covered by the outer shell fabric of the pant. The waist area of the pants shall be reinforced on the inside with a separate piece of black aramid outer shell material, cut on the bias (diagonally). The reinforcement shall be folded in half, for a finished bottom edge and shall have a finished width of not less than approximately 1 '/2 inches. The top Page 12 of 19 edge of the waistband reinforcement shall be double stitched to the outer shell at the top of the pants. The lower edge of the waistband shall be unattached to the shell to accept the thermal liner and moisture barrier. The top of the thermal liner and moisture barrier shall be secured to the underside of the waistband reinforcement by means of nine snaps, spaced equidistant along the length of the waistband reinforcement. Inserting the liner system between the waistband reinforcement and outer shell serves to reduce the possibility of liner detachment while donning and doffing. The independent waistband construction affords greater comfort and fit than a turned and stitched method. Pants that do not include an independent waistband or are not cut on the bias will not provide the same amount of stretch to the garment and shall be considered unacceptable. G. EXTERNAL/INTERNAL FLY FLAP The pants will have a vertical outside fly flap constructed of two layers of outer shell material, with a layer of moisture barrier material sandwiched between. The fly flap shall be double stitched to the left front body panel and shall measure approximately 2 3/4 inches wide, with a length graded to size based on waist measurement and reinforced with back tacks at the base. An internal fly flap constructed of one layer of outer shell material, thermal liner and specified moisture barrier, measuring approximately 2 inches wide, with a length graded to size based on waist, shall be sewn to the leading edge of the right front body panel. The underside of the outside fly flap shall have a 1 '/2 inch wide piece of FR loop fastener tape quadruple stitched full length along the shell material only; stitching shall not penetrate the moisture barrier insert between the two shell fabric layers to insure greater thermal protection and reduced water penetration. A corresponding strip of 1 '/2 inch wide piece of FR hook fastener tape shall be quadruple stitched to the outside right front body panel securing the fly in a closed position. H. BELT Each pant shall include an approximate 2 inch wide black aramid belt with a self-locking hi-temp thermoplastic buckle serving as the exterior primary positive locking closure. Sizing adjustment shall be provided by means of the black belting which can be threaded through the male portion of the 2 inch thermoplastic buckle; this buckle shall also provide a quick-release mechanism for donning and doffing. The belt shall be attached to the two front body panels of the pant at the side seams and shall run through tunnels constructed of black 7 '/2 osy aramid outer shell material, protecting the belt from damage. The tunnels will begin at the side seams and run to the front of the pant, terminating at the buckle closure system. A single belt loop constructed of a double layer of black 7 '/2 osy aramid measuring Page 13 of 19 approximately '/2 inch by 3 inches shall be attached to the topside of the right side tunnel. The belt loop will be located approximately 2 inches from the tunnel opening for storage of the belt tab. I. MICROPHONE STRAP A strap shall be constructed to hold a microphone for a portable radio. It shall be sewn to the pant at the ends only and shall be constructed of double layer outer shell material. The size of the microphone strap shall be 1 inch x 3 inches. The microphone strap shall be mounted vertically at the top center rear of the pant. J. AXTION® KNEE The outer shell of the pant legs shall be constructed with horizontal expansion pleats in the knee area with corresponding darts in the liner to provide added fullness for increased freedom of movement and maximum flexibility. The pleats shall be folded to open outwardly towards the side seams to insure no restriction of movement. The AXTION® knee will be installed proportionate to the pant inseam, in such a manner that it falls in an anatomically correct knee location. The thermal liner shall be constructed with four darts per leg in the front of the knee. Two will be located above the knee (one on each side) and two will be located below the knee (one on each side). On the moisture barrier, the system will consist of two darts, rather than pleats, to allow added length in the under knee. The darts in the liner provide a natural bend at the knee. The darts in the liner work in conjunction with the expansion panels in the outer shell to increase freedom of movement when kneeling, crawling, climbing stairs or ladders, etc. K. LINER KNEE THERMAL ENHANCEMENT A minimum of one additional layer of specified thermal liner and one additional layer of moisture barrier material, measuring a minimum of 9 inches by 11 inches, will be sewn to the knee area of the line, system for added CCHR protection and increased thermal insulation in this high compression area. The knee thermal enhancement layers shall be sandwiched between the thermal liner and moisture barrier layers of the liner system and shall be stitched to the thermal liner layer only. The thermal enhancement layer shall have finished edges by means of overedging. Raw or unfinished edges shall be considered unacceptable. Thermal scraps shall not be substituted for full-cut fabric padding. Smaller CCHR reinforcement shall not be considered acceptable since they provide far less area of coverage. Page 14 of 19 L. KNEE REINFORCEMENTS The knee area shall be reinforced with a layer of black Dragonhide® material. The knee reinforcement shall be centered on the leg to insure proper coverage when bending, kneeling and crawling. The knee reinforcements shall measure 9 inches wide by 12 inches high and shall be double stitched to the outside of the outer shell in the knee area for greater strength and abrasion resistance. The knee reinforcement specified shall be removable without opening up any seams of the outer shell of the pant. The knee reinforcement specified shall be removable for replacement without opening Major A seams of the outer shell of the pant. M. PADDING UNDER KNEE REINFORCEMENTS Padding for the knees shall be accomplished with one layer of Silizone® foam, sandwiched between the thermal liner and moisture barrier. N. EXPANSION (BELLOWS) POCKETS An expansion pocket, measuring approximately 2 inches deep by 10 inches wide by 10 inches high shall be double stitched to the side of each leg straddling the out seam above the knee and positioned to provide accessibility. The lower half of each expansion pocket shall be reinforced with an additional layer of Kevlar® twill material on the inside. Two rust resistant metal drain eyelets shall be installed on the underside of each expansion pocket to facilitate drainage of water. The pocket flaps shall be rectangular in shape, constructed of two layers of outer shell material and shall measure 3 inches deeper than the pocket expansion and 1/2 inch wider than the pocket. The upper pocket corners shall be reinforced with proven bar tacks and pocket flaps shall be reinforced with bar tacks. The pocket flaps shall be closed by means of FR hook and loop fastener tape. Two pieces of 1 '/2 inch by 3 inch FR hook fastener tape shall be installed vertically on the inside of each pocket flap (one piece on each end). Two corresponding pieces of 1 '/2 inch by 3 inch FR loop fastener tape shall be installed horizontally on the outside of each pocket near the top (one piece on each end) and positioned to engage the hook fastener tape. O. PANT CUFF REINFORCEMENTS The cuff area of the pants shall be reinforced with a layer of black Dragonhide® material. The cuff reinforcement shall not be less than 2 inch in width and folded in half, approximately one half inside and one half outside the end of the legs for greater strength and abrasion resistance. The cuff reinforcement shall be double stitched to the outer shell for a minimum of two rows of stitching. This independent cuff provides an additional layer of protection over a hemmed cuff. Pants that are turned and stitched at the cuff, as opposed to an independent cuff reinforcement, do not provide the same level of abrasion resistance and shall be considered unacceptable. Page 15 of 19 P. PADDED RIP-CORD SUSPENDERS & ATTACHMENT On the inside waistband shall be attachments for the standard "H" style "Padded Rip-Cord" suspenders. There will be four attachments total -2 front, 2 back. The suspender attachments shall be constructed of a double layer of black aramid measuring approximately '/2 inch wide by 3 inches long. They shall be sewn in a horizontal position on the ends only to form a loop. The appearance will be much like a horizontal belt loop to capture the suspender ends. A pair of "H" style "Padded Rip-Cord" suspenders shall be specially configured for use with the pants. The main body of the suspenders shall be constructed of 2 inch wide black webbing straps. The suspenders shall run over each shoulder to a point approximately shoulder blade high on the back, where they shall be joined by a 2 inch wide horizontal piece of webbing measuring approximately 8 inches long, forming the "H". This shall prevent the suspenders from slipping off the shoulders. The shoulder area of the suspenders will be padded for comfort by fully encasing the webbing with aramid batting and wrap-around black aramid. The rear ends of the suspenders will be sewn to 2-inch wide elasticized webbing extensions measuring approximately 8 inches in length and terminating with thermoplastic loops. The forward ends of the suspender straps shall be equipped with specially configured black powder coat non- slip metal slides with teeth. Through the metal slides will be the 9 inch lengths of strap webbing "Rip-Cords" terminating with thermoplastic loops on each end. Pulling on the "Rip-Cords" shall allow for quick adjustment of the suspenders. Threaded through and attached to the thermoplastic loops on the forward and rear ends of the suspenders will be black aramid suspender attachments incorporating two snap fasteners. The aramid suspender attachments are to be threaded through the suspender attachment loops on the inside waistband of the pants. The aramid suspend attachments will then fold over and attach to themselves securing the suspender to the pants. Q. REVERSE BOOT CUT The outer shell pant leg cuffs will be constructed such that the back of the leg is approximately 1 inch shorter than the front. The liner will also have a reverse boot cut at the rear of the cuff and a concave cut at the front to keep the liner from hanging below the shell. This construction feature will minimize the chance of premature wear of the cuffs and injuries due to falls as a result of "walking" on the pant cuffs. Pants that have "cut-outs" in the back panel rather than a contoured boot cut shall be considered Page 16 of 19 unacceptable. 4. THIRD PARTY TESTING AND LISTING PROGRAM All components used in the construction of these garments shall be tested for compliance to NFPA Standard #1971 by Underwriters Laboratories (UL). Underwriters Laboratories shall certify and list compliance to that standard. Such certification shall be denoted by the Underwriters Laboratories certification mark. 5. LABELS Appropriate warning label(s) shall be permanently affixed to each garment. Additionally, the NFPA certification label shall include the following information: Compliance to NFPA Standard #1971 Underwriters Laboratories classified mark Manufacturer's name Manufacturer's address Manufacturer's garment identification number Date of manufacture Size 6. ISO CERTIFICATION/REGISTRATION The protective clothing manufacturer shall be certified and registered to ISO Standard 9001 to assure a satisfactory level of quality. 7. WARRANTY The manufacturer shall warrant these jackets and pants to be free from defects in materials and workmanship for their serviceable life when properly used and cared for. 8. HOOK AND LOOP SUPPORT PROGRAM Support program shall cover hook or loop tape that has begun to fray or otherwise degrade from normal wear. This program shall remain in effect for a period of five years from the original date of manufacture of the garment. This support program shall cover the repair or replacement, without charge, of any hook and/or loop on the garments produced by the manufacturer providing the garments are otherwise serviceable. This support program does NOT cover damage from fire, heat, chemicals, Page 17 of 19 misuse, accident or negligence. Failure to properly care for garments will serve to void this support program. 9. SIZING BY VENDOR Both male and female sizing samples shall be available. Measuring with a tape measure is not acceptable. 10. GARMENT TRAINING AND SUPPORT OSHA requires employees be trained on the capabilities and limitations of their Personal Protective Equipment. The selected vendor shall provide the following: On-site care and maintenance training shall be provided by the manufacturer. Training shall be in compliance with NFPA 1851 , current edition, at the conclusion of which each participant shall receive a certificate of completion. An on-site OSHA mandated training class on the Knowing the Limits of Your PPE shall be provided at no charge. The training shall include structural firefighting coat, pants and boots. 11. BAR-CODE/RECORD KEEPING INTERFACE A 1 dimensional barcode, in the interleaved 2 of 5 format shall be printed on the label of each separable layer of the garment. This barcode shall represent the serial number of the garment. The manufacturer shall be able to provide a detailed list of each asset of a drop-shipped order, and shall include the following: • Brand • Order Number • Serial Number • Style Number • Color • Description • Chest/Waist Size • Jacket/pant length • Sleeve Length • Date of Manufacture • Mark-For Data Page 18 of 19 This information shall be able to be imported into the manufacturers web-based system designed to facilitate the organization and tracking of assets in accordance with the cleaning and inspection requirements of OSHA and NFPA 1851 . 12. PPE RECORD KEEPING The manufacturer shall make available and no-charge, a password protected data based backed website that does not care whose brand of PPE assets are being recorded. The website shall have the functionality to allow the manufacturer to import all of the pertinent data into the department's account so that the initial data entry by fire department personnel is eliminated. The website shall allow for the department to use a barcode scanner, if desired, to scan the interleaved 2 of 5 barcode found in the gear b going to the Search the Serial Number page in PPE record keeping program, and scanning the asset's barcoded serial number. 13. EXCEPTIONS TO SPECIFICATIONS Any and all exceptions to the above specifications must be clearly stated for each heading. Use additional pages for exceptions, if necessary. 14. COUNTRY OF ORIGIN Jackets and pants shall be manufactured in the United States. Page 19 of 19 Attachment B: Bid/Pricing Schedule more INOUS-riRm-S, INC- Fire Equipment Sales & Service Providing► Protection for those Who Protect Us since 1950 1920 Rankin Road Suite 155 Houston,Texas 77073 281443-0999 Office 281443-0858 Fax QUOTATION To: CORPUS CHRISTI FD Ship to: Same Attn: ADAM GUERRA Fax: NEW PRICING 2018 E-Mail: adamg@cctexas.com STARTING JULY 1, 2018 VALID FOR 90 DAYS Date Quoted By Date Expected Ship Via F.O.B. Terms 4/24/18 TERIRUTTER Best Way Shipping Point NET 30 Qty Description Unit Price Total 90 GLO-1 5757G 1,104.66 99,419.40 COAT GX3J/AGILITY PER CORPUS CHRISTI SPEC 90 GLO-25757G 814.33 73,289.70 PANT GX3P/AGILITY PER CORPUS CHRISTI SPEC PRICES GOOD UNTIL 12/30/18 PER RAYMOND NO FREIGHT CHARGE IF INVOICE IS PAID WITHIN 30 DAYS OF RECIEPT Sub Total $172,709.10 Shipping $1,970.00 TOTAL $174,679.10 TERI RUTTER/SECRETARY-SALES teri@cascoindustries.com Page 1 of 1 Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Fire Chief one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 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. Page 1 of 3 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements CCFD Order and Delivery of Firefighting Clothing 05/02/2018 sw Risk Management Valid Through 12/31 /2018 Page 3 of 3 Attachment D: Warranty Requirements The manufacturer shall warrant these jackets and pants to be free from defects in materials and workmanship for their serviceable life when properly used and cared for. Page 1 of 1 se o� � v AGENDA MEMORANDUM N0ORPOR IEO Future Item for the City Council Meeting of June 12, 2018 1852 Action Item for the City Council Meeting June 19, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(a�cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 132(acctexas.com (361) 826-3169 Three-Year Service Agreements for Mowing and Grounds Maintenance Services CAPTION: Motion authorizing two, three-year service agreements with CML Services, LLC of Corpus Christi, Texas, for mowing and grounds maintenance services for street right-of-ways for Flour Bluff groups FB1 and FB3 for a total amount not to exceed of $135,684. PURPOSE: The service agreement will provide mowing and grounds maintenance services for street right-of-ways for Flour Bluff groups FB1 and F133. The contract value for group FB1 is $72,900 and group FB3 is $62,784 for a total not to exceed for both contracts of$135,684. BACKGROUND AND FINDINGS: The mowing and grounds maintenance services of street right-of-ways assist in ensuring that the grounds at each site are safe, secure, and presentable at all times. The estimated cost for the Parks & Recreation Department to execute the same or similar work with in- house crews would be $243,894; therefore, it is beneficial for the City to contract out these mowing parcels. The department currently does not have the appropriate staffing level or equipment to perform these services. The Purchasing Division conducted multiple competitive Request for Bid processes to obtain bids for new contracts. The City received four responsive, responsible bids for RFB No. 1349 for group FB1 and four responsive, responsible bids for RFB No. 1512 for group FB3 and is recommending multiple awards to CML Services, LLC, as the lowest responsive responsible bidder for each RFB. 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 $893,445.84 $120,608.00 $1,014,053.84 Encumbered / Expended Amount $703,756.36 0.00 $703,756.36 This item $15,076.00 $120,608.00 $135,684.00 BALANCE $174,613.48 0.00 $174,613.48 Fund(s): Storm Water Comments: The contract value for group FB1 is $72,900 and group FB3 is $62,784 for a total not to exceed for both contracts of$135,684 of which $15,076 is funded in FY2017- 2018 budget. Each contract is a three-year term. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement — FB1 Service Agreement — FB3 Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID NO.1349 BUYER:ROBERTA ORTIZ MOWING AND GROUNDS MAINTENANCE SERVICES FOR STREET RIGHT-OF-WAYS FB1 CML Services,LLC La Med Facility Maintenance ABBA Construction,LLC Triple G Lawn Services ITEM DESCRIPTION CYCLES Corpus Christi,TX San Antonio,TX Laredo,TX Corpus Christi,TX UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED EXTENDED PRICE PRICE PRICE PRICE PRICE PRICE UNIT PRICE PRICE 1 Year One-FB1 12 $2,025.00 $24,300.00 $2,700.00 $32,400.00 $6,883.00 $82,596.00 $12,500.00 $150,000.00 2 Year Two-FB1 12 $2,025.00 $24,300.00 $2,700.00 $32,400.00 $6,883.00 $82,596.00 $13,750.00 $165,000.00 3 Year Three-FB1 12 $2,025.00 $24,300.00 $2,700.00 $32,400.00 $6,883.00 $82,596.00 $15,000.00 $180,000.00 $72,900.00 $97,200.00 $247,788.00 $495,000.00 BID TABULATION BID NO.1512 MOWING AND GROUNDS MAINTENANCE SERVICES FOR STREET RIGHT-OF-WAYS FB3 CML Services,LLC La Med Facility Maintenance ABBA Construction,LLC Triple G.Lawn Services ITEM DESCRIPTION CYCLES Corpus Christi,TX San Antonio,TX Laredo,TX Corpus Christi,TX UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED EXTENDED PRICE PRICE PRICE PRICE PRICE PRICE UNIT PRICE PRICE 1 Year One-FB3 12 $1,744.00 $20,928.00 $3,765.00 $45,180.00 $5,216.00 $62,592.00 $8,500.00 $102,000.00 2 Year Two-FB3 12 $1,744.00 $20,928.00 $3,765.00 $45,180.00 $5,216.00 $62,592.00 $9,350.00 $112,200.00 3 Year Three-FB3 12 $1,744.00 $20,928.00 $3,765.00 $45,180.00 $5,216.00 $62,592.00 $10,200.00 $122,400.00 $62,784.00 $135,540.00 $187,776.00 $336,600.00 Grand Total for all contract awards to CML Services,LLC is$135,684. SC 0 > SERVICE AGREEMENT NO. 1349 U Mowing and Grounds Maintenance Services for Street Right-of-Ways bO RPOR Af� 1852 Flour Bluff Group 1 THIS Mowing and Grounds Maintenance Services for Street Right-of-Ways Flour Bluff Group 1 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and CML Services, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide mowing and grounds maintenance services for street right-of-ways Flour Bluff group 1 in response to Request for Bid/Proposal No. 1349 ("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 mowing and grounds maintenance services for street right-of-ways Flour Bluff group 1 ("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 36 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 $72,900.00, 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: Joshua Wentworth Department: Parks and Recreation 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 and Recreation Superintendant Address: 1201 Leopard Street, 3rd Floor Parks & Recreation Corpus Christi, Texas 78401 Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: CML Services, LLC Attn: Sandra Alvarez Title: President/CEO Address: 6262 Weber Road, Suite 103, Corpus Christi, Texas 78413 Phone: 361-730-9191 Fax: None 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, 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: Bre Date: SILK`I � CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1349 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 Mowing and Grounds Maintenance Services of Street Right-of-Ways for Flour Bluff Group 1 (FB1 ) as outlined in this Scope of Work. Contractor shall ensure that the grounds at each site are safe, secure, and presentable at all times. The Scope of Work outlines the methods, procedures, and specifications to be used to perform mowing and grounds maintenance services. 2. Scope of Work Services are required for complete mowing and grounds maintenance care which shall include litter and debris removal, mowing, trimming and applying fertilizer to the City owned properties shown in Exhibit A-1 Locations. The Contractor will provide all labor, supplies and equipment necessary to perform the work. The Contractor shall be responsible for timely performance of the work stated in the scope of work. A. Prep Work 1 . The Contractor and all related employees shall attend an orientation prior to the term of the contract and every calendar year thereafter. Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations, including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches' square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. B. Post Work 1 . After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's pricing and such cost shall be included in the RFB. Proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. 2. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Page 1 of 8 3. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. C. Mowing and Trimminq Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 1 . Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 2. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 3. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 4. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 5. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. Page 2 of 8 6. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. 7. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every cycle. D. Cycles Description Improve Right-of-Ways Group 1`131 • Monthly - 12 cycles per year E. Weed Control Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. 3. Work Site and Conditions A. The work shall be performed at various locations throughout the City as defined by Exhibits A-1 Locations and A-2 Map. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the Contract Administrator. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. E. Ozone Warning Days: 1 . No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. Page 3 of 8 However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2. Push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be included in the contract pricing. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS Page 4 of 8 notebook by the Contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 6. Security and Protection of Property A. Security Requirements: 1 . The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1 . The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. 3. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. 7. Notification and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. Page 5 of 8 C. The Contractor shall submit invoices only after cycles are completed. All areas have a 10% invoice reduction for unsatisfactory or incomplete work. A 10% invoice reduction will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property missed based on the average price per acre. The 10% reduction will apply to the adjusted invoice total. D. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. E. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Page 6 of 8 Exhibit A-1 Locations GROUP FB 1 'wr 10 CURRENT LOCATION AREA Cycles YEARLY TOTAL AREA Woodcrest - Don Patricio to Purdue Rd. 1.49 12 17.88 Stardust - Don Patricio Rd. to Division Rd. 0.77 12 9.24 Sentinel - Purdue Rd. to Don Patricio 1.44 12 17.28 Sunnycrest - Don Patricio Rd. to Division Rd. 0.75 12 9 Orange - Don Patricio Rd. to Division Rd. 0.73 12 8.76 Lynhurst - Don Patricio Rd. to Dead End South 0.23 12 2.76 Sandy Way - Don Patricio Rd. to Dead End-South 0.33 12 3.96 Amber - Don Patricio Rd. to Graham 1.70 12 20.4 Crestmont - Don Patricio Rd. to Division Rd. 0.74 12 8.88 Greer - Purdue Rd. to Utica St. 0.35 12 4.2 011ie - Purdue Rd. to Utica St. 0.36 12 4.32 Lorine - Utica St. to Rose St. 0.78 12 9.36 Sands - Utica St. to Tulia St. 0.70 12 8.4 Tulia - Dead End West to Sands 0.39 12 4.68 Ester - Sands to End of Ester 0.57 12 6.84 Roseanne - Sands to Ester Dr. 0.64 12 7.68 Utica - Sands Dr. to Dead End West 0.88 12 10.56 Rose - Lorine Dr. to Grand View Fence 0.44 12 5.28 Dune -Tulia St. to Rose St. 0.21 12 2.52 Acres 13.50 162 Page 7 of 8 Exhibit A-2 Map FBI ' r � k '1 G _~`I� � a, CO. ••� � � �r � �(.pi�+' - c Rao , � r� � ��k Kp� v n aFlourE3luff� r' �EE , 4m ��' � ❑ � Ja'c-R-io'ge-3r1 ./ Ooe earth � '� ,� �6�eaoak�G,• } �{y i Imagery Date:t,F,20t7 27°391P.45'N� 91°1744.44"W eledl: 14�ft� eye alt 11520 ft(,) Page of Attachment B: Bid/Pricing Schedule ° usC� CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1349 SNC BPUPPZE 1852 Mowing and Grounds Maintenance Services for Street Right-of-Ways for Flour Bluff Group 1 PAGE 1 OF 1 Date: 3/21/18 Authorized Bidder: CML Services, LLC Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price 1. Year One -Mowing and Grounds Cycle 12 Maintenance of Street Right-of- i l + QV 2_j 00,U Ways for FBI 2. Year Two -Mowing and Grounds Cycle 12 Maintenance of Street Right-of- 10 �p 14, W, b Ways for FBI 3. Year Three-Mowing and Cycle 12 Grounds Maintenance of Street Right-of-Ways for FBI Grand Total 6 Attachment C: Insurance and Bond Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must 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. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two 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 and Auto Liability policies, and a waiver of subrogation 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 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 AUTOMOBILE LIABILITY $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Additio (All States Endorsement if Company is not Requirements of this section. domiciled in Texas) Employer's Liability 500,000 / $500,000 / $500,000 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - Page 1 of 3 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 an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant 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 replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. 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 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 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 calendar days advance written notice for nonpayment of premium. 5. Within five 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 Page 2 of 3 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 Consultant 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 agreement. 2018 Insurance Requirements Purchasing Mowing and Complete Grounds Maintenance 01/23/2018 sw Risk Management Valid Through 12/31/2018 Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service. Page 1 of 1 SC 0 > SERVICE AGREEMENT NO. 1512 U Mowing and Grounds Maintenance Services for bO RPOR Af� 1852 Street Right-of-Ways Flour Bluff Group 3 THIS mowing and grounds maintenance services for street right-of-ways Flour Bluff group 3 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and CML Services, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide mowing and grounds maintenance services for street right-of-ways Flour Bluff group 3 in response to Request for Bid/Proposal No. 1512 ("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 mowing and grounds maintenance services for street right-of-ways Flour Bluff group 3 ("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 36 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 $62,784.00, 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: Joshua Wentworth Department: Parks and Recreation 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: City of Corpus Christi Title: Parks and Recreation Superintendant Address: 1201 Leopard St, 3rd Floor Parks & Recreation Corpus Christi, Texas 78401 Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: CML Services, LLC Attn: Sandra Alvarez Title: President/CEO Address: 6262 Weber Road, Suite 103, Corpus Christi, Texas 78413 Phone: (361 ) 730-9191 Fax: None 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, 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: 671�4 � iQ�Uar�z�— Title: �� C � 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. 1512 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 Mowing and Grounds Maintenance Services of Street Right-of-Ways for Flour Bluff Group 3 (FB3) as outlined in the Scope of Work. Contractor shall ensure that the grounds at each site are safe, secure, and presentable at all times. The Scope of Work outlines the methods, procedures, and specification to be used to perform mowing and grounds maintenance services. 2. Scope of Work Services are required for complete mowing and grounds maintenance care which shall include litter and debris removal, mowing, trimming and applying fertilizer to the City owned properties shown in Exhibits A-2 - Map. The Contractor will provide all labor, supplies and equipment necessary to perform the work. The Contractor shall be responsible for timely performance of the work stated in the scope of work. A. Prep Work 1 . The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches' square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. B. Post Work 1 . After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's pricing and such cost shall be included in the RFB. Proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. Page 1 of 8 2. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. 3. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. C. Mowing and Trimminq Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 1 . Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 2. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 3. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 4. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 5. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. Page 2 of 8 6. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. 7. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every cycle. D. Cycles Description Improve Right-of-Ways Groups FB3 • Monthly - 12 cycles per year E. Weed Control Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. 3. Work Site and Conditions A. The work shall be performed at various locations throughout the City as defined by Exhibits A-1 Locations and A-2 Map. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the Contract Administrator. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. Page 3 of 8 E. Ozone Warning Days: 1 . No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2. Push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the Page 4 of 8 intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be included in the contract pricing. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the Contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 6. Security and Protection of Property A. Security Requirements: 1 . The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1 . The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. 3. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. 7. Notification and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be Page 5 of 8 charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% invoice reduction for unsatisfactory or incomplete work. A 10% invoice reduction will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% reduction will apply to the adjusted invoice total. D. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. E. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Page 6 of 8 Exhibit A-1 - Locations ffG R,0 u CURRENT LOCATION AREA Cycles YEARLY TOTAL AREA Webb - Military Dr. to NAS Dr. 0.54 12 6.48 Scotland - Military Dr. to NAS Dr. 0.58 12 6.96 Claride - Military Dr. to NAS Dr. 0.52 12 6.24 Anchor-Jester to Dead End 0.74 12 8.88 Aviation - 413 Aviation Dr. to Skipper Ln. 0.16 12 1.92 Jester - Dead End West to Dead End East 3.13 12 37.56 Marine - 1406 Marine St. to Hermine Dr. 0.04 12 0.495867769 Dewitt - 1310 Dewitt St. to Stone 0.21 12 2.52 Dema - Talmadge to Stone 0.25 12 3 Hermine St - Marine St. to Dewitt St. 0.20 12 2.4 Green Bay- Matlock to SPID 0.25 12 3 McIver- Matlock St. to Dead End North 0.48 12 5.76 Navy - NAS DR. to NAS Fence Line 0.35 12 4.2 Carleta - Skipper to Valerie 0.25 12 3 Judie - Cora Lee Dr. to Mounts Dr. 0.18 12 2.16 Linnet - Cora Lee Dr. to Mounts Dr. 0.17 12 2.04 Melody - Admiral Dr. to Mounts Dr. 0.18 12 2.16 Mirror - Admiral Dr. to Mounts Dr. 0.16 12 1.92 NAS Upper Triangle- 700 Waldron Rd. @ NAS Dr. 0.33 12 3.96 Acres 8.72 104.65586769 Page 7 of 8 e� oar\� r. YyA • i • i. �„ � �r ;4 t•F J'1Qr v y !" r a { 'dq • ,� Ski ame Q 9 44 1' 0'n �` r��. �„,� � µ .�:\.. jig •a� ` Google E h 02011 Google i 20004 Attachment B: Bid/Pricing Schedule so CITY OF CORPUS CHRISTI °+ a BID FORM v t�; PURCHASING DIVISION Mr AP a Efl RFB No. 1512 2a�2 Mowing and Grounds Maintenance Services for Street Right-of-Ways for Flour Bluff Group 3 Date: 3/21/18 PAGE 1 OF 1 Authorized Bidder: CML Services, LLC Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY U 1t Price Total Price 1. Year One-Mowing and Grounds Cycle 12 Maintenance of Street Right-of- Ways ight-of-Wa s for FB3 ` 2. Year Two-Mowing and Grounds Cycle 12 I Maintenance of Street Right-of- Ways ight-of-Wa s for F83 I +Lt,tT t 3. Year Three-Mowing and Cycle 12 _ b ,t)0 I Grounds Maintenance of Street f�P« 3 f't%-- � Right-of-Ways for FB3 114-4-i to Grand Total •C Lz)1 , U0 Page 1 of 1 Attachment C: Insurance and Bond Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must 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. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two 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 and Auto Liability policies, and a waiver of subrogation 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 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 AUTOMOBILE LIABILITY $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Additio (All States Endorsement if Company is not Requirements of this section. domiciled in Texas) Employer's Liability 500,000 / $500,000 / $500,000 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - Page 1 of 3 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 an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant 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 replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. 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 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 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 calendar days advance written notice for nonpayment of premium. 5. Within five 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 Page 2 of 3 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 Consultant 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 agreement. 2018 Insurance Requirements Purchasing Mowing and Complete Grounds Maintenance 01/23/2018 sw Risk Management Valid Through 12/31/2018 Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Warranty is not required for this service. Page 1 of 1 se o� � v AGENDA MEMORANDUM NOORPOR IEO Future Item for the City Council Meeting of June 12, 2018 1852 Action Item for the City Council Meeting June 19, 2018 DATE: May 15, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(a�cctexas.com (361) 826-3464 Meal Delivery Service Agreement Amendment CAPTION: Motion approving Third Amendment to Meal Delivery Service Agreement with R&R Delivery Service for 3 months in estimated amount of $107,305.14. PURPOSE: The R&R Delivery Service Agreement was originally approved August 25, 2014. The last extension to the agreement was February 24, 2018. The City is in the process of issuing a new bid invitation for meal delivery services. This amendment will allow the meal deliveries to continue, on a month-to-month basis, until a new agreement is awarded or the end of the fiscal period. The Meal Delivery Service Agreement is utilized by Senior Community Services to provide for the home delivery of meals to recipients of the Elderly Nutrition Program(ENP), Title XX, and Title XIX Meals on Wheels Program grants, and includes EXHIBIT A, the Summer Feeding Program Grant, funded through the Texas Department of Agriculture, from June 11, 2018 to August 3, 2018 for meal delivery at designated feeding sites for the City's free Summer Youth Feeding Program. BACKGROUND AND FINDINGS: This service consists of approximately 600 meals each day, Monday through Friday, delivered daily from 10:30 a.m. to 1:30 p.m. for the Elderly Nutrition Program. In addition, EXHIBIT A allows for the delivery of approximately 400 daily meals for the eight-week Summer Feeding Program Grant. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve amendments to the Service Agreement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Parks and Recreation Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $242,850.00 $242,850.00 Encumbered / Expended Amount $146,230.86 $146,230.86 This item $96,619.14 $96,619.14 BALANCE 0.00 0.00 Fund(s): Parks & Recreation Grant Fund — 1067 ENP Grant Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $10,686.00 $10,686.00 Encumbered / Expended Amount 0.00 0.00 This item $10,686.00 $10,686.00 BALANCE 0.00 0.00 Fund(s): Parks & Recreation Grant Fund — 1067 Summer Food Svc Program FY18 Comments: The above Financial Impact represents two separate grant budgets. ENP — 810818F Summer Food Service Program — 809219F RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Third Amendment to Meal Service Agreement THIRD AMENDMENT TO MEAL DELIVERY SERVICE AGREEMENT THIS THIRD AMENDMENT TO MEAL DELIVERY SERVICE AGREEMENT (this "Third Amendment"), is between Russell Paul James dba R&R Delivery Service ("Contractor") and the City of Corpus Christi, a political subdivision of the State of Texas, as lessee ("City"), effective as of date of last signature. RECITALS: WHEREAS, Contractor and City entered into that certain Meal Delivery Service Agreement dated as of August 25, 2014, as extended by that one certain Amendment dated May 8, 2015, as amended by that certain Amendment No. 1 dated December 27, 2016, as amended by that certain Amendment No. 2 dated August 30, 2017(as amended, the "Agreement"); WHEREAS, the City is in the process of issuing a bid invitation for meal delivery services; WHEREAS, Contractor and City now desire to further amend the Agreement as herein set forth; NOW, THEREFORE, in consideration of the premises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Amendment to Section 1. Effective as of the date hereof, Section 1, is hereby amended to read as follows: 1. Services. Contractor will provide Meal Delivery Services in accordance with Bid Invitation No. Bi-0142-14 (which includes Specification 1022 dated 03/31/11), for the per meal unit cost of $1.54. Contractor will provide meal delivery services to designated feeding sites for the City's Summer Youth Feeding Program for the period of June 11, 2018 through August 3, 2018 in accordance with the Scope of Work attached as Exhibit A for the per day flat rate of $274.00." 2 Amendment to Section 17. Effective as of the date hereof, Section 17 is hereby amended to read as follows: "17. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract or any extension period, the Contractor shall continue to provide goods/services under this Agreement, at the most current unit price under the terms of this Agreement, on a month-to-month basis, not to continue beyond September 30, 2018. This Agreement automatically expires on the effective date of a new contract." 3. Continued Effectiveness. Except as expressly modified by the terms and provisions hereof, each of the terms and provisions of the Agreement are hereby ratified and confirmed, and shall remain in full force and effect. 4. Disclosure of Interests. Contractor agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. The signatory executing this contract on behalf of Contractor verifies that the Contractor does not boycott Israel and will not boycott Israel during the term of this contract. Contractor agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Contractor agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 5. No Oral Agreements. This Third Amendment and the Agreement embody the final, entire agreement among the parties hereto. There are no oral agreements among the parties hereto. EXECUTED by and between: CITY OF CORPUS CHRISTI By: Name: Title: Date: CONTRACTOR: JAMES RUSSELL d/b/a R & R DELIVERY By: Name: Title: Date: EXHIBIT A Russell Paul James dba R&R Delivery Service ("Contractor") and the City of Corpus Christi, a political subdivision of the State of Texas, as lessee ("City"), effective as of date of last signature. SCOPE OF WORK: SUMMER FEEDING PROGRAM This quote is for the dates of June 11,2018 -August 3, 2018, and Contractor will deliver every Monday through Friday. The only exception will be July 4, 2018. This price includes all expenses,which are the following: rental of two vans,insurance,two drivers, fuel, and some supplies. Contractor will provide a hotshot service, picking up prepackaged items at the Nutrition Education Service Center (NESC), 4101 Old Brownsville Road,and delivering prepackaged items to selected sites (provided by City staff), afterwards dropping off all supplies to the NESC and providing any completed required reports. Price will be $274.00 per day-flat rate. CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: June 19, 2018 Legistar Number: 18-0644 Agenda Item: Motion approving Third Amendment to Meal Delivery Service Agreement with R&R Delivery Service for 3 months in estimated amount of $107,305.14. Amount Required: $107,305.14 Fund Name Accounting Unit Account Activity No. Amount Parks & Rec Grants 1067-142 30000 810818F $96,619.14 Parks & Rec Grants 1067-142 30000 809219F $10,676.00 Total $107,305.14 ❑ Certification Not Required Director of Financial Services Date: SC GO O� Va. v AGENDA MEMORANDUM NORPOPPEFuture Item for the City Council Meeting of June 12, 2018 1852 Action Item for the City Council Meeting June 19, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM: Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2�cctexas.com (361) 826-3169 Work Gloves Supply Agreement CAPTION: Motion authorizing a 36-month supply agreement with Gulf Coast Nut & Bolt, LLC, of Corpus Christi, Texas, for Work Gloves for various departments for a total amount not to exceed $237,739.11. PURPOSE: This is a motion to approve a supply agreement for work gloves for various departments. BACKGROUND AND FINDINGS: The work gloves 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 is recommending the award to the lowest responsive, responsible bidder, Gulf Coast Nut & Bolt, LLC. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Finance FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,800,195.15 $217,927.52 $3,018,122.67 Encumbered / Expended Amount $1,446,009.54 $0 $1,446,009.54 This item $19,811 .59 $217,927.52 $237,739.11 BALANCE $1 ,334,374.02 $0 $1 ,334,374.02 Fund(s): Stores Comments: The initial contract is for an amount not to exceed $ 237,739.11 for three years, with an estimated expenditure of $19,811.59 to be funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Purchasing Division RFB No.1631 Buyer:Cynthia Perez Work Gloves 24 Hr.Safety,LLC Corpus Gulf Coast Nut&Bolt LLC Christi,TX Corpus Christi,TX Item Description Unit 3yr.-Qty Unit Price Total Price Unit Price Total Price City Stock No.3118-Leather Palm Work Gloves,Large PR 660 $ 1.20 $ 792.00 $ 1.22 805.20 1 Seattle Glove 1160-L City Stock No.3120-Leather Driving Gloves,Small PR 2,544 $ 2.31 $ 5,876.64 $ 2.58 6,563.52 2 Seattle Glove 4064-S City Stock No.3121-Leather Driving Gloves,Medium PR 4,338 $ 2.31 $ 10,020.78 $ 2.58 11,192.04 3 Seattle Glove 4064-M City Stock No.3122-Leather Driving Gloves,Large PR 8,778 $ 2.31 $ 20,277.18 $ 2.58 22,647.24 4 Seattle Glove 4064-L City Stock No.3123-Leather Driving Gloves,Ex-Large PR 6,360 $ 2.31 $ 14,691.60 $ 2.58 16,408.80 5 Seattle Glove 4064-XL City Stock No.4112-Leather Driving Gloves,2X-Large PR 885 $ 2.59 $ 2,292.15 $ 2.96 2,619.60 6 Seattle Glove 4064-XXL City Stock No.3125-Driver's Gloves Cold Weather, PR 396 $ 3.77 $ 1,492.92 $ 3.77 1,492.92 7 Medium Seattle 9-3214R-M or equal City Stock No.3126-Driver's Gloves Cold Weather, PR 474 $ 3.77 $ 1,786.98 $ 3.77 1,786.98 8 Large Seattle 9-3214R-L or equal City Stock No.3127-Driver's Gloves Cold Weather,Ex- PR 189 $ 3.89 $ 735.21 $ 4.13 780.57 9 Large Seattle 9-3214R-XL or equal City Stock No.3128-Neoprene Gloves Short Seattle 12" PR 33 $ 0.99 $ 32.67 $ 0.99 32.67 10 Black Smooth PVC 8830-12 or equal City Stock No.3129-Neoprene Gloves Long Seattle 18" PR 2,352 $ 1.41 $ 3,316.32 $ 1.41 3,316.32 11 Black Smooth PVC 8830-12 or equal City Stock No.3130-Nitrile Work Gloves,Small NF15-S PR 30 $ 0.81 $ 24.30 $ 0.85 25.50 12 or equal City Stock No.3131-Nitrile Work Gloves,Medium NF15- PR 327 $ 0.81 $ 264.87 $ 0.85 277.95 13 M or equal City Stock No.3132-Nitrile Work Gloves,Ex-Large NF15- PR 198 $ 0.81 $ 160.38 $ 0.85 168.30 14 XL or equal City Stock No.3133-Nitrile Work Gloves,Large NF15-L PR 561 $ 0.81 $ 454.41 $ 0.85 476.85 15 lor equal City of Corpus Christi Bid Tabulation Purchasing Division RFB No.1631 Buyer:Cynthia Perez Work Gloves City Stock No.3134-Nitrile Gloves 8 Mil,Medium- BX 1,479 $ 5.88 $ 8,696.52 $ 5.20 7,690.80 16 MCR6030M or equal City Stock No.3130-Nitrile Gloves 8 Mil,Large- BX 1,551 $ 5.88 $ 9,119.88 $ 5.20 8,065.20 17 MCR6030L or equal City Stock No.3908-Nitrile Gloves 8 Mil,Ex-Large BX 4,521 $ 5.88 $ 26,583.48 $ 5.20 23,509.20 18 MCR6030XL or equal City Stock No.3137-Nitrile Foam Gloves,Small PR 7,746 $ 1.57 $ 12,161.22 $ 1.25 9,682.50 19 Manufacturer MEMG-96735 City Stock No.3138-Nitrile Foam Gloves,Medium PR 16,683 $ 1.57 $ 26,192.31 $ 1.25 20,853.75 20 Manufacturer MEMG-9673M City Stock No.3139-Nitrile Foam Gloves,Large PR 15,318 $ 1.57 $ 24,049.26 $ 1.25 19,147.50 21 Manufacturer MEMG-9673L City Stock No.3140-Nitrile Foam Gloves,Ex-Large PR 6,714 $ 10.70 $ 71,839.80 $ 1.25 8,392.50 22 Manufacturer MEMG-9673XL City Stock No.3141-Flex Grip Work Gloves,Medium 6 PR 23 per pk-CLC#125M-Handyman 1,164 $ 10.70 $ 12,454.80 $ 9.45 10,999.80 City Stock No.3142-Flex Grip Work Gloves,Large 6 per PR 24 pk-CLC#125L-Handyman 2,070 $ 10.70 $ 22,149.00 $ 9.45 19,561.50 City Stock No.3143-Flex Grip Work Gloves,Ex-Large 6 PR 25 per pk-CLC#125XL-Handyman 1,782 $ 3.53 $ 6,290.46 $ 9.45 16,839.90 City Stock No.3144-Latex Gloves,Disposable,Medium PR 26 Powder Free,MCR5055M 1,812 $ 3.53 $ 6,396.36 $ 5.42 9,821.04 City Stock No.3146-Latex Gloves,Disposable,Large PR 27 IPowder Free,MCR5055L 2,640 $ 3.53 $ 9,319.20 $ 5.42 14,308.80 28 City Stock No.3150-String Knit Gloves,Memphis#9634 PR 1,134 $ 0.24 $ 272.16 $ 0.24 272.16 Total $ 297,742.86 $ 237,739.11 mUs c.� w � SUPPLY AGREEMENT NO. 1631 U 1 Work Gloves 'yCa kPnR PE 1852 THIS Work Gloves Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Gulf Coast Nut & Bolt, LLC ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Work Gloves in response to Request for Bid No. 1631 ("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 Work Gloves 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 $237,739.11 , 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: Gulf Coast Nut & Bolt, LLC Attn: Isabelle Orrick Title: Manager Address: 4501 Leopard Street, Corpus Christi, Texas 78408 Phone: (361) 884-8074 Fax: (361 ) 884-7753 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: Title: ��'� �'l' � J Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. 1631 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Supplier shall provide work gloves for the City's Warehouse as outlined in this Scope of Work. The work gloves are used by various departments throughout the City. 1.2 Scope of Work A. The Supplier shall provide work gloves. This specification covers various work gloves 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. The Work Gloves shall consist of the following leather palm work, driver's, Neoprene, Nitrile work and foam gloves, flex grip and powder free latex gloves in various sizes. 1.3 Contractor Quality Control and Superintendence The work gloves shall be defect free, properly packed and shipped to ensure a safe delivery. 1.4 Delivery 1 . Supplier shall ship the materials in a specified time frame dictated by the Department Requestor to: City's Warehouse located at 5352 Ayers St. Building 6, Corpus Christi, Texas 78415. 2. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 3. Receipt of products that do not conform will not be accepted by the City. 4. Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. 5. Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Supplier's inability to deliver the product within the set time frame. 6. Cancellations shall be in writing and sent to Supplier by email, fax or mail. 7. No restocking fee or payment of any kind shall be owed for orders cancelled due to Supplier's inability to meet the deadline delivery date. Attachment B - Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM a PURCHASING DIVISION k axrenr a RFB No. 1 631 1852 Work Gloves 1 Date: rr PAGE 1 OF 2 r 67 f Authorized i Bidder: N - � �f Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, , communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 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 Stoc k Qty. Price Price No. Leather Palm Work Gloves, Large 9-11 1 3118 Seattle glove 1160-L PR 660 $ Leather Driving Gloves, Small 2 3120 Seattle Glove 4064-S PR 2544 $ �-, $65bS. Leather Driving Gloves, Medium �y 3 3121 Seattle Glove 4064-M PR 4338 $ Leather Driving Gloves, Large 4% y 4 3122 Seattle Glove 4064-L PR 8778 Leather Driving Gloves, Ex-Large , 5 3123 Seattle Glove 4064- XL PR 6360 $ $ 6. Leather Driving Gloves, 2X-Large 6 4112 1 Seattle Glove 4064-XXL PR 885 $ $ � Driver's Gloves Cold Weather, Medium Seattle 9-32148-M or 7 3125 equal PR 396 $ $ Driver's Gloves Cold Weather, 8 3126 Large Seattle 9-3214R-L or equal PR 474 Driver's Gloves Cold Weather, l3 Ex-Large, Seattle 9-32148-XL or 9 3127 equal PR 189 Neoprene Gloves, Short Seattle 12" Black Smooth PVC 8830-12 � 10 3128 ore ual PR 33 Neoprene Gloves, Long Seattle 18" Black Smooth PVC 8830-12 11 3129 orequal PR 2352 Nitrile Work Gloves, Small NF1S-S {° 12 3130 ore tial PR 30 $ , $ Nitrile Work Gloves, Medium NF- 13 3131 15-M orequal PR 327 $ $ ��`�• Nitrile Work Gloves, Ex-Largev 14 3132 NF15-XL orequal PR 198 Nitrile Work Gloves, Large, NF15- 15 3133 L orequal PR 561 Nitrile Gloves 8 Mil, Medium - 16 3134 MCR6030M orequal BX 1479 Nitrile Gloves 8 Mil, Large - 17 3135 MCR6030L orequal BX 1551 Nitrile Gloves 8 Mil, Ex- Large Manufacturer MCR6030XL or 18 3908 equal BX 4521 $ $ Nitrile Foam Gloves, Small �n 19 3137 Manufacturer MEMG -96735 PR 7746—_$ Nitrile Foam Gloves, Medium - 3 � 20 3138 Manufacturer MEMG -9673-M PR 16683 $ l Nitrile Foam Gloves, Large - 0 21 3139 Manufacturer MEMG -9673L PR 15318 $ Nitrile Foam Gloves - Ex-Large - � 22 3140 Manufacturer MEMG -9673-XL PR 6714 $ $' Flex Grip Work Gloves Medium 6 23 3141__per k- CLC#125M-Hand man PR 1164 Flex Grip Work Gloves Large 6 24 3142 per k-CLC#125L -Handyman PR 2070 $ � Flex Grip Work Gloves Ex-large 6 25 3143 per Pk- CLC#125XL - Handyman PR 1782 Latex Gloves, Disposable, Medium Powder Free, 26 3144 MCR5055M BX 1812 $ $%4, Latex Gloves, Disposable, Large 27 3146 Powder Free, MCR5055L ax 2640 28 31513 String Knit Glove, Mem his #9634 PR 1134 Total $ tl 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 Requirements 1w , Gu coa -.A�� 'A.WMIM4 If St ro May 21, 2018 City of Corpus Christi 1201 Leopard St.,4th Floor Purchasing Corpus Christi,TX 78401 Cynthiap3@cctexas.com RE: RFB 1631 Gloves Gulf Coast Nut& Bolt LLC(GCNBLLC)warranties our gloves to be free from defects when purchased. GCNBLLC, in conjunction with the glove manufacturer,will guarantee to replace product due to manufacturer defect within three(3) months of purchase. Regards, GULF COAST NUT& BOLT Lkk sa e Orrick Managing Member 4501 Leopard St. Corpus Christi,TX 78408 361.884.8074 tele WEB:gcnbolt.com SC AGENDA MEMORANDUM Cqq PO PFuture Item for the City Council Meeting of June12, 2018 hPSE 1852 Action Item for the City Council Meeting of June 19, 2018 DATE: June 12, 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 Nine Mini Excavators for Utilities Department CAPTION: Motion authorizing the purchase of nine mini excavators from Doggett Heavy Machinery Services of Corpus Christi, Texas, via BuyBoard cooperative, for a total amount of $378,115.00. PURPOSE: This item is to approve the purchase of nine mini excavators for the Utilities Department. BACKGROUND AND FINDINGS: The Utilities Department currently has a requirement to replace nine mini excavators which are intended to perform various functions within the Water and Wastewater Divisions. Eight 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 Water Division. These mini excavators will be purchased through the BuyBoard cooperative, which provides a higher level of buying power for this type of equipment; 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 $735,102.19 $0.00 $735,102.19 This item $378,115.00 $0.00 $378,115.00 BALANCE $356,987.19 $0.00 $356,987.19 Fund(s): Fleet Maint. Svc Comments: This purchase of nine mini excavators for$378,115.00 is funded in FY2017- 18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Price Sheet-Mini Excavators for Utilities City of Corpus Christi Doggett Heavy Machinery Svcs Purchasing Division Buyboard Contract#515-16 Buyer: Cynthia Perez No. Description Qty Unit Cost Extended Cost 1 26G Compact Excavator 6 EA $40,989.00 $245,934.00 2 35G Long Arm 1 EA $52,402.00 $52,402.00 3 17G with 12" Bucket 1 EA $28,424.00 $28,424.00 4 135G Standard Arm 1 EA $51,355.001 $51,355.00 Totall $378,115.00 mus c.� GO O� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 12, 2018 NORPO P PE 1852 Action Item for the City Council Meeting of June 19, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanGCa).cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services — Purchasing Division Kim B2(a�cctexas.com (361) 826-3169 Supply Agreement for Ecosorb 505 for Utilities Department CAPTION: Resolution authorizing a one-year supply agreement with OMI Industries from Long Grove, Illinois for the purchase of Ecosorb 505 for a total amount of $111,331.75. PURPOSE: The item is to approve the purchase of Ecosorb 505 for the Utilities Department. BACKGROUND AND FINDINGS: The Utilities Department, Greenwood Wastewater Treatment Plant installed a 250 CFM Vaporization Phase Unit to minimize and control odors. This unit is in continuous use and requires Ecosorb 505 to function properly and neutralize odors. The purchase of this item is considered a sole source. Although other odor control products are available this product was specified in the Agreed Order with TCEQ to mitigate odor for the plant headworks. In addition, using other products could cause fire or explosion based on the equipment manufacturer's instructions, thereby voiding the warranty of the equipment. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $278,961.66 $74,221.17 $353,182.83 Encumbered / Expended Amount $230,135.00 $0.00 $230,135.00 This item $37,110.58 $74,221.17 $111,331.75 BALANCE $11,716.08 $0.00 $11,716.08 Fund(s): Wastewater Comments: The initial contract term total is $111,331.75 for 12 months, of which $37,110.58 is funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing a one-year supply agreement with OMI Industries from Long Grove, Illinois for the purchase of Ecosorb 505 for a total amount of$111,331.75. WHEREAS, the Ecosorb 500 will be used by the Utilities Department; WHEREAS, this product will be used to minimize and control odors at the Greenwood Wastewater Treatment Plant; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(x) (7) (A), as this purchase is available from only one source due to special processes or patents. 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 all documents necessary to secure a purchase from OMI Industries, of Long Grove, Illinois, based on a sole source for a total amount not-to-exceed $111,331 .75. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Page 1 of 2 Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 City of Corpus Christi Price Sheet Purchasing Division Ecosorb 505 Buyer: Cynthia Perez OMI Industries Long Grove, Illinois ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Ecosorb 500 $5,564.00 18 $100,152.00 2 Shipping $2,235.95 5 $11,179.75 TOTAL $111,331.75 mUs c.� w � SUPPLY AGREEMENT NO. 59327 U 1 Ecosorb 505 for Utlities Department 'yCa kPnR PE 1852 THIS Ecosorb 505 for Utilities Department Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and OMI Industries, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Ecosorb 505 for Utilities Department in response to Request for Bid No. N/A ("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 Ecosorb 505 for Utilities Department in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to 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 $1 1 1 ,331 .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: Joanna Moreno Department: Utilities Phone: (361 ) 826-1649 Email: joannam@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("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: Joanna Moreno Title: Contract Administrator Address: 2726 Holly Road, Corpus Christi, TX 78415 Phone: (361 ) 826-1649 Fax: (361 ) 826-1715 IF TO SUPPLIER: OMI Industries Inc. Attn: Greg Gandy Title: Field Sales Address: One Corporate Drive, Suite 100, Long Grove, Illinois 60047 Phone: 1-847-304-9111 Fax: 1-847-304-0989 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: J , Printed Name: Title: C'k V"v f V1 tet, Date: IA / � 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. N/A Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 • Attachment A: Scope of Work Scope of Work: Purchase of Ecosorb 505 for the Utilities Department. The Ecosorb 505 is used to minimize and control odors at the Greenwood Treatment Plant. The Ecosorb 500 will be delivered in five separate deliveries, four totes per delivery. This item is a sole source procurement from OMI Industries from Long Grove, Illinois. The Supplier shall deliver the product to. Delivery Location: Greenwood Wastewater Treatment Plant 6541 Greenwood Drive Corpus Christi, Texas 78415 Deliveries shall be made Monday- Friday, between 7:00 am and 3:30 pm. Page 1 of 1 Attachment B - Bid/Pricing Schedule City of Corpus Christi Price Sheet Purchasing Division Ecosorb 505 Buyer: Cynthia Perez OMI Industries Long Grove, Illinois ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Ecosorb 505 $5,564.00 18 $100,152.00 2 Shipping $2,235.95 5 $11,179.75 TOTAL $111,331.75 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 change or termination required on all certificates Per occurrence- aggregate 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 S. 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 of this (All States Endorsement if Company Is not Exhibit. domiciled in Texas) Employers Liability $500,000/$5001000/$500,000 Page 4 of 17 RFQ Revised 10.2.2017 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. 11. 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 5 of 17 RFQ Revised 10.2.2017 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 Supply and Delivery of Ecosorb 505 Odor Eliminating Product 02/19/2018 sw Risk Management Valid Through 12/31/2018 Page b of 17 RFQ Revised 10.2.2017 0MI Attachment D - Warranty Requirements INDUSTRIES May 8,2018 Dear City of Corpus Christi, OMI warrants that all Ecosorb products meet the specifications of the corresponding SDS sheet when shipped. Ecosorb materials found to not meet these specifications will be replaced at no cost if OMI is notified within 72 hours of receipt by the customer. All Ecosorb products have a shelf life of 6 months from original ship date, provided the following conditions are met: 1) All products must be stored in a well ventilated, cool dry environment out of direct sunlight. 2) All products must be stored between 4 - 29 °C (40°F and 85'F). Allowing products to freeze, may cause layering. 3) All products must be stored away from strong acids and oxidizing agents. 4) When handling products, clean gloves should be worn to prevent contamination. Sincerely, Nortb American Offices reg-(�a `ay CORPORATE One Corporate Drive,Suite 100 Greg Gandy Long Grove IL 60047 Field Sales-Western United States U.S.A. Phone: 281-705-2130 TELEPHONE: Email:ggandy@omi-industries.com 1-847-304-9111 FACSIMILE: 1-847-304-0989 PRovucr&EQUIPMENT MANUFACTURING 1300 Barbour Way Rising Sun,IN 47040 it 04 ECOS RB OW�- W W W.OMI-F COSORB.COM 800-662-6367 CITY COUNCIL EXECUTIVE SUMMARY Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works - ® Jeff H. Edmonds, P. E., Director of Engineering Services Dan Grimsbo, Executive Director of Public Utilities Meeting Date Agenda Category Le istar ID June 12, 2018 Motion 18-0640 June 19, 2018 Agenda Title: Professional Services Contract Amendment—Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to award Amendment No. 1 o With Hazen and Sawyer of Corpus Christi, Texas o In the amount of$612,500 for a restated fee of$661,800 o For preliminary design of the Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control project SUMMARY ➢ Current concerns — o Odor control problems o Treated water discharges into Oso Creek ■ Impaired waterway ■ Strict TCEQ permitting and discharge requirements o Plant struggles to meet requirements o Only city wastewater treatment plant with anaerobic treatment process ➢ Original contract— o Investigated odor emission issues ➢ Amendment No. 1 — o More comprehensive evaluation of odor problems o Preliminary engineering to convert plant to aerobic treatment process o Develop strategic plan for future projects for plant o Coordinated with: ■ Ongoing drainage/flooding evaluations ■ Ultraviolet improvement project ■ Headworks rehabilitation projects PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Approved in CIP budget ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Amendment No. 1 ➢ Location Map ➢ Presentation FUTURE ACTIONS ➢ Construction contract Project No.18069A W/O Rev.0—05/23/18 Item Details Legistar # 18-0640 Professional Services Contract Amendment— Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control Council Meeting Dates: Item Being Considered: Future Item —June 12, 2018 Motion Action Item - June 19, 2018 RECOMMENDATION: Authorization to award Amendment No. 1 with Hazen and Sawyer of Corpus Christi,Texas in the amount of $612,500 for a total restated fee of $661,800 for preliminary design of the Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control project. SUMMARY: The Greenwood Wastewater Treatment Plant (GWWTP) experiences odor control problems and the effluent water discharges into Oso Creek, an impaired waterway. Strict TCEQ permitting and discharge requirements are imposed on the GWWTP because of Oso Creek's impaired status. With the age and condition of equipment at the plant, the GWWTP struggles to meet these requirements. This preliminary engineering study is to perform a more comprehensive evaluation of the plant with recommendations for upgrades that include conversion from an anaerobic treatment process to aerobic to reduce odors and improve discharge water quality. In February 2018, staff administratively executed a professional services contract for preliminary engineering services with Hazen and Sawyer of Corpus Christi (Contract)to investigate the odor emission issues. Amendment No. 1 provides for a more comprehensive evaluation as well as preliminary engineering to convert GWWTP's treatment process. Of six City WWTPs, only Greenwood uses the anaerobic treatment process; the remaining plants use aerobic treatment. Based on numerous studies and analyses, staff recommends that the preliminary engineering to convert Greenwood WWTP to an aerobic treatment process be completed through this Amendment. Completion of the items above will be coordinated with ongoing drainage/flooding evaluations, an ultraviolet improvement project and the headworks rehabilitation project. A strategic plan for future Greenwood WWTP projects will also be developed. Conversion to aerobic is anticipated to help with odor control in addition to allowing a more uniform and effective wastewater operations and maintenance program. Hazen and Sawyer was selected for this project through Request for Qualifications No. 2017-03 Greenwood Wastewater Treatment Plant Projects, Street Feasibility, Facilities Feasibility and Building Design. PREVIOUS COUNCIL / BOARD ACTIONS: None. Project No. 18069A 1 W/O Rev. 1—05/24/18 PROJECT BUDGET ESTIMATE Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation &Odor Control PROJECT FUNDS AVAILABLE: WastewaterCIP.......................................................................................................................... 4,500,000 TOTAL FUNDS AVAILABLE............................................................................................................. 4,500,000 FUNDS REQUIRED: ConstructionFees:.......................................................................................................................... TBD Construction............................................................................................................. TBD Contingency (10%)................................................................................................... TBD Construction Inspection and Testinq Fees:............................................................................................ TBD Construction Inspection............................................................................................ TBD Construction Phase - Materials Testing Services ........................................................... TBD Design......................................................................................................................................... 612,500 Engineering Design (Hazen and Sawyer) THIS ITEM ................................................... 612,500 Preliminary Engineering Design (Hazen and Sawyer)...................................................... 49,300 Reimbursements:............................................................................................................................. 226,000 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)................................... 90,000 Engineering Services (Project Mgt)............................................................................ 135,000 Misc. (Printing, Advertising, etc.)................................................................................ 1,000 TOTAL.......................................................................................................................................... 838,500 ESTIMATED PROJECT BUDGET BALANCE....................................................................................... 3,661,500 NUECES BAY 181 ✓0F N �<TOti SCALE: N.T.S. c O�'Rrp0R SHIP CHANN <Fpp CORPUS CHRISTI qRp A, noun Qom LEOPARD O a z 44 6q PUS CH—. I I p rH 286 RNATIONAL H PO RT OFtGP' O 358 j M �l oC Z CORPUS C n 0 s� 3� °gRp�F p<<rygR ��s 0 020��� Spry. o N c� TEXAS A UNIVERSI O� y0<<Y CORPUS O� 358 ZZ �Sq�TO 3�0 Mc�Rp�F O c s q � CABANISS `� i OSO BAY FIELD <v Qv O �v k� 43 O O� rQ Q- 2 PROJECT LOCATION Z a p ��. O O 2444 ypRrno�N GP LOCATION MAP NOT TO SCALE Project: 18069A Greenwood Wastewater Treatment CITY COUNCIL EXHIBIT Plant Dissolved Air Flotation Unit CITY OF CORPUS CHRISTI,TEXAS Rehabilitation & Odor Control DEPARTMENT OF ENGINEERING SERVICES Corpus Chr s Engineering Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation and Odor Control Council Presentation June 12, 2018 Project Location Corpus Chr'sti ngin�nring n®I CORPUS CHRIST Q �J SCALE:N.T.S. PROJECT LOCATION CORPUS CHRISTI BAY 4 7 OSO HAY Q H°n uA mn € FLOUR BLUFF 6 of 2 Project Vicinity e� Corpus Chr sti _ Engineering PROJECT LOCATION 9d�dro SCALE:N.T.S. dej�a a• Greenwood Wastewater Treatment Plant Dissolved 4, Air Flotation Unit Rehabilitation&Odor Control :; q 2-, - o0 �C3 C� Project Scope e� yf' Corpus Chr sti Engineering Amendment No. 1 includes: • Evaluation of existing plant unit processes and infrastructure to convert treatment into alternative process with better efficiency and less odor. • Recommendation for immediate operational optimization may improve GWWTP efficiency with potential cost savings gained through reconfiguring current operations. • Development of conceptual design report and opinion of probable cost for selected alternative will provide detailed design improvements needed at Greenwood Wastewater Treatment Plant. • Additional services include Texas Commission on Environmental Quality coordination and coordination with on-going Greenwood projects. Project Schedule &�4- ) Carpus Chr sti Engineering i MAR APR MAY JUN JUL AUG SEP OCT NOV Preliminary Design Original Amendment No. 1 This Contract Project Preliminary Design Estimate: 270 days -- 9 months Projected Schedule reflects City Council award in June 2018 with preliminary design completion in November 2018. Greenwood Wastewater �= Cor¢us Chr'sti Treatment Plant �ngineering Questions? 6 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 TO CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18069A - Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Hazen Sawyer, a New York Corporation with a Corpus Christi office, 5626 S. Staples Street, Corpus Christi, Nueces County, Texas 78411, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Contract for Professional Services Page 1 of 12 ARTICLE I —SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the% of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessaryfor 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 Civ. 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;;Ad A- 4. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 2 of 12 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $612,500 for a total fee not to exceed $661,800. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Contract for Professional Services Page 3 of 12 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 UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 te the expiratie—A date Af the prier term. ARY FeRAWAls; AhAll htQ At thtQ SAMA tArMS AR GE)RditieRs, plus aR" Contract for Professional Services Page 4 of 12 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Contract for Professional Services Page 5 of 12 Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Contract for Professional Services Page 6 of 12 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 Contract for Professional Services Page 7 of 12 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 Contract for Professional Services Page 8 of 12 diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services Page 9 of 12 ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 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. 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 Contract for Professional Services Page 10 of 12 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 anyArticle, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 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 HAZEN AND SAWYER V'+lp .P�-� Jeff H. Edmonds, P.E. Chamindra Dassa yake, Ph-D P.E. Date Vice President and SW Regiona Manager 8350 N. Central Expressway, Suite 775 Dallas, Texas 75206 (214) 382-5750 Office CDassanayake@hazenandsawyer.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Page 11 of 12 Fund Name Accounting Account Activity No. Amount Unit No. WW2012B RevBond 4252-062 550950 18069A4252EXP $612,500.00 Total $612,500.00 Contract for Professional Services Page 12 of 12 City of Corpus Christy Hazen TBPE Firm No. F-13618 EXHIBIT A SCOPE OF WORK CITY OF CORPUS CHRISTI Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation & Odor Control CITY PROJECT NO. 18069A PROJECT BACKGROUND The City owns and operates the Greenwood Wastewater Treatment Plant (GWWTP), and is interested in proceeding with improvements to the facility. A condition assessment completed in April 2014 (E13118), identified several unit processes at the plant as needing rehabilitation or improvements. In addition, the City is interested in mitigating odors present at the GWWTP that are impacting the surrounding community. The City is looking to complete an alternatives assessment to: • Identify plant deficiencies, • Recommend plant improvements and associated cost estimates, and • Develop a conceptual design for the selected alternative to address both near and long- term needs at the facility. Although, previous studies have been performed at the GWWTP including: E13118—Greenwood WWTP Asset Management Report (2014); E10047 — Greenwood WWTP Emissions and Odor Control Improvements (2014); and the Wastewater Management Plan (2016, no comprehensive process evaluation of the plant has been performed to date. The City is interested in performing a comprehensive evaluation of the GWWTP to understand the limitations of the existing facility and develop alternatives that vision the site for current and future needs PURPOSE The City selected Hazen and Sawyer (ENGINEER) to provide engineering services to (1) Evaluate the existing unit processes at the GWWTP (2) Assess up to three process train alternatives for upgrading the GWWTP, and (3) Develop a conceptual design report for the selected alternative. The intent of the alternatives assessment is to identify a plan for improvement that meets all key goals and drivers for GWWTP while considering potential cost savings gained through reconfiguring current operations. The objectives of project are as follows: City Proj. No. 18069A Exhibit"A" Pagel of 21 1) A detailed process evaluation will include a hydraulic capacity evaluation (development of the plant hydraulic profile), a treatment (liquids and solids) capacity evaluation, and development and calibration of a biological process model for the plant. The calibrated process model will provide a defensible basis for determining viable process configurations and vetting performance of future regulations (e.g. biological nutrient removal). 2) An alternatives assessment utilizing the calibrated biological process model will evaluate up to three(3)alternatives for upgrading the unit processes at the Greenwood WWTP. The alternatives assessment will detail the process and infrastructure requirements needed to meet treatment goals to provide planning level costs and aid in the selection of future GWWTP improvements 3) A conceptual basis of design and opinion of probable cost for the selected alternative will provide a scope of work for detailed design improvements needed at the GWWTP. SCOPE OF SERVICES 1. CONCEPTUAL DESIGN BASIS 1.01 Project Progress Meetings and Minutes ENGINEER will coordinate the kick-off meeting and regular progress meetings. ENGINEER will prepare meeting minutes and will finalize and distribute after review by The City's staff. Scope Item Assumptions: • Meetings will be held at the Corpus Christi Utilities building • Utilities and Engineering Services Staff will attend progress meetings. • ENGINEER's staff working on the project remotely will dial in by phone as necessary Meetings: • One (1) one-hour kickoff meeting • Five (5) one-hour progress meetings (bi-monthly) with utility and engineering services staff Deliverables: • Meeting Minutes and sign-in sheet 1.02 Project Coordination City Proj. No. 18069A Exhibit"A" Page 2 of 21 ENGINEER will coordinate with utilities staff regarding wastewater sampling at the Greenwood WWTP for the process evaluation and historical data requests. The ENGINEER will coordinate with Engineering Services regarding historical document and drawings requests. Scope Item Assumptions: • The City staff will provide historical documents, drawings and data as requested. Meetings: Included under Subtask 1.01 Project Progress Meetings and Minutes. Deliverables: N/A 1.03 Detailed Project Schedule and Updates ENGINEER will provide project schedule to the City with updates as the project progresses. Scope Item Assumptions: • The City staff will provide feedback on project schedule. Meetings: Included under Subtask 1.01 Project Progress Meetings and Minutes. Deliverables: • One (1) project schedule at the kickoff meeting • Three (3) project schedule updates 1.04 Site Survey and Coordination ENGINEER will review historical drawings and perform additional minimal surveying activities to confirm elevations of critical structures that are required to complete the hydraulic capacity task listed below. This effort may include: • Review existing plant survey information for data (elevations of equipment) • Critical elevations, such as top of weirs, top of structure, water level over weirs, and freeboard, will be field surveyed to confirm as-built/record drawing information. • Site survey for missing information (if needed) City Proj. No. 18069A Exhibit"A" Page 3 of 21 Scope Item Assumptions: • The City staff will provide existing plan drawings or site survey AutoCAD file to ENGINEER. Meetings: Included under Subtask 1.01 Project Progress Meetings and Minutes. Deliverables: • N/A 1.05 Review Existing Geotechnical Investigation Findings ENGINEER will review existing geotechnical investigation information. Scope Item Assumptions: • The City staff will provide existing geotechnical investigation report to the ENGINEER. • Effort does not account for ENGINEER to perform or review new geotechnical evaluations. Meetings: Included under Subtask 1.01 Project Progress Meetings and Minutes. Deliverables: • N/A 1.06 Process Evaluation 1.06 A Hydraulic Capacity Evaluation ENGINEER will review historical flows to the Greenwood WWTP. A site walk through will be conducted with plant staff, and the ENGINEER will review and evaluate previously completed wastewater flow projections and influent peaking factor from studies by others. ENGINEER will develop a hydraulic profile of the WWTP using HazenPro software. ENGINEER will determine maximum month and associated peak hourly flow rates that the plant is capable of hydraulically conveying without submerging weirs and/or overloading unit processes. Considerations for wet weather operating protocol and bypass configurations will be incorporated by the ENGINEER. A peaking factor (based on historical influent flow data) will be applied to estimate the hydraulic condition at the peak City Proj. No. 18069A Exhibit"A" Page 4 of 21 2-hour flow. Hydraulic restrictions and limitations will be identified at the maximum determined flow rate. ENGINEER will calculate the hydraulic grade line through the WWTP and the hydraulic capacity of the treatment facilities at various flows using the hydraulic model to identify hydraulic bottlenecks that must be addressed within each alternative treatment approach. The plant's 100-year flood elevation will be confirmed utilizing the most current FEMA maps. Two (2) meetings will be conducted with plant staff to confirm existing flow path, size, and location of buried pipelines. Scope Item Assumptions: • The City staff will provide historical flow data to ENGINEER. • The City will provide all necessary information to validate flow projections/ peaking factors. • The City staff will meet with the ENGINEER to confirm existing flow path and size and location of buried pipelines. Meetings: • One (1) two-hour onsite walk through with plant staff • One (1) two-hour meeting to confirm historical flow data Deliverables: • Hydraulic profiles of the three (3) evaluated alternatives 1.06 B Liquids and Solids Treatment Capacity Evaluation ENGINEER will review historical wastewater loads to the Greenwood WWTP. A site walk through will be conducted with plant staff. ENGINEER will develop a supplemental sampling plan for additional required data and review supplemental sampling results provided by the City. ENGINEER will conduct a liquid treatment process evaluation to meet the plant's current NPDES permit discharge limits. ENGINEER will develop a biological process model using BioWinTM software. The process model will be calibrated using supplemental sampling data collected as part of this project and validated with historical reported data. Additionally, the ENGINEER will develop a special sampling plan at major unit process locations which will include speciation of influent wastewater and recycle flows to verify performance data, developing accurate loading information, and establishing process capacity limits in order to calibrate the process model. The following unit processes will be evaluated: primary clarifiers, blowers, aeration basins, secondary clarifiers, RAS/WAS pumping facilities, DAFT, anaerobic digesters, digester pumping facilities, and belt filter press. City Proj. No. 18069A Exhibit"A" Page 5 of 21 The evaluation of each unit process will include: • Identifying unit process sizing criteria and any deficiencies that must be addressed to reliably meet the plant's discharge permit limits. • Evaluating the potential to modify the existing facilities to address any identified deficiencies. Of particular importance is the aeration basin blowers capability to turndown to meet air requirements during minimum flow conditions. The ENGINEER will utilize a process model to simulate plant performance under varying plant flows and loads. Plant data will be utilized for model input and calibration. This will require a characterization of historical raw wastewater data and field sampling of existing unit processes to develop a nutrient profile through the treatment process. ENGINEER will characterize the influent of the WWTP including: • Characterize potential influent wastewater average, maximum month and maximum day concentrations based on historical information. • Confirm flow peaking factors for maximum month and peak hourly flows based on existing flow records and predicted changes to the flow characteristics. ENGINEER will perform special sampling with the assistance of City staff for a period of one week. Two types of sampling will be performed: • Composite sampling (minimum of seven consecutive days preferably during grab sampling event) — the City will assist in setting up automated samplers (if they currently are not used) for the WWTP influent, primary effluent and final effluent. The City will collect the samples daily and the analysis will be filtered and analyzed by City staff or their contracted laboratory • Profile grab sampling (five separate profiles over three days)—the ENGINEER will collect grab samples at various unit process and perform analysis in the field with the exception of TSS, VSS, BODS and TKN which the City staff and/or contract laboratory will analyze. ENGINEER will conduct a solids treatment process evaluation. Historical plant data will be analyzed to estimate sludge quantities and compared to actual sludge production numbers. Sludge wasting,thickening, digestion, and dewatering facilities will be evaluated to include: • Identifying unit process sizing criteria and any deficiencies that must be addressed to reliably treat sludge produced based upon an annual average plant flow of 8 mgd. • Evaluating the potential to modify the existing facilities to address any identified deficiencies. Scope Item Assumptions: City Proj. No. 18069A Exhibit"A" Page 6 of 21 • The City staff will provide historical influent wastewater load and flow data to ENGINEER. • The ENGINEER with the City's assistance will perform one supplemental sampling event. • The City will provide or rent auto-samplers required for the supplemental sampling event. • The City will prepare and transport samples that require analysis by the City staff and/or contract laboratory • It is assumed that responsibility for the sampling and analysis will be divided as follows: o Composite sampling, filtration and analysis will be conducted by the City staff and/or contracted laboratory o Profile grab sampling will be conducted by ENGINEER. Analysis will be performed by the ENGINEER with exception of TSS, VSS, BODS and TKN analysis which will be performed by the City staff and/or contracted laboratory • Laboratory analysis costs for the composite sampling analysis and the TSS, VSS, BODS and TKN for grab samples are not included as part of the ENGINEER's fee Meetings: • Three (3) one-hour operations meetings with plant staff • Three (3) days of special sampling Deliverables: • Section on biological process modeling development, calibration, validation and assessment in the Draft Conceptual Design Report 1.06 C Asset Validation of Existing Condition Assessment Reports ENGINEER will validate previous condition assessments for each unit process based and present alternatives based on proven treatment equipment and processes. Major aspects to be considered include: • Aeration basins • Primary clarifiers • Secondary clarifiers • Dissolved air flotation • Anaerobic digesters • Belt filter press and polymer feed system • Pumping/piping Engineer will validate the previous condition assessments of the existing plant buildings and structures. An evaluation will be performed to determine if it is more cost-effective to City Proj. No. 18069A Exhibit"A" Page 7 of 21 rehabilitate or to demolish and construct new structures. This work will be coordinated closely with Tasks 1.066 and 1.07. In addition, existing plant will be assessed in general water tightness of roofing systems, structural cracks, ventilation, and conformance to the applicable building codes. The assessment will delineate deficiencies and provide recommended improvements and associated construction cost estimates. Three (3) two-hour site visits for the asset validation of existing condition assessment reports will be conducted by the ENGINEER in order to confirm information obtained in the reports. Scope Item Assumptions: • The City staff will provide existing condition assessment report(s) to the ENGINEER. Meetings: • Three (3) two-hour site visits for asset validation Deliverables: • Section on asset validation of existing condition assessment in the Draft Conceptual Design Report. 1.06 D Odor Control Gap Evaluation ENGINEER will review the odor control assessment report for the Greenwood WWTP and identify any gaps in the report. Alternatives will be evaluated with respect to odor control for the following unit processes: • Primary clarifiers • Solids drying beds (currently only used for sewer flushing solids) Additionally, the ENGINEER will evaluate odors for impact to the community offsite. The ENGINEER will coordinate with City Staff to understand current and previous odor control measures employed at other WWTPs to provide uniformity in odor control systems when possible. Scope Item Assumptions: • The City staff will provide the existing odor control evaluations to the ENGINEER. • The City will provide any available odor complaint history for the past 3 years. • The City staff will provide information on odor control systems at other WWTPs. Meetings: City Proj. No. 18069A Exhibit"A" Page 8 of 21 Included under Subtask 1.06 B Treatment (Liquids/Solids) capacity evaluation and process modeling. Deliverables: • Section on odor control gap evaluation of existing odor control evaluation in the Draft Conceptual Design Report. 1.06 E Electrical Evaluation ENGINEER will evaluate electrical equipment and electrical distribution system at the WWTP based on existing condition assessment report by others. ENGINEER will also complete a standby power evaluation. Scope Item Assumptions: • The City staff will provide existing electrical system data to the ENGINEER. • The City staff will provide existing condition assessment report(s) to the ENGINEER. • The City staff will furnish an employee who is knowledgeable with the plant's electrical system to open MCCs, switchgear, lighting panels, etc. Meetings: • Three (3) two-hour site-visits or meetings with plant staff regarding electrical evaluation Deliverables: • Section on electrical evaluation, electrical distribution system evaluation and standby power in the Draft Conceptual Design Report. 1.06 F I & C and SCADA Evaluation ENGINEER will evaluate hardware and software at the WWTP based on existing condition assessment report by others and discussions with plant staff. ENGINEER will conduct a network analysis and process evaluation at the plant. Hardware devices, software programming, and network cabling/connections will be evaluated to ensure conformance and standardization with the City's other WWTPs. Scope Item Assumptions: • The City staff will provide existing I & C and SCADA system data to the ENGINEER. City Proj. No. 18069A Exhibit"A" Page 9 of 21 • The City will provide existing electrical condition assessment report(s) to the ENGINEER. Meetings: • Two (2) one-hour meetings to discuss the condition assessment and future requirements Deliverables: • Section on electrical evaluation, electrical distribution system evaluation and standby power in the Draft Conceptual Design Report. 1.07 Alternatives Assessment 1.07A-Alternatives Evaluation ENGINEER will evaluate three (3) process alternatives. Ease of operability, upgrading existing infrastructure and odor control will be considered. ENGINEER will use the calibrated biological process model of the existing WWTP to identify any deficiencies in the existing WWTP treatment capacity that may need to be addressed. ENGINEER will evaluate the capacity of each unit process for current and future needs. • Alternative 1: Current Process with enhancements: Upgrades to the DAFT, anaerobic digesters, belt filter presses, and odor control systems. • Alternative 2: No primaries with aerobic digestion: Removal of primary clarifiers, replacement of DAFT with alternative thickening process, conversion of anaerobic digesters to aerobic digesters, belt filter presses replacement or augmentation with centrifuges, and odor control systems will be considered. • Alternative 3: A third alternative will be developed during the alternatives assessment. Improvement of the aeration basins to fine-bubble diffusion will be considered for all options. Scope Item Assumptions: • The City staff will provide feedback to the ENGINEER on the alternative ranking criteria (1.07 D). Meetings: Included under 1.07 G Selection Meeting. Deliverables: City Proj. No. 18069A Exhibit"A" Page 10 of 21 • Section on alternatives evaluation in the Draft Conceptual Design Report. 1.071B-Conceptual Layout of Alternatives ENGINEER will develop a layout drawing for each of the three(3)alternatives to document the projected footprint required for each infrastructure improvement. A more detailed layout for the selected alternative will be completed during detailed design (separate contract) Scope Item Assumptions: • The City staff will provide feedback to the ENGINEER on the alternative ranking (1.07 D). Meetings: Included under 1.07 G Selection Meeting. Deliverables: • Conceptual layout drawings for each of the three (3) alternatives • Section on footprint evaluation / conceptual layout of alternatives in the Draft Conceptual Design Report 1.07C-Conceptual Opinion of Probable Cost ENGINEER will compile an opinion of probable cost for each of the three (3) alternatives to provide a planning level cost estimate for alternative selection purposes. . Scope Item Assumptions: • The City staff will provide feedback to the ENGINEER on the opinion of probable costs (1.07 D). Meetings: Included under 1.07 G Selection Meeting. Deliverables: • Section on the opinion of probable cost for each of the three (3) alternatives in the Draft Conceptual Design Report. 1.07D-Alternatives Ranking City Proj. No. 18069A Exhibit"A" Page 11 of 21 ENGINEER will rank the three (3) alternatives with consideration for challenges and drivers utilizing a decision matrix. Scope Item Assumptions: • The City staff will provide feedback to the ENGINEER on the decision matrix ranking, including weighting of certain criteria. Meetings: Included under 1.07 G Selection Meeting. Deliverables: • Decision Matrix • Section on alternatives ranking in the Conceptual Design Report. 1.07E-Alternative Selection ENGINEER will recommend one (1) of the three (3) alternatives ranked in 1.07 D Alternative Ranking. ENGINEER will collaborate with the City to obtain alignment with the recommended alternative. The ENGINEER will prepare a PowerPoint to summarize the relevant information from the alternatives assessment and document the recommended alternative. Based on information developed from prior tasks, ENGINEER will lead an alternatives selection meeting in which the following areas: • A description of each of the three (3) alternatives • Conceptual layout drawings for each alternative • Opinion of probable cost for each alternative • Summary of ranking • Discussion and concurrent on the recommended alternative Scope Item Assumptions: • The City staff will provide feedback to the ENGINEER on the alternative selection. • ENGINEER will develop up to three (3) conceptual layout drawings Meetings: • One (1) four-hour alternative selection workshop City Proj. No. 18069A Exhibit"A" Page 12 of 21 Deliverables: • Decision Matrix (also included in 1.07 D Alternative Ranking). • Recommendation of one (1) alternative • Presentation to document the recommended alternative to be presented at the selection workshop 1.08 Conceptual Design 1.08A-Conceptual Basis of Design ENGINEER will develop a conceptual basis and document the key design criteria that will be included in the Conceptual Design Report. Scope Item Assumptions: • The City staff will provide comments to the ENGINEER on the conceptual basis of design. Meetings: Included in 1.10 Conceptual Submittal Client Review Workshop Deliverables: • Section on conceptual basis of design included in the Conceptual Design Report. 1.08B-Conceptual Layout Design Drawings Following selection of the recommended alternative, the ENGINEER will develop a conceptual design basis of design, which will include conceptual layout design drawings. Scope Item Assumptions: • The City staff will provide existing site plan in AutoCAD drawing file format to ENGINEER. • Engineering effort includes up to 10 drawings detailing proposed layouts. • Effort does not account for ENGINEER developing AutoCAD drawings for existing structures and facilities Meetings: Included in 1.10 Conceptual Submittal Client Review Workshop City Proj. No. 18069A Exhibit"A" Page 13 of 21 Deliverables: • Conceptual level drawings in PDF and AutoCAD format in electronic format. Three (3) hard copies may be provided upon request. 1.08C-Conceptual Opinion of Probable Cost ENGINEER will refine the opinion of probable cost developed during 1.07 C in the alternatives assessment stage. The final conceptual opinion of probable cost will be serve as the basis to scope the detailed design project with ENGINEER. Scope Item Assumptions: • The City staff will provide comments to the ENGINEER on the conceptual opinion of probable cost. Meetings: Included in 1.10 Conceptual Design Report Client Review Workshop Deliverables: • Conceptual level opinion of probable cost for the selected alternative. 1.08D-Conceptual Construction Schedule Development ENGINEER will develop a conceptual construction schedule for the selected alternative. The schedule will be prepared using Microsoft Project and will identify the projected critical path. Scope Item Assumptions: • The City staff will provide feedback to the ENGINEER on the conceptual construction schedule. Meetings: Included in 1.10 Conceptual Submittal Client Review Workshop Deliverables: • Conceptual construction schedule 1.08E-Prepare Draft Conceptual Design Report City Proj. No. 18069A Exhibit"A" Page 14 of 21 ENGINEER will produce a draft conceptual design report based on the selected alternative. Scope Item Assumptions: • The City staff will provide comments to the ENGINEER on the draft conceptual design report. Meetings: Included in 1.10 Conceptual Submittal Client Review Workshop Deliverables: • Draft conceptual design report 1.08F-Prepare Final Conceptual Design Report ENGINEER will incorporate City comments into a final conceptual design report and deliver hard and electronic copies to the City. Scope Item Assumptions: • The City staff will provide comments to the ENGINEER on the draft conceptual design report. Meetings: Included in 1.10 Conceptual Submittal Client Review Workshop Deliverables: • Final conceptual design report— PDF copy • Three (3) hard copies of the final conceptual design report. 1.08G-QA / QC ENGINEER will document internal Quality Assurance review comments on the conceptual design layout drawings and conceptual design report. ENGINEER will address internal Quality Assurance review comments. Scope Item Assumptions: • The ENGINEER will provide a quality assurance review of conceptual design report. City Proj. No. 18069A Exhibit"A" Page 15 of 21 Meetings: Included in 1.10 Conceptual Submittal Client Review Workshop Deliverables: Included in 1.08 F Final Conceptual Design Report 1.09 Conceptual Design Report Workshop ENGINEER will prepare a MS PowerPoint presentation for the Conceptual Submittal Workshop. ENGINEER will lead Conceptual Submittal Workshop to discuss the draft conceptual design report. ENGINEER will incorporate comments from the City into the final conceptual design report, as detailed in 1.08 F Final Conceptual Design Report. Scope Item Assumptions: • The City staff will provide comments to the ENGINEER on the draft conceptual design report. • The City staff will attend the Conceptual Submittal Workshop Meetings: • One (1) four-hour Conceptual Submittal Client Review Workshop Deliverables: • PowerPoint presentation for the Conceptual Submittal Workshop • Final conceptual design report— Included under 1.08 F. Additional Services 1. TCEQ Coordination ENGINEER will meet with City Staff to discuss existing TCEQ permitting requirements and understand projected future permitting requirements. As needed, the ENGINEER will coordinate with TCEQ. Scope Item Assumptions: • The City staff will provide information regarding permitting as needed. City Proj. No. 18069A Exhibit"A" Page 16 of 21 • ENGINEER and the City will establish design requirements based on projected TCEQ effluent requirement at on-set of the project. The ENGINEER's effort does not account for changes in assumptions for GWWTP effluent requirements occurring during the project execution or after the project completion. Meetings: • Two (2) one-hour meetings with City Staff to discuss permitting requirements • Two (1) one-hour conference calls with TCEQ to discuss permitting requirements Deliverables: • Section on TCEQ permitting requirements in the Conceptual Design Report 2. Topographic Survey (N/A) 3. SUE (N/A) 4. Environmental Issues (N/A) S. Warranty Phase (N/A) 6. Clarify Capacity Validation Modeling (TBD) 7. Interim Optimization of Plant Operations and Odor Control ENGINEER will coordinate with plant operations staff to identify any operational changes that may improve plant performance or odor control in near-term while the alternative evaluation is proceeding. The ENGINEER will share any operational optimization information obtained from the calibrated process model and provide input into troubleshooting and optimization of the plant based on plant data that is trended and analyzed. ENGINEER will coordinate with plant operations staff. ENGINEER will provide example trending MS EXCEL files that would be useful for the City in analyzing trending at the GWWTP. Scope Item Assumptions: • The ENGINEER will provide MS EXCEL files to the City, after which the City is responsible for utilizing and updating (if desired) • The City staff will be responsible to implement any operational changes discussed with ENGINEER as part of the routine calls. Meetings: City Proj. No. 18069A Exhibit"A" Page 17 of 21 • Six (6) one-our operational optimization meetings or phone calls with City Staff Deliverables: • MS Excel spreadsheet of trending graphs for use by the City 8. Coordination of On-Going Greenwood Projects 8.01 Schedule development and maintenance ENGINEER will develop a schedule for the on-going projects at the Greenwood WWTP. ENGINEER will update the schedule as needed and coordinate with other consulting engineers and City staff. Scope Item Assumptions: • The City staff will provide design drawings to ENGINEER. • Consulting engineers will o Provide information on their respective project at the Greenwood WWTP including schedule and updates on aspect of design they are working on. o Provide critical path items o Provide project constraints o Provide updates 1 week prior to meetings Meetings: Included under 8.02 Meetings, Minutes and Coordination. Deliverables: • MS Project schedule listing critical path items for on-going projects at the Greenwood WWTP. Updates of the schedule. 8.02 Meetings, Minutes and Coordination As requested by The City, the ENGINEER will lead up to four(4) meetings to coordinate the on-going projects at the Greenwood WWTP. ENGINEER will provide meeting minutes to the City and attendees. Scope Item Assumptions: • The City staff will coordinate, schedule, and attend meetings • Consulting engineers will: City Proj. No. 18069A Exhibit"A" Page 18 of 21 o Attend meetings and provide information on their respective project at the Greenwood WWTP including schedule and updates on aspect of design they are working on. o Provide updates 1 week prior to meeting Meetings: • Up to four (4) meeting(s) to coordinate with consulting engineers and City staff Deliverables: • Meeting Minutes SCHEDULE The following figure summarizes the planned project schedule. This project is expected to start March 1, 2018 and proceed until November 30, 2018. The following proposed schedule is provided to delineate the critical path tasks. City Proj. No. 18069A Exhibit"A" Page 19 of 21 ID (Task Motle Task Name oration tart finish redecezzors 1st Qua�r 2M Qua 3b Quarter 4th Quarter 1 Project Progress Meetings and Minutes 180 days Thu 3/1/18 Wed 11/7/18 San Dec Project Coordination 180 days Thu 3/1/18 Wed 11/]/18 3 0 2 Project Schedule and Updates 180 days Thu 3/1/18 Wed 11/]/18 1 Q m Site Survey and Coordinatlon 45 days Thu 3/15/18 Wed 5/16/18 5 0 3 Incorponite Geotechnical Investigation Findings 15 days Mon 4/2/18 Fri 4/20/18 f © Process Evaluation :0,1,y 0 days Thu 3/1/18 Wed]/4/18 , 0 2 y alit apacrty—1-r- 30 days Thu 3/1/18 Wed 4/11/18 g 0 meM ltnPimfsdieal calwcny evaivati.n ane Peceas 45 days Thu 3/1/18 Wed 5/2/18 g Q 01 40 days Thu 3/1/18 Wed 4/25/18 1p '3 odor tom eP -luau.. 30 days Thu 5/3/18 Wed 6/13/18 8 It E3 3 Fieaccaievaivaticn 35 days Thu 3/15/18 Wed 5/2/18 12 S 2 lac ace&coon evaivae°" 35 days Mon 4/2/18 Fri 5/18/18 13 :2 Alternatives Assessment 53 days Thu 5/3/18 Mon 7/16/18 14 3 A."1°h2a Ei11 n 1day Thu 5/3/18 'Thu 5/3/18 7,8 15 :2 F.oVnM evaivaionf concedwai iayow of airernarerec 15 days Fri 5/4/18 Thu 5/24/18 14 16 :3 u "f P die cmt(C"ce .1) 15 days Fri 5/25/18 Thu 6/14/18 15 17 :3 Ane"'M've a" 1 day Fri 6/15/18 Fri 6/15/18 16 Iz 18 :3 nnematne seieawn 1 day Mon 6/18/18 Mon 6/18/18 17 T1 19 2 Seidman Tech Mew..,P—WH 45 days Fri 5/4/18 Thu 7/5/18 14 20 seiece.c.—u 7 days Fri 7/6/18 Mon 7/16/18 19 21 Conceptual Design 85 days Tue 7/17/18 Mon 11/12/18 22 '� C"cceduai I.,.design d—ru. 60 days Tue 7/17/18 Mon 10/8/18 13 21 '� C.—M.1 W.i.t—W 45 days T-7/17/18 Mon 9/17/18 13 2q .'r—OP-1— 15 days Tue 9/18/18 Mon 10/8/18 23 25 c"nceduai ccncuuaion schmuiea pcm 15 days Tue 9/18/18 Mon 10/8/18 23 26 '� own c"cceduai ee.,,r '25 days Tue 9/18/18 Mon 10/22/18 23 27 '� Fwai c.nceduai eeagn reaoe 15 days Tue 10/23/18 Mon 11/12/18 26 28 oApc 40 days Tue 9/18/18 Man 11/12/1823 29 Conceptual Submittal Preparation 7 days T-11/13/18 Wed 11/21/18 27 30 Conceptual Client Review Meeting 1 day Thu 11/22/18 Thu 11/22/18 29 31 Additional Services 180 days Thu 3/1/18 Wed 11/7/18 32 TCF.ccominaeon 180 days Thu 3/1/18 Wed 11/7/18 33 i.1nw ogiwiraii.n of Piecf oeeau"cc ane odor Comr.i 100 days Thu 3/1/18 Wed 7/18/18 3q o 3 coo vur.n or .....m ar"j.- 180 days Thu 3/1/18 Wed 11/7/18 T- sum 1�"1 Manual Tank start-Doty Deaeiwe i Manual g r Protea maty Pm ress Pr j—Greenwood Process Eva split ................ I—,Ick Durauo,.ony � Finish-.niy � onicai � Date:Thu 2/15/18 Miiezmce ■ Naive Mii— Macuaisummaryiwiiup P..1 City Proj. No. 18069A Exhibit"A" Page 20 of 21 FEE Services will be provided on a Lump Sum basis for a total not-to-exceed contract amount of $612,500. If you have any questions or if you would like to discuss in more detail, please feel free to call me at 469-250-3781. Sincerely, Hazen and Sawyer TBPE Firm No. F-13618 cs"- Q'a41�( a- Chamindra Dassanayake, Ph.D, P.E. Marc Santos, PE Vice President Senior Principal Engineer Southwest Regional Manager Corpus Christi Office Manager City Proj. No. 18069A Exhibit"A" Page 21 of 21 a) p Q Q 0 0 0 0 0 0 0 0 0 0 0 0 _ O O O O M O o 0 m m m LO M LO O d Q 0 0 0 0 0 LO 0 0 ~ ~ ~ O O O M E sco iO LO M N M N U Nd O o U a� LU -0 fl � Q (1) O O O O O O O O Q Q Q O O O O E E D O O 00 O o 0 o m m m o 0 0 0 `E (D (1) = 0 0 0 0 0 0 o ti F- F- F ti o I` ti 0 Of V 64 O LO O LO O N N LO �t 0 _ Lf) I-- L() I-- L() CO N O) 6 Ldl It Ldl 4' ami I E R 69 69 09 Ef? Ef? 69 Ef} Ef} 69 69 � m O O O O O o 0 o 0 0 0 0 O O O 0 0 0 0 0 O O O m m m 0 O O O - 000000 O O O F- F- F- O 000 O '5 00 O 63 H? 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Q .� � 4�., a) m a) O = a� u� cv °� U cv O O cz cB m IL p m U U) Q d d 0 CO CO fn m Q F- Z Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 Ile❑0ELI❑ and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 2 Ile❑0ELI❑ coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Ile❑0ELI❑ SUPPLIER NUMBER TO BE ASSIGNED BY— CITY-PURCHASING DIVISION City of' CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to¢o business with the City to provide the following information. Every question must be answered. If the'question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: 14A 2 E J`( A*J b P.O.BOX: 9).6-0 K OEJITWAL- EKpw%/ STREET ADDRESS:C^MfS;LL C.t.f .(Z S�t TI: CITY: P A-L—R-S' ZIP: 0 FIRM IS: 1. Coro ation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this age or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT "E" Pae 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public ingeneral or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: G gyve//y,p(L�4 D,g��p-y'A�yrlk6Title: Vla �Rf1/A��dT 'F �of./r9L iYlrl�d (Type or Print) Signature of Certifying ` Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Pase 2 of 2 CITY COUNCIL EXECUTIVE SUMMARY Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works - ® Jeff H. Edmonds, P. E., Director of Engineering Services Dan Grimsbo, Executive Director of Utilities Meeting Date Agenda Category Le istar ID June 12, 2018 Motion 18-0635 June 19, 2018 Agenda Title: Master Service Agreement— Citywide Storm Water Infrastructure Rehabilitation / Replacement PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute Master Service Agreement o With LJA Engineering of Corpus Christi, Texas o For a not to exceed amount of$500,000 o to develop and implement the Citywide Storm Water Infrastructure Rehabilitation / Replacement project SUMMARY ➢ Master Service Agreement— o Provides basic scope, terms, conditions for future Task Orders o Task Orders - ■ Issued with specific scope of work and associated fees ■ Total not to exceed contract value ■ Administratively authorized ➢ Continuation of strategy to address aging storm water infrastructure citywide ➢ Project includes— o Evaluation, prioritization and hydraulic modeling of storm water infrastructure o Preparation of Indefinite Delivery Indefinite Quantity (IDIQ) documents o Preparation and issuance of Delivery Orders PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Project approved in 2018 Capital Improvement Program (CIP) budget ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Master Service Agreement ➢ Location Map ➢ Presentation FUTURE ACTIONS ➢ Award construction contract Project No.18100A SW/VP Rev.0—05/18/18 Item Details Legistar # 18-0635 Master Service Agreement — Citywide Storm Water Infrastructure Rehabilitation / Replacement Council Meeting Dates: Item Being Considered: Future Item — June 12, 2018 Motion Action Item - June 19, 2018 RECOMMENDATION: Authorization to award a contract with LJA Engineering of Corpus Christi, Texas for a not to exceed amount of $500,000 to develop and implement the Citywide Storm Water Infrastructure Rehabilitation/Replacement project. SUMMARY: This project continues implementation of a strategy to systematically rehabilitate and/or replace aging storm water infrastructure city-wide. It includes evaluation, prioritization, and hydraulic modeling of storm water infrastructure to develop construction strategies and methodologies to reduce flooding and maintenance costs. Preparation of the IDIQ construction documents to implement recommended improvements through multiple Delivery Orders (DO's) "work orders" is also included. The DO's will be prepared by the engineer and issued to the contractor based on the contractor's unit bid prices. There may be some projects that cannot be completed through the IDIQ process; these projects may be designed and bid separately. This MSA contract provides the basic scope, terms, and conditions that govern future Task Orders, which will be issued with specific scope of work and associated fees. The total Task Orders will not exceed the MSA contract value and will be administratively authorized by the City Manager or designee. LJA Engineering was selected by RFQ 2016-01. PREVIOUS COUNCIL / BOARD ACTIONS: None. Project No. 18100A 1 SW/VP Rev.0—05/22/18 BUDGET WORKSHEET Citywide Storm Water Infrastructure Rehabilitation/Replacement PROJECT FUNDS AVAILABLE: StormWater CIP Funds...................................................................................... $ 6,712,600 TOTAL FUNDS AVAILABLE............................................................................... $ 6,712,600 PROJECT FUNDS REQUIRED: Construction Fees: Construction (Estimate) ................................................................................... TBD Contingency (10%).......................................................................................... TBD Construction Inspection and Testing Fees:.............................................................. TBD Construction Inspection (estimate)....................................................... TBD Construction Phase - Materials Testing Services (estimate)....................... TBD Design, Right of Way Acquisition and Plan Review................................................... 549,990 Preliminary Engineering Design (LJA Engineering) .................................. 49,990 Master Service Agreement (LJA Engineering) THIS ITEM...................... 500,000 Reimbursement Fees and Miscellaneous............................................................... 338,630 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)............ 134,252 Engineering Services (Project Mgt/Constr Mgt)...................................... 201,378 Misc. (Printing, Advertising, etc.)......................................................... 3,000 TOTAL............................................................................................................ $ 888,620 * ESTIMATED PROJECT BUDGET BALANCE....................................................... $ 5,823,980 CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES Citywide Storm Water Infrastructure Rehabilitation/Replacement (Project No. 18100A) This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and LJA Engineering, a Texas Corporation, 820 Buffalo Street, Corpus Christi, Texas 78401 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER.....................................................................................2 ARTICLE II COMPENSATION.................................................................................................3 ARTICLE III QUALITY CONTROL PLAN .................................................................................4 ARTICLE IV INSURANCE REQUIREMENTS...........................................................................4 ARTICLE V INDEMNIFICATION..............................................................................................4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE.................................5 ARTICLE VII TERMINATION OF AGREEMENT .......................................................................5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT.........................................................................6 ARTICLE IX OWNER REMEDIES ............................................................................................6 ARTICLE X CONSULTANT REMEDIES..................................................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ...............................................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................9 EXHIBITS Page 1 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. 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 which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. 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 Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 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 the City's General Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 31d party owners/operators. Page 2 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $500,000. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order,and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City,which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 2.5 Monthly invoices will be submitted in accordance with the Payment Request, attached as Exhibit C. For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $.00 Task 1 —TBD TBD Task 2 —TBD TBD Task 3—TBD TBD Task 4—TBD TBD Task 5—TBD TBD Task 6—TBD TBD 2.7 In the event of any dispute(s)between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, 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 provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.8 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. Page 3 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC 2.9 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed 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 2.5 above for services provided up to the date of suspension. ARTICLE III —QUALITY CONTROL PLAN 3.1 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. 3.2 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 Opinion of Probable Cost(OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV— INSURANCE REQUIREMENTS 4.1 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. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this 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. Page 4 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC 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 VI —TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of 24-months beginning on the Effective Date. The AgFee eRt may be 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 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. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 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. 7.3 Termination Procedure 7.3.1 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 Page 5 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC 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. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as "Draft" and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 7.3.3 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. 7.3.4 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 VIII — RIGHT OF REVIEW AND AUDIT 8.1 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. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes,daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Upon reasonable prior notice, Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former 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. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX—OWNER REMEDIES 9.1 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: Page 6 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC 9.1.1 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; 9.1.2 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. 9.1.3 Losses are incurred because of defects, errors and 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 defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non-value added work costs for change orders due to design errors 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. 9.4 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. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X— CONSULTANT REMEDIES 10.1 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. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 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. Page 7 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC 11.1.2 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. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 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 Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR)process set forth herein, 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 any other ADR process. 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 ADR process contained herein. 11.2.3 Mediation 11.2.3.1 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. 11.2.3.2 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. 11.2.3.3 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. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement 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. Page 8 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC 11.3 1 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 in this Agreement. 11.4 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. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement 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 maybe 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. 12.2 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, 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 professional engineer prior to re-use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects 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. 12.4 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. 12.5 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. 12.6 Entire Agreement. This Agreement, including Task Orders, 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. Page 9 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC 12.7 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. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed, signed 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. 12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 12.11 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. 12.12 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. 12.13 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. 12.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. Page 10 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC CITY OF CORPUS CHRISTI LJA EN ERING ✓�wlr Jeff H. Edmonds, P. E. Date §6ff Cdym, . E. Date Director of Engineering Services Vice President 820 Buffalo Street Corpus Christi, TX 78401 APPROVED AS TO LEGAL FORM (361)887-8851 Office jcoym@lja.com Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary Page 11 Rev. 184 KIENGINEERING DATAEXCHANGEWELMAPIDRAINAGE118100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACEWASTER SERVICES AGREEMENT LJANSA52018- 0430 MASTER SERVICES AGREEMENT•PROFESSIONAL SERVICESAOC Citywide Storm Water Infrastructure Rehabilitation/Replacement (Project No. 18100A) Accounting Unit 3495-043 Account 550950 Activity 18100-A-3495-EXP Account Category 50950 Fund Name SW 2012B RVBD Page 12 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\DRAINAGE\18100A(E12146)CITYWIDE STORM WATER INFRASTRUCTURE REHAB REPLACE\MASTER SERVICES AGREEMENT LJA\MSA\2018- 0430 MASTER SERVICES AGREEMENT-PROFESSIONAL SERVICES.DOC EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated , 2018 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI LJA ENGINEERING Jeff H. Edmonds, P. E. Date Jeff Coym, P. E. Date Director of Engineering Services Vice President 820 Buffalo Street Corpus Christi, TX 78401 (361) 887-8851 Office jcoym@lja.com Master Services Agreement EXHIBIT B CONSULTANT PROPOSAL Master Services Agreement 114 5656 S Staples Street,Suite 230.Corpus Christi,Texas 78411 LJA ENGINEERING t 361.991.8550 f 361.993.7569 LJA.com TBPF F-1386 TBPLS 10104001 April 20, 2018 FEE PROPOSAL Jeff Edmonds, PE Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469-9277 Re: Proposal for Citywide Storm Water Infrastructure Rehabilitation/Replacement Master Service Agreement (MSA) LJA Proposal No. 18-01195 LJA Project No. C007-21078 Dear Mr. Edmonds: LJA Engineering, Inc. (LJA) is pleased to provide this proposal for development and implementation of a City-wide storm water infrastructure rehabilitation/replacement program. LJA assumes that it is the City's intent to Bid this project using an IDIQ contract approach and have LJA issue subsequent Delivery Order (DO'S) to the selected contractor during the Construction Phase. Additionally, there may be some projects that cannot be completed through the IDIQ process, these projects may be designed and bid separately. Attachment "A" details an initial general scope of services required for this proposal. We propose to work this project in a Master Service Agreement (MSA) for a total contract amount not-to-exceed $500,000.00. If this proposal meets with your approval, your signature below will be sufficient authorization to commence the work. We appreciate the opportunity to submit this proposal, and look forward to working with you on completion of this project. It you have any questions please feel free to contact me at any time at 361.991.8550 or by email at jcoym@lja.com. Sincerely, Accepted By: CITY OF CORPUS CHRISTI ge By: Vice President, Corpus Christi Title: Date: EXHIBIT "B" Page 1 of 3 V,1LJA ENGINEERINGILJA OPPORTUNITIES-PROPOSALS-PSA 2016-20171Corpus Christi Opporturnties12018 Pro.Lir -PSA ContracW18-01195-Cdy of Cc 010 Storm Water Improvements501-18-01195-Proposal Letter&Attachment A.docx Attachment"A" General Scope of Services Citywide Storm Water Infrastructure Rehabilitation/Replacement Tasks 1-6 This contract is a Master Service Agreement (MSA) to provide the required professional engineering services for the Citywide Storm Water Infrastructure Rehabilitation/Replacement project. The MSA contract specifies basic scope, terms, and conditions that will govern future Task Orders. Future Task Orders will be issued with specific scope of work and associated fees. The total Task Orders will not exceed the MSA contract value. Future Task Orders will be administratively issued by the Director of Engineering Services or designee. Below are descriptions of anticipated Task Authorizations. Additional or alternate tasks may be undertaken during the project. Actual scope and fee of each task will be negotiated prior to authorization to commence each task. Task 1: LJA will prepare contract documents and specifications for the purpose of bidding an IDIO formatted project for multiple Storm Water related repairs or improvements throughout the City. The specifications will include bid items with miscellaneous values sufficient to procure unit prices for each. It is anticipated that the bid items included will be those typically involved with varies types of Storm Water infrastructure rehabilitation or replacement projects. The fee for this Task 1 will be determined at a later date. Task 2: On September 27, 2017, under a separate contract, LJA delivered a report proposing three options to correct a storm water drainage issue occurring at the Turtle Cove Subdivision in Flour Bluff. It is anticipated that Task 2 will included efforts to issue a Delivery Order proposing recommended storm water improvements to correct this issue. The fee for this Task 2 will be determined at a later date. Task 3: Horne Road National Guard Armory storm water erosion improvements. This Task 3 scope includes redirecting storm water flows in an existing ditch adjacent to the National Guard Armory in order to prevent further erosion. The fee for this Task 3 will be determined at a later date. Task 4: Investigate and provide recommendations to alleviate flooding issues occurring at a Flour Bluff Subdivision. The fee for this Task 4 will be determined at a later date. EXHIBIT "B" Page 2 of 3 V:1LJA ENGINEERINGILJA OPPORTUNITIES-PROPOSALS-PSA 2016-20171Corpus Chnsti Opportunilies12018 Pro.LLr -PSA Contrects%1 B-01195-City of CC 1010 Storm Water tmprovements101-18-01195-Proposal Letter 8 Attachment A docx Letter docx Task 5: North Beach Drainage Improvements. This Task involves reviewing recommendations from HDR's drainage improvements study of the North Beach area and developing a construction delivery order accordingly. The fee for this Task 5 will be determined at a later date. Task 6: Large Volume Floatables Interceptor improvements specific to the Cole Park area. This Task involves studying and providing recommendations for reducing the amount of trash floatables entering the Storm Water collection system. The fee for this Task 6 will be determined at a later date. EXHIBIT "B" Page 3 of 3 V 1LJA ENGINEERINGILJA OPPORTUNITIES-PROPOSALS-PSA 2016.20171Corpus Chnso Opponumbes12018 Pro.Ltr.-PSA Contracis118-01195-City of CC IDIO Storm Water Improvements101-18-01195-Proposal Letter&Attachment A docx Letter.docx EXHIBIT C PAYMENT REQUEST FORM Master Services Agreement Sample form for: COMPLETE PROJECT NAME Payment Request AE Contract Project No.XXXX Revised 02/01/17 Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD1 TBDI TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.001 $1,627.001 $4,747.00 $500.00 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.001 $1,250.001 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.001 $1,627.001 $4,747.00 $500.00 $0.00 $500.001 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.001 $2,877.001 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT"C" If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT D INSURANCE REQUIREMENTS Master Services Agreement EXHIBIT D 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 Consultant shall be required to submit a copy of the replacement certificate of 1 Rev 07/16 insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 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 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall 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 order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 07/16 EXHIBIT E EXCERPT FROM GENERAL CONDITIONS FOR CONSTRUCTION CONTRACT Master Services Agreement 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 + I N SCALE: N.T.S. CITYWIDE PROJECT o � NUECES BAY 0 wh w CORPUS CHRISD i 4 M M g CORPUS CHRISTI BAY N g F CINIBII tl pp CSO&Y HAYLL NR SM1pH C 0°6 u FLOUR BEUFF am LAGUM WORE GULF OF MDOCD LOCATION MAP NOT TO SCALE Project Number: 18100A Citywide Storm Water Infrastructure CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Rehabilitation / Replacement DEPARTMENT OF ENGINEERING SERVICES �� Corpus Chr sti Engineering Citywide Storm Water Infrastructure Rehabilitation/Replacement Council Presentation • June 12, 2018 Project Location Corpus*Ch,sti — Engineering Citywide Storm Water Infrastructure Rehabilitation/Replacement N SCALE:N.T.S. C70 F R $I� \atr a Project Vicinity Corpus*Ch,sti Engineering lw All ityvui a torm ater n ras ruc ure Rehabilitation / Re lacement ,r Wr'! rye: Project Scope -�.rsp Corpus Chr'sti Engineering MSA - individual task orders will be issued to: • Analyze and prioritize storm water infrastructure improvements • Prepare bid docs for IDIQ construction • Prepare Delivery Orders based on work plan for IDIQ program • Prepare bid/construction documents for projects not part of IDIQ program Project Schedule A Corpus*Ch,sti Engineering 2018 20192020 2021 J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A Bid / Design Construction TBD Award This is a Master Services Agreement for Professional Services. The service shall be for a period of 24-months. The engineer will be tasked throughout the life of this contract for designand construction documents. A schedule will be prepared with each Task Order/Delivery Order. CITY COUNCIL EXECUTIVE SUMMARY Council Priority Not Applicable Staff Contacts: Mark Van Vleck, Assistant City Manager Valerie H. Gray, P.E., Executive Director of Public Works Jeff H. Edmonds, P. E., Director of Engineering Services Lawrence Mikolajczyk, Director of Solid Waste Meeting Date Agenda Category Legis tar ID June 12, 2018 Resolution 18-0636 June 19, 2018 Agenda Title: Construction Contract—J. C. Elliott Site Improvements PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute Construction Contract o With Bridges Specialties, Inc. of Robstown, Texas o In the amount of$394,545.05 o For the J. C. Elliott Site Improvements project base bid SUMMARY ➢ Site operations — o Transfer Station ■ Solid Waste Department refuse trucks deliver to site ■ 18-wheelers transport refuse to Cefe Valenzuela Landfill (1 load = 3 refuse trucks) o Citizens' Collection Center o Recycling services o Free mulch ➢ Existing condition — o Pavement, drainage and shallow utility lines severely deteriorated o Storm water ponding during routine storm events ■ Reduced service levels ■ Delays ■ Safety concerns ➢ Project scope — o Supports increased traffic loads o Improves mixed traffic site circulation o Utility & storm water drainage improvements PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Apparent low bid deemed non-responsive ➢ Project approved in Capital Improvement Program (CIP) budget ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Letter of Recommendation ➢ Location Map ➢ Project Budget ➢ Resolution ➢ Presentation FUTURE ACTIONS ➢ None Project No.E17060 LV/CJ Rev.0—05/18/18 Item Details Legistar# 18-0636 Construction Contract — J. C. Elliott Site Improvements Council Meeting Dates: Item Being Considered: Future Item—June 12, 2018 Resolution Action Item - June 19, 2018 RECOMMENDATION: Authorization to award a construction contract with Bridges Specialties, Inc. of Robstown, Texas in the amount of$394,545.05 for the J.C. Elliott Site Improvements project for the base bid. BASE BID: This project consists of the following, but not limited to, site improvements consisting of demolition of pavement and wastewater utilities, the installation of pavement, wastewater utilities, wastewater lift station, water utility, storm utility, and appurtenances. BID SUMMARY CONTRACTOR BASE BID Bridges Specialties, Inc. Corpus Christi, Texas 394,545.05 Mo-Con Services, Inc. Corpus Christi, Texas 497,713.71 Winters Construction, Inc. San Antonio, Texas 511,619.17 DMB Construction, LLC Corpus Christi, Texas 523,914.22 Barcom Construction, Inc. Corpus Christi, Texas 456,635.35 Welch Excavation and Utility Company Winona, Texas 457,191.44 Jimmy Evans Company Austin, Texas 471,798.00 Jhabores Construction Company, Inc. 489,681.87 Corpus Christi, Texas Engineer's Opinion of Probable Construction Cost $509,892.16 SUMMARY: This project is critical to ongoing operations at the JC Elliot Landfill and continued compliance with TCEQ for oversight and monitoring of the closed landfill. Ongoing operations include the City's Transfer Station, Citizens' Collection Center, recycling services and free mulch. The facility supports up to approximately Project No.E17060 1 LV/CJ Rev.1—05/31/18 400 residents on weekdays and over 800 on weekends. Existing pavement, drainage and shallow utility lines are experiencing severe deterioration. During routine storm events, the site becomes inundated with ponding storm water that causes delays, reduced service levels and increased safety concerns. The Transfer Station receives City refuse trucks and commercial waste from local businesses for transport to Cefe" Valenzuela Landfill (CVL). Over 400 tons of waste and debris are collected and transferred daily. The Solid Waste Department recently improved operational safety and cost effectiveness by diverting its refuse collection trucks to the Transfer Station in lieu of direct hauling to CVL. An 18-wheeler transports the loads of three (3) refuse trucks to CVL from the Transfer Station, thus reducing vehicle counts on the public roads, and mileage and operating costs of City refuse trucks. This project allows critical improvements to support the increased traffic load at the Transfer Station and improves the mixed traffic site circulation. The project provides for the construction of utility and storm water drainage improvements necessary for a future Collection Center Building that will house landfill personnel, store TCEQ compliance records and coordinate the operation of the Citizens Collection Center, Transfer Station and Scale House. Site improvements include water and wastewater utilities, a lift station, drainage concrete swales, headwalls and culverts and a parking lot to accommodate employee and visitor vehicles. On May 9th, 2018, the City received proposals from ten (10) bidders. Two bidders were deemed non- responsive, including the apparent low bid (Abel's Paving & Construction), and were not considered for award. Munoz Engineering recommends the construction contract be awarded to Bridges Specialties, Inc. of Robstown, Texas. Munoz Engineering was selected for the design of this project under the existing Facilities Multiple Award Contract (FMAC) program, RFQ 2016-01 -Transportation and Utilities. PREVIOUS COUNCIL/ BOARD ACTIONS: None. Project No.E17060 2 LV/CJ Rev.1—05/31/18 Page 1 of 2 Resolution rejecting the apparent low bid of Abel's Paving & Construction as non-responsive and authorizing execution of a construction contract with Bridges Specialties, Inc. as the lowest responsive bidder in the amount of $394,545.05 for the JC Elliott Landfill Site Improvements project. WHEREAS, bids were opened on May 9, 2018 for the JC Elliott Landfill Site Improvements ("Project"); and WHEREAS, the apparent low bidder for the Project, Abel's Paving & Construction, failed to use the correct bid form which was included in Addendum 1 to the bid documents; and WHEREAS, the bid submitted by Abel's Paving & Construction was incomplete as they did not use the updated bid form which included several additional line items under Part B — Site Improvements for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid submitted by Abel's Paving & Construction is rejected as non-responsive. SECTION 2. The City Manager or designee is authorized to execute a construction contract with Bridges Specialties, Inc. of Robstown, Texas as the lowest responsive bidder in the amount of $394,545.05 for the JC Elliott Landfill Site Improvements project. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 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 MUNOZ ENGINEERING MUNOZ ENGINEERING Practical Engineering Solutions May 15, 2018 City of Corpus Christi Department of Engineering Services PO Box 9277 Corpus Christi, Texas 78469-9277 Re: E17060 JC ELLIOTT SITE IMPROVEMENTS CORPUS CHRISTI, TEXAS AWARD RECOMMENDATION To Whom It May Concern: The bids for the referenced project were opened on Wednesday, 9 May 2018. At that time there were ten (10) bids received and subsequently reviewed for accuracy and compliance with the bid documents. All the documentation was in order and that, in our opinion, all bidders offered qualified bids, except for two (2) which were deemed Non-Responsive by the City of Corpus Christi. Bridges Specialties, Inc, out of Robstown, Texas is the apparent low bidder. Based on the information provided with the bid documents we are confident that Bridges Specialties, Inc is qualified to complete the work. We recommend that the City of Corpus Christi select Bridges Specialties, Inc, out of Robstown, Texas base bid for a total construction cost of $394,545.05. The contractor will have 240 calendar days from the issuance of a notice to proceed to complete the project. Should you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, MUNOZ ENGINEERING, LLC Thomas Tiffin, P.E. Project Manager M'.\Projects\COCC\17X JC Elliot Collection B.,1d,,g\Engi ,,g\E1]000 JC EII,dt Site Imp rovem encs-A,,,d Re mmentlaiion-20180515 d- 1608 S. BROWNLEE BLVD ■ CORPUS CHRISTI,TX 78404 ■ (0)361-946-4848 ■ (F)361-265-0562 ■ TBPE FIRM F-12240 munozengrg.com PROJECT BUDGET ESTIMATE J.C. Elliott Site Improvements Capital Improvement Program PROJECT FUNDS AVAILABLE: Landfill 2015 CO 560,000 TOTAL FUNDS AVAILABLE.......................................................................................... 560,000 FUNDS REQUIRED: Construction Fees:........................................................................................................ 434,000 Construction (BRIDGES SPECIALTIES, INC) THIS ITEM................................... 394,545 Contingency (10%)...................................................................................... 39,455 Construction Inspection and Testing Fees:......................................................................... 31,210 Construction Inspection................................................................................ 19,600 Construction Phase - Geotechnical and Materials Testing Services (PSI) .............. 11,610 DesignFees:............................................................................................................... 28,000 Engineer(Munoz Engineering)........................................................................ 28,000 Reimbursements:......................................................................................................... 29,000 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) ..................... 11,200 Engineering Services (Project Mgt)............................................................... 16,800 Misc. (Printing, Advertising, etc.)................................................................... 1,000 TOTAL....................................................................................................................... 522,210 ESTIMATED PROJECT BUDGET BALANCE.................................................................... 37,790 N SCALE: N.T.S. MVECES RA" e24 NUECES BAY ANNAALLE 77 U y/ o CORPUS CHRISTI 8 � LEOPARD D a ROBSTOWN z 44 CORPUS CHRISTI �< 288 INTERNA AIRPORTnO 388 N ' a CORPUS CHRISTI BAY w m e ro n F p Sp ^ TEAS A&M UN CORPUS SRY CORPVS CHRISTI Y 388 ISS �y OSO BAY CORC\\C%^\\"'V"PUS c FIELDQ NAVAL AIR 888 43 FLOUR BLU 388 aas J O 2444 OQ 3 �PROJECT LOCATION LAGUNA LOCATION MAP NOT TO SCALE Project Number: E17060 J.C. Elliott Landfill CITY COUNCIL EXHIBIT Site Improvements CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering J.C. Elliott Landfill Site Improvements Council Presentation June 12, 2018 _ Project Location Corpus*Ch,sti Engineering ,v R 'R N snlR SCALE:N.T.S. CORPUS CHRISTI l-EocARo as g� w AIR ORTTONAL 359 5 ORO O 9.i OC� J.C.ELLIOTT LANDFILL SITE IMPROVEMENTS coNPus sp � MOkY COR FIELD x OSO �C 13 00 2 Project Vicinity Corpus*Ch,sti Engineering N SCALE:N.T.S. � St 3 � by �o V i OS0 Creek J.C.Elliott Landfill J.C.ELLIOTT LANDFILL SITE IMPROVEMENTS i -- 1 Project Vicinity Corpus*Ch,sti Engineering Transfer Station N J.C.ELLIOTT LANDFILL Scnr,NJ S. SITE IMPROVEMENTS 3 o " 0 � V Citizens Collection Center Existing Collection Center Building I Scale House Landfill Entrance 4 Project Scope Corpus*Ch,sli Engineering Site improvements for Citizens Collection Center, Transfer Station and Scale House at JC Elliott Landfill to increase public safety and reduce operating cost and mileage of city refuse trucks. Improvements include: • Pavement restoration, new markings and signage • Drainage Improvements • Wastewater underground lines with new packaged unit lift station • Water underground lines with new fire hydrant for fire protection ❖ Site Improvements consider future Collection Center Building Project Schedule Corpus*Ch,sti Engineering 2017 20181 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Bid&Award Construction Construction Calendar Days: 210 N 7 Months Site Photographs C May, 201h 2018 - 1/2 inch Rain Event s*Ch,stiEngineering 05.21,2018 0 0 Citizen's Collection Center and Transfer Station Exit Site Photographs L Ursa May, 201h Corpus Chr sti 2018 - 1/2 inch Rain Event Engineering f � a y ll t Citizen's Collection Center s se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 12, 2018 Nc1852Ev Action Item for the City Council Meeting of June19, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM: Lawrence Mikolajczyk., Director of Solid Waste Operations lawm(a�cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(acctexas.com (361) 826-3169 Purchase of Refuse and Recycling Carts for Solid Waste CAPTION: Motion authorizing the purchase of refuse and recycling carts from Cascade Engineering of Grand Rapids, Michigan, via Houston-Galveston Area Cooperative, in the total amount of $120,019.20. PURPOSE: This item is to approve the purchase of 2,320 carts consisting of green refuse carts and blue recycling carts for Solid Waste Department. BACKGROUND AND FINDINGS: The containers will be distributed to new customers, customers requesting additional containers and customers requesting replacements for damage and stolen carts. The entire City is currently on the automated collection program which was first implemented in 2002. The carts that are damaged and deemed unserviceable are collected and recycled by the Solid Waste Department. The carts will be purchased through the HGAC cooperative which provides a very competitive price and expedites the purchase of these needed carts. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $182,503.08 $ $182,503.08 Encumbered / Expended Amount $53,162.61 $0.00 $53,162.61 This item $120,019.20 $ $120,019.20 BALANCE $9,321 .27 $0.00 $9,321 .27 Fund(s): General Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Purchasing Division Carts for Solid Waste Buyer: Cynthia Perez HGAC Contract RC01-18 Cascade Engineering Grand Rapids, Michigan ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Cart 96-Gal Moss Green $46.77 1,520 $71,090.40 2 Cart 96-Gal Medium Blue $46.77 800 $37,416.00 3 In Molded Label 3x 13" $1.00 1520 $1,520.00 4 In Molded Label 3x 13" $1.50 800 $1,200.00 5 Shipping $3.79 2,320 $8,792.80 Frei ht TOTAL $120,019.20 se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 12, 2018 Nc1852Ev Action Item for the City Council Meeting of June 19, 2018 DATE: June 4, 2018 TO: Keith Selman, Interim City Manager FROM: Kim Womack, Communication Director KimW@cctexas.com 361.826.3310 Renewal of Service Agreement with Sprout Social for an Integrated Social Media Platform CAPTION: Resolution finding that the renewal of a service agreement with Sprout Social, Inc. for the Communication Department is a sole source procurement; and authorizing a one-year renewal with Sprout Social Inc. of$15,300.00, for a total renewal amount not to exceed $30,600. PURPOSE: The purpose of this item is to renew a service agreement with Sprout Social Media, Inc., which is an integrated social media solution. This agreement authorizes a one-year renewal of services that will expire February 27, 2019. BACKGROUND AND FINDINGS: The City began utilizing this software in February 2015 based on a sole source service provider. Sprout Social offers services in on consolidated product rather than purchasing three separate software packages for records retention, analytics/reporting and multi- channel social media management. Sprout Social was selected to help brand communication of social channels and provides a single hub for social media publishing, analytics, and engagement across all social profiles. ALTERNATIVES: Not authorizing this renewal. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Not applicable EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Legal Finance - Purchasing FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $15,300.00 $15,300.00 BALANCE Fund(s): Professional Services Comments: N/A RECOMMENDATION: Staff recommends approval of this item. LIST OF SUPPORTING DOCUMENTS: Resolution Service Agreement Sole Source Justification Memo Resolution finding that the renewal of a service agreement with Sprout Social, Inc. for the Communication Department is a sole source procurement; and authorizing a one-year renewal with Sprout Social Inc. for $15,300, with an option to extend for an additional one-year term, for a total renewal amount not to exceed $30,600. WHEREAS, renewal of a SproutSocial software license subscription will be renewed for use by the Communication Department; WHEREAS, this system will assist the City with brand communication on social channels and provides a single hub for social media publishing, analytics, engagement across all social profiles, and records retention for social media; WHEREAS, the City began utilizing the software in February 2015 on an annual renewal basis at total cost of$45,900 to date and the additional annual renewal will bring overall total to $61,200, and exercise of the additional option to extend for an additional one year would bring the overall total to $76,500; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(x) (7) (A), as this purchase is available from only one source due to special processes or patents. 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 all documents necessary to renew software license with Sprout Social Inc. based on a sole source, for a one year renewal term for $15,300, with option to extend for a second renewal term of $15,300, for a total renewal amount not-to-exceed $ 30,600. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 SC 0 > SERVICE AGREEMENT NO. 57196 U Sprout Social Media Web Host Services bO RPOR Af� 1852 THIS Sprout Social Media Web Host Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Sprout Social, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Sprout Social Media Web Host Services 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 Social Media Web Host ("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 one additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $15,300.00, 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: Kim Womack Department: Public Information Office of Communications Phone: 361-826-3210 Email: KimW@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. 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: Kim Womack Title: Director of Communications Address: 1201 Leopard St., Corpus Christi, TX 78409 Phone: 361-826-3210 IF TO CONTRACTOR: Sprout Social Inc. Attn: Michael Comer Title: Senior Customer Success Manager Address: 131 S. Dearborn St., l Oth Floor, Chicago, IL 60603 Phone: 773-904-9633 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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) The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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) CONTRACTOR Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 Signature: Printed Name: Mirza Mujkanovic Title: Director,Customer Success Date: 02/05/2018 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 Communication Department is in need of an integrated social media solution. This application will manage all City social media channels, to include at least 8 different platforms. Services also include unlimited reports and archiving as required by State Law. W�r Michael Comer/ Sprout Social, Inc. 6/6/18 Page 1 of 1 ATTACHMENT B: QUOTE AND PRICING SCHEDULE sproutsocial City of Corpus Christi 2/27/19 AGREEMENT FOR AGREEMENT VALID THRU Business Nam City of Corpus Christi Social Profile_ 50 Account Owns; Kim Womack Group 20 Owner ErrAil kimw@cctexas.com Brand Keyword,, 20 Subscription Tern- 12 months Subscription Start fiat:- 2/27118 Payment Tern,y Due upon receipt .. MONTHLYQUANTITY TOTAL Enterprise plan (10 users included) 1 $ 17500.00 15 $ 1,275.00 5 Additional Profiles 0 $ 25.00 $ 0 00 5 Additional Brand Keywords 0 $ 25.00 $ 0.00 5 Additional Groups 0 $ 25.00 $ 0.00 $ 0.00 15%discount included $ 1,275.00 Additional users can be added at$125/month which will be pro-rated for remainder of billing cycle MONTHLY TOTAL Annual total $15,300 f t o� l� I ACCEPTED BY DA',; Page 1 of 1 ATTACHMENT C: INSURANCE REQUIREMENTS Section 5. (A) is null for this Service Agreement. Page 1 of 1 ATTACHMENT C: BOND REQUIREMENTS Section 5. (B) is null for this Service Agreement. Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS Section 8 (a) & (b) is null to this service agreement. Page 1 of 1 opuS MEMORANDUM To: Kim Baker, Assistant Director Financial Services From: Kim Womack, Communication Director C�_ Date: January 10, 2018 0 E� Subject: Sole Source Justification - Sprout Social kv Please accept this memo as authorization to use a sole source letter for Sprout Social.This vendor was selected to help brand communication on social channels and provides a single hub for social media publishing,analytics, and engagement across all social profiles.This platform also meets records retention for social media. Sprout offers services in one consolidated product rather than purchasing 3 software packages for records retention,analytics/reporting and multi-channel social media management. On February 27, 2018,the agreement will expire. If you have any questions please feel free to contact me. Thank you, Kim Womack Communication Director v sproutsocia! December 27, 2017 To v horn it may conce n This letter is to contirrn that a;of the dale of this letter,'thic Sprout Social""application accessible at 4;1.x1,,+.SprautSocial.cor^ (the"Sprout Social Product") is developed,sold and distributed exciusively by Sprout Social, Inc. Sprout Social, inc. partners with MFItti+rater Needs USI Inc. („Meltvlater")to provide a version of the Sprout Sofial Product, however, the Meiisr:;,ter product has different confi'guratiorls and OUttSourced customer Support and 'therefore is a different product than the Sprout Social ProdUCt We are looking forwar6 to working with your oiganizatwn. d&- Kr2a Nklj;kanovnr_ Director.Customer Success sproutsocial City of Corpus Christi 2/27/19 13 R F E Kit N T 1.O AGRE-ENI—ENT V_'.Llf� THRU Rus City of Corpus Christi 50 'Nccount t. j: - Kim Womack 20 F:il : kimw@cctexas.com b-,i d. 20 SubscwAor,T _rri 12 months 2/27/18 Payrr.,zni Teems Due upon receipt PRODUCT OUANTITY MONTHLY RATE TOTAL Enterprise plan (10 users included) 1 $ 1,500.00 15 $ 1,275.00 5 Additional Profiles 0 $25.00 $ 0.00 5 Additional Brand Keywords 0 $ 25.00 $0.00 5 Additional Groups 0 $25.00 $0.00 $ 0.00 15%discount included Additional users can be added at$125/month which will be pro-rated $ 1,275.00 MONTHLY TOTAL for remainder of billing cycle Annual total $15,300 0� ACCEPI SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of June 12, 2018 DATE: June 7, 2018 TO: Mayor and Council FROM- Keith Selman, Interim City Manager Gulf Coast Growth Ventures Project Update June 2018 OUTSIDE PRESENTER(a Name Title/Position Organization 1. Colette Walls Community Relations Advisor Gulf Coast Ventures BACKGROUND: This item will be an update on the 1.8 MT ethylene plant project from Gulf Coast Ventures including the project status in the permitting process. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Gulf Coast Growth Ventures Project Update June 2018 sr* GULF COAST GROWTH VENTURES Gulf Coast Growth Ventures Project Update June 2018 sr* GULF COAST GROWTH VENTURES Our Pledge • Provide you with the facts about our project and listen to you • Be a responsible corporate citizen and a good neighbor Project contact information • Email: •foCcD-gulfcoastgv.com • Website: iww.gulfcoastgv.com • Facebook: GulfCoastGV • Office Location: 1512 Wildcat Drive, Portland, TX 78374 • Phone: 844.280.1993 2 sr* Project Overview GROWTH VENTURES Pelier_ „..,,_A Mk Polyethylene . Drilling rig Eth leve 11 11 � Ethane cracker Gas plant AL Polyethylen-,;;;;, Eth lene ■� 11 11 Consumers Monoethylene Ethane 0 -10 Eth leve Glycol FrM • 1 .8 MT ethylene plant — largest in the world • Derivative Units: two 600 KT polyethylene, and one 1000 KT monoethylene glycol unit. • Ethane feedstock from oil shale in Texas • Connecting Texas natural resources to emerging global markets • Gamechanger -- jobs and economic growth for the region sr* Maximizing Benefits and Minimizing Impacts GROWTH VENTURES 600+\ 190,000 /31,500+ new, average annual ndirect& permanent salary \ induced jobs jobs on site \ in the state Projected economic benefits • Up to 6,000 construction jobs at peak • Over 600 direct and 3,500 indirect permanent jobs — Local Hiring — Workforce training programs with local schools and colleges — Local Business Initiative • Over $250 million in taxes thru first 5 years of operation ALAL vp GULF COAST Project Timeline GROWTHVEENTURES PROJECT MILESTONES Conduct Select File Obtain Make Final Begin Project Competitive Project Permit Permit Investment Construction Startup Site Studies Location Applications Approvals Decision Milestones: — Site Announcement — April 17 — Permit Applications — April 17 — Project Advisory Council Kick-off — June 17 — Engineering and Design Contractor Kick-offs -- 3Q17 — Construction -- Site Prep 2017-18; — Construction Ramp-up -- 1 Q19 — Start-up by mid-2022 COAST Viewscapes GROWTHVENTURES 'l ALAL vp Committed to Safety GULF COAST GROWTH VENTURES New Approach to Safety Training • Meaningful early engagement • Building relationships • Increased leadership . • Increased accountability • Fit for purpose • Impacting hearts and minds • Craft & contractor experience • Humanizing Safety starts day one - .,. I gg s a� iaff ,knew ---------- FA%W �00000O00 ❑©o o®o .. - iv nz s= srov46 dHUH OppL:- " �ooaao¢o© c0000000c,o_.. ene®e, _sitSSOB B'BBEAS@BBEBBS 8BK a0000¢000 ❑=000000c ::000 ¢000 000 000000[ _i o-000Q0µQµ�po-(00❑ ❑o-gopqp pHo-p¢o}p{ QryQ _ :,nu ,� Bopp°op°o ppo a�sojop °goo[ppAcA[��ff o}po{�safo°ce- erns i"4s is .....¢.. ........... 4,HHHH19POWUR-- �� �� °000000 ALAL vp Committed to Safety GULF COAST GROWTH VENTURES Making Safety A Family Affair u a Ilk sr* Construction Update - A Look at What's Next GROWTH VENTURES Key Milestones Next 6-Months: 1 . TCEQ Waste Water Permit 2. TCEQ Air Quality Permit 350 Site Preparation Population 3. Road improvements underway 300 4. Portland water line connection 250 complete 200 150 5. Plant Entrance Road in use 100 6. Perimeter fence erected so 0 - 7. Temporary facilities occupied Apr-18 May-18 Jun-19 Jul-18 Aug-18 Sep-18 Qct-18 Nov-18 Dec-18 Jan-19 8. Full site development underway 9 ALAL VV GULF COAST Good Neighbor Program GROWTHVEENTURES ➢ We have been listening. ■ Conducted over 120 outreach meetings ■ Community input has helped shape our plans ➢ Identified four major areas to partner with the community: Health& Safety Taking care of health&safety Education & Quality of Life 'Off Workforce Enhancing ,� ■ Helping prepare quality of life �= tomorrow's workforce Environmental Stewardship Being a good steward of the environment 10 sr* Education & Workforce Development GROWTH VENTURES Hire Smart — Hire Local Initiative- Committed to Local Talent INA, \ Education& 67 Process Operators and 7 Front Line Supervisors hired - Workforce Ntomorrow's oprepare 85 % local residents tom workforce 17 scholarships at Del Mar College for May 2018 & December 2018 graduates in process technology program DEL MAR Scholarships to be awarded on ongoing basis M Dreams. Delivered. Coordinating with Workforce Solutions to connectjob seekers with construction job opportunities. Local Business Initiative - Committed to Local Businesses • Over 500 companies signed up for on-site and off-site work. • 52% of bidders evaluated were from the local area • 92% of contracts awarded to-date awarded to local contractors • 97% of total contract value awarded to local contractors More information on construction and operationsjobs is available through our website: ✓Vww.�3UH,(_0ast(_,Jv.c01-n sr* Quality of Life - Keeping our Commitments GROWTH VENTURES •i RESTRICTED TRAFFIC •ftfloe SECONDARY ACCESS Quality of Life PRIMARY ACCESS Enhancing WORKING AREAS qualityoflife r n rn tl6M r Traffic Control Plan • Road improvements, "Red Route" restrictions • Dust and Debris control ALAL VV GULF COAST Quality of Life - Proud to be a Part of the Community GROWTHVEENTURES The Residential Price Protection Plan 0 Program effective January 1, 2018 • Community Interaction Consulting Offices located Quality of Life at 904-B Memorial Parkway, Portland, Texas Enhancing qual,tyofl,fe Construction Advisory Group • Six meetings since June 2017 lip, 5 F Charitable Contributions 10*0 2017: $120,000 to 28 local charities • 2018: $62,000 so far . i TH NK ,y Thank You from G-PTSD Students for the Dollar Day at the Aquarium Computers-on-Wheels sr* Health & SafetyProud give back e community GULF COAST — Pd tibk tthit 9 Y GROWTH VENTURES VICII F-4 VContributions to 90' First Responders in the _ Coastal Bend Region a Health&Safety Taking care of health&safety �c`�.' '' : :. Hurricane Harvey Clean-up Assistance z gra r - 1 sr* Environmental Stewardship GROWTH VENTURES Protecting our Environment $90,000 in charitable contributions for local environmental organizations from ExxonMobil & SABIC TEXAS STATE AQUARIUM® o Coastal Bend Bays & Estuaries W I L D L I F E Program o Texas State Aquarium RESCUE o National Audubon Society Whooping Crane Recovery Project 455��BEND TEXASAxM 4D ,,�UNVF0b, HARTS NQ CORPusIgESEARCHINSTITUTE s Q� o Harte Research Institute Oyster xxis� EOR,.�of M�0 5„0,� Audubon f'yuAR1E5d° Reef Restoration o UTMSI ALAL vp GULF COAST ExxonMobil & SABIC Senior Executives Visit GROWTHVEENTURES .•r F x t I sr* We're Here to Listen GROWTH VENTURES We're here to listen and answer your questions • Ask a question or request a meeting via the contact form on the project website • Visit us at our project office: Gulf Coast Growth Ventures Project Office 1512 Wildcat Drive, Suite 6 Portland, TX 78374 www.GulfCoastGV.com - facebook.com/GulfCoastGV - info@gulfcoastgv.com SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of June 12, 2018 DATE: June 12, 2018 TO: Keith Selman, Interim City Manager FROM- Daniel McGinn, AICP, CFM, Director of Planning & ESI DanielMc@cctexas.com (361) 826-7011 Briefing — John W. Cunningham Water Plant: Request for Interest STAFF PRESENTER(S): Name Title/Position Department 1. Dan Grimsbo Executive Director Water Utilities 2. Daniel McGinn, AICP, CFM Director Planning & ESI BACKGROUND: The former John W. Cunningham Water Filtration Plant currently sits vacant in poor physical and visual condition, and can be seen from I-37, a major gateway into the City. Facing potential demolition, City Staff proposes to issue a Request for Interest (RFI) to gauge interest in redevelopment of the site. The purpose of a RFI is to provide all interested parties with an opportunity to submit a Letter of Interest for the acquisition, and/or redevelopment of the property, allowing the City to identify a purchaser/developer with the commitment and development concept that is most satisfactory to the City. The former John W. Cunningham Water Filtration Plant is part of a complex of facilities that have existed on this parcel over the last 110 years. Corpus Christi's first water works was located on this site in 1893. Several other facilities were built, and eventually became known as the John W. Cunningham Water Filtration Plant. LIST OF SUPPORTING DOCUMENTS: PowerPoint— John W. Cunningham Water Plant: Request for Interest John W. Cunningham Water Plant Request for Interest Corpus Christi, TX City Council Presentation June 12, 2018 1 Background 137 I 0 I H-37 Nueces River • Water Works operation started in (1893) • Building construction on site until 1950 • Approximately 37,000 square feet. • Nueces River frontage • 42,000+ vehicles a day. .rT 1-37 1-77/69 Site Map John W.Cunningham i p _ 1abn'r aan � Water Site Maptration Plant 1-37 I-3 2 LL=tj Ars,oFl, a v 3 John W. Cunningham • Water Department. Employee .�— from 1917-1971 . (Director-1954-71) • Lived at the plant. • Family wrote a book about the history of the Corpus Christi , water system. `�� Play Video Other Texas Power Plant Reuse Projects Pump House Victoria,TX Power Plant Texas Grill Seguin,TX Boiler 9 Austin,TX w..r ! -s � 'r►,,''fug, p'� _ Conceptual Rendering I r 7 Conceptual Rendering �a� ICUNNIlI ., ijT � 1950 � � t 8 @ Next Steps • Request for Interest Process • Request for Proposal (work with selected developer/s on a more detailed development plan) • Select Developer • Demolition (all or part of the facility, may be needed in either scenario)