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Agenda Packet City Council - 06/26/2018
City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 ' cctexas.com Meeting Agenda - Final City Council Tuesday,June 26,2018 11:30 AM City Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Reverend Bruce Wilson, Church of Reconciliation. C. Pledge of Allegiance to the Flag of the United States to be led by Kimberly Houston, Interim City Auditor. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-0740 Proclamation declaring July 4, 2018, "Mayor's 4th of July Big Bang Celebration". Recognition of"Mayor's July 4th Big Bang Celebration" Essay Contest Winners. Proclamation declaring July 1, 2018, "Ms. Coastal Bend Senior Pageant Day". Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. City of Corpus Christi Page 1 Printed on 6/26/2018 City Council Meeting Agenda-Final June 26,2018 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. CITY PERFORMANCE REPORT-ANIMAL CARE b. STRATEGIC FUTURE ISSUES C. OTHER G. MINUTES: 2. 18-0763 Regular Meeting of June 19, 2018. Attachments: Minutes -June 19, 2018 H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. City of Corpus Christi Page 2 Printed on 6/26/2018 City Council Meeting Agenda-Final June 26,2018 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 3 - 15) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 18-0664 Purchase of Tasers for Police Department Resolution authorizing a five-year supply agreement for the purchase of Tasers from Axon Enterprise, Inc. of Scottsdale, Arizona, for a total amount of$260,000. Attachments: Agenda Memo-Tasers for Police Department Resolution -Tasers for Police Department Price Sheet-Tasers for Police Department Supply Agreement-Tasers for Police Department 4. 18-0648 Service Agreement for the Purchase and Installation of MetroCom 911 Dispatch Consoles Motion authorizing the purchase and installation of MetroCom 911 Dispatch Consoles, with a one-year service agreement for $305,346 from Russ Bassett of Whittier, California, via Houston-Galveston Area Council Cooperative. Attachments: Agenda Memo- Dispatch Consoles for MetroCom 911 PD Price Sheet- Dispatch Consoles for MetroCom PD Service Agreement- Dispatch Consoles for MetroCom 911 PD City of Corpus Christi Page 3 Printed on 6/26/2018 City Council Meeting Agenda-Final June 26,2018 5. 18-0688 Resolution authorizing submission of 6 grant applications for State Homeland Security Program and Law Enforcement Terrorism Activity. Resolution authorizing submission of 6 grant applications to the Office of the Governor for State Homeland Security Program and Law Enforcement Terrorism Activity. Attachments: Agenda Memo- Resolution (6 Grant Applications) Resolution -SHSP-LETPA Grants-2018 6. 18-0662 Playground Equipment and Installation at Ben Garza Park, Moody Park and South Bluff Park Motion authorizing an eight-month service agreement for the purchase and installation of playground equipment at Ben Garza Park, Moody Park and South Bluff Park from GameTime by Total Recreation Products, Inc. of Cypress, Texas via U.S. Communities Cooperative for a total amount not to exceed $222,281.91. Attachments: Agenda Memo CDBG parks Ben Garza Park Moody Park South Bluff Park Price Sheet- Playground Equipment and Installation for Ben Garza, Moody and Service Agreement 1718 Playground Equipment and Installation for Ben Garza Service Agreement 1719 Playground Equipment and Installation for Moody Par[ Service Agreement 1720 Playground Equipment and Installation for South Bluff 7. 18-0720 Supply Agreement Amendment No. 3 for Liquid Aluminum Sulfate Motion authorizing Amendment No. 3 to Supply Agreement No. 1072 with Chemtrade Chemicals US, LLC of Parsippany, New Jersey, for the purchase Liquid Aluminum Sulfate for the Utilities Department, for a total increased amount not to exceed $63,180 and a restated total not to exceed $3,363,260. Attachments: Agenda Memo- Liquid Aluminum Sulfate Amendment 3 -Liquid Aluminum Sulfate 8. 18-0717 Amendment No. 1 to a professional services contract for Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements (Capital Improvement Program -CIP) Motion authorizing Amendment No. 1 to a professional services contract with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $229,110 for a total restated fee of$278,596 for Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements for design, bid and construction phase services. (Capital Improvement Program - CIP) City of Corpus Christi Page 4 Printed on 6/26/2018 City Council Meeting Agenda-Final June 26,2018 Attachments: Executive Summary -Amnd 1 Whitecap WWTP Odor Control (18-0661).docx Item Detail -Amnd 1 Whitecap WWTP Odor Control (18-0661).docx Location Map-Whitecap WWTP Odor Control, Process &Bulkhead Improveme Project Budget -Whitecap WWTP Odor Control, Process&Bulkhead Improven Whitecap WWTP Amendment No. 1 signed Presentation -Whitecap WWTP Odor Control, Process&Bulkhead Improvemer 9. 18-0698 Resolution for a Three-Year Service Agreement for Dumpster Collection Services Resolution authorizing a three-year service agreement with K2 Waste Solutions, LLC, dba Killian Calderon Disposal, of Corpus Christi, Texas for dumpster collection services for a total amount not to exceed $269,293.14. Attachments: Agenda Memo- Dumpster Collection Services RFB 1594 Resolution -Dumpster Collection Services - RFB 1594 Bid Tabulation- Dumpster Collection Services RFB 1594 Service Agreement 1594- Dumpster Collection Services 10. 18-0645 Service Agreement for Legislative Management Software (Granicus) Motion approving a three year Service Agreement for Legislative Management Software (Granicus) with Carahsoft Technology Corporation of Reston, Virginia for a total not to exceed amount of$222,682.62, procured in accordance with the Texas Department of Information Resources contract. Attachments: Agenda Memo- Legislative Management Software (002) Service Agreement 1098-Agenda Management Software Signed 05-11-2018 11. 18-0724 Second Reading Ordinance - Rezoning for a Property located at or near 4001 Leopard Street (1 st Reading 6/19/18) Case No. 0418-02 Corpus Christi's Limousine's Unlimited, Inc.: Planning Commission and Staff Recommendation (May 2, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof approval of: Ordinance rezoning property at or near 4001 Leopard Street from "CG-2" General Commercial district to "CG-2/SP" General Commercial District with a Special Permit Attachments: Agenda Memo 0418-02 Corpus Christi Limousines Unlimited, Inc. Ordinance Special Permit 0418-02 Corpus Christi Limousines Unlimited, Inc. w Ordinance 0418-02 Corpus Christi Limousines Unlimited, Inc. with Exhibits CC Report 0418-02 Corpus Christi Limousines Unlimited, Inc. Presentation 0418-02 Corpus Christi Limousines Unlimited, Inc. City of Corpus Christi Page 5 Printed on 6/26/2018 City Council Meeting Agenda-Final June 26,2018 12. 18-0682 Second Reading Ordinance -Accepting and Appropriating a Regional grant to support the Web Based Emergency Operations Center(WebEOC) (1st Reading 6/19/18) Ordinance authorizing acceptance of grant from Coastal Bend Regional Advisory Council (CBRAC) in amount of$15,000 for City's WebEOC operations; and appropriating $15,000 from CBRAC into No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for City's WebEOC. Attachments: Agenda Memo-CBRAC grant Ordinance -CBRAC grant 13. 18-0638 Second Reading Ordinance -Accepting and appropriating State grant for Immunization/Locals Grant Program for the contract period September 1, 2018 through August 31, 2019 (1st Reading 6/19/18) Ordinance accepting grant from the Texas Department of State Health Services for the Immunization/Locals Grant Program in the amount of $241,637.00 and appropriating $70,000.00 in estimated program income. Attachments: Agenda Memo-Immunizations Grant 9-1-2018 to 9-1-2019(d.)6-11-2018 Ordinance - IMM Grant (9-1-2018 to 9-1-2019)C@6-11-2018 IMM Grant No. HHS00011400001 (9-1-2018 to 9-1-2019)-Approved by City Leg 14. 18-0689 Second Reading Ordinance -Accepting and appropriating State grant amendment for Tuberculosis Prevention and Control services for the contract period of September 1, 2018 through August 31, 2019 (1st Reading 6/19/18) Ordinance authorizing an amendment to the Tuberculosis Prevention and Control-State (TB/PC-STATE) grant contract in the amount of$61,645.00 with a City match of$12,329.00 to provide tuberculosis prevention and control services. Attachments: Agenda Memo-TB State Grant(9-1-2018 to 9-1-2019)(cY)6-8-2018 Ordinance-TB State Grant Contract No. 537-18-0032-0001 Amend. 1 (9-1-2018 TB State Contract No. 537-18-0032-0001 [Amend. No. 1149-1-2018 to 9-1-2019 15. 18-0542 Second Reading Ordinance -Appropriating funds and authorizing execution of Advance Funding Agreement for Region-wide Bike Boulevard Wayfinding Initiative (1st Reading 6/19/18) Ordinance appropriating into Street CIP Fund and changing the Capital Improvement Program Budget by $418,000 and authorization to execute an Advance Funding Agreement with the Texas Department of City of Corpus Christi Page 6 Printed on 6/26/2018 City Council Meeting Agenda-Final June 26,2018 Transportation for the Region-wide Bike Boulevard Wayfinding Initiative with the City's contribution of$64,500. Attachments: Executive Summary -AFA Reqion-Wide Bike Boulevard (18-0542) Item Detail -AFA Region-wide Bike Boulevard (18-0542) Ordinance - Region Wide Bike Boulevard Wayfinding.docx Presentation - Region Wide Bike Boulevard Wayfinding Advance Funding Agreement- Region Wide Bike Boulevard Wayfinding.pdf Location Map- Region Wide Bike Boulevard Wayfinding.pdf L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEM 16) 16. 18-0697 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 9630 Compton Road. Case No. 0518-01 Suncrest Construction, Inc: Ordinance rezoning property at or near 9630 Compton Road from "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District. Planning Commission and Staff Recommendation (May 16, 2018): Approval of the change of zoning from the "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District. Attachments: Agenda Memo 0518-01 Suncrest Construction, Inc Ordinance 0518-01 Suncrest Construction, Inc with Exhibit CC Report 0518-01 Suncrest Construction, Inc with Exhibits Presentation 0518-01 Suncrest Construction, Inc. N. REGULAR AGENDA: (ITEMS 17 - 18) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 17. 18-0685 Resolution designating Mother Teresa Shelter in Corpus Christi as the subrecipient of Homeless Housing and Services Program funds for 2019 and 2020 Resolution designating Mother Teresa Shelter in Corpus Christi as the subrecipient of Homeless Housing and Services Program (HHSP) funds from the Texas Department of Housing and Community Affairs (TDHCA) for 2019 and 2020. Attachments: Agenda Memo- Mother Teresa Resolution City of Corpus Christi Page 7 Printed on 6/26/2018 City Council Meeting Agenda-Final June 26,2018 Resolution designating Mother Teresa for Homeless funding 6-12-18 18. 18-0088 Professional Services Contract Amendment No. 1 for Old Broadway Wastewater Treatment Plant Decommissioning (Capital Improvement Program) Motion authorizing Amendment No. 1 to the professional services contract with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of $290,447 for a total restated fee of$881,334 for the Old Broadway Wastewater Treatment Plant Decommissioning. (Capital Improvement Program - CIP) Attachments: Executive Summary -Old Broadway WW-FP Decommissioning Item Detail -Old Broadway WWTP Decommissioning Prosect Budget-Old Broadway WW-FP Deco mission ing.xlsx Location Map-Old Broadway WW-FP Decommissioning.pdf Contract-Old Broadway WW-FP Decommissioning Presentation O. FIRST READING ORDINANCES: (ITEMS 19 -22) 19. 18-0572 First Reading Ordinance - Rezoning property at or near 6502 and 6630 Agnes Street (Public Hearing held 6/12/18) (Tabled to 6/26/18) 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. Planning Commission Recommendation (April 18, 2018): Approval of the change of zoning from from "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions. Applicants Amended Request: 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. Staff Recommendation with amendments: 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. Attachments: Agenda Memo 0318-02 Hooten Family Trust A Ordinance Applicant's Amendments-0318-02 Hooten Family Trust A City of Corpus Christi Paye 8 Printed on 6/26/2018 City Council Meeting Agenda-Final June 26,2018 Ordinance Staff Recommendation Hooten Family Trust A 0318-02 Ordinance Original PC Approved 0318-02 Hooten Family Trust A Applicant's Letters for Amendments to the Conditions 0318-02 Hooten Family CC Report 0318-02 Hooten Family Trust A with Exhibits PowerPoint 0318-02 Hooten Family Truat A 20. 18-0719 First Reading Ordinance -Accepting and appropriating State grant funds for the contract period of October 1, 2018 through September 30, 2019 Ordinance accepting an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities grant in the amount of $50,000, increasing the total amount to $200,000, from the Texas Department of State Health Services to continue implementing systems and strategies addressing Texas Healthy Communities priority indicators; and appropriating the increased grant amount. Attachments: Agenda Memo-TX Health Communities Grant 10-1-2018 to 10-1-2019(0)6-14-2C Ordinance - HPCDP-TXHC Grant (10-1-2018 to 10-1-2019)((�,)6-14-2018 Contract Amendment-TX Healthy Communities Grant Contract No. 2016-0030 21. 18-0716 First Reading Ordinance - Farm and Grazing Land Leases at Corpus Christi International Airport Ordinance authorizing two, five-year Farm Leases with Matt Danysh Farms, Inc and S & S Farms Partnership, and one five-year Grazing Lease with S & S Farms Partnership with a three year option for all leases for land located at Corpus Christi International Airport with projected annual revenue of$133,806.45. Attachments: Agenda Memo-Farm or Grazing Land Lease Ordinance - Farm or Grazing Land Lease.docx Evaluation Matrix Price Matrix- Farm or Grazing Land Lease Farm Lease Agreement- Matt Danysh Farms Farm Lease Agreement-S&S Farms Partnership Grazing Lease Agreement-S &S Farms Partnership 22. 18-0453 First Reading Ordinance -Appropriating funds for a Three-Year Service Agreement for the Purchase and Installation of a Public-Address System for Corpus Christi International Airport Ordinance appropriating $216,672 from the Unreserved Fund Balance in the Airport Fund; amending the operating budget; and approving a three-year service agreement for the purchase and installation of a public-address system from Ford Audio-Video System LLC of Austin, City of Corpus Christi Paye 9 Printed on 6/26/2018 City Council Meeting Agenda-Final June 26,2018 Texas, via BuyBoard Cooperative, for an amount not to exceed $216,672. Attachments: Agenda Memo-Public Address System at CCIA Rev 6.11.18 Pricing Sheet- Public Address System at CCIA Ordinance - Public Address System at CCIA Service Agreement- Public Address System CC.pdf P. FUTURE AGENDA ITEMS: (ITEMS 23 - 25) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 23. 18-0747 Resolution authorizing submission of grant application for Automobile Burglary Theft Prevention Authority Resolution authorizing submission of grant application for $410,973 to Automobile Burglary Theft Prevention Authority to continue motor vehicle theft enforcement grant with City cash match of$673,711, in-kind match of $61,105, and program income match of$1,831 for a total project cost of $1,147,620. Attachments: Agenda Memo-ATPA grant application 06.26.2018 Resolution -ABTPA Grant 2018 24. 18-0524 Resolution for the purchase of nine Crispin butterfly valves for O.N. Stevens Water Treatment Plant- Sole Source Resolution authorizing the purchase of nine Crispin valves from Municipal Valve and Equipment Company from Addison, Texas for a total amount not to exceed $145,854.00. Attachments: Agenda Memo-Crispin Valves Resolution Sole Source-Crispin Valves Price Sheet-Crispin Valves 25. 18-0749 Two Construction Contracts for Community Development and Improvements - Bill Witt Park (Bond 2012, Proposition 4) Motion authorizing a construction contract with ABBA Construction LLC of Laredo, Texas in the amount of$282,999.75 for Base Bid A and a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of$572,533.22 for Base Bid B for Community Park Development and Improvements - Bill Witt Park project. (Bond 2012, Proposition 4). Attachments: Agenda Memo- Bill Witt Park Project Budget- Bill Witt Park Location Map Bill Witt Park Presentation Bill Witt Park Letter of Recommendation of Award of Contract- Re-Bid City of Corpus Christi Page 10 Printed on 6/26/2018 City Council Meeting Agenda-Final June 26,2018 Q. BRIEFINGS: (ITEMS 26 -28) 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. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation)may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. 26. 18-0670 Harbor Bridge Replacement Project Update Attachments: Executive Summary- HBRP Quarterly Report 2nd Qtr 2018.docx 27. 18-0672 Parks Master Plan Update Attachments: Agenda memo- Master Plan Update Presentation- Master Plan 28. 18-0773 Discussion regarding illegal dumping of tires. R. EXECUTIVE SESSION: (ITEM 29) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 29. 18-0753 Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning the City's franchise agreement with AEP Texas Central Company and/or Nueces Electric Cooperative, fees payable pursuant to said franchise, and the AEP application for changes to its Energy Efficiency Cost Recovery Factor at the Texas Public Utility Commission. 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 11 Printed on 6/26/2018 City Council Meeting Agenda-Final June 26,2018 City of Corpus Christi Page 12 Printed on 6/26/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 i I cctexas.com �xa Meeting Minutes City Council Tuesday,June 19,2018 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 11:33 a.m. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle. Pastor Jerry Ward gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Rudy Bentancourt, Director of Housing/Community Development. Director of Housing and Community Development Rudy Bentancourt 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 6/21/2018 City Council Meeting Minutes June 19,2018 Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Everett Roy,Council Member Lucy Rubio, and Council Member Greg Smith E. Proclamations /Commendations 1. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb conducted the swearing-in ceremony. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: C. OTHER 1) The Federal Aviation Administration has approved the Elevated Water Storage Tank in the Flour Bluff area and it should be on-line by 2021.2)The Parks and Recreation Department is sponsoring the Summer Bay Jammin' Concert Series and Cinema Series every Thursday and Friday now through August 17, 2018. A council member thanked staff for their participation at the 2018 Storm Expo. a. CITY PERFORMANCE REPORT - FIRE DEPARTMENT Interim City Manager Selman introduced Fire Chief Robert Rocha who provided a briefing on the mission statement, operational profile, baseline information and performance indicators of the Fire Department. Council members and staff discussed the following topics:the number of medical calls for service;the number of structure fire calls;the number of other calls responded to by the Fire Department; and public outreach and communication to the public. b. STRATEGIC FUTURE ISSUES None. G. MINUTES: 2. Regular Meeting of June 12, 2018. Mayor McComb referred to approval of the minutes. Council Member Hunter made a motion to approve the minutes,seconded by Council Member Rubio and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: City of Corpus Christi Page 2 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 K. CONSENT AGENDA: (ITEMS 4 - 22) Approval of the Consent Agenda Mayor McComb deviated from the agenda and referred to the Consent Agenda. A citizen requested that Item 7 be pulled for individual consideration. There were no comments from the Council. A motion was made by Council Member Lindsey-Opel,seconded by Council Member Rubio,to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 4. 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. This Motion was passed on the consent agenda. Enactment No: M2018-096 5. 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. This Resolution was passed on the consent agenda. Enactment No: 031449 6. Two, three-year service agreements for mowing street right-of-ways for Flour Bluff Groups FB1 and FB3 Motion authorizing two, three-year service agreements with CML Services, LLC of Corpus Christi, Texas, for mowing and grounds City of Corpus Christi Page 3 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 maintenance services for street right-of-ways for Flour Bluff groups FB1 and FB3 for a total amount not to exceed of$135,684. This Motion was passed on the consent agenda. Enactment No: M2018-097 8. 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. This Motion was passed on the consent agenda. Enactment No: M2018-099 9. 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. This Motion was passed on the consent agenda. Enactment No: M2018-100 10. 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. This Resolution was passed on the consent agenda. Enactment No: 031450 11. 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. This Motion was passed on the consent agenda. Enactment No: M2018-101 12. Resolution to execute construction contract for the JC Elliott Landfill Site Improvements project City of Corpus Christi Page 4 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 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. This Resolution was passed on the consent agenda. Enactment No: 031451 13. 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. This Motion was passed on the consent agenda. Enactment No: M2018-102 14. 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. This Resolution was passed on the consent agenda. Enactment No: 031452 15. Second Reading Ordinance - Lease Agreement for Helicopter Air Tours at The Water's Edge (1st Reading 1/12/18) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031453 16. Second Reading Ordinance - Rezoning property located at or near 6665 Lipes Boulevard. (3/4 Vote Required) (Reconsideration Item from 5/8/18) (1st Reading 6/12/18) Case No. 0218-01 Dorsal Development, LLC.: Ordinance rezoning property at or near 6665 Lipes Boulevard from "FR" Farm Rural District City of Corpus Christi Page 5 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 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". This Ordinance was passed on second reading on the consent agenda. Enactment No: 031454 17. Second Reading Ordinance - Establishing a Flood Hazard Mitigation Information Committee (1st Reading 6/12/18) Ordinance amending the Corpus Christi Code to establish Flood Hazard Mitigation Information Committee. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031455 18. Second Reading Ordinance -Amending City Code to adopt TCEQ standards for inspection and testing of backflow preventer assemblies for residential irrigation systems (1st Reading 6/12/18) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031456 19. Second Reading Ordinance - Closing of two utility easements located at 14229 Northwest Boulevard (1st Reading 6/12/18) 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). This Ordinance was passed on second reading on the consent agenda. Enactment No: 031457 20. Second Reading Ordinance - Five-Year Lease for Lichtenstein House (1st Reading 6/12/18) City of Corpus Christi Page 6 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031458 21. Second Reading Ordinance - Lease Agreement Extension for Lake Corpus Christi Campground (1st Reading 6/12/18) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031459 22. Second Reading Ordinance -Appropriating funds and authorizing a six-month service agreement for document imaging of vital records (1st Reading 6/12/18) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031460 7. 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. Mayor McComb referred to Item 7. Rick Milby,4412 High Ridge Drive, asked if this item was related to the free lunch program offered this summer by Parks and Recreation. Director of Parks and Recreation Jay Ellington stated that the contract is for the Senior Community Services Program. Council Member Rubio made a motion to approve the motion, seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the following vote: City of Corpus Christi Paye 7 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-098 H. BOARD &COMMITTEE APPOINTMENTS: 3. Airport Board Corpus Christi Convention and Visitors Bureau Corpus Christi Regional Transportation Authority Human Relations Commission Mayor McComb referred to board and committee appointments. The following appointments were made: Airport Board Council Member Lindsey-Opel made a motion to reappoint Donald M. Feferman as an Ex-Officio, No-Voting member to a one-year term, seconded by Council Member Hunter and passed unanimously. Corpus Christi Convention and Visitors Bureau Council Member Rubio nominated Christina A. Cisneros (Community At-Large). Council Member Lindsey-Opel nominated Michelle M. Maresh-Fuehrer (Community At-Large). Council Member Michael Hunter nominated Edwin A. McCampbell, III (Community At-Large). Christina A. Cisneros (Community At-Large)was appointed with Mayor McComb and Council Members Molina, Rubio, Guajardo, Smith, Garza, and Roy voting for Christina A. Cisneros; Council Member Lindsey-Opel voting for Michelle M. Maresh-Fuehrer; and Council Member Hunter voting for Edwin A. McCampbell, III. Corpus Christi Regional Transportation Authority Board City Secretary Rebecca L. Huerta announced that Council Member Hunter abstained from appointments to the Corpus Christi Regional Transportation Authority Board. Council Member Rubio made a motion to reappoint George B. Clower, Patricia B. Dominguez, Philip C. Skrobarczyk, Larry D.Young, Sr., and Anne Bauman (Transportation Disadvantaged),seconded by Council Member Lindsey-Opel. The motion failed with the following vote: Council Members Lindsey-Opel and Rubio voting"Aye"; Mayor McComb and Council Members Molina, Roy, Smith, Garza, and Guajardo voting"No"; Council Member Hunter abstained. Council Member Smith made a motion to reappoint George B. Clower, Patricia City of Corpus Christi Paye 8 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 B. Dominguez, Philip C. Skrobarczyk, and Anne Bauman (Transportation Disadvantaged), seconded by Council Member Guajardo and passed unanimously; Council Member Hunter abstained. Council Member Guajardo nominated Matthew Woolbright. Council Member Roy nominated Lamont C. Taylor. Matthew Woolbright was appointed with Mayor McComb and Council Members Garza, Smith, Guajardo, and Rubio voting for Matthew Woolbright and Council Members Roy, Lindsey-Opel and Molina voting for Lamont C. Taylor; Council Member Hunter abstained. Human Relations Commission Mayor McComb made a motion to reappoint April Bassett(Regular Member) and Nora Mireles (Rental of Dwellings); appoint Richard Bailey(Regular Member), Rachel Benavides (Regular Member)and June Martinez(Regular Member); and appoint Laura Commons (Selling of Dwellings) as Chair for a one year term,seconded by Council Member Lindsey-Opel and passed unanimously. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb referred to comments from the public.Jack Gordy,4118 Bray, spoke regarding illegal signs throughout the City. Lamont Taylor, 701 Stillman and Barbara Major thanked the City Council and the Port of Corpus Christi for responding to the concerns raised during public comment at the June 12,2018 Council meeting regarding the issues in the Hillcrest community. Sherry Sells, 5014 Wingfoot,spoke regarding the City's enforcement of code violations. Andrea Montalvo-Hamid, 7030 Wakeforest, thanked the City Council for listening to the public's opposition to the closure of Broadmoor Senior Center and spoke in support of continuing to invest in parks and submission of a letter by the City of Corpus Christi requesting that the entities in the City's industrial districts pay their share of taxes. Sylvia Campos,4410 Fir,thanked the City Council for listening to the public regarding opposition to cuts to libraries, the closure of the Broadmoor Senior Center and spoke regarding: opposition to any cuts to the Parks and Recreation budget; in support of the City submitting a letter to the entities in the City's industrial districts requesting that they pay their fair share of taxes; and the delinquent utility accounts. Rick Milby,4412 High Ridge Drive, asked the City Council to research the free summer lunch program being sponsored by the Parks and Recreation Department which provides free lunch for youth ages 1 through 18 at 21 sites throughout the City. City of Corpus Christi Page 9 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 Emily Munoz, 315 Rosebud, expressed concern regarding the condition of public parks. Melissa Zamora, 3917 Brawner Parkway,spoke in support of the City submitting a letter to the entities in the City's industrial districts requesting that they pay their fair share of taxes and the City investing in parks. Q. BRIEFINGS: (ITEM 42) 42. Hillcrest Washington-Coles Voluntary Acquisition and Relocation Program Update from Sean Strawbridge, Chief Executive Officer for the Port of Corpus Christi (*This item will be presented at approximately 12:30 pm) Mayor McComb deviated from the agenda and referred to Item 42. Sean Strawbridge, Chief Executive Officer of the Port of Corpus Christi, stated that the purpose of this item is to provide an update on the Hillcrest Washington-Coles Voluntary Acquisition and Relocation Program. Mr. Strawbridge presented the following information: an overview of the program; the project timeline; the program's funding sources and uses;the program participants;the Port Authority's responsibilities; the four key program precepts; program administration; the program field office location; a map of the program eligible neighborhood area;the potential eligible participants and parcels;the acquisition and relocation progress; maps reflecting the acquisitions, relocation assistance, and demolition; and the corrective actions taken by the Port of Corpus Christi to address the concerns made by the community regarding:the cutting down of trees; demolition;the increase in loose animals; and vandalism. Council members and Mr. Strawbridge discussed the following topics: the Port of Corpus Christi's (Port)long-term plans for the properties acquired;the timeline for the program; the Port's actions to increase safety since the inception of the program; the corrective actions taken by the Port to address the community's concerns; the settlement agreement reached between the Texas Department of Transportation (TXDOT)and the Federal Highway Administration that saved the funding for the new Harbor Bridge;the City relying on the economic activity and sales tax generated by the industrial districts;the potential impact to the Metropolitan Planning Organization for agreeing to a TXDOT reimbursement process for expenditures over the Port's $20 million commitment; if the program area is in the City of Corpus Christi;the Port of Corpus Christi is not a taxable entity;the funding committed by the Port for the relocation program; Port Industries providing police and fire protection in the industrial district; and demolition procedures. Charlie Zahn, Chairman of the Port of Corpus Christi Authority,spoke regarding the relationship between the Port of Corpus Christi and the City of Corpus Christi. City of Corpus Christi Page 10 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb deviated from the agenda and returned to comments from the public. Julie Rogers, 710 Furman, read a letter by Dr. Isabel Ariaza regarding the proposed budget cuts to the Libraries and Parks and Recreation Departments and in support of the City of Corpus Christi requesting that the entities in the City's industrial districts pay their fair share of taxes. M. PUBLIC HEARINGS: (ITEMS 23 - 24) 23. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 4821 Ayers Street Case No. 0418-01 4821 Avers, LLC. & Tawil Enterprises, LLC: Ordinance rezoning property at or near 4821 Ayers Street from "IL" Light Industrial District to the "CG-2" General Commercial District. Planning Commission and Staff Recommendation (May 2, 2018): Approval of the change of zoning from the "IL" to "CG-2". Mayor McComb referred to Item 23, rezoning property at or near 4821 Ayers Street. Director of Development Services Nina Nixon-Mendez stated that the applicant has withdrawn their request. 24. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 4001 Leopard Street Case No. 0418-02 Corpus Christi's Limousine's Unlimited, Inc.: Ordinance rezoning property at or near 4001 Leopard Street from "CG-2" General Commercial District to the "IL" Light Industrial District.(3/4 vote required) Planning Commission and Staff Recommendation (May 2, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof approval of: Ordinance rezoning property at or near 4001 Leopard Street from "CG-2" City of Corpus Christi Page 11 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 General Commercial district to "CG-2/SP" General Commercial District with a Special Permit Mayor McComb referred to Item 24. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for the installation and operation of a crematorium in addition to the existing funeral home. Ms. Nixon-Mendez stated that the Planning Commission and staff recommended denial of the change of zoning to the"IL" Light Industrial District, and in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit. Mayor McComb opened the public hearing. Miguel Saldana,4553 Moonlake Ridge Drive, representative for the applicant, requested that the City Council support the Planning Commission and staff's recommendation. Mayor McComb closed the public hearing. A council member spoke in support of Planning Commission's and staff's recommendation based on the following:the"IL" Light Industrial District not being compatible with the neighborhood and the subject property having a sufficient buffer from the neighborhood. Council Member Garza made a motion to approve Planning Commission's and staff's recommendation,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 N. REGULAR AGENDA: (ITEMS 25 - 26) 25. Second Reading Ordinance - Lease Agreement with the U.S. Coast Guard for a parking lot and storage area at the Corpus Christi International Airport (1st Reading 6/12/18) 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. Mayor McComb referred to Item 25, a lease agreement with the U.S. Coast Guard for a parking lot and storage area at the Corpus Christi International Airport. Director of Aviation Fred Segundo stated that the lease agreement required an amendment to Section 7 to read June 30,2023 instead of June 30, 2028. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to amend section 7 of the 1.61-acre land lease with the U.S. Coast Guard to read June 30,2023, seconded by Council Member Hunter and passed unanimously. City of Corpus Christi Page 12 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 Council Member Lindsey-Opel made a motion to approve the ordinance as amended,seconded by Council Member Hunter. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031461 26. 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). Mayor McComb referred to Item 26. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to execute Amendment No. 1 to a professional services contract with Hazen and Sawyer for design of the Greenwood Wastewater Treatment Plant Dissolved Air Flotation Unit Rehabilitation and Odor Control Project. There were no comments from the public. Council members and staff discussed the following topics: how long the process will take to eliminate odor coming from the plant;the five projects identified to improve operations at the plant and keep the plant in compliance; the status of the berm;the selection process for administrative contracts; the conversion from anaerobic to aerobic treatment process; and the status regarding the clearing of La Voila Creek. Council Member Rubio made a motion to approve the motion, seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-103 R. EXECUTIVE SESSION: (ITEM 43) Mayor McComb deviated from the agenda and referred to Executive Session Item 43. The Council went into executive session at 1:32 p.m. The Council returned from executive session at 2:19 p.m. City of Corpus Christi Page 13 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 43. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning claims, pending litigation, potential settlement, attorney's fees, and/or other potential legal matters regarding lawsuit of Ray Rosas, Virginia Rosas, Individually and on Behalf of Brenda Rosas, Isabel Rocha Andjose Maria Pena, vs. The City of Corpus Christi, Andy Trevino, Justin Sanders, Adam Villarreal, Ross Murray, Heriberto Martinez, Michael Landino, Roger Arevalo, Yezenia Banuelos and John Villarreal and other lawsuits against the City and the City's officers and employees. Mayor McComb referred to Item 43 and the following motion was considered: Motion to authorize the City Manager or designee to amend the contract with the Law Office of McKibben, Martinez,Jarvis &Wood, LLP to defend City police officers in the lawsuit of Ray Rosas, Virginia Rosas, individually and on behalf of Brenda Rosas, Isabel Rocha, and Jose Maria Pena vs. City of Corpus Christi, Andy Trevino,Justin Sanders,Adam Villarreal, Ross Murray, Heriberto Martinez, Roger Arevalo, Michael Landino,Yezenia Banuelos and John Villarreal to provide an additional $295,255 of funding for said defense. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Rubio Abstained: 0 Enactment No: M2018-104 L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 43. O. FIRST READING ORDINANCES: (ITEMS 27 -30) 27. First Reading Ordinance -Accepting and Appropriating a Regional grant to support the Web Based Emergency Operations Center (WebEOC) Ordinance authorizing acceptance of grant from Coastal Bend Regional Advisory Council (CBRAC) in amount of$15,000 for City's WebEOC operations; and appropriating $15,000 from CBRAC into No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for City's WebEOC. City of Corpus Christi Page 14 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 Mayor McComb referred to Item 27. Fire Chief Robert Rocha stated that the purpose of this item is to accept and appropriate a grant from the Coastal Bend Regional Advisory Council in the amount of$15,000 to support the Web-Based Emergency Operations Center. There were no comments from the Council or the public. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Rubio Abstained: 0 28. First Reading Ordinance -Accepting and appropriating State grant for Immunization/Locals Grant Program for the contract period September 1, 2018 through August 31, 2019 Ordinance accepting grant from the Texas Department of State Health Services for the Immunization/Locals Grant Program in the amount of $241,637.00 and appropriating $70,000.00 in estimated program income. Mayor McComb referred to Item 28.Assistant Director of Public Health Bill Uhlarik stated that the purpose of this item is to accept and appropriate a grant from the Texas Department of State Health Services for the Immunization/ Local Grant Program for the contract period September 1,2018 through August 31,2019 in the amount of$241,637 with an estimated program income amount of$70,000. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member 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 Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Rubio Abstained: 0 29. First Reading Ordinance -Accepting and appropriating State grant amendment for Tuberculosis Prevention and Control services for the contract period of September 1, 2018 through August 31, 2019 Ordinance authorizing an amendment to the Tuberculosis Prevention and Control-State (TB/PC-STATE) grant contract in the amount of$61,645.00 with a City match of$12,329.00 to provide tuberculosis prevention and City of Corpus Christi Page 15 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 control services. Mayor McComb referred to Item 29.Assistant Director of Public Health Bill Uhlarik stated that the purpose of this item is to accept an amendment to extend the tuberculosis prevention and control services for the contract period of September 1, 2018 through August 31,2019 in the amount of$61,645 with a City match of$12,329. There were no comments from the Council or the public. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 30. First Reading Ordinance -Appropriating funds and authorizing execution of Advance Funding Agreement for Region-wide Bike Boulevard Wayfinding Initiative Ordinance appropriating into Street CIP Fund and changing the Capital Improvement Program Budget by $418,000 and authorization to execute an Advance Funding Agreement with the Texas Department of Transportation for the Region-wide Bike Boulevard Wayfinding Initiative with the City's contribution of$64,500. Mayor McComb referred to Item 30. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT)for the Region-Wide Bike Boulevard Wayfinding Initiative Project. Ms. Gray provided information on the scope of work. There were no comments from the public. Council members and staff discussed the following topics:the project improving innerconnectivity and mobility around the community; improvements to existing bike paths; improving roadway striping on Padre Island to identify bike paths; and the 80°/x/20% match between TXDOT and the City. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 31 - 39) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith City of Corpus Christi Page 16 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 Selman stated that staff did not have planned presentations. Council members requested information on Item 32, 34, and 37. 31. Purchase of Tasers for Police Department Resolution authorizing a five-year supply agreement for the purchase of Tasers from Axon Enterprise, Inc. of Scottsdale, Arizona, for a total amount of$260,000. This Resolution was recommended to the consent agenda. 32. Service Agreement for the Purchase and Installation of MetroCom 911 Dispatch Consoles Motion authorizing the purchase and installation of MetroCom 911 Dispatch Consoles, with a one-year service agreement for $305,346 from Russ Bassett of Whittier, California, via Houston-Galveston Area Council Cooperative. This Motion was recommended to the consent agenda. 33. Resolution authorizing submission of 6 grant applications for State Homeland Security Program and Law Enforcement Terrorism Activity. Resolution authorizing submission of 6 grant applications to the Office of the Governor for State Homeland Security Program and Law Enforcement Terrorism Activity. This Resolution was recommended to the consent agenda. 34. Playground Equipment and Installation at Ben Garza Park, Moody Park and South Bluff Park Motion authorizing an eight-month service agreement for the purchase and installation of playground equipment at Ben Garza Park, Moody Park and South Bluff Park from GameTime by Total Recreation Products, Inc. of Cypress, Texas via U.S. Communities Cooperative for a total amount not to exceed $222,281.91. This Motion was recommended to the consent agenda. 35. Supply Agreement Amendment No. 3 for Liquid Aluminum Sulfate Motion authorizing Amendment No. 3 to Supply Agreement No. 1072 with Chemtrade Chemicals US, LLC of Parsippany, New Jersey, for the purchase Liquid Aluminum Sulfate for the Utilities Department, for a total increased amount not to exceed $63,180 and a restated total not to exceed $3,363,260. City of Corpus Christi Page 17 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 This Motion was recommended to the consent agenda. 36. Amendment No. 1 to a professional services contract for Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements (Capital Improvement Program -CIP) Motion authorizing Amendment No. 1 to a professional services contract with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $229,110 for a total restated fee of$278,596 for Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements for design, bid and construction phase services. (Capital Improvement Program - CIP) This Motion was recommended to the consent agenda. 37. Professional Services Contract Amendment No. 1 for Old Broadway Wastewater Treatment Plant Decommissioning (Capital Improvement Program) Motion authorizing Amendment No. 1 to the professional services contract with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of$290,447 for a total restated fee of$881,334 for the Old Broadway Wastewater Treatment Plant Decommissioning. (Capital Improvement Program - CIP) This Motion was recommended to regular agenda. 38. Resolution for a Three-Year Service Agreement for Dumpster Collection Services Resolution authorizing a three-year service agreement with K2 Waste Solutions, LLC, dba Killian Calderon Disposal, of Corpus Christi, Texas for dumpster collection services for a total amount not to exceed $269,293.14. This Resolution was recommended to the consent agenda. 39. Service Agreement for Legislative Management Software (Granicus) Motion approving a three year Service Agreement for Legislative Management Software (Granicus) with Carahsoft Technology Corporation of Reston, Virginia for a total not to exceed amount of $222,682.62, procured in accordance with the Texas Department of Information Resources contract. This Motion was recommended to the consent agenda. City of Corpus Christi Page 18 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 Q. BRIEFINGS: (ITEM 40 -42) 40. Caravel Replica Nina Ship Ownership Mayor McComb referred to Item 40. Marina Superintendent Gina Sanchez stated that the purpose of this item is to discuss the Caravel Replica Nina Ship ownership. Ms. Sanchez introduced Marina Dock Master Rene Garza, Ron Mrazek and Kim Mrazek with the Columbus Sailing Association (CSA). Ms. Sanchez presented the following information: a current photograph of the Caravel Replica Nina Ship;the history of the Nina; photographs of the submersion damage due to Hurricane Harvey. Ms. Sanchez reported that CSA is no longer able to conduct the regular maintenance required on the Nina, especially in lieu of recent damage. On May 16, 2018, CSA approached the City requesting permission to pursue other opportunities for the Nina. Three separate interested parties have been identified who could assume ownership and restore the Nina. Ms. Sanchez recommended that City Council make a motion directing the Interim City Manager to authorize the Columbus Sailing Association,for a period of five months,to solicit offers of new ownership and possible relocation of the Caravel Replica Nina Ship,subject to final City of Corpus Christi review and acceptance of such offers,with all such offers to be presented to the City Manager no later than December 1, 2018. Council members discussed the following topics: a council member complimented CSA's passion and commitment to preserve the Nina;storm damage impacting the Nina; and the City's ownership of the Nina. MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the Interim City Manager to authorize the Columbus Sailing Association, for a period of five months,to solicit offers of new ownership and possible relocation of the Caravel Replica Nina Ship,subject to final City of Corpus Christi review and acceptance of such offers,with all such offers to be presented to the City Manager no later than December 1,2018,seconded by Council Member Guajardo and passed unanimously. 41. Discussion regarding the makeup and functionality of the Type A and Type B Boards. Mayor McComb referred to Item 41. Council Member Lindsey-Opel stated that she requested that this item be placed on the agenda to discuss the composition and functionality of the Type A and Type B Boards. Council Member Lindsey-Opel recommended increasing the composition of the Type A Board from five to seven members or to separate the Type A and Type B Boards so that each has its own board. Council members discussed the following topics: issues regarding meeting times for Type A and Type B Board meetings;the benefits of combining both boards; Type A's sales tax funding remaining in effect until 2026; amendments required to the Type A Board's Articles of Incorporation and bylaws;the Type B's City Council Liaison; and amending the necessary documents to incorporate the City's current budget year. City of Corpus Christi Page 19 Printed on 6/21/2018 City Council Meeting Minutes June 19,2018 MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the Interim City Manager to bring back the necessary documents to convert the Type A Board from 5 to 7 members,seconded by Council Member Rubio and passed unanimously. R. EXECUTIVE SESSION: (ITEMS 44 -45) Mayor McComb referred to Executive Session Items 44 and 45. The Council went into executive session at 3:07 p.m. The Council returned from executive session at 3:40 p.m. 44. 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. This E-Session Item was discussed in executive session. 45. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights at or in the vicinity of Parker Pool and/or 654 Graham Road in Corpus Christi, Texas, and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. The following items were identified: a discussion item regarding options to reduce illegal dumping, including tires; and a standing agenda item after each Type B Board meeting to allow City Council Liaison Michael Hunter to brief the City Council. Interim City Manager Keith Selman provided responses to council members' questions regarding: the Utilities Department operations; how the recent rain was impacting the watershed; and removal of illegal signs from rights-of-way. T. ADJOURNMENT The meeting was adjourned at 3:47 p.m. City of Corpus Christi Page 20 Printed on 6/21/2018 se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of June 19, 2018 1852 Action Item for the City Council Meeting of June 26, 2018 DATE: June 19, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Interim Assistant City Manager MikeMa(@.cctexas.com (361) 886-2603 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Supply Agreement for the Purchase of Tasers for Police Department CAPTION: Resolution authorizing a five-year supply agreement for the purchase of Tasers from Axon Enterprise, Inc. of Scottsdale, Arizona as a sole source procurement for a total amount of $260,000. PURPOSE: The item is to approve the purchase of Tasers for the Police Department. BACKGROUND AND FINDINGS: The Police Department has used Tasers since the early 2000's. These new Tasers will replace obsolete equipment that is five years or older and out of warranty. Batteries and replacement cartridges are no longer available. This model of taser will link to an officer's body camera. Therefore, when an officer pulls his taser, it will activate his body camera as well as all body cameras within 30 feet of deployment. This is a five-year supply agreement allowing for the purchase of 200 Tasers per year, to include accessories on year one. The cost for years one and two will be $46,000 each year. The remaining three years will be $56,000 each year. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to the City's purchasing policies and procedures and State statues regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Police Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $1 ,082,597.41 $214,000.00 $1 ,296,597.41 Encumbered / Expended Amount $924,378.57 $0.00 $924,378.57 This item $46,000.00 $214,000.00 $260,000.00 BALANCE $112,218.84 $0.00 $112,218.84 Fund(s): General Fund Training, CC Crime Contrl and LawEnforceTrust Comments: $46,000.00 is funded in FY2017-18. The future years will be funded with the Edward Byrne Justice Assistance Grant. RECOMMENDATION: Staff recommends approval of the purchase. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing a five-year supply agreement for the purchase of Tasers from Axon Enterprise, Inc. of Scottsdale, Arizona, for a total amount of$260,000. WHEREAS, Tasers will be purchased by the Corpus Christi Police Department; WHEREAS, the supply agreement will provide replacement Tasers for Police officers; 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; and 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 Tasers for the Corpus Christi Police Department and authorizing a five-year supply agreement with Axon Enterprise, Inc. of Scottsdale, Arizona, for a total amount not to exceed $260,000. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION Replacement Tasers for Police Department BUYER: JOHN ELIZONDO AXON ENTERPRISE, INC. SCOTTSDALE,ARIZONA UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1. Replacement Tasers for Police Department 1 LS $260,000.00 $260,000.00 Total Price $260,000.00 DocuSign Envelope ID: D3EF2016-D1C3-4599-A43A-9672489FEAB1 AXON Axon Enterprise, Inc.'s TASER 60 Terms and Conditions These TASER 60 Terms and Conditions (Agreement)apply to your purchase from Axon Enterprise, Inc. (Axon) under the TASER 60 Plan.TASER 60 provides CEW hardware extended warranty coverage, CEW Products, and CEW accessories.TASER 60 only applies to the TASER CEW Product and accessories listed in the Quote. 1. TASER 60 Term. TASER 60 Term start date is based upon the shipment date of the hardware covered under TASER 60(Start Date).The TASER 60 Term will end 5 years after the Start Date(Term). 2. Payment Terms.Axon invoices for the TASER 60 plan on an annual basis.Agency will be invoiced upon the Start Date and then upon the anniversary of the Start Date for the remainder of the Term. Invoices are due to be paid within 30 days of the date of invoice. Invoices are due to be paid within 30 days of the date of invoice. Payment obligations are non-cancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding. 3. Taxes. Unless the Agency provides a valid and correct tax exemption certificate applicable to the purchase and ship-to location,the Agency is responsible for sales and other taxes associated with the order. 4. Shipping:Title: Risk of Loss: Rejection.Axon reserves the right to make partial shipments and products may ship from multiple locations.All shipments are E.X.W.via common carrier and title and risk of loss pass to the Agency upon delivery to the common carrier by Axon.The Agency is responsible for all freight charges. Any loss or damage that occurs during shipment is the Agencys responsibility. Shipping dates are estimates only. 5. Returns.All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. 6. Hardware Limited Warranty.Axon warrants that its law enforcement hardware products are free from defects in workmanship and materials for a period of ONE(1)YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty through the balance of the 1-year limited warranty term plus the term of the extended warranty measured after the expiration of the 1-year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. Axon-Manufactured Accessories are covered under limited 90-DAY warranty from the date of receipt. Non- Axon manufactured accessories are covered under the manufacturer's warranty. If Axon determines that a valid warranty claim is received within the warranty period,Axon agrees to repair or replace the Product. Axon's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon's option. 7. Warranty Limitations.The warranties do not apply and Axon will not be responsible for any loss,damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused by use with non-Axon products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by Axon; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than Axon authorized personnel or without the written permission of Axon; or(e) if any Axon serial number has been removed or defaced. Tide: Axon Enterprise Int.'s TASER W Terms and Conditions(Online) Deparnaent SalestCostomer Semite Verassion 20 Relee Data 2/19/2016 Pagel of 6 DocuSign Envelope ID: D3EF2016-D1C3-4599-A43A-9672489FEAB1 4'1k� Axon Enterprise, Inc.'s TASER 60 Terms AXON and Conditions To the extent permitted by law,the warranties and remedies set forth above are exclusive and Axon disclaims all other warranties, remedies, and conditions,whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. Axon's cumulative liability to any Party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either Party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused,whether for breach of warranty, breach of contract, negligence, strict liability,tort or under any other legal theory. 8. Warranty Returns. If a valid warranty claim is received by Axon within the warranty period,Axon agrees to repair or replace the Product which Axon determines in its sole discretion to be defective under normal use, as defined in the Product instructions.Axon's sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon's option. For warranty return and repair procedures, including troubleshooting guides, please go to Axon's website www.axon.com/support. A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair,whichever period is longer.Any replacement item becomes Purchaser's property and the replaced item becomes Axon's property. 9. TASER 60 Warranty Coverage.TASER 60 includes extended warranty coverage for TASER CEW hardware specifically identified in the Quote and as described in the Hardware Limited Warranty.TASER 60 warranty coverage starts at the beginning of the Term and continues as long as the Agency continues to pay the required annual fees for TASER 60 during the Term.The Agency may not have both an optional extended warranty and TASER 60 on the TASER CEW product. 10. Spare Product. For orders of more than 30 units,Axon will provide a predetermined number of Spare Product for the TASER CEW hardware listed in the Quote (Spare Products)to keep at the Agency location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. The Agency must return to Axon, through Axon's RMA process, any broken or non-functioning units for which a Spare Product is utilized,and Axon will repair or replace the non-functioning unit with a replacement product.Axon warrants it will repair or replace the unit which fails to function for any reason not excluded by the warranty coverage, during the Term with the same product or a like product, at Axon's sole option. Within 30 days of the end of the Term,the Agency must return to Axon all Spare Products.The Agency will be invoiced for and are obligated to pay to Axon the MSRP then in effect for all Spare Products not returned to Axon. 11. Product WarniM. See our website at www.axon.com for the most current product warnings. 12. Design Changes.Axon reserves the right to make changes in the design of any of Axon's products and services without incurring any obligation to notify the Agency or to make the same change to products and Title. Axon Enterprise.Inc'3 TASER 60 Terms and Conditions(Oallne) Department, SaleslCuuomer Service 4ersimn 20 Rate..Data 2JISM96 Page 2 of 6 DocuSign Envelope ID: D3EF2016-D1C3-4599-A43A-9672489FEAB1 AXON Axon Enterprise, Inc.'s TASER 60 Terms and Conditions services previously purchased.Axon may replace end of life products with the next generation of that product without notifying the Agency. 13. TASER 60 Termination. If an invoice for TASER 60 is more than 30 days past due,then Axon may terminate TASER 60.Axon will provide notification that TASER 60 coverage is terminated. Once TASER 60 coverage is terminated for any reason,then: 13.1 TASER 60 coverage will terminate as of the date of termination and no refunds will be given. 13.2 The Agency will be invoiced and obligated to pay for the remainder of the MSRP for TASER 60 Products received before the termination date. In the case of termination for non-appropriations, Axon will not invoice the Agency if the Agency returns the CEW, battery, holster, and unused cartridges to Axon within 30 days of the date of termination. 13.3 The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 60 plan. 14. Excusable Delays.Axon will use commercially reasonable efforts to deliver all products and services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond Axon's reasonable control Axon has the right to delay or terminate the delivery with reasonable notice. 15. Proprietary Information.The Agency agrees that Axon has and claims various proprietary rights in the hardware,firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute Axon products and services, and that the Agency will not directly or indirectly cause any proprietary rights to be violated. 16. Import and Export Compliance. In connection with this Agreement,each Partywill complywith all applicable import, re- import, export, and re-export control laws and regulations. 17. Assignment.The Agency may not may assign or otherwise transfer this Agreement without the prior written approval of Axon. 18. Severability.This Agreement is contractual and not a mere recital. If any portion of this Agreement is held to be invalid or unenforceable,the remaining portions of this Agreement will remain in full force and effect. 19. Governing Law:Venue.The laws of the state where the Agency is physically located, without reference to conflict of law rules,govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods does not apply to thisAgreement. 20. Entire Agreement.This Agreement and the quote provided by Axon, represents the entire agreement between the Parties.This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties,whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the Parties to this Agreement. IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be duly executed. Each Parry warrants and represents that its respective signatories whose signatures appear below have been and are, on the date of signature, Tide: Asoo Enterprhe.Int.'s TASER A-,Terms and t unddlom(Online) 0penmen SaleslCostomer Semk. Version: 1.0 Release Det. 1/192018 Page 3 of 6 DocuSign Envelope ID: D3EF2016-D1C3-4599-A43A-9672489FEAB1 AXON Axon Enterprise, Inc.'s TASER 60 Terms and Conditions duly authorized to execute this Agreement. Axon E ._gVVC Agency SignatuC�55DAEBB131A4424 a V �Vis(,A Signature: ert Driscoll Name: ... Name: Title: VP, Sales Operations Title: Date:6/20/2018 Date: Approved as to form: Assistant City Attorney For City Attorney TASER Assurance Plan (Purchased with TASER 60 Only) Appendix Title Axon Enterprise,IM's TASER 60 Terms and Conditions(Online( Department SaleslCoatomer Service Version 20 Release Data 2119!2016 Page 4 of 6 DocuSign Envelope ID: D3EF2016-D1C3-4599-A43A-9672489FEAB1 AXON Axon Enterprise, Inc.'s TASER 60 Terms and Conditions If The TASER Assurance Plan or"TAP" has been purchased in addition to the TASER 60 plan, this Appendix will apply to the Agency's purchase. TAP provides Upgrade Models at the end of the TAP Term. TAP only applies to the Axon Product listed in the Quote with the exception of any initial hardware or any software services offered for, by, or through the Evidence.com website.The Agency may not buy more than one TAP for any one covered Product. 1 TAP Term.The TAP Term start date is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1st of the following month. If the shipment of the hardware occurred in the second half of the month, then the Term starts on the 15th of the following month.TAP for CEWs is a 5 year term. 2 TAP Upgrade Models.Any Products replaced within 6 months prior to the scheduled upgrade will be deemed the upgrade. Within 30 days of receiving an upgrade, the Agency must return the original Products to Axon or destroy the Products locally and provide a certificate of destruction to Axon that includes the serial numbers for the destroyed Products. If the Agency does not return the Products to Axon or destroy the Products,Axon will deactivate the serial numbers for the Products received by the Agency. If the Agency makes all TAP CEW payments, 5 years after the start of the TAP Term, Axon will provide the Agency with a new CEW that is the same Product or a like Product, in the same weapon class (CEW Upgrade Model),as well as a battery.The Agency may elect to receive the CEW Upgrade Model anytime in the 5th year of the TAP term as long as the final payment has been made. 3 TAP Termination. If an invoice for TAP is more than 30 days past due or the Agency defaults on its payments for the Evidence.com Services,then Axon may terminate TAP and all outstanding Product related TAPS.Axon will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason, then: 3.1. TAP coverage will terminate as of the date of termination and no refunds will be given. 3.2. Axon will not and has no obligation to provide the free upgrades. 3.3. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 3.4. If the Agency received a credit towards the first TAP payment as part of a trade-in promotion, then upon cancellation/termination the Agency will be assessed a $100 cancellation fee for each covered product. Title: Asoe Enterpd.,Int.'s TASER 60 Tema mrd Conditions(Gfine) DepanmenC Sales/Ce omer Semke Version: 2.0 Release Date: 2179!1016 Page 5 of 6 DocuSign Envelope ID: D3EF2016-D1C3-4599-A43A-9672489FEAB1 Jkli&, Axon Enterprise, Inc.'s TASER 60 Terms AXON . . and Conditions A,A AXON,Axon,TASER,and TASER CAM are trademarks of Axon Enterprise,Inc.,some of which are registered in the US and other countries.For more information visit www.axon.com/legal.All rights reserved.©2018 Axon Enterprise,Inc. Tide: Asan Enterprise,Im.'s TASER 60 Tenni and Conditions(Online) Department SaoslCustomer Somko V-1- 2.0 Zea"Dat.: 7119!1018 Page 6 of 6 DocuSign Envelope ID: D3EF2016-D1C3-4599-A43A-9672489FEAB1 QUOTE QUOTE: Q-125602-43187.608DM A XO - .. - 0 0 : y Quote Expiration: 05/30/2018 Axon Enterprise,Inc. Account Number: Protect Life. 17800 N 85th St. Start Date: 03/28/2018 Scottsdale,Arizona,85255 Payment Terms:Net 30 United states Delivery Method: Fedex-Ground Phone: (800)978-2737 Sales Representative: Primary Contact: Elliott Kelly Donnie Mersing Phone: +1 5127123580 3618264072 Email:ekelly@taser.com donniem@cctexas.com Fax: +1 4809910791 BILL TO: SHIP TO: Corpus Christi Police Dept. -TX Donnie Mersing P.O. BOX 9016 Corpus Christi Police Dept. -TX CORPUS CHRISTI,TX 78469 321 JOHN SARTAIN ST. US CORPUS CHRISTI,TX 78401 US Year 1 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans& Packages 85181 TASER 60 YEAR 1 PAYMENT: X26P BASIC 200 280.00 230.00 46,000.00 Hardware 11003 HANDLE, YELLOW, CLASS III,X26P 200 0.00 0.00 0.00 11501 HOLSTER, BLACKHAWK, RIGHT,X26P 195 0.00 0.00 0.00 11504 HOLSTER, BLACKHAWK, LEFT,X26P 5 0.00 0.00 0.00 22012 TPPM, BATTERY PACK, TACTICAL, PINKY 200 0.00 0.00 0.00 EXTENDER, X2/X26P 34200 Cartridge- 15' 400 0.00 0.00 0.00 Subtotal 46,000.00 Estimated Shipping 0.00 Estimated Tax 0.00 Total 46,000.00 Free Spares Item Description Quantity List Unit Price Net Unit Price Total (USD) Hardware 11003 HANDLE, YELLOW, CLASS III,X26P 2 1,022.00 0.00 0.00 22012 TPPM, BATTERY PACK, TACTICAL, PINKY 2 62.00 0.00 0.00 EXTENDER, X2/X26P Subtotal 0.00 Estimated Tax 0.00 Total 0.00 Q-125602-43187.608 D M 1 DocuSign Envelope ID: D3EF2016-D1C3-4599-A43A-9672489FEAB1 Year 2 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans& Packages 85182 TASER 60 YEAR 2 PAYMENT: X26P BASIC 200 280.00 230.00 46,000.00 Subtotal 46,000.00 Estimated Tax 0.00 Total 46,000.00 Year 3 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans& Packages 85183 TASER 60 YEAR 3 PAYMENT: X26P BASIC 200 280.00 280.00 56,000.00 Subtotal 56,000.00 Estimated Tax 0.00 Total 56,000.00 Year 4 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans& Packages 85184 TASER 60 YEAR 4 PAYMENT: X26P BASIC 200 280.00 280.00 56,000.00 Subtotal 56,000.00 Estimated Tax 0.00 Total 56,000.00 Year 5 Item Description Quantity List Unit Price Net Unit Price Total (USD) Axon Plans& Packages 85185 TASER 60 YEAR 5 PAYMENT: X26P BASIC 200 280.00 280.00 56,000.00 Subtotal 56,000.00 Estimated Tax 0.00 Total 56,000.00 Grand Total 260,000.00 Q-125602-43187.608 D M 2 DocuSign Envelope ID: D3EF2016-D1C3-4599-A43A-9672489FEAB1 AXON Discounts (USD) Quote Expiration: 05/30/2018 List Amount 282,168.00 Discounts 22,168.00 Total 260,000.00 *Total excludes applicable taxes and shipping Summary of Payments Payment Amount (USD) Year 1 46,000.00 Free Spares 0.00 Year 2 46,000.00 Year 3 56,000.00 Year 4 56,000.00 Year 5 56,000.00 Grand Total 260,000.00 Q-125602-43187.608DM 3 se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of June 19, 2018 1852 Action Item for the City Council Meeting of June 26, 2018 DATE: June 19, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Interim Assistant City Manager mikema(a).cctexas.com (361) 886-2603 Kim Baker, Assistant Director of Financial Services kimb2�cctexas.com (361) 826-3169 Purchase and Installation of MetroCom 911 Dispatch Consoles, with a One-Year Service Agreement CAPTION: Motion authorizing the purchase and installation of MetroCom911 Dispatch Consoles, with a one-year service agreement for $305,346 from Russ Bassett of Whittier, California, via Houston-Galveston Area Council Cooperative. PURPOSE: To approve the purchase and installation of MetroCom 911 Dispatch Consoles, with a one- year service agreement. BACKGROUND AND FINDINGS: The current dispatch consoles were purchased in 2009 and have served their useful life. Many of the consoles have broken parts and are no longer repairable. The agreement includes turnkey design, project management, console materials, freight services and installation. The installation will occur in a single phase during regular business hours. Also included, is care detailing and maintenance service for one year after installation. The new product has a limited lifetime warranty. The total project cost is based on the Houston Galveston Area Council Buy Contract EC07-16 for 9-1-1 equipment and services. The project will be paid for over two fiscal years, FY2017-18 and FY2018-19. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Police Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $190,659.23 $125,138.40 $315,797.63 Encumbered / Expended Amount $8,277.00 $0.00 $8,277.00 This item $180,207.60 $125,138.40 $305,346.00 BALANCE $2,174.63 $61,088.00 $2,174.63 Fund(s): General Comments: RECOMMENDATION: Staff recommends approval of the purchase. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION MetroCom 911 Dispatch Consoles BUYER: JOHN ELIZONDO for Police Department HGAG CONTRACT EC07-16 RUSSBASSETT WHITTIER, CALIFORNIA UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE L1. MetroCom 911 Dispatch Consoles for Police Department 1 LS $305,346.00 $305,346.00 Total Price $305,346.00 SC 0 > SERVICE AGREEMENT NO. 1749 U Purchase and Installation of MetroCom 911 Dispatch bO RPOR Af� 1852 Consoles, with a One-Year Service Agreement THIS Purchase and Installation of MetroCom 911 Dispatch Consoles, with a One-Year Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Russ Bassett ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Installation of MetroCom 911 Dispatch Consoles, with a One-Year Service Agreement 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 Installation of MetroCom 911 Dispatch Consoles, with a One-Year Service Agreement ("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 20 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 $305,346.00, 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. The only other permissible charges will be in accordance with Attachment E, 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: Kathleen Porche Department: Police Departments Phone: 361-886-2653 Email: kathleenp@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. 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: Kathleen Porche Title: 911 Program Manager Address: 321 John Sartain St. Corpus Christi, TX 78401 Phone: 361-886-2653 Fax: N/A IF TO CONTRACTOR: Russ Bassett Attn: Matt Gawin Title: Address: 8189 Byron Road Whittier, CA 90606 Phone: 602-380-6322 Fax: N/A 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 ��v��f CONTRACTOR �i Signature: Printed Name: t Title: C U LV Z— 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 Attachment E: Provisions for Additional Delay Charges Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Page 7 of 7 Service Agreement Standard Form ATTACHMENT A: SCOPE OF WORK Proiect Title - MetroCom Console Purchase and Installation Proiect Location - 321 John Sartain St. Corpus Christi, TX 78401 4th F oor-MetroCom Scope of Work The Contractor shall provide/install MetroCom 911 Dispatch Consoles for the City's Police Department. The layout, design manufacture, and installation of the console systems will consist of the following: Dispatch Room- (1 1) Positions • Two (2) Fire Consoles 30" x 66" x 66" 90° Square Back Corner Sit Stands (dimensions do not include the 7" structural technology walls) 18" Fixed Extension with Mobile Box/Box/File Pedestal, non- locking (both positions have the mobile pedestal, but only one has the extension) Shared 30" Fixed Extension with 30" Tech Ped, slide-out shelves Monitor Configuration: (1) 24" Single Stack Monitor, (1 ) 34" Single Stacked Monitor, (2) 24" Stacked Monitors • Six (6) Law Enforcement Consoles • Five (5) 30" x 66" x 66" 90° Square Back Corner and (1 ) 36"D x 84"W Linear Sit Stands • 18" Fixed Extensions with Box/Box/File Pedestal, non-locking • Shared 30" Fixed Extension with 30" Tech Ped, slide-out shelves o The Linear Console has a 24"W Tech Ped with slide-out shelf as well as a 24"W File/File Pedestal and Mobile Box/Box/File Pedestal all non-locking Monitor Configuration: (1 ) 34" Single Stack Monitor, (1 ) 34" Single Stacked Monitor, (1 ) 24" Single Stacked Monitor • Two (2) Info Consoles • 36"D x 84"W Linear Sit Stands • 24"W Tech Ped, non-locking • 18"W File/File Pedestal, non-locking Monitor Configuration: (1 ) 34" Single Stack Monitor, (1) 34" Single Stacked Monitor, (1) 24" Single Stacked Monitor One (1) Supervisor Console • 36"D x 96"W Linear Sit Stand (Fixed return credenzas both sides) • 18"W Box/Box/File and 30"W File/File Drawer Pedestals, Locking • 30"W Tech Ped, Slide-out Shelf, Non-Locking • 12"W Closed Storage Cabinet, Locking • Monitor Configuration: (2) 34" Single Stack Monitors, (4) 24" Single Stacked Monitors Call Taking Room - (10) Positions (io) Call Taker Consoles • Three (3) 36" x 66" x 66" 90° Square Back Corner and seven (7) 36"D x 78"W Linear Sit Stands • Tech Peds (various widths), Slide-out shelves, non-locking • Monitor Configuration: (2) 34" Single Stack Monitors, (1) 24" Single Stacked Monitor All Positions include: • Personal Environments System Accessory (forced air heater beneath the surface, cooling fan above) • Dimmable LED Task light • Blue Ambient Lighting both under the sit-stand and a op the sit-stand slat-wall • Convenience Outlets (one (1 ) 3-prong power outlet and two (2) USB power only ports) • Shared Sanitation Stations (Tissue and Hand Sanitizer Holder) Special Instructions: Please refer to the attached Russ Bassett Project Proposal for a detailed description of required parts, scope of work, design layou and warranty. High-level Timeline/Schedule Project is scheduled to commence after the Notice to Proceed. Once Notice to Proceed has been issued, the project will begin no later than 24 hours later. This is a continuation of a project and is scheduled to commence immediately. Deliverables o Vendor is responsible for supplying the following to complete the aforementioned Scope of Work: 1 . 21 Custom consoles, manufactured and delivered, as outlined in the Scope of Work and Russ Bassett Project Proposal; 2. All tools needed to complete the aforementioned Scope of Work; 3. Any additional materials to complete the aforementioned Scope of Work; a. Including, but not limited to: i. Hardware ii. In-console wiring (not pertaining to City equipment). o The City of Corpus Christi will supply the following: 1 . Specified electrical requirements as outline in Russ Bassett's Console Reference Guide: Electrical and Communications Integration (see attached); 2. Room cleared and ready for Console installation; 3. Core holes drilled in specified areas of the floor to access the pulled network and electrical cables; 4. Access to the building, back lot, and an elevator (preferably freight); and 5. Trash receptacle. i aw - N F: !It I 1. d. f if !3$is 2' iii=,:t. •f O r SOURCE ELECTRICAL INTEGRATION OVERVIEW FACILITY POWER: Source electrical can enter the console furniture in three (3) ways: from the floor, wall, or ceiling. It is most common for the electrical to enter into the console furniture in conduit, through floor cores. Conduits) carrying multiple utility and/or UPS circuits are then mounted inside of the furniture to the structural wall frame. Floor coring and source electrical are not provided by Russ Bassett. You will want to coordinate with your team to determine the appropriate source electrical design. We can help guide you through the process. 41NWUA�ae:+ ia; �!� seee� .nx :ar - - _-_ t from the floor from the wall from the ceiling RUSS BASSETT CONSOLE ELECTRICAL REQUIREMENTS: Russ Bassett consoles do not require any hardwired electrical connections. The console simply needs to be plugged into a standard NEMA 5-15R electrical outlet. We recommend one dedicated 20 amp circuit per console. This dedicated 20 amp circuit is for the console operation only and does not include the power requirements needed for the customers equipment. The console sit- stand operation alone needs one available outlet to plug in to. If optional desktop convenience outlets (maximum of two (2) per console) are ordered they will also require outlets. These non- critical items are normally plugged into non-essential power or "dirty-power". The maximum amperage draw for a console configured with personal environments is 12.15 amps at 120 VAC. This is the maximum draw for all components operating at full capacity. You Sales Executive can help you identify the total amperage draw of your specific console configuration. CUSTOMER POWER ACCOMMODATIONS AND REQUIREMENTS: The Russ Bassett sit-stand console includes integrated power strips that will require UPS outlets to plug in to. Depending on the console size and configuration, the Russ Bassett sit-stand consoles will come with two (2) to five (5), seven (7) outlet power strips for customer supplied technology and peripherals. In addition to the sit-stand power strips, technology storage cabinets also include a power strip that will need to be considered. Your Sales Executive can help you identify exactly how many power strips will be included in your specific console configuration. These integrated power strips will normally plug in to the UPS or generator power as these are mission critical. To determine how many UPS circuits are required for your console, you will need to collect and total the amperage draw for each piece of equipment that will integrated into the console. NEC (National Electric Code) recommends that a circuit should not handle more than 80 percent of the load for which it is rated. By this standard, the total current draw on a 20 amp circuit should not exceed 16 amps. This allows the breaker to handle temporary surges that may occur when electrical components start up. 1 � e COMMUNICATIONS CABLING OVERVIEW Like source electrical, communications cabling can enter the console furniture in three (3) ways: from the floor, wall, or ceiling. It is most common for the communications cabling to enter into the console }g' furniture in a single bundle, through floor cores. Cable 3 bundles are generally terminated in a J-box mounted inside of the structural wall frame. Communications cabling and any associated termination points such J-Boxes are not provided by Russ Bassett. You will from the floor from the wall want to coordinate with your team to determine the appropriate cabling design. We can help guide you through the process. - - - Fla 'Russ Bassett does offer a number of data termination solutions. If this is something that might add value to your project, please discuss with your Russ Bassettrepresentative. from the ceiling data termination Y �Y D . "s _ J OTHER CONSIDERATIONS GROUNDING Each structural wall frame has two grounding bolts available for grounding the furniture to the facility. Frames can be tied together with bonding jumpers, or a continuous cable can be run through the furniture and each frame tied to that cable. Some of our clients will integrate grounding bus bar kits into the furniture to ground radio and other equipment, ample space is available for these. You will want to coordinate with your team to determine any grounding requirements. Russ Bassett does not ground console furniture to the facility ground or (0) Girck . nd Common Bonding Network. grounding EXTENSION CABLES When using sit-stand console furniture, extension cables are necessary h to accommodate the console moving from the seated to standing height _ positions. This includes monitor cables, mouse and key-board cables and any other data cabling that ties desktop equipment with PCs and other equipment located in the lower technology enclosures. Russ Bassett can provide extended video (VGA, DVI, HDMI, etc.) and data (USB, RJ45, RJ11, 3.5mm Audio, etc.) cables upon request. Depending upon your console furniture design, 15' to 25' cables are normally needed. Your I Russ Bassett representative can assist you in determining proper cable monitor cables lengths for your specific console configuration. SUMMARY Planning for a successful technical console furniture installation is an intense process. Source electrical, grounding, communications cabling, video cabling, PCs, radio equipment, phone equipment, etc. all need ter+ to be properly coordinated. This often involves multiple stakeholders including the client. Russ Bassett, IT, facilities, a general contractor and/ � .. or electrical and communications cabling subcontractors, and potentially , phone and radio equipment vendors. This reference guide is meant to be a technical overview of how these components integrate with the console furniture. convenience outlets WE ARE HERE TO ASSIST YOU. FOR ADDITIONAL INFORMATION REGARDING THE ELECTRICALAND COMMUNICATIONS REQUIREMENTS OF THE RUSS BASSETT CONSOLE PLEASE CONTACT US. I N FO@RUSSBASSETT.COM OR 800-350-2445 �Frussbass ett a 4desience a 53,4 K-HENEnE JAR 1 ® LE-1 LE- ® -Fu ussh .1U��IJIJ 8189 BgFmn Rd.Whittier,CA 90606(800)3562445 FIRE SAE: Matt Gawin 2 LE-2 DESIGNER: E-4 TK REVISIONS BY -,. a LE h NF ® ® INF = LE-5 = 1 114 -o u11 COPIER/ PRINTER 11 - - 6 -31/4 —IR: MetroComm 911 w® � DISPATCH CT-10 m ® SUPERVISOR _ d 3281 John Sartain St CT-9 W Corpus Christi,TX PI- cT-1 I- CT-2ConsoleModernization CT-8 6-6 6 CALL TAKING DRAWING# CT-7 CT-3 DC-11424-01 GT-b CT-5 C74 FINAL APPROVAL BY: Sn�oBCRiRnon: PLAN VIEW e NONE 11T111eev SHeLT RUSS BASSETT CORPORATION(HEREBY(EXPRESSLY RESERVES OTS COMMON)LAW COPYMGHT AND OTHER PROPERTY MGHTS IN THESE PLANS.THESE PLANS ARE NOT TO BE CORED,REPRODUCED OR CHANGED ON ANY FORM OR MANNER WHATSOEVER,NOR ARE THEY TO SIE ASSIGNED TO ANDY TMRE,PARTY WITHOUT RBST O[BTARIIING THE EXPRESS WR TTENO PERMWO ON AND CONSENT OF RUSS BASSETT CORPORATION. 5 D 1 1 40 e 1 �r r n Ir I *� a tea• x a w / n '� 1 — — �� `�.__ r � J .. ..� 4 n1 r J .1 L A... V 4 } _ � :� � ` r t f r __� � . .. �� F�� , �;� _ ,� ;} _i _ _ �s:.�ice. _ 'ti r �4 � _ - { _ - __ ���_ __ _�R� . s �� s r AIN /� ,X i x � � f. �. w � � S � `� r�' �- - `� • ��'� :� �; ATTACHMENT B: BID/PRICING SCHEDULE Quotation mrussbassett PROJECT#: DC-11424-01 Option: 5 8189 Byron Road Whittier,CA 90606 REVISION: D Tel:800.350.2445 Fax:562.698.8972 PROJECT NAME: METROCOM www.russbassett.com QUOTE DATE: 4/4/2018 DESIENCE SALES EXECUTIVE: Matt Gawin EXPIRATION DATE: 10/1/2018 ADDRESS: 8189 Byron Rd Whittier,CA 90606 CUSTOMER: METROCOM 911 PHONE: (602)380-6322 CONTACT: Kathleen Porche EMAIL: mgawinC-?russbass ett.com ADDRESS: 321 John Sartain Street Corpus Christi,TX 78401 PROJECT COORDINATOR:Ashley Garcia PHONE: 361-886-2653 PHONE: (562)945-2445 xt 3399 FAX: FAX: (562)698-8972 EMAIL: kathleenpOcctexas.com EMAIL: agarciaCrussbassett.com AREA: 7 Call Takers AREA 7 TOTAL: $ 104,755.75 7 FSS-LS-78 Flex Sit-Stand,Linear,78W,Sin le Lift $ 3,069.00 $ 21,483.00 ....................................E...............................................................................................................�................................................................................................................................................................................................................................................................... 3 FSS CS-66 Flex Sit-Stand,90°Corner,66W,Single Lift $ 3,272.50 $ 9,817.50 ...........................................................................................................................................................................................................................72.............................................17.......... 3 FCF-42-T-SSP Flex Sit-Stand Comer Filler,42H,Tech Storage,Powder $ 495.00 $ 1,485.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................... 13 FSW-07-3642-SSP-EMT Flex Wall,0715,36L x 42H,Sit-Stand Powder Side A,Empty Side B $ 332.75 $ 4,325.75 ......................................................................................................................................................... ..........._..............................................--............................................................................................................................................................................................................... 7 FSW-07-4242-SSP-EMT Flex Wall,07D,42L x 42H,Sit-Stand Powder Side A,Empty Side B $ 343.75 $ 2,406.25 ........................................................................................................................................................ .....................................................................................9.'5'0..., b FSW-07-1842-SWN-EMT Flex Wall,0715, 18L x 42H,Slatwa.l Side A Empty Side B $ 338.25 $ 2,029.50 6 FSW-07-3042-EMT-EMT Flex Wall,0715,301-x 42H,E.mpfy Side A,Empty Side B $ 222.75 $ 1,336.50 ...................................................................... ............................................................................................................................................................................................................................................................., 1 FSW-07-2442-SWN-EMT Flex Wall,0715,24L x 42H,Slatwall Side A,Empty Side B $ 349.25 $ 349.25 ..................................................................... ...................................................................................................................................................................................................................................................................................... 2 FSW-07-1242-SWN-EMT Flex Wall,07D,121 x 42H,Slatwall Side A,Empty Side B $ 327.25 $ 654.50 ....................................................................... ................................................................. ............................................................................................................................................................................................................................................................................... .........�......................................FTC-0778:V:S............................Flex ToP.0°P..:_7D x 78W,Vented:.Square...................................................................................................................................................................159:50...........................�:�_1.6:50... 6 FTC-0718-V-S Flex Top Cap,715 x 18W,Vented,Square $ 104.50 $ 627.00 .................................................FTC-0766:V:S...........................Flex ToP.0°P..:_7D x bbW,Vented,Square...................................................................................................................................................�................148:50......�.........................891.:��... 1 FTC-0724-V-S Flex Top Cap,7D x 24W,Vented,Square $ 110.00 $ 110.00 .................................................................................................................................. .....................- .................................................................................................................................................................................................................................................... 2 FTC-0712-V-S Flex Top Cap,7D x 12W,Vented,Square $ 99.00 $ 198.00 ................................................................................................................................. ................................................................................................................................................................................................................................................................................................., 1 FBP-3642-VPS Flex Back Panel,36W x 42H,Vented,Powder,Square $ 217.25 $ 217.25 ...................................................................................................................... ....................................................................................................................................................................................................................................................................... 1 FBP-4242-VPS Flex Back Panel,42W x 42H,Vented,Powder,Square $ 222.75 $ 222.75 ..................................................................................................................... ........................................................................................................................................................................................................................................................................................., 3 FCC-07L-9042-EPS Flex Corner Connector,7D,90°L-Type,42H,Exterior,Powder,Square $ 253.00 $ 759.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 7 FWS-SLS-3678-B-E Work Surface,Linear Sit-Stand,Inset,Single Lift,36D x 78L,PES,Endure $ 2,340.25 $ 16,381.75 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 3 FWS-SCS-3666-B E Work Surface,90°Comer Sit-Stand,Single Lift,36D x 66L,PES,Endure $ 2,472.25 $ 7,416.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 6 FWS-FRE-3618-E Work Surface,Rectangle,36D x 18L,Endure $ 376.75 $ 2,260.50 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FWS-FRE-3624-E Work Surface,Rectan le,36D x 24L,Endure $ 418.00 $ 418.00 .......................................................................................................................................................................—...................................................................................................................................................................................................................................................................................... 2 FWS-FRE-3612-E Work Surface,Rectangle,36D x 12L,Endure $ 335.50 $ 671.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FEC-ASL-0742-L-S Flex Left End Ca ,Linear,Sin le Lift Sit-Stand,7"Wall,42"H,S uare $ 288.75 $ 577.50 P............................... ............................................................................9...................................................................................................................................................................................... 2 FEC-FH-0742-S Flex End Cap,Fixed Height,7"Wall,42"H,Square $ 220.00 $ 440.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FEC-ASL-0742-R-S Flex Right End Cap,Linear,Single Lift Sit-Stand,7"Wall,42"H,Square $ 288.75 $ 577.50 ....................................................................................................................................................................................................................................................................................................................................................................................................................................0.'0'0..., 10 WAC-PAN-0718 7"PC Pan for 7"Wall, 18"Long $ 44.00 $ 440.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 5 FPT-361828-LD-S-N-S Flex Technology Pedestal,36D x 18W x 28H,Left Swing,Square,No Lock, $ 511.50 $ 2,557.50 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FPT-361228-LD-S-N-S Flex Technology Pedestal,36D x 12W x 28H,Left Swing,Square,No Lock, $ 495.00 $ 990.00 ...................................................................................................................................................................................................................................................................................................................................................................... 1 FPT-242428-LD-S-N-S Flex Technology Pedestal,24D x 24W x 28H,Left Swing,Square,No Lock, $ 495.00 $ 495.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Quotation ovussbassett PROJECT#: DC-11424-01 Option: 5 8189 Byron Road Whittier,CA 90606 REVISION: D Tel:800.350.2445 Fax:562.698.8972 PROJECT NAME: METROCOM www.russbassett.com 1 FPT-361828-RD-S-N-S Flex Technology Pedestal................... ......36D x 18W x 28H,.,....... Right Swingy.Square:No Loci $ 511.50 $ 511.50 .... 30 DAC-MA-OI-SW-S Fully Articulating Monitor Arm-We..... ...................ight Range 5-16 lbs $ 247.50 $ 7,425.00 ....................................................................................................................................................................................................................................................... 5 DAC-SW-SANSTN Slatwall Sanitation Station $ 159.50 $ 797.50 ............................................................................................................................................................................................................................................................................................................................................. ............, 10 DAC-LED-DA-SW Dimmable LED Task Light-Double Arm,Slatwoll Mount $ 253.00 $ 2,530.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................. 10 WAC CO-1 P2U4D Convenience Outlet Plate,1 Power Outlet,2 USB Power,4 Data Ports $ 178.75 $ 1,787.50 ................................................................................................................................................................................................................................................................................................................................................................................................................................................... 10 WAC-CO-BLANK Convenience Outlet Plate,Blank Filler Plate $ 49.50 $ 495.00 ..................................................................................................................................... ......................................................................................................................................................................................................................................................................................... 7 NSP-91973-78 90 Linear Ambient Light Kit,Blue,Slatwoll&Undersurface,78" $ 970.75 $ 6,795.25 ................................................................................................................................ ..............................................................................................................................................................................................................................................................................., 3 NSP-91972-66 90 Corner Ambient Light Kit,Blue,Slatwall&Undersurface,66" $ 1,053.25 $ 3,159.75 AREA:2 Dispatch Area AREA 2 TOTAL: $ 114,798.75 3 Flex Sit-Stand,Linear,84W,..Sin le Lift $ 3,124.00 $ 9,372.00 .................... ................................................................................................................................................................................................................................................................... 7 FSS CS-66 Flex Sit-Stand,90°Corner,66W,Single Lift $ 3,272.50 $ 22,907.50 ................................................................................................................................................................................................................................................................................................................................................ 7 FCF-42-T-SSP Flex Sit-Stand Comer Filler,42H,Tech Stora e,Powder $ 495.00 $ 3,465.00 2 FSW-07-4242-SSP-EMT Flex Wall,07D,42L x 42H,Sit-Stand Powder Side A,Empty Side B $ 343.75 $ 687.50 .............................................................................................................................. ....... ............ ....................... ....... ................................................. .......... .......... ................ ....................................................................................................................................................................................................................................................... ...... ................................................................................................... .................... ..... 1 FSW-07-4242-SWN-EMT Flex Wall,07D,42L x 42H,Slatwoll Side A,Empty Side B $ 382.25 $ 382.25 .............................................................................................................................................................................................................................-id'................................................................................................................................................................................................................9.........., 7 FSW-07-3642-SSP-EMT Flex Wall,07D.36L..42H,Sit-Stand Powder Side A Empty Side B $ 332.75 $ 2,329.25 1 FSW-07-2442-SWN-EMT Flex Wall,07D,24L x 42H,Slotwall Side A,Empty Side B $ 349.25 $ 349.25 ................................................................................................................................................................................................................................................................................................................................................................................................................................................ 11 FSW-07-3042-EMT..EMT Flex Wall.07D.30L..42H. Empty Side A Empty Side B $ 222.75 $ 2,450.25 6 FSW-07-3642-SSP-SSP Flex Wall,07D,36L x 42H,Sit-Stand Powder Side A,Sit-Stand Powder Side $ 431.75 $ 2,590.50 .............................................. ..................................................................................................................................................................................................................................................................................................., 2 FSW-07-3642-SWN-EMT Flex Wall,07D,36L x 42H,Slatwoll Side A,Empty Side B $ 371.25 $ 742.50 .................................................................................................................... ......................................................................................................................................................................................................................................................................................................................... 1 FSW-07-3042-SWN-SWN Flex Wall,07D,30L x 42H,Slatwoll Side A,Slatwoll Side B $ 497.75 $ 497.75 ................................................................................... ......................................................................................................................................................................................................................................................................................................................... �.......................................FSW-07-1842-SWN-EMT Flex Wall,..07D:..18L.x.42H:Slatwoll.Side A.EmptySide.B..................................................................................................................�................338.25...............................338.25... 1 FSW-07-3042-SWN-EMT Flex Wall,07D,30L x 42H,Slotwoll Side A,Empty Side B $ 360.25 $ 360.25 .................................................................................... ............................................................................................................................................................................................................................................................................................................................ 1 FSW-07-4230-EMT-EMT Flex Wall,07D,42L x 30H,Emp..tY.......,............Side A.Em Side B $ 222.75 $ 222.75.. ............................................................................................................. ........P..tY............................................................................................................................................................................................................................. 3 FTC-0784-V-S Flex Top Cap,7D x 84W,Vented,Square $ 165.00 $ 495.00 ............................................................................................................................................................................................................................................................................................................................................................................................................. 2 FTC-0736-V-S Flex Top Cap,7D x 36W,Vented,Square $ 121.00 $ 242.00 10 FTC-0766-V-S Flex Top Cap,7D x 66W,Vented,Square $ 148.50 $ 1,485.00 .................................................................................................................................................................... ........................................................................................................................................................................................................................................................................... 1 FTC-0772-V-S Flex Top Cap,7D x 72W,Vented,Square $ 154.00 $ 154.00 .................................................................................................................................................................... .........................................................................................................................................................................................................................................................................., 2 FTC-0730-V-S Flex Top Cap,7D x 30W,Vented,Square $ 115.50 $ 231.00 .................................................................................................................................................................... .......................................................................................................................................................................................................................................................................... 1 FTC-0718-V-S Flex Top Cap,7D x 18W,Vented,Square $ 104.50 $ 104.50 .........................................................................................................................................................I .........................................................................................................................................................................................................................................................................., 1 FTC-0742-V-S Flex Top Cap,7D x 42W,Vented,Square $ 126.50 $ 126.50 ........................................................................................................................................................ .......................................................................................................................................................................................................................................................................... 1 FBP-4242-VPS Flex Back Panel,42W x 42H,Vented,Powder,Square $ 222.75 $ 222.75 ..................................................................... ............................................................................................................................................................................................................................................................................ 2 FCC-07L-9042-EPS Flex Comer Connector,7D,90°L-T e,42H,Exterior,Powder,S uare $ 253.00 $ 506.00 Y..P..................................................................9................................................................................................................................................................................ 2 FCC-07T-9042-EPS Flex Comer Connector,7D,90°T-Type,42H,Exterior,Powder,Square $ 253.00 $ 506.00 ........................................................... ...............................,..,.................................,.................................,.................................,..,...............................Y............................................................................................................................................................................. ..........�.......................................FCC 07X 9042-MTS.............Flex Comer Connector:.��:..90...X:TY......e...42H:.Err!P..tY..:.S.y2n.....................................................................................................�................165.00...............................1.65:00... 3 FWS-SLS-3684-B-E Work Surface,Linear Sit-Sta nd,Inset,Single Lift,36D x 84L,PES,Endure $ 2,381.50 $ 7,144.50 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 7 FWS-SCS-3066-B E Work Surface,90°Comer Sit-Stand,Single Lift,30D x 66L,PES,Endure $ 2,466.75 $ 17,267.25 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FWS-FRE-2466-E Work Surface,Rectangle,24D x 66L,Endure $ 541.75 $ 541.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 3 FWS-FRE-3030-E Work Surface,Rectangle,30Dx30L,Endure $ 338.25 $ 1,014.75 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 3 FWS-FRE-3018-E Work Surface,Rectangle,30D x 18L,Endure $ 266.75 $ 800.25 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FWS-FRE-2442-E Work Surface,Rectangle,24D x 42L,Endure $ 398.75 $ 797.50 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FWS-FRE-3072-E Work Surface,Rectangle,30D x 72L,Endure $ 588.50 $ 588.50 ..........................................................................................................................15............................................................................................,..................................................................................................................................................................................................................................... 1 FPD-2424-FF-S-N Flex Drawer Pedestal,24D x 24W,File/File,Square,No Lock $ 288.75 $ 288.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FPD-2418-FF-S-N Flex Drawer Pedestal,24D x 18W,File/File,S uare,No Lock $ 277.75 $ 555.50 a................................................................................................................................................................................................................................ Quotation ovussbassett PROJECT#: DC-11424-01 Option: 5 8189 Byron Road Whittier,CA 90606 REVISION: D Tel:800.350.2445 Fax:562.698.8972 PROJECT NAME: METROCOM www.russbassett.com ............................................................................................................................................................................. ...................... ........................................................................................................................................................................................................................... 1 FPD-2418-BBF-S-N Flex Drawer Pedestal,24D x 18W,Box/Box/File,Square,..NoeLock.......................................................................... .$ 302.50 $......,.....,_ 302.50 ..............................I.............................. 4 FPD-3018-BBF-S-N Flex Drawer Pedestal,30D x 18W,Box/Box/File,Square,No Lock $ 319.00 $ 1,276.00 .......................................................... ......................................................................................................................................................................................................................................................................................................................................... ....... 2 FPO-3018 Flex Open Storage Pedestal,30D x 18W $ 225.50 $ 451.00 ............................................................._ ..,.._..............................................................................................................................................................................................................................................................................................................................................................._ _.........._ 2 FPM-2015-BBF-S-N Flex Mobile Pedestal,20D x 15W,Box/Box/File,Square,No Lock $ 316.25 $ 632.50 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 3 FPT-243028-PD-S-N-S Flex Technology Pedestal,24D x 30W x 28H,Pair of Doors,Square,No Loc $ 596.75 $ 1,790.25 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FPT-242428-LD-S-N-S Flex Technology Pedestal,24D x 24W x 28H,Left Swing,Square,No Lock, $ 495.00 $ 990.00 ..............................................................................................................................................._ ................................................................................................................................................................................................................ 1 FPT-242428-RD S-N-S Flex Technology Pedestal,24D x 24W x 28H,Right Swing,Square,No Loco $ 495.00 $ 495.00 ............................................................................................................................................. ..............................................................................................................................................................................................................., 3 FEC-FH-0742-5 Flex End Cap,Fixed Height,7"Wall,42"H,Square $ 220.00 $ 660.00 ................................................................................................................................... ............................................................................................................................................................................................. 2 FEC-ASL-0742-L-S Flex Left End Cap,Linear,Single Lift Sit-Stand,7"Wall,42"H,Square $ 288.75 $ 577.50 ................................................................................................................................ .............................. ............................................................................................................................................................................................................... .......................................FEGASL-0742:R:S.................Flex Ri.ght End Cap,Linear,Single Lift Sit-Stand,...7...Wall;.42 H:.Square..............................................................................�................288.75...............................288:75... 1 FEC.ASC-0742-B-S Flex Back-to-Back End Cap,Corner,Single Lift Sit-Stand,7"Wall,42"H,Sqi $ 316.25 $ 316.25 ............................................................................................................................................................................................ .................................................................................................................................................................................................................................................. 1 FEC-FH-0730-S Flex End Ca ,Fixed Height,7"Wall,30"H,S uare $ 137.50 $ 137.50 ..............................................................................................................................................P........................... ................., 9.................................................................................................................................................................................................................................. 4 FAP-150 Flex Inside Access Panel,Two Supports,15"W $ 82.50 $ 330.00 ............................................................................................................................................................................................................................................................................................................... 3 FAP-210 Flex Inside Access Panel,Two Supports,21"W $ 93.50 $ 280.50 ..............................................................................................................................................................e1,'''3' ...............................................................................................................................................................................................$....................................................................................., 1 FEP-30-R-S Flex Right End Panel,30D,Square $ 20...25 $ 206.25 1 FSL-30-L Flex Left Support Leg,30D $ 178.75 $ 178.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................... 10 WAC-IV-RMK-2 2U Internal Vertical Rack Kit $ 82.50 $ 825.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................. 10 WAC-PAN-0718 7"PC Pan for 7"Wall,18"Long $ 44.00 $ 440.00 ..................................................................................................................................................................................................................................................................................................................................................................................................................................20-.........., 32 DAC-MA-OI-SW-S Fully Articulating Monitor Arm-Weight Range 5-16 lbs $ 247.50 $ 7,920.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................. 10 DAC-LED-DA-SW Dimmable LED Task Light-Double Arm,Slatwall Mount $ 253.00 $ 2,530.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 5 DAC-SW-SANSTN Slatwall Sanitation Station $ 159.50 $ 797.50 ............................................................................15................................................................................................................................................................................................................................................................................................................................................................. 10 WAC CO-1 P2U4D Convenience Outlet Plate,1 Power Outlet,2 USB Power,4 Data Ports $ 178.75 $ 1,787.50 .................................................................................................................................................................................................................................................................................................................................................................................................................................................. 10 WAC CO-BLANK Convenience Outlet Plate,Blank Filler Plate $ 49.50 $ 495.00 ........................................................................................................................................................................................................................................................................ 7 NSP-91972-66 90 Corner Ambient Light KItBIue,Slatwall&Undersurface,66" $ 1,053.25 $ 7,372.75 ..................................................................................................................................................................................... 3 NSP-91973-84 90 Linear Ambient Light Kit,Blue,Slatwall&Undersurface,84" $ 970.75 $ 2,912.25 ............................................._ ... ..........................................................................................................................................................................._ 2 FSW-07-1842-SWN-SSP Flex Wall,07D, 18L x 42H,Slatwall Side A,Sit-Stand Powder Side B $ 437.25 $ 874.50 AREA:3 Supervisor AREA 3 TOTAL: $ 17,341.50 1 FSS-LS-96 Flex Sit-Stand,Linear,96W,Single Lift $ 3,234.00 $ 3,234.00 ...........................................................................................................................Si't..."ta,..............................."id,.............................................................................................................................................................................................................................. 2 FSW-07-4842-SSP-EMT Flex Wall,07D,48L x 42H,Sit-Stand Powder Side A Empty Side B $ 354.75 $ 709.50 2 FSW-07-3642-SSP-EMT Flex Wall,07D,36L x 42H,Sit-Stand Powder Side A,Empty Side B $ 332.75 $ 665.50 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FSW-07-4242-SWN-EMT Flex Wall,07D,42L x 42H,Slatwall Side A,Empty Side B $ 382.25 $ 382.25 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FSW-07-4842-SWN-EMT Flex Wall,07D,48L x 42H,Slatwall Side A Em Side B $ 393.25 $ 393.25 P .......................................................................................................................................................................................................................... 1 FSW-07-3642-SWN-EMT Flex Wall,07D,36L x 42H,Slatwall Side A,Empty Side B $ 371.25 $ 371.25 ...........................................................I..,................, ...................................................................................................................................................................................................................................................................................... .......................................FTC-0796:V:S...........................Flex ToP.0°P..:_7D x 96W,_Ven ted:.S.9uare ...................................................................................................................................................................176.00...............................176:00... 1 FTC-0736-V-S Flex Top Cap,7D x 36W,Vented,Square $ 121.00 $ 121.00 ........................................................................................................................................................ ........................................................................................................................................................................................................................................................................... 1 FTC-0790-V-S Flex Top Cap,7D x 90W,Vented,Square $ 170.50 $ 170.50 ........................................................................................................................................................ .........................................................................................................................................................................................................................................................................., Quotation ovussbassett PROJECT#: DC-11424-01 Option: 5 8189 Byron Road Whittier,CA 90606 REVISION: D Tel:800.350.2445 Fax:562.698.8972 PROJECT NAME: METROCOM www.russbassett.com ........................................................................................................................................................................................ ...................... ......................................................................................................................................................................................... 1 FTC-0772-V-S Flex Top Cap,7D x 72W:Vented,Square....................................................................................................................................... $ 154.00 $............ 154.00 ............................_ ............................ 2 FBP-4842-VPS Flex Back Panel,48W x 42H,Vented,Powder,Square $ 228.25 $ 456.50 ..................................................................................................................... ........................................................................................................................................................................................................................................................................... 2 FBP-3642-VPS Flex Back-Fa.nel,36W x 42H,Vented,Powder,Square $ 217.25 $ 434.50 .......................................................................................................................__ --..................................................................................................................................................................................................................................................................................................... 2 FCC-07L-9042-EPS Flex Comer Connector,7D,90°L-Type,42H,Exterior,Powder,Square $ 253.00 $ 506.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FWS-SLS-3696-B-E Work Surface,Linear Sit-Stand,Inset,Single Lift,36D x 96L,PES,Endure $ 2,464.00 $ 2,464.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FWS-FRE-2490-E Work Surface,Rectangle,24D x 90L,Endure $ 684.75 $ 684.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FWS-FRE-2436-E Work Surface,Rectangle,24D x 36L,Endure $ 363.00 $ 363.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FPD 2418-BBF-S-L Flex Drawer Pedestal,24D x 18W,Box/Box/File,Square,Lock $ 346.50 $ 346.50 ..........................................................................................................................15.................................................................................................................................................................................................................................................................................................................................. 1 FPD-2430-FF-S-L Flex Drawer Pedestal,24D x 30W,File/File,Square,Lock $ 407.00 $ 407.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FPO-2412 Flex O en Stora e Pedestal,24D x 12W $ 192.50 $ 192.50 P........................................................................................................................................................................................................................................................................................................................... 1 FPC-2412-RD-S-L Flex Closed Storage Pedestal,24D x 12W,Right Swing,Square,Lock $ 277.75 $ 277.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 FPT-243028-PD-S-N-S Flex Technolo Pedestal,24D x 30W x 28H,Pair of Doors,Square,No Loc $ 596.75 $ 596.75 ....................................................................T...........................................................................-1.............................................................................................................9......................................................................................................................................................................................... 1 FSL-24-L Flex Left Support Leg,24D $ 165.00 $ 165.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2 FEC-FH-0742-S Flex End Cap,Fixed Height,7"Wall,42"H,Square $ 220.00 $ 440.00 ................................................................................................................................................................................................................................................................................................................ 1 FAP-225 Flex Inside Access Panel,One Support,22.5"W $ 99.00 $ 99.00 ............................................................................................................................................................................................................................................................................................................................... 2 FAP-210 Flex Inside Access Panel,Two Supports,21"W $ 93.50 $ 187.00 ................................................................................................................................................................................................................................................................................................................ 2 FAP-150 Flex Inside Access Panel,Two Supports,15"W $ 82.50 $ 165.00 ................................................................................................................................................. ......................................................................................................................................................................................................................................................................................................... 1 WAC-IV-RMK-2 2U Internal Vertical Rack Kit $ 82.50 $ 82.50 ............................................................................................................................................. .................................................................................................................................................................................................................................................................................................., 1 DAC-SW-SANSTN Slatwall Sanitation Station $ 159.50 $ 159.50 .............................................................................................................................................l- ...,...................................................................................................................................................................................................................................................................................................... 6 DAC-MA-OI-SW-S Fully Articulating Monitor Arm-Weight Range 5-16 lbs $ 247.50 $ 1,485.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 DAC-LED-DA-SW Dimmable LED Task Licht-Double Arm,Slatwa11 Mount $ 253.00 $ 253.00 ...........................................................................................15.............................................................................................................................................................................................................................................................................................................................................................. 1 WAC CO-1 P2U4D Convenience Outlet Plate,1 Power Outlet,2 USB Power,4 Data Ports $ 178.75 $ 178.75 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 1 WAC CO-BLANK Convenience Outlet Plate,Blank Filler Plate $ 49.50 $ 49.50 ....................................................................................................................................................................................................................................................................................................................................................................... 1 NSP-91973-96 90 Linear Ambient Light Kit,Blue,Slatwall&Undersurface,96" $ 970.75 $ 970.75 ................................................................................................................................................................................................................................................................................................................................... AREA:4 RB Care AREA 4 TOTAL: $ 8,400.00 21 RB-Care Russ Bassett Console Care $ 400.00 $ 8,400.00 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ........................................................................................................................................................................................... CooperativeContract: HGACBuy EC07-16 (9-1-1 Equipment&Services) Product Total: $ 245,296.00 Price does not include applicable sales fax Freight Services: $ 16,500.00 Russ Bassett Installation Services: $ 38,550.00 Total Due $ 300,346.00 Quotation marussbas5ett PROJECT#: DC-11424-01 Option: 5 8189 Byron Road Whittier,CA 90606 REVISION: D Tel:800.350.2445 Fax:562.698.8972 PROJECT NAME: MEfROCOM www.russbassett.com Any drawing submitted to the Client under this Quotation must be signed-off as"approved for manufacture"and returned with applicable purchase order. Drawing REVISION level must match Quote REVISION level. A signed,completed delivery and installation checklist and purchase order is required to prevent any issues at time of delivery and installation. Any unique requirements encountered at time of delivery and installation not covered on the installation checklist will be invoiced at cost in addition to the charges quoted herein. Russ Bassett ships your products using our"Safe Ship"program. The program simply states that we guarantee your products will arrive damage free anywhere in the 48 contiguous United States. If damage should occur,notify customer service and Russ Bassett will rush a replacement part or unit and pick up the damaged product. Due to the custom nature of our products,Russ Bassett recommends using only Certified Russ Bassett Installers. Send to: Russ Bassett Corporation Fax to: (562)698-8972 Attn:Customer Service 8189 Byron Road Whittier,CA 90606 Purchase orders must include the following information to process with Russ Bassett: Sold to,Ship to,Order Date,Requested Delivery/Install Date,PO Number,Quantity,Full Model Numbers&Total. All purchase orders must also accompany the following documents to be considered a complete order: Signed drawing noting console and work surface colors and/or cabinet color,signed quotation,&installation checklist. Quote is Valid for 90 days from date of issue;and,may only be extended in writing by Russ Bassett. Negotiated payment terms as follows: • 10%due 30 days after receipt of order •50%due 30 days after shipment invoice date •30%due on October 15,2018 • 10%due after final sign-off Quotation marussbas5ett PROJECT#: DC-11424-01 Option: 5 8189 Byron Road Whittier,CA 90606 REVISION: D Tel:800.350.2445 Fax:562.698.8972 PROJECT NAME: MEfROCOM www.russbassett.com For the products covered under this proposal is twelve(12)weeks AAO(After Acceptance of Order). Incomplete Purchase Orders may delay the ship date;actual date will be confirmed on written Order Acknowledgement. Russ Bassett Corporation warrants to the original customer that all Desience manufactured products as quoted or proposed will be free from defects in materials and workmanship for the following warranty period: 1. Limited Lifetime Warranty for Russ Bassett Corporation manufactured Desience products. 2. Limited Term Warranty for all Russ Bassett Corporation non-manufactured products or components that are added or integrated into a Russ Bassett Corporation manufactured product shall be warranted as outlined in the original manufacture's warranty. If a Performance Bond is required for this project,the warranty covered by the Performance Bond is limited as follows:'Notwithstanding anything stated in the contract, purchase order,or specifications,the bond only covers a 1 year parts and labor warranty. Any additional warranty will not be the responsibility of the Surety and will be the sole responsibility of Russ Bassett'. Changes to an order,once it has been processed,can be very disruptive and costly.Once an order has been started in manufacturing,usually within 4 weeks of the scheduled ship date,it is not possible to make changes. Any requests for changes to the design or scope of work shall be made in writing. RBC will notify Buyer if it is possible to accommodate the change requests.If there is still time to accommodate the change requests,RBC will provide a quotation covering the cost and lead-time impact of the change.If these impacts are acceptable to Buyer, RBC will produce changed drawings for review and approval.No change will be made without sign-off of the updated quote and drawing by Buyer. Any cancellation requests must be submitted in writing and approved by an officer of Russ Bassett.Upon acceptance of canceled order,a cancellation charge of 25%of the contract amount will be incurred over and above the cost of materials produced or in production,labor or other services performed,freight,taxes and any other out of pocket expenses also incurred by Russ Bassett. Authorized Signature Print Name of Authorized Signature Print Title Print Company Name P.O.Number Date of Authorization ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS L 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 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 Per occurrence - aggregate 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 of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employer's 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. IL ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in 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. L 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—CCPD MetroCom Console Purchase and Installation 05/16/2018 sw Risk Management Valid Through 12/31/2018 BOND REQUIREMENTS: No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. ATTACHMENT D: WARRANTY REQUIREMENTS See attached document, Russ Bassett Limited Lifetime Warranty. u russbassett RUSS BASSETT LIMITED LIFETIME WARRANTY Russ Bassett Corporation warrants to the original customer that all Russ Bassett manufactured products as quoted or proposed will be free from defects in materials and workmanship for the following warranty period: 1. Limited Lifetime Warranty for Russ Bassett Corporation manufactured products. 2. Limited Term Warranty for all Russ Bassett Corporation non-manufactured products or components that are added or integrated into a Russ Bassett Corporation manufactured product shall be warranted as outlined in the original manufacturer's warranty. Russ Bassett is the single point of contact for any and all warranty claims under this warranty agreement.This warranty does not cover ordinary maintenance, normal wear and tear, abuse, improper use, negligence, accident, alterations,damage due to shipping and handling,repair or installation not performed by a certified Russ Bassett Corporation representative, products which have not been maintained or operated in accordance with Russ Bassett Corporation written instructions.This warranty does not cover any damage to customer equipment that is caused by circumstances unrelated to the quality and/or functionality of Russ Bassett Corporation's products. In addition this warranty does not cover consumable items including,but not limited to,light bulbs,filters,etc. No claims under this warranty will be valid unless Russ Bassett Corporation receives written notice within a reasonable time of discovery of the defect and no later than the expiration of the applicable warranty period.In the event that Russ Bassett Corporation does not receive written notice prior to the expiration of the applicable warranty period, Russ Bassett Corporation shall have no obligation to repair or replace the product and shall have no other liability whatsoever under this warranty. Russ Bassett Corporation will replace or repair (at its option) any products which are covered by this warranty and which are found to be defective. Russ Bassett Corporation may provide a substitute product of equal or greater value to resolve a warranty claim. No cost to the customer shall be incurred for any items covered under warranty. Russ Bassett Corporation assumes responsibility for freight and installation.Any product or component that is replaced or repaired will not extend the applicable warranty period. In the event that the product failure is a result of non-warrantable items, an hourly rate will be applied for work performed plus expenses including, but not limited to, product,installation,transportation, and accommodations. The foregoing warranty is exclusive and is in lieu of all other warranties, express or implied, provided by Russ Bassett Corporation including without limitation implied warranties of merchantability and fitness for a particular purpose. Product repair or replacement is the customer's exclusive remedy for any and all product defects. Russ Bassett Corporation accepts no liability beyond the remedies set forth in this warranty statement. in addition, Russ Bassett Corporation shall not be liable for any incidental, consequential or special damages including,without limitation, damages for lost profits or revenues or costs incurred as a result of lost time, data, use of the product or from any other cause whatsoever,whether based on warranty (expressed or implied), contract, or tort including negligence. In no event shall Russ Bassett Corporation's liability exceed the purchase price of the product purchased. If a Performance Bond was provided for this project, the warranty covered by the Performance Bond is limited as follows: `Notwithstanding anything stated in the contract, purchase order, or specifications, the bond only covers a 1 year parts and labor warranty. Any additional warranty will not be the responsibility of the Surety and will be the sole responsibility of Russ Bassett'. 8189 Byron Road Whittier,CA 90606 1 Tel 562.945.2445/Fax 562.698.8972 1 info@russbassett.00m on ussbassett RUSS BASSETT NON-MANUFACTURED PRODUCT WARRANTY INFORMATION LINAK lifting Columns LINAK U.S. Inc. Lifting Columns are warranted for a period of five (5) years from the date of shipment. Console Management System Russ Bassett warrants that our Console Management System will be free from defects in material and workmanship to the original purchaser for three (3) years from the date of shipment. Monitor Arms Monitor Arms are warranted for ten (10)years from the date of shipment against defects in materials and workmanship. Monitor arms will be repaired or replaced under this warranty. Lighting LED Task Lighting is warranted for five (5) years from the date of shipment against defects in materials and workmanship.Task Lights will be repaired or replaced under this warranty. Ambient and CPU LED Lights are warranted for three (3) years from the date of shipment against defects in materials and workmanship and will be repaired or replaced under this warranty. Work Surface Russ Bassett warrants that our work surfaces will be free from defects for up to ten (10) years from the date of shipment where we deem these products to have been subjected to normal use. This warranty applies to laminate work surfaces and substructures,solid edge and edge band, and all hardware. Power, Data,and Cables Power strips, desktop outlets, data keystones, and data and signal cables are warranted for five (5) years from the date of shipment and will be replaced under this warranty. Laminate Products Russ Bassett warrants that all laminate panels and case goods such as Lockers and Laminate storage cabinets will be free from defects for five (5) years from the date of shipment,where we deem these products to have been subjected to normal use. Fabric Panels Russ Bassett warrants that all fabric panels will be free from defects for five (5) years from the date of shipment, where we deem these products to have been subjected to normal use. Acrylic Panels and Screens Russ Bassett warrants that all acrylic panels and privacy dividers will be free from defects for five (5) years from the date of shipment,where we deem these products to have been subjected to normal use. Iron Horse Seating Heavy Duty Frame Warranty—Ten (10) Years from date of sale for 24-hour use. All Other Structural Components—Coverage includes all mechanical components for a period of five (5)years from date of shipment for 24-hour use. Armrests, Cushions,and Trim—Covered for three (3) years for normal wear and tear for 24-hour use. Abuse is not covered. Casters-Covered for one (1) year for normal wear and tear for 24-hour use. Russ Bassett Corporation Warranty Statement This warranty applies to all Russ Bassett Console products purchased on or after January 1,2016 8189 Byron Road Whittier,CA 90606 I Tel 562.945.24451 Fax 562.698.8972 1 info@russbassett.com Attachment E PROVISIONS FOR ADDITIONAL DELAY CHARGES Additional Russ Bassett Charges for Delays to Product Delivery and Installation Schedule: The City understands, acknowledges and agrees that its change request to any established Product delivery or Installation date is disruptive and costly to Contractor regular manufacturing operation. Moreover, Contractor storage capacity is limited and any delay to the Product delivery date impairs Contractor ability to maintain its ongoing operations. Accordingly, in the event City discovers, at any time and for any reason, its Project Site will not be available to receive the Product on the Project delivery date, City shall immediately notify Contractor in writing. The Parties shall immediately meet to determine the impacts to the Project Schedule and revise the Project Schedule, in a writing signed by the Parties. The City may request an extension of the Product delivery date within 30 days from the Effective Date of this Agreement without any additional charge, and provided the extended date is approved in a signed writing between the Parties. In the event of any City-requested change after the 30th day shall bind the City to an automatically-applied storage charge in the minimum sum of (a) $.05 per square foot (as determined by Contractor) per day if room exists at Contractor manufacturing facility, and/or (b) Contractor actual storage and shipping charges, plus 100 overhead, for any necessary offsite storage, whichever individual or aggregate sum is greater. These costs will be the obligation of the City and will be invoiced as incurred. In addition, any costs incurred by Contractor installation team as the result of a change in schedule as described above, will be the obligation of the City and invoiced as incurred. se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 19, 2018 Nc1852Ev Action Item for the City Council Meeting of June 26, 2018 DATE: May 23, 2018 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief rrocha aj�cctexas.com 361-826-3932 Resolution authorizing submission of 6 grant applications for State Homeland Security Program and Law Enforcement Terrorism Activity. CAPTION: Resolution authorizing submission of 6 grant applications to the Office of the Governor for State Homeland Security Program and Law Enforcement Terrorism Activity. PURPOSE: The purpose of the resolution is to authorize the City of Corpus Christi to submit six (6) grants. The grants will be submitted to the Office of the Governor for the Homeland Security Grant Program (HSGP) and Law Enforcement Terrorism Prevention Activities (LETPA). The purpose of the grants is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the United States. BACKGROUND AND FINDINGS: The Homeland Security Grant Program and Law Enforcement Terrorism Prevention Activities annually issues grants to improve our ability to respond to potential acts of terrorism, to purchase more advanced equipment and to enhance training. Since 2004 the U.S. Department of Home Security has annually issued grants to the State of Texas who in turn awards the grants to municipalities through the Homeland Security Program. Listed below are the amounts available for grant funding. Airport CBRNE Response Equipment $14,996.28 Bomb Squad Enhancement $70,128.00 PD Interoperable Communications $199,806.33 Portable Communications Equipment $118,202.19 Corpus Christi Planning $ 22,605.40 CCPD SWAT Enhancement $375,428.00 ALTERNATIVES: If we do not submit these 6 grant applications, we will have limited emergency response and security capabilities. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: City council approval to allow submission of grant applications. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Not applicable ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends authorizing the Fire Department to submit grant applications. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of 6 grant applications to the Office of the Governor for State Homeland Security Program and Law Enforcement Terrorism Activity. WHEREAS, The City of Corpus Christi finds it in the best interest of the citizens of Corpus Christ, that the Airport Chemical, Biological, Radiological and Nuclear Defense (CBRNE) Response Equipment, Bomb Squad Enhancement, Police Department(PD) Interoperable Communications, and PD Portable Communications Equipment, Corpus Christi Planning, and CCPD SWAT Enhancement projects be operated for the year of 2019; WHEREAS, the City of Corpus Christi agrees to provide applicable matching funds for the said project, with the understanding that matching funds are not required by the Homeland Security Grant Program grant application; and WHEREAS, the City of Corpus Christi agrees that in the event of loss or misuse of the Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of the Governor in full. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council authorizes submission of grant applications to the Office of the Governor for the following projects: 1. Airport CBRNE Response Equipment; 2. Bomb Squad Enhancement; 3. PD Interoperable Communications; 4. PD Portable Communications Equipment; 5. Corpus Christi Planning; and 6. CCPD SWAT Enhancement. SECTION 2. The City of Corpus Christi designates the Deputy Fire Chief as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Grant Numbers 3598801, 3599401, 3601001, 3602801, 3605801, 3614501 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Grant Numbers 3598801, 3599401,3601001, 3602801, 3605801, 3614501 se o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of June 19, 2018 1852 Action Item for the City Council Meeting of June 26, 2018 DATE: June 19, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEllCa-)-cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services kimb2(a-)cctexas.com (361) 826-3169 Playground Equipment and Installation at Ben Garza Park, Moody Park and South Bluff Park CAPTION: Motion authorizing an eight-month service agreement for the purchase and installation of playground equipment at Ben Garza Park, Moody Park and South Bluff Park from GameTime by Total Recreation Products, Inc. of Cypress, Texas via U.S. Communities Cooperative for a total amount not to exceed $222,281.91. PURPOSE: To approve the purchase of playground equipment and installation at Ben Garza Park, Moody Park and South Bluff Park. BACKGROUND AND FINDINGS: This playground equipment is a replacement for the playground equipment that has been removed due to reaching the end of its life cycle. Funding for this purchase is from the Community Development Block Grant program (CDBG). The equipment identified will allow for use by all age groups and meets goal three of the 2012 Parks and Recreation Master Plan by providing additional opportunities and a fitness station. Utilization of the U.S. Communities Cooperative allows for increased buying power for the City for this type of playground 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. DEPARTMENTALCLEARANCES: Parks and Recreation FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $644,750.00 $0.00 $644,750.00 Encumbered / $0.00 Expended Amount $313,703.62 $313,703.62 This item $222,281.91 $0.00 $222,281.91 BALANCE $108,764.47 $0.00 $108,764.47 Fund(s): Community Development Block Grant (CDBG) Comments: The full amount of the purchase is included in the CDBG Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION PLAYGROUND EQUIPMENT AND INSTALLATION BUYER: JOHN ELIZONDO US COMMUNITIES CONTRACT 2017001134 GAMETIME BY TOTAL RECREATION PRODUCTS CYPRESS, TEXAS UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE Playground Equipment and Installation for Ben 1. Garza Park 1 LS $74,093.97 $74,093.97 Playground Equipment and Installation for 1. -Moody Park 1 LS $74,093.97 $74,093.97 L1. Playground Equipment and Installation for South Bluff Park 1 LS $74,093.97 $74,093.97 Total Price $222,281.91 SC G° a h U arrvoaa�eo 1852 Service Agreement No. 1718 Playground Equipment and Installation for Ben Garza Park THIS Playground Equipment and Installation for Ben Garza Park Service Agreement ("Agreement") is entered into by and between GameTime by Total Recreation Products, Inc. ("Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), by and through its duly authorized City Manager or designee ("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has bid to provide Playground Equipment and Installation for Ben Garza Park; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will deliver and install playground equipment for Ben Garza Park ("Services") in accordance with this Agreement including all attachments and exhibits, which are incorporated by reference into this Agreement. 2. Term. This Agreement takes effect upon execution of the City Manager and issuance of a notice to proceed and will continue for eight months. 3. Compensation and Payment. This Agreement is for an amount not to exceed $74,093.97, subject to validly authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the contract administrator, who is the Park & Recreation Superintendent or designee ("Contract Administrator"). 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. Page 1 of 6 6. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the city will be given at least 30 days' advance written notice of cancellation, material change in the coverage, or intent not to renew any of the policies. The City must be named as an additional insured during and until completion of the work. Additional insured status for ongoing and completed operations will be provided by Subcontractor performing installation. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if full set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were set out here in its entirety. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. 9. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 10. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for covering such contract item as an expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. Page 2 of 6 11.Waiver. No waiver of any breach of any term or condition of this Agreement, its attachments and exhibits, or the Contractor's response to the RFP ("Exhibit 1 "), which exhibit is incorporated into this Agreement, waives any subsequent breach of the same. 12.Governing Law. This Agreement is subject to all applicable federal, state and local laws, rules and regulations. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 13.Federally Funded Project. This project is subject to Federal Funding. A set of Federal Requirements have been attached as Attachment D for inclusion in this Agreement. The Contractor must be in compliance with these requirements will performing work under this Agreement. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in this contract and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. 14.Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services. 15.Amendments. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. 16.Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in Exhibit A. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days' written notice to the Contractor. However, the City may terminate this Agreement upon three days' written notice to the Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 17.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes in accordance with Circular E, "Employer's Tax Guide", Publication 15, as it may be amended. Upon his request, the Page 3 of 6 City Manager shall be provided proof of payment of one or more of these taxes within 15 days of such request. 18.Notice. Notice may be given by hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Joshua Wentworth Address: 1201 Leopard Street 3rd Floor City, State, Zip: Corpus Christi, Texas 78401 Phone: (361) 826-3483 Fax: (361) 826-3174 IF TO CONTRACTOR: Name: GameTime by Total Recreation Products, Inc. Contact Person: Jason Marbach Address: 17802 Grant Road City, State, Zip: Cypress, Texas 77429 Phone: (281) 351 -2402 Fax: (281) 351 -2493 19.Severability. Each provision of this Agreement shall be considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 20.Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification form the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Page 4 of 6 21.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 22.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 CONTRACTOR Signature: Printed Name: Title: RLF,5;P& Date: %�=��� 4e e CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Page 6 of 6 �s ATTACHMENT A: SCOPE OF WORK '1852 SCOPE OF WORK: Scope of Work Company will Provide equipment and installation on selected Playground and Pour in Place fall zone at the following Park 1 ) Installation of Playground will include: • Line Location • Grading for base installation for pour in place surfacing. • Installation of Playground per manufactures instructions. 2) Installation of a 1200 SF concrete slab at 4" thick including: • All material and work to complete forming for concrete slab. • All materials and work to complete reinforcing with wire mesh. • All material and work to complete placement and finish of concrete. • All materials and work to complete clean up. 3) Installation of 1200 SF at required depth per fall height of one pour in place rubber pad including. • All material and work to complete mixing of bonding agent and rubber surfacing. • All material and work to complete placement of pour in place rubber pad. • All material and work to complete clean up. 4) Be aware of surroundings in Park. 5) Contractor will contact Administrator for Scheduling. 6) All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. 7) One CDBG Project Site Sign Page 2 of 16 nrr% ATTACHMENT B: QUOTE/PRICING SCHEDULE by Total Recreation Products,Inc. QUOTE (EaMeTlme, 17802 Grant Road Cypress,Texas 77429 #80715 Phone: 281-351-2402 Toll Free: 800-392-9909 05/22/2018 !PLA—CQ RENb„Y Fax: 281-351-2493 TA-04113-18 Rev 2 City of Corpus Christi- Ben Garza Park City of Corpus Christi Ship To Zip: 78408 Attn: Jose Hernandez 5352 Ayers Building 94 Corpus Christi,TX 78415 Phone: 361-826-3986 Quantity Part# Description Unit Price Amount 1 RDU Game Time -TA-04113-18-1A1 PS16028 $28,942.00 $28,942.00 "Loop Around" 5-12 Unit 1 PIP25589 GT-Impax- 1,200 Sq.Ft.Pour In Place $22,137.50 $22,137.50 Surfacing- Price includes a$3,465.00 discount and freight to Corpus Christi, TX 50%Black150%Standard EPDM Color- Aromatic Binder PREVAILING Davis Bacon Wages 3"System depth to accommodate 6'CFH INSTALLATION SCHEDULE TO BE DETERMINED BY WEATHER CONDITIONS ALLOWING FOR PROPER MATERIAL SET UP AND CURING. QUOTE DOES NOT INCLUDE ANY TENTING OR ARTIFICIAL HEATING Assumes Good Access,No Design,& Sub Base/Site Prep by Others (Quoted separately in this quote) Security&Dumpster Not Included-Should provision of either be required, additional charges will apply. 1 178749 Game Time -Owner's Kit $53.00 $53.00 Page 1 of 2 TA-04113-18 Rev 2 City of Corpus Christi - Ben Garza Park QUOTE #80715 05/22/2018 Quantity Part# Descn'ption Unit Pfice Amount 1 INSTALL Game Time-Installation- $27,427.87 $27,427.87 Installation scope to be performed bX BarCon includes the following items ONLY. 1. GameTime Equipment listed on this quote 2. One(1)Site Sign with CDBG Sign requirements included(as specified in bid documentation) 3. Excavation, Grading, &Spoil Removal for surfacing 4. Reinforced Concrete Slab with Ribbon Curbs No other site work, demolition or concrete work included. Rubber surfacing installation to be provided separately, cost is included in surfacing price line item. Acquisition of any and all permits is the sole responsibility of the customer. Standard installation does not include any extra or additional machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges will apply. Wages will be be Davis Bacon 1 BONDS Game Time -Bonds $1,111.49 $1,111.49 Pricing is per USC Contract#2017001134 Installer to meet truck and unload.Freight Calculated to: SubTotal: $79,671.86 Discount: ($6,946.08) Ben Garza Park Freight: $1,368.19 1815 Howard Total Amount: $74,093.97 Corpus Christi,TX 78408 Page 2 of 2 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE 4. Contractor must not commence work under this contract until all insurance A required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until al' similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured, during and until completion of the work, on the General liability and (2) 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. Additional insured status for ongoing and completed operations will be provided by subcontractor performing installation. 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 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 S. Independent Contractors Page 4 of 17 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit ). Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment 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. Ill. 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 D--- 9 nF 17 admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- V11. 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. Sox 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, as additional insureds by endorsement with regard to ongoing 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. DI. 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 C..-._ 1 -8 r? 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 payments) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in anyway the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Valid Through 12131/2018 006116 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address(principal place of business): Mailing address(principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Purchasing Division 1201 Leopard Street 4t" Floor Surety is a corporation organized and existing under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Playground Telephone(main number): Equipment and Installation for Ben Garza Park No. 1718 Telephone (fornotice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price:$74,093.97 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) The address of the surety company to which any Said Principal and Surety have signed and sealed notice of claim should be sent may be obtained from the Texas Dept.of Insurance by calling the this instrument in 4 copies,each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form Playground Equipment and Installation 006116-1 for Ben Garza Park No, 1718 Rev.01--13-2016 Page 1 of 2 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,Jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and vaid;otherwise the obligation Is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form 00 61 16—1 Playground Equipment and Installation for Rev.01-13-2016 Ben Garza Park No. 1718 Page 2 of 2 ATTACHMENT D: WARRANTY REQUIREMENTS Will require 90-day Warranty on Workmanship. One year manufacture warranty on material. Page 8 of 17 �nsn ATTACHMENT E: FEDERAL REQUIREMENTS FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-01 Breach of Contract Terms FR-02 Termination of Contract FR-03 Equal Employment Opportunity-41 CFR Part 60-1.4(b) FR-04 Standard Federal Equal Employment Opportunity Construction Contract Specifications— 41 CFR Part 60.4.3 FR-05 Copeland Anti-Kickback Act 29 CFR Part 5 FR-06 Davis-Bacon Labor Requirements 29 CFR part 5 FR-07 Contract Work hours and Safety Standards Act Requirements FR-08 Regulations Pertaining to Reporting FR-09 Rights to Inventions FRA 0 Access to Records and Record Retention FRA 1 Clean Air and Water Pollution Control FRA 2 Energy Conservation Requirements FRA3 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FRA4 Lobbying and Influencing Federal Employees FRA 5 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses (MIWBE) FR-18 Accessibility Section 504 Compliance FRA 9 Texas Architectural Barriers Act FR-20 rug Free Workplace Requirements FR-21 Field Requirements I Page 1 of 45 FEDERAL REQUIREMENTS: FR-01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5.12. Page 2 of 46 FEDERAL REQUIREMENTS: FR-02 TERMINATION OF CONTRACT a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the Clty's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Reference:49 CFR Part 18.36(i)(2) Page 3 of 46 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY- Executive Order 11246 as amended 41 CFR PART 60-1.4(b1 During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3.The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulation,or order of the Secretary of Labor, or as otherwise provided by law. 7.The contractor will include the provisions of paragraphs(1)through(7)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by EO 11375 of Oct 13, Page 4 of 46 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230) SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and t1leir proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training,with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966.1970 Comp., p, 684; EO 12086 of Oct. 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p.230 Reference:Executive Order 11246& Title 41 CFR Part 60-1.4 Page 5 of 46 FEDERAL REQUIREMENTS: FR-04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS -41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3)Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4)American Indian or Alaskan native(all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the speck affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications.The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal Page 6 of 46 procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. £. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation,and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor,where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union,a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor,orwhen the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. Page 7 of 46 g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. L Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices,job classifications,work assignments,and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8.Contractors are encouraged to participate in voluntary associations,which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and Page 8 of 46 failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner(for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall cavy out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference:Executive Order 11246& Title 41 CFR Part 60—4.3 Page 9 of 46 FEDERAL REQUIREMENTS: FR-05 COPELAND "ANTI-KICKBACK" ACT— 18 U.S.C. 874140 U.S.C. 276c 129 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment,or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than$5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874(June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure)shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950(15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies,and cause to be made by the Department of Labor such investigations,with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." Page 10 of 46 FEDERAL REQUIREMENTS: FR-06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010) DAVIS- BACON REQUIREMENTS Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: hUI2://www.dol.gov/whd/contracts/dbra.htm Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act(29 CFR Part 3)),the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv);also,regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a)Any class of laborers or mechanics, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. Page 11 of 46 (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30- day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs(1)(ii) (b)or(c)of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to David-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. Page 12 of 46 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215- 0017.) (ii) (a) The contractor shall submit weekly, for each week in which any contract work is performed,a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be,for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i).This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be maintained under CFR 5.5(a)(3)(i) above and that such information is correct and complete; (2)That each laborer and mechanic(including each helper,apprentice and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its Page 13 of 46 designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding joumeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually Page 14 of 46 performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6.Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and HUD,the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ...., influencing in any way the action of such Administration....makes, utters or publishes any statement knowing the same to be false.....shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable Page 15 of 46 shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference: Title 29 CFR Part 5.5 WAGE RATES Page 16 of 46 36021MV "Fr-'J1ww'xv+dd 9avJ'wcWJ!;"07*1w.�stAconJLX3' dvG?1=0 General Decision Number: TX170031 01/05/2917 TX31 Superseded General Decision Number: TX2016e031 State: Texas [onsTructlon Type: Hcavy Counties: Nueces and San Patricio Counties In Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and water Line Construction and Drainage Projects) Note: Under Executive Order (EO) 13658, a--ti hourly minimum wage Of $10.Z6 for calendar year 2817 applies to all contracts subject to the Davis-Baron Act for which the contract is a.rarded (and any solicitation was issued) on or after January 1, 2815. Tf this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wake determination At least $10,28 per hour (ar The applicable wage rate listed on this wage determination, if it is higher) tar all hours spent pertorming oo the contract in calendar year 2017. The EO mini=m wage rate will Ge adjusted Annually. Additional information on contractor requirements and worker protections under the EO is available at kww.dol.gov/whd/govcontracts. e-odification Number Publication Bate e 62/06/2817 SUTX1927-eel 12/ei/1487 Rates Fringes CARPENTER (Excluding Form 5etxJng) . . . . . . . . . . .. . . . . . . . . . . . .x 9.65 Concrete Finisher. . . . . . . . . . . . . . . . 7.51 ELECTRICIAN. . . . . .. . .. . . . . . .. . . . . . 13. 37 2.58 aborersc Cotroon. . . .. . .. .. . . . . . . . . . ..i; 7.25 Utility. . . .. .. .. . . . . . . . . . . ..S 7.68 Po %-r equipment operators: Sackhoe. . . . . .. .. . .. . .. . . .. . .$ 9.21 Motor Grader. . _ . . . .... . . . ..c� s.72 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft perfor-ling operation to rhicts welding is incadentai _ -..--------t+rza aaa=====�o3zzssYs date: Executive Order {EO) 13766, Establishing Paid Sick Leave for Federal Contractors applies to all c❑nmracts subject to the Davis-Bacon Act fv7 which the contract is awarded (and any solicitation was lssugd) on or after January 1, 2817. if this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their F�s�1wv��.r��_o1 gorA►cldligz�davlsbacart'i?C3i.clrbir�d Page 17 of 46 3.2111cl1 frr;ra�4v�w:n:`c:{ vlw IrzLaS�w:l�ir:4.baraa.X3' L"rb7.r0 OW illness, injury or other health-related n(-ods, including preventive ca-c; to assist a family m_sber (or persnn w:1-a is like family rc the employee) who is ill, =nia-•ed, or has other health related epds, nclR:ding prove-tive ca-e; or fcr reaSOWi resulting frog, or to assist 3 -Family member (or person'. who is like family to the employer) who is a victiin cf, domeslic violence, sexual assault, or stalking. Additional trforrration on centr•actur require"ents and wcrker protortions under the EQ is available at -rrr,r,;.drrl.govfwhd/poveor.t-arts. Unlisted c3assifir.at'1nns riecaded far- work tar included withir tf•e fcapc of the c1s--aifir.-vr1nn5 lltktrd nny be added after award only as provided in the labor' stand.rr s contract clauses The body of each Frage determination lists the classification and wage rakes that have been -Fouad to be pr•eLalling for the cited tYP£(5) ori• construction in the area cavfre.: by the gage determination. 'rhe C14-K51ficaticns are listed in al.phabetica: order or "identifiers" that inrlirate wrether the particular• rare i; a union rate (current union negntiateij rate for local' a survey rate (weiChted average rate; or a rrrinn average rate. . (weighted union average rite) . Union Rate identifiers A Four letter cla,sification abbreviation identifier enclosed in dotted lines beginning with characters otner than "5U- cr "UAVG" denotes that the U-1091 classificetion and rate were prevailing for that classification in ite survey. Example: PLUM019H R05 F17/81/2024. PLUM is an abbreviation identifier of 'Cite union wnicn, prevaliec xn the survey tar, tlrl,s classification, which in this exanpls would be Plunber•s. 0398 indicates the locals union number or district council number where applicable, ?.e., Plumbers Local e19F1. the next rucber, 005 in the ex=plre, is an internal number used in rroressing the wage deterr. ration. $7/02/2e24 is the effective date of th-- must cur•rert *negotiated rate, whlrh in this example is July 1, 2014_ union prevailing tiage rates are updated to rete l ec" a.l 3 vALe changes in the C011Octive bargaining agr-eenEnt (LLA) Fuser ning this classification and rate. Survey Rete Ider:tifiers Classificat=ons listed'' under 'th+` "SFJ" identifier indicate that no o-te rtitu rrevayled for this classificatien in the survey and the publi,hed rate is derived by computirvS .a weighted average rate based on all the rates reported in the survey fur• that ciassi=:cation. As this weighted average rate includes all rates reported in the survey, it, may include both ur:;oz and non union rates. Example: 5uLA20t7.-00! 5113/7.024. 511 indicates 4he rates are survey rates based on a weighted average caliulat;an c-F rates and are not -wajority rates. LA indicates the state of Louisiana. 2012 is the year of survey on which these classi-FEcations and rates are based. The next nu=ber, 007 in the example, is an Internal number used in producing the wage determiratior_ 5/13/201& 1-nd'cates the survey carnpletior dare for the classifications and rates und- - that identifier. ttir,-e"+waw.OYdd,ga:yvoctisra:c..lLTrlsflacorf'FX.M'-'Vb?\wD Page 18 of 46 3121.29t7 nflpsXrvww l. ,vl+rdd;SCahlesk]a,isbaccnq-X01.dvG71: o Survey wage rates are nut updated and recLain in effect until a new survey is conducted. Union Average Rate Ide-tiflers Classifications) listed under the UA$1G identi-Fier indicate that no single rajarity rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. L WIPLE- UALVG-OH-0019 e8/29l2914. UAV6 indicates that the rate is a weighted u-,iar average rate. OH indicates the state. The next numbe~, 0018 it the example, is an internal numbe-~ used in producing the wage determination. 08/29/2014 indicates the survey completion date For the clasSlficatlugts and rates under that identifier. A UA%fG rate will be updated once a year, usually in January of mach year, to reflect a weighted average of the current negotlatod/C8A rate of U--e union locals +ram which the rate is based. -------------------------------------------------------------- WAGE DETERMINATION APPEA: 5 PROCESS 1.) Has there been an initial decision in the aatter7 this ca- be: • an existing publ.is'Lied wage determiration • a survey underlying a wage determir.atian * a Wage and Hour Division :letter setting forth a position on a wage dettrmination matter • a conformance (addltional classification and rate) ruling An survey related matters, initial contact, including requests for summaries of su.-veys, should be .41.0 the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-BaCon survey progra-ei. if the response frQa this initial contact is net satisfactory, then the process described in 2-) and 3.) should be followed. With rogard to any other matter not yet ripe for the fcrnal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to, Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of labor 290 constitution Avenue, N.W. Washington, DC 28210 2.) if the answer to the question in, 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the wage and Hour Ad 1 ni5tratD- (5ee 29 CFR Part 1.8 and 29 CFR Part 7). write to: Wage and Flour Adainlstrator U.S. Department of Labor 20e Constitution Avenue, N.W. washing-ton, DC 2021a The request should be accompanied by a full statement of the interested party's position and by any infamation (wage h9mjtwwwwdad.cu.*.' .chr.71r-0 Page 19 of 46 Y�M]17 W.15,WW w +Jl 7,'lkt f5c�fie�s zrist:3c +T 3i vb'�r=D paYnent data, project description, area practice material, etc.) that the requestor considers relevart to the issue, 3. ) if the decisian of the Adainktrator is nut favorable, an intereslod party may appeal directly to the AdMistrative Review Hoard (formerly the Wage Appeals Board) . Write to: Administrative Review Boar(I U& Department of Labor 200 Constitution Avenue, NX w5hinfon, DG 20210 4. ) All decisions by the AdTibstrative Review ooard are final. END OF GENERAL DECISION Page M 5 46 FEDERAL REQUIREMENTS: FR-07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph(1)of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1)through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1)through (4)of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et sea. The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference:29 CFR Part 5.5&Advisory Circular 950/5100-6d Page 21 of 46 FEDERAL REQUIREMENTS: FR-08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of$10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families.Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number(with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic/gender character of the owner(s)and controller(s)of 51%of the business.When 51% or more is not owned and controlled by any single racial/ethnic/gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided,the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. 7f. Contractor Identification (ID) Number: Enter the Employer(IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. Page 22 of 46 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A_ Section 3 contractor subcontractor is a business concern that provides economic opportunities to low-and very low-income residents of the metropolitan area(nonmetropolitan county), including a business concern that is 51 percent or more owned by low-or very low- income residents; employs a substantial number of low- or very low-income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. The terms "low-income persons" and "very low-income persons" have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families(including single persons)whose incomes do not exceed 80 per centum of the median income for the area,as determined by the Secretary,with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low-Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. INSTRUCTIONS FOR: FORM HUD-60002, Section 3 Summary Report, Economic Opportunities for Low-and Very Low-Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968_ The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937;or(3)modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of$200,000 expended for: (1)housing rehabilitation(including reduction and abatement of lead- based paint hazards); (2) housing construction; or(3) other public construction projects; and to contracts and subcontracts in excess of$100,000 awarded in connection with the Section-3- covered activity. Form HUD-60002 has three parts,which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low-and very low-income persons.'A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. Page 23 of 46 The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the "Program Code" in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other' includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the projectiprogram. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part ill. Summary of Efforts—Self-explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs11HAs are to report all contracts/subcontracts. *The terms"low-income persons"and very low-income persons"have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons Page 24 of 46 mean families(including single persons)whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families(including single persons)whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. 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O L 3 r r M�n V S t 0 Page 26 of 46 Section 3 Summary Report U.S,Department of Housing OMB Approval No 2529-0043 Economic Opportunities for and Urban Development (exp 1113012010) Low—and Very Law-Income Persons Office of Fair Housing And Equal Opportunity HUD Field Office:Section bank of page far Public Reporting Burden statement HUD field Office: 1 Recipient Name d Addrn s Isa.r,t;,city.slate.zip? 2 Federal Identicstiai' (grant eZ j 3. Total Amount of Award: 4 Contact Person 5.Phone (Include area code) 6 Length of Grant 7 Reporting Period: 8.Date Report Submitted 9.Program Code rasa separate sheet 10 Program Name. for each program code] Part I: Employment and Training "Columns B.C and F are mandatory fields Include New Hires in E&F A B C D E F Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hues Hires that are of Staff Flours of New Hvm far Section 3 Employees Trainees Sec 3 Residents that am See 3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other List 'total Program Codes 3=PubkAndian Housing 4=Homeless Assistance B=CDBG State Administered 1 a Flealble Subsidy A=Development 5=HOME 9=Other CD Programs 2=Sectlan 2021811 8=Operatieri 6=HOME State Administered 10•Other Housing Programs Page 1 of 2 form HUD 60=(6/2001) Ref 24 CFR 135 Page 27 of 46 Part II: Contracts Awarded 1. Constriction Contracts. A. Total dollar amount of all contracts awarded on the pmJect $ 8 Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving contravts 2. Nan-Construction Contracts. A Total dollar amount all non-consiruction contracts awarded on the pro.cctlactivity 5 B Total dollar amount of non-construction contracts award-2d to Section 3 busincsse s g C Percentage of the total dollar amount that was awarded to section 3 businessE s % D Total number of Section 3 businesses receiving non-conttrudion contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs to the greatest extent feasible, toward low-and very low-income persons, particularly those who are recipients of government assistance for housing (Check all that apply) Attempted to recruit low-income residents through: local advertising media,signs prom nently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolilan county)in which the Section 3 covered program or project is located,or similar methods Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area In which the Section 3 covered project is located. Other;describe below. Public reporting for this collection of information is estimated to average 2 hours per response,including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB number Section 3 of the housing and Urban Development Act of 1968,as amended.12 U.S.C.1701u mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low•and very-low Income persons,particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients compliance with Section 3,to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1592. An assurance of confidentiality Is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions Data is cumulative;personal identifying information Is not included, Page 2 of 2 form HUE)60o02(112010' Ref 24 CFR 135 Page 28 of 46 FEDERAL REQUIREMENTS: FR-9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference: Title 99 CFR Part 18.36(i)(8) Page 29 of 46 FEDERAL REQUIREMENTS: FR-10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system.The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative's access to any books,documents, papers,and records of the contractorwhich are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference- Title 48 CFR Part 18.36N Page 30 of 46 FEDERAL REQUIREMENTS: FRA 1 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency(EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq.and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c.That, as a condition for the award of this contract,the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Reference: Clean Air Act(42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.) as amended, (49 CFR Part 18.36(i) (12) & Section 306 of the Clean Air Act& Section 508 of the Clean Wafer Act Page 31 of 46 FEDERAL REQUIREMENTS: FR-12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Public Law 94-163). Reference: Title 48 CFR Part 18.36&Public Law 94-163 Page 32 o6 46 FEDERAL REQUIREMENTS: FR-13 CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29&FAA Order 5900.38C Page 33 of 46 FEDERAL REQUIREMENTS: FR-14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Reference: Title 49 CFR Part 20,Appendix A Page 34 of 46 FEDERAL REQUIREMENTS: FR-14 CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29&FAA Order 5100.38C Page 35 of 46 FEDERAL REQUIREMENTS: FR-15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall,to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section Page 36 of 46 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of"upward mobility", "bridge" and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c) Other business related economic opportunities. (1)A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident- owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low-income persons. (2)A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources,and skills for joint profit,but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C[Reserved] Page 37 of 46 FEDERAL REQUIREMENTS: FR-16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan {AAP} must be submitted by the prime contractor and all subcontractors who have subcontracts of $10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. Poge 38 of 46 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (MIWBE) The Contractor will do the best efforts to afford small business (Section 3(a) of the Small Business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women)the maximum practicable opportunity to participate in the perfonnance of this project. Page 39 of 46 -w _ !.ti ' L n : - [IF * i1 s iff i l - m FEDERAL REQUIREMENTS: FR-19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers , Government Code Chapter 469.-The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) Page 41 of 46 FEDERAL REQUIREMENTS: FR-20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees(including individuals)of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. Page 42 of 46 FEDERAL REQUIREMENTS:-FR-21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis-Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub-contractors'Affirmative Action Plans when applicable. Davis-Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis-Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very-Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board. Executive Order 112461: The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti-discrimination policy for this project. Parts II & III of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: An Affirmative Action Plan must be submitted by the prime contractor and all sub-contractors who have sub-contracts of $10,000.00 or more on the project. These plans must be displayed on the project bulletin board for employee view CDBG Proiect Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction. Dimensions and design is attached. The field location will be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite. Affidavit and Waiver of Lien by Contractor: The Contractor must complete,sign and return this waiver with each request for payment. Page 43 of 46 CDBG PROJECT SIGN 8' Now Red PROJECT NAME Background Project Address White Letters CITY OF CORPUS CHRISTI White Community Development Block Grant (CDBG) Background U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Black (HUD) Letters CDBG FUNDS: $ Total Pro'ect Cost: $ Contractor.- Blue Background • - Number-, White Letters 4' _. i ,8- Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of%" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. ?age 44 of 46 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed In plain sight on the job location for the benefit of Interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts,to advise and assist key personnel and staff,and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. will use the HUD Business Registry,as for as possible,in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of$10,000 or more. UTILIZING LOWER INCOME RESIDENTS MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION DEMOTION PAY RATES LAYOFFS ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, relig'an, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: ADDRESS: PHONE NO.: Page 45 of 46 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF Personalty appeared before me, the undersigned authority in and for said State and County, (NamotTitle)of (Name of Company) which firm is hereinafter called"Contractor",who being duly sworn states on oath that he has personal knowledge of the following 1 Contractor has paid in full all debts,obligations. and liabilities(including,without limitation, all debts,obligations,and liabilities for labor, materials,equipment or services,and for all local,state or federal taxes)which have been incurred by Contractor,or which are claimed by others to have been incurred by Contractor, or which have arisen in conjunction with work done,or tabor, materials,equipment or services furnished by Contractor under contract with the City of Corpus Christi on the (Project Name) 2 This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract. In consideration therefor,Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor,materials, equipment or services referred to above. The above statements are made by (Name)of individually and on behalf of the Contractor (Name of Company) (Name and Title) (Company Name) Sworn to and subscribed before me on (Date)_ Notary Public State of Texas Commission Expires END OF FEDERAL REQUIREMENTS Poge 46 of 46 SC G° a h U arrvoaa�eo 1852 Service Agreement No. 1719 Playground Equipment and Installation for Moody Park THIS Playground Equipment and Installation for Moody Park Service Agreement ("Agreement") is entered into by and between GameTime by Total Recreation Products, Inc. ("Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), by and through its duly authorized City Manager or designee ("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has bid to provide Playground Equipment and Installation for Moody Park; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will deliver and install playground equipment for Moody Park ("Services") in accordance with this Agreement including all attachments and exhibits, which are incorporated by reference into this Agreement. 2. Term. This Agreement takes effect upon execution of the City Manager and issuance of a notice to proceed and will continue for eight months. 3. Compensation and Payment. This Agreement is for an amount not to exceed $74,093.97, subject to validly authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the contract administrator, who is the Park & Recreation Superintendent or designee ("Contract Administrator"). 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. Page 1 of 6 6. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the city will be given at least 30 days' advance written notice of cancellation, material change in the coverage, or intent not to renew any of the policies. The City must be named as an additional insured during and until completion of the work. Additional insured status for ongoing and completed operations will be provided by Subcontractor performing installation. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if full set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were set out here in its entirety. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. 9. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 10. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for covering such contract item as an expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. Page 2 of 6 11.Waiver. No waiver of any breach of any term or condition of this Agreement, its attachments and exhibits, or the Contractor's response to the RFP ("Exhibit 1 "), which exhibit is incorporated into this Agreement, waives any subsequent breach of the same. 12.Governing Law. This Agreement is subject to all applicable federal, state and local laws, rules and regulations. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 13.Federally Funded Project. This project is subject to Federal Funding. A set of Federal Requirements have been attached as Attachment D for inclusion in this Agreement. The Contractor must be in compliance with these requirements will performing work under this Agreement. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in this contract and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. 14.Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services. 15.Amendments. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. 16.Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in Exhibit A. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days' written notice to the Contractor. However, the City may terminate this Agreement upon three days' written notice to the Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 17.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes in accordance with Circular E, "Employer's Tax Guide", Publication 15, as it may be amended. Upon his request, the Page 3 of 6 City Manager shall be provided proof of payment of one or more of these taxes within 15 days of such request. 18.Notice. Notice may be given by hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Joshua Wentworth Address: 1201 Leopard Street 3rd Floor City, State, Zip: Corpus Christi, Texas 78401 Phone: (361) 826-3483 Fax: (361) 826-3174 IF TO CONTRACTOR: Name: GameTime by Total Recreation Products, Inc. Contact Person: Jason Marbach Address: 17802 Grant Road City, State, Zip: Cypress, Texas 77429 Phone: (281) 351 -2402 Fax: (281) 351 -2493 19.Severability. Each provision of this Agreement shall be considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 20.Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification form the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Page 4 of 6 21.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 22.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 CONTRACTOR Signature: Printed Name: Title: RLF,5;P& Date: %�=��� 4e e CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Page 6 of 6 �s ATTACHMENT A: SCOPE OF WORK '1852 SCOPE OF WORK: Scope of Work Company will Provide equipment and installation on selected Playground and Pour in Place fall zone at the following Park 1 ) Installation of Playground will include: • Line Location • Grading for base installation for pour in place surfacing. • Installation of Playground per manufactures instructions. 2) Installation of a 1200 SF concrete slab at 4" thick including: • All material and work to complete forming for concrete slab. • All materials and work to complete reinforcing with wire mesh. • All material and work to complete placement and finish of concrete. • All materials and work to complete clean up. 3) Installation of 1200 SF at required depth per fall height of one pour in place rubber pad including. • All material and work to complete mixing of bonding agent and rubber surfacing. • All material and work to complete placement of pour in place rubber pad. • All material and work to complete clean up. 4) Be aware of surroundings in Park. 5) Contractor will contact Administrator for Scheduling. 6) All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. 7) One CDBG Project Site Sign Page 2 of 16 nrr% ATTACHMENT B: QUOTE/PRICING SCHEDULE C, by Total Recreation Products,Inc. QUOTE ne GalI 17802 Grant Road Cypress,Texas 77429 #80716 Phone: 281-351-2402 Toll Free: 800-392-9909 05/22/2018 + PL4YCORE Gu-nnamF Fax: 281-351-2493 TA-04112-18 Rev 2 City of Corpus Christi- Moody Park City of Corpus Christi Ship To Zip: 78416 Attn: Jose Hernandez 5352 Ayers Building 94 Corpus Christi,TX 78415 Phone: 361-826-3986 Quantity Part# Description Unit Price Amount 1 RDU Game Time -TA-04112-18-1A1 PS16028 $28,942.00 $28,942.00 "Loop Around" 5-12 Unit 1 PIP25588 GT-Impax- 1,200 Sq.Ft.Pour In Place $22,137.50 $22,137.50 Surfacing- Price includes a$3,465.00 discount and freight to Corpus Christi, TX 50%Black150%Standard EPDM Color- Aromatic Binder PREVAILING Davis Bacon Wages 3"System depth to accommodate 6'CFH INSTALLATION SCHEDULE TO BE DETERMINED BY WEATHER CONDITIONS ALLOWING FOR PROPER MATERIAL SET UP AND CURING. QUOTE DOES NOT INCLUDE ANY TENTING OR ARTIFICIAL HEATING Assumes Good Access,No Design,& Sub Base/Site Prep by Others (Quoted separately in this quote) Security&Dumpster Not Included-Should provision of either be required, additional charges will apply. 1 178749 Game Time -Owner's Kit $53.00 $53.00 Page 1 of 2 TA-04112-18 Rev 2 City of Corpus Christi- Moody Park QUOTE #80716 05/22/2018 Quantity Part# Descn'ption Unit Pfice Amount 1 INSTALL Game Time-Installation- $27,427.87 $27,427.87 Installation scope to be performed bX BarCon includes the following items ONLY. 1. GameTime Equipment listed on this quote 2. One(1)Site Sign with CDBG Sign requirements included(as specified in bid documentation) 3. Excavation, Grading, &Spoil Removal for surfacing 4. Reinforced Concrete Slab with Ribbon Curbs No other site work, demolition or concrete work included. Rubber surfacing installation to be provided separately, cost is included in surfacing price line item. Acquisition of any and all permits is the sole responsibility of the customer. Standard installation does not include any extra or additional machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges will apply. Wages will be be Davis Bacon 1 BONDS Game Time -Bonds $1,111.49 $1,111.49 Pricing is per USC Contract#2017001134 Installer to meet truck and unload.Freight Calculated to: SubTotal: $79,671.86 Discount: ($6,946.08) Moody Park Freight: $1,368.19 4600 Castenon Total Amount: $74,093.97 Corpus Christi,TX 78416 Page 2 of 2 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE 4. Contractor must not commence work under this contract until all insurance A required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until al' similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured, during and until completion of the work, on the General liability and (2) 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. Additional insured status for ongoing and completed operations will be provided by subcontractor performing installation. 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 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 S. Independent Contractors Page 4 of 17 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit ). Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment 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. Ill. 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 D--- 9 nF 17 admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- V11. 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. Sox 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, as additional insureds by endorsement with regard to ongoing 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. DI. 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 C..-._ 1 -8 r? 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 payments) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in anyway the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Valid Through 12131/2018 006116 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address(principal place of business): Mailing address(principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Purchasing Division 1201 Leopard Street 4t" Floor Surety is a corporation organized and existing under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Playground Telephone(main number): Equipment and Installation for Moody Park No. 1719 Telephone (fornotice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price:$74,093.97 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) The address of the surety company to which any Said Principal and Surety have signed and sealed notice of claim should be sent may be obtained from the Texas Dept.of Insurance by calling the this instrument in 4 copies,each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form Playground Equipment and Installation 006116-1 for Moody Park No. 1719 Rev.01--13-2016 Page 1 of 2 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,Jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach PowerofAttorney and place suretyseal below) END OF SECTION Payment Bond Form 00 61 16—1 Playground Equipment and Installation Rev.01-13-2016 for Moody Park No. 1719 Page 2 of 2 ATTACHMENT D: WARRANTY REQUIREMENTS Will require 90-day Warranty on Workmanship. One year manufacture warranty on material. Page 8 of 17 �nsn ATTACHMENT E: FEDERAL REQUIREMENTS FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-01 Breach of Contract Terms FR-02 Termination of Contract FR-03 Equal Employment Opportunity-41 CFR Part 60-1.4(b) FR-04 Standard Federal Equal Employment Opportunity Construction Contract Specifications— 41 CFR Part 60.4.3 FR-05 Copeland Anti-Kickback Act 29 CFR Part 5 FR-06 Davis-Bacon Labor Requirements 29 CFR part 5 FR-07 Contract Work hours and Safety Standards Act Requirements FR-08 Regulations Pertaining to Reporting FR-09 Rights to Inventions FRA 0 Access to Records and Record Retention FRA 1 Clean Air and Water Pollution Control FRA 2 Energy Conservation Requirements FRA3 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FRA4 Lobbying and Influencing Federal Employees FRA 5 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses (MIWBE) FR-18 Accessibility Section 504 Compliance FRA 9 Texas Architectural Barriers Act FR-20 rug Free Workplace Requirements FR-21 Field Requirements I Page 1 of 45 FEDERAL REQUIREMENTS: FR-01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5.12. Page 2 of 46 FEDERAL REQUIREMENTS: FR-02 TERMINATION OF CONTRACT a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the Clty's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Reference:49 CFR Part 18.36(i)(2) Page 3 of 46 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY- Executive Order 11246 as amended 41 CFR PART 60-1.4(b1 During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3.The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulation,or order of the Secretary of Labor, or as otherwise provided by law. 7.The contractor will include the provisions of paragraphs(1)through(7)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by EO 11375 of Oct 13, Page 4 of 46 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230) SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and t1leir proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training,with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966.1970 Comp., p, 684; EO 12086 of Oct. 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p.230 Reference:Executive Order 11246& Title 41 CFR Part 60-1.4 Page 5 of 46 FEDERAL REQUIREMENTS: FR-04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS -41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3)Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4)American Indian or Alaskan native(all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the speck affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications.The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal Page 6 of 46 procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. £. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation,and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor,where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union,a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor,orwhen the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. Page 7 of 46 g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. L Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices,job classifications,work assignments,and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8.Contractors are encouraged to participate in voluntary associations,which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and Page 8 of 46 failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner(for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall cavy out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference:Executive Order 11246& Title 41 CFR Part 60—4.3 Page 9 of 46 FEDERAL REQUIREMENTS: FR-05 COPELAND "ANTI-KICKBACK" ACT— 18 U.S.C. 874140 U.S.C. 276c 129 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment,or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than$5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874(June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure)shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950(15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies,and cause to be made by the Department of Labor such investigations,with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." Page 10 of 46 FEDERAL REQUIREMENTS: FR-06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010) DAVIS- BACON REQUIREMENTS Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: hUI2://www.dol.gov/whd/contracts/dbra.htm Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act(29 CFR Part 3)),the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv);also,regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a)Any class of laborers or mechanics, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. Page 11 of 46 (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30- day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs(1)(ii) (b)or(c)of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to David-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. Page 12 of 46 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215- 0017.) (ii) (a) The contractor shall submit weekly, for each week in which any contract work is performed,a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be,for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i).This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be maintained under CFR 5.5(a)(3)(i) above and that such information is correct and complete; (2)That each laborer and mechanic(including each helper,apprentice and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its Page 13 of 46 designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding joumeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually Page 14 of 46 performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6.Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and HUD,the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ...., influencing in any way the action of such Administration....makes, utters or publishes any statement knowing the same to be false.....shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable Page 15 of 46 shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference: Title 29 CFR Part 5.5 WAGE RATES Page 16 of 46 36021MV "Fr-'J1ww'xv+dd 9avJ'wcWJ!;"07*1w.�stAconJLX3' dvG?1=0 General Decision Number: TX170031 01/05/2917 TX31 Superseded General Decision Number: TX2016e031 State: Texas [onsTructlon Type: Hcavy Counties: Nueces and San Patricio Counties In Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and water Line Construction and Drainage Projects) Note: Under Executive Order (EO) 13658, a--ti hourly minimum wage Of $10.Z6 for calendar year 2817 applies to all contracts subject to the Davis-Baron Act for which the contract is a.rarded (and any solicitation was issued) on or after January 1, 2815. Tf this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wake determination At least $10,28 per hour (ar The applicable wage rate listed on this wage determination, if it is higher) tar all hours spent pertorming oo the contract in calendar year 2017. The EO mini=m wage rate will Ge adjusted Annually. Additional information on contractor requirements and worker protections under the EO is available at kww.dol.gov/whd/govcontracts. e-odification Number Publication Bate e 62/06/2817 SUTX1927-eel 12/ei/1487 Rates Fringes CARPENTER (Excluding Form 5etxJng) . . . . . . . . . . .. . . . . . . . . . . . .x 9.65 Concrete Finisher. . . . . . . . . . . . . . . . 7.51 ELECTRICIAN. . . . . .. . .. . . . . . .. . . . . . 13. 37 2.58 aborersc Cotroon. . . .. . .. .. . . . . . . . . . ..i; 7.25 Utility. . . .. .. .. . . . . . . . . . . ..S 7.68 Po %-r equipment operators: Sackhoe. . . . . .. .. . .. . .. . . .. . .$ 9.21 Motor Grader. . _ . . . .... . . . ..c� s.72 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft perfor-ling operation to rhicts welding is incadentai _ -..--------t+rza aaa=====�o3zzssYs date: Executive Order {EO) 13766, Establishing Paid Sick Leave for Federal Contractors applies to all c❑nmracts subject to the Davis-Bacon Act fv7 which the contract is awarded (and any solicitation was lssugd) on or after January 1, 2817. if this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their F�s�1wv��.r��_o1 gorA►cldligz�davlsbacart'i?C3i.clrbir�d Page 17 of 46 3.2111cl1 frr;ra�4v�w:n:`c:{ vlw IrzLaS�w:l�ir:4.baraa.X3' L"rb7.r0 OW illness, injury or other health-related n(-ods, including preventive ca-c; to assist a family m_sber (or persnn w:1-a is like family rc the employee) who is ill, =nia-•ed, or has other health related epds, nclR:ding prove-tive ca-e; or fcr reaSOWi resulting frog, or to assist 3 -Family member (or person'. who is like family to the employer) who is a victiin cf, domeslic violence, sexual assault, or stalking. Additional trforrration on centr•actur require"ents and wcrker protortions under the EQ is available at -rrr,r,;.drrl.govfwhd/poveor.t-arts. Unlisted c3assifir.at'1nns riecaded far- work tar included withir tf•e fcapc of the c1s--aifir.-vr1nn5 lltktrd nny be added after award only as provided in the labor' stand.rr s contract clauses The body of each Frage determination lists the classification and wage rakes that have been -Fouad to be pr•eLalling for the cited tYP£(5) ori• construction in the area cavfre.: by the gage determination. 'rhe C14-K51ficaticns are listed in al.phabetica: order or "identifiers" that inrlirate wrether the particular• rare i; a union rate (current union negntiateij rate for local' a survey rate (weiChted average rate; or a rrrinn average rate. . (weighted union average rite) . Union Rate identifiers A Four letter cla,sification abbreviation identifier enclosed in dotted lines beginning with characters otner than "5U- cr "UAVG" denotes that the U-1091 classificetion and rate were prevailing for that classification in ite survey. Example: PLUM019H R05 F17/81/2024. PLUM is an abbreviation identifier of 'Cite union wnicn, prevaliec xn the survey tar, tlrl,s classification, which in this exanpls would be Plunber•s. 0398 indicates the locals union number or district council number where applicable, ?.e., Plumbers Local e19F1. the next rucber, 005 in the ex=plre, is an internal number used in rroressing the wage deterr. ration. $7/02/2e24 is the effective date of th-- must cur•rert *negotiated rate, whlrh in this example is July 1, 2014_ union prevailing tiage rates are updated to rete l ec" a.l 3 vALe changes in the C011Octive bargaining agr-eenEnt (LLA) Fuser ning this classification and rate. Survey Rete Ider:tifiers Classificat=ons listed'' under 'th+` "SFJ" identifier indicate that no o-te rtitu rrevayled for this classificatien in the survey and the publi,hed rate is derived by computirvS .a weighted average rate based on all the rates reported in the survey fur• that ciassi=:cation. As this weighted average rate includes all rates reported in the survey, it, may include both ur:;oz and non union rates. Example: 5uLA20t7.-00! 5113/7.024. 511 indicates 4he rates are survey rates based on a weighted average caliulat;an c-F rates and are not -wajority rates. LA indicates the state of Louisiana. 2012 is the year of survey on which these classi-FEcations and rates are based. The next nu=ber, 007 in the example, is an Internal number used in producing the wage determiratior_ 5/13/201& 1-nd'cates the survey carnpletior dare for the classifications and rates und- - that identifier. ttir,-e"+waw.OYdd,ga:yvoctisra:c..lLTrlsflacorf'FX.M'-'Vb?\wD Page 18 of 46 3121.29t7 nflpsXrvww l. ,vl+rdd;SCahlesk]a,isbaccnq-X01.dvG71: o Survey wage rates are nut updated and recLain in effect until a new survey is conducted. Union Average Rate Ide-tiflers Classifications) listed under the UA$1G identi-Fier indicate that no single rajarity rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. L WIPLE- UALVG-OH-0019 e8/29l2914. UAV6 indicates that the rate is a weighted u-,iar average rate. OH indicates the state. The next numbe~, 0018 it the example, is an internal numbe-~ used in producing the wage determination. 08/29/2014 indicates the survey completion date For the clasSlficatlugts and rates under that identifier. A UA%fG rate will be updated once a year, usually in January of mach year, to reflect a weighted average of the current negotlatod/C8A rate of U--e union locals +ram which the rate is based. -------------------------------------------------------------- WAGE DETERMINATION APPEA: 5 PROCESS 1.) Has there been an initial decision in the aatter7 this ca- be: • an existing publ.is'Lied wage determiration • a survey underlying a wage determir.atian * a Wage and Hour Division :letter setting forth a position on a wage dettrmination matter • a conformance (addltional classification and rate) ruling An survey related matters, initial contact, including requests for summaries of su.-veys, should be .41.0 the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-BaCon survey progra-ei. if the response frQa this initial contact is net satisfactory, then the process described in 2-) and 3.) should be followed. With rogard to any other matter not yet ripe for the fcrnal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to, Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of labor 290 constitution Avenue, N.W. Washington, DC 28210 2.) if the answer to the question in, 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the wage and Hour Ad 1 ni5tratD- (5ee 29 CFR Part 1.8 and 29 CFR Part 7). write to: Wage and Flour Adainlstrator U.S. Department of Labor 20e Constitution Avenue, N.W. washing-ton, DC 2021a The request should be accompanied by a full statement of the interested party's position and by any infamation (wage h9mjtwwwwdad.cu.*.' .chr.71r-0 Page 19 of 46 Y�M]17 W.15,WW w +Jl 7,'lkt f5c�fie�s zrist:3c +T 3i vb'�r=D paYnent data, project description, area practice material, etc.) that the requestor considers relevart to the issue, 3. ) if the decisian of the Adainktrator is nut favorable, an intereslod party may appeal directly to the AdMistrative Review Hoard (formerly the Wage Appeals Board) . Write to: Administrative Review Boar(I U& Department of Labor 200 Constitution Avenue, NX w5hinfon, DG 20210 4. ) All decisions by the AdTibstrative Review ooard are final. END OF GENERAL DECISION Page M 5 46 FEDERAL REQUIREMENTS: FR-07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph(1)of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1)through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1)through (4)of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et sea. The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference:29 CFR Part 5.5&Advisory Circular 950/5100-6d Page 21 of 46 FEDERAL REQUIREMENTS: FR-08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of$10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families.Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number(with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic/gender character of the owner(s)and controller(s)of 51%of the business.When 51% or more is not owned and controlled by any single racial/ethnic/gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided,the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. 7f. Contractor Identification (ID) Number: Enter the Employer(IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. Page 22 of 46 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A_ Section 3 contractor subcontractor is a business concern that provides economic opportunities to low-and very low-income residents of the metropolitan area(nonmetropolitan county), including a business concern that is 51 percent or more owned by low-or very low- income residents; employs a substantial number of low- or very low-income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. The terms "low-income persons" and "very low-income persons" have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families(including single persons)whose incomes do not exceed 80 per centum of the median income for the area,as determined by the Secretary,with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low-Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. INSTRUCTIONS FOR: FORM HUD-60002, Section 3 Summary Report, Economic Opportunities for Low-and Very Low-Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968_ The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937;or(3)modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of$200,000 expended for: (1)housing rehabilitation(including reduction and abatement of lead- based paint hazards); (2) housing construction; or(3) other public construction projects; and to contracts and subcontracts in excess of$100,000 awarded in connection with the Section-3- covered activity. Form HUD-60002 has three parts,which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low-and very low-income persons.'A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. Page 23 of 46 The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the "Program Code" in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other' includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the projectiprogram. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part ill. Summary of Efforts—Self-explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs11HAs are to report all contracts/subcontracts. *The terms"low-income persons"and very low-income persons"have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons Page 24 of 46 mean families(including single persons)whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families(including single persons)whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. 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O L 3 r r M�n V S t 0 Page 26 of 46 Section 3 Summary Report U.S,Department of Housing OMB Approval No 2529-0043 Economic Opportunities for and Urban Development (exp 1113012010) Low—and Very Law-Income Persons Office of Fair Housing And Equal Opportunity HUD Field Office:Section bank of page far Public Reporting Burden statement HUD field Office: 1 Recipient Name d Addrn s Isa.r,t;,city.slate.zip? 2 Federal Identicstiai' (grant eZ j 3. Total Amount of Award: 4 Contact Person 5.Phone (Include area code) 6 Length of Grant 7 Reporting Period: 8.Date Report Submitted 9.Program Code rasa separate sheet 10 Program Name. for each program code] Part I: Employment and Training "Columns B.C and F are mandatory fields Include New Hires in E&F A B C D E F Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hues Hires that are of Staff Flours of New Hvm far Section 3 Employees Trainees Sec 3 Residents that am See 3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other List 'total Program Codes 3=PubkAndian Housing 4=Homeless Assistance B=CDBG State Administered 1 a Flealble Subsidy A=Development 5=HOME 9=Other CD Programs 2=Sectlan 2021811 8=Operatieri 6=HOME State Administered 10•Other Housing Programs Page 1 of 2 form HUD 60=(6/2001) Ref 24 CFR 135 Page 27 of 46 Part II: Contracts Awarded 1. Constriction Contracts. A. Total dollar amount of all contracts awarded on the pmJect $ 8 Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving contravts 2. Nan-Construction Contracts. A Total dollar amount all non-consiruction contracts awarded on the pro.cctlactivity 5 B Total dollar amount of non-construction contracts award-2d to Section 3 busincsse s g C Percentage of the total dollar amount that was awarded to section 3 businessE s % D Total number of Section 3 businesses receiving non-conttrudion contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs to the greatest extent feasible, toward low-and very low-income persons, particularly those who are recipients of government assistance for housing (Check all that apply) Attempted to recruit low-income residents through: local advertising media,signs prom nently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolilan county)in which the Section 3 covered program or project is located,or similar methods Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area In which the Section 3 covered project is located. Other;describe below. Public reporting for this collection of information is estimated to average 2 hours per response,including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB number Section 3 of the housing and Urban Development Act of 1968,as amended.12 U.S.C.1701u mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low•and very-low Income persons,particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients compliance with Section 3,to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1592. An assurance of confidentiality Is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions Data is cumulative;personal identifying information Is not included, Page 2 of 2 form HUE)60o02(112010' Ref 24 CFR 135 Page 28 of 46 FEDERAL REQUIREMENTS: FR-9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference: Title 99 CFR Part 18.36(i)(8) Page 29 of 46 FEDERAL REQUIREMENTS: FR-10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system.The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative's access to any books,documents, papers,and records of the contractorwhich are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference- Title 48 CFR Part 18.36N Page 30 of 46 FEDERAL REQUIREMENTS: FRA 1 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency(EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq.and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c.That, as a condition for the award of this contract,the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Reference: Clean Air Act(42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.) as amended, (49 CFR Part 18.36(i) (12) & Section 306 of the Clean Air Act& Section 508 of the Clean Wafer Act Page 31 of 46 FEDERAL REQUIREMENTS: FR-12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Public Law 94-163). Reference: Title 48 CFR Part 18.36&Public Law 94-163 Page 32 o6 46 FEDERAL REQUIREMENTS: FR-13 CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29&FAA Order 5900.38C Page 33 of 46 FEDERAL REQUIREMENTS: FR-14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Reference: Title 49 CFR Part 20,Appendix A Page 34 of 46 FEDERAL REQUIREMENTS: FR-14 CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29&FAA Order 5100.38C Page 35 of 46 FEDERAL REQUIREMENTS: FR-15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall,to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section Page 36 of 46 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of"upward mobility", "bridge" and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c) Other business related economic opportunities. (1)A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident- owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low-income persons. (2)A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources,and skills for joint profit,but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C[Reserved] Page 37 of 46 FEDERAL REQUIREMENTS: FR-16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan {AAP} must be submitted by the prime contractor and all subcontractors who have subcontracts of $10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. Poge 38 of 46 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (MIWBE) The Contractor will do the best efforts to afford small business (Section 3(a) of the Small Business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women)the maximum practicable opportunity to participate in the perfonnance of this project. Page 39 of 46 -w _ !.ti ' L n : - [IF * i1 s iff i l - m FEDERAL REQUIREMENTS: FR-19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers , Government Code Chapter 469.-The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) Page 41 of 46 FEDERAL REQUIREMENTS: FR-20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees(including individuals)of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. Page 42 of 46 FEDERAL REQUIREMENTS:-FR-21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis-Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub-contractors'Affirmative Action Plans when applicable. Davis-Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis-Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very-Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board. Executive Order 112461: The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti-discrimination policy for this project. Parts II & III of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: An Affirmative Action Plan must be submitted by the prime contractor and all sub-contractors who have sub-contracts of $10,000.00 or more on the project. These plans must be displayed on the project bulletin board for employee view CDBG Proiect Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction. Dimensions and design is attached. The field location will be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite. Affidavit and Waiver of Lien by Contractor: The Contractor must complete,sign and return this waiver with each request for payment. Page 43 of 46 CDBG PROJECT SIGN 8' Now Red PROJECT NAME Background Project Address White Letters CITY OF CORPUS CHRISTI White Community Development Block Grant (CDBG) Background U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Black (HUD) Letters CDBG FUNDS: $ Total Pro'ect Cost: $ Contractor.- Blue Background • - Number-, White Letters 4' _. i ,8- Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of%" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. ?age 44 of 46 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed In plain sight on the job location for the benefit of Interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts,to advise and assist key personnel and staff,and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. will use the HUD Business Registry,as for as possible,in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of$10,000 or more. UTILIZING LOWER INCOME RESIDENTS MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION DEMOTION PAY RATES LAYOFFS ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, relig'an, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: ADDRESS: PHONE NO.: Page 45 of 46 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF Personalty appeared before me, the undersigned authority in and for said State and County, (NamotTitle)of (Name of Company) which firm is hereinafter called"Contractor",who being duly sworn states on oath that he has personal knowledge of the following 1 Contractor has paid in full all debts,obligations. and liabilities(including,without limitation, all debts,obligations,and liabilities for labor, materials,equipment or services,and for all local,state or federal taxes)which have been incurred by Contractor,or which are claimed by others to have been incurred by Contractor, or which have arisen in conjunction with work done,or tabor, materials,equipment or services furnished by Contractor under contract with the City of Corpus Christi on the (Project Name) 2 This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract. In consideration therefor,Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor,materials, equipment or services referred to above. The above statements are made by (Name)of individually and on behalf of the Contractor (Name of Company) (Name and Title) (Company Name) Sworn to and subscribed before me on (Date)_ Notary Public State of Texas Commission Expires END OF FEDERAL REQUIREMENTS Poge 46 of 46 SC G° a h U arrvoaa�eo 1852 Service Agreement No. 1720 Playground Equipment and Installation for South Bluff Park THIS Playground Equipment and Installation for South Bluff Park Service Agreement ("Agreement") is entered into by and between GameTime by Total Recreation Products, Inc. ("Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), by and through its duly authorized City Manager or designee ("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has bid to provide Playground Equipment and Installation for South Bluff Park; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will deliver and install playground equipment for South Bluff Park ("Services") in accordance with this Agreement including all attachments and exhibits, which are incorporated by reference into this Agreement. 2. Term. This Agreement takes effect upon execution of the City Manager and issuance of a notice to proceed and will continue for eight months. 3. Compensation and Payment. This Agreement is for an amount not to exceed $74,093.97, subject to validly authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the contract administrator, who is the Park & Recreation Superintendent or designee ("Contract Administrator"). 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. Page 1 of 6 6. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the city will be given at least 30 days' advance written notice of cancellation, material change in the coverage, or intent not to renew any of the policies. The City must be named as an additional insured during and until completion of the work. Additional insured status for ongoing and completed operations will be provided by Subcontractor performing installation. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if full set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were set out here in its entirety. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. 9. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 10. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for covering such contract item as an expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. Page 2 of 6 11.Waiver. No waiver of any breach of any term or condition of this Agreement, its attachments and exhibits, or the Contractor's response to the RFP ("Exhibit 1 "), which exhibit is incorporated into this Agreement, waives any subsequent breach of the same. 12.Governing Law. This Agreement is subject to all applicable federal, state and local laws, rules and regulations. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 13.Federally Funded Project. This project is subject to Federal Funding. A set of Federal Requirements have been attached as Attachment D for inclusion in this Agreement. The Contractor must be in compliance with these requirements will performing work under this Agreement. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in this contract and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. 14.Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services. 15.Amendments. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. 16.Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in Exhibit A. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days' written notice to the Contractor. However, the City may terminate this Agreement upon three days' written notice to the Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 17.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes in accordance with Circular E, "Employer's Tax Guide", Publication 15, as it may be amended. Upon his request, the Page 3 of 6 City Manager shall be provided proof of payment of one or more of these taxes within 15 days of such request. 18.Notice. Notice may be given by hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand-delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Joshua Wentworth Address: 1201 Leopard Street 3rd Floor City, State, Zip: Corpus Christi, Texas 78401 Phone: (361) 826-3483 Fax: (361) 826-3174 IF TO CONTRACTOR: Name: GameTime by Total Recreation Products, Inc. Contact Person: Jason Marbach Address: 17802 Grant Road City, State, Zip: Cypress, Texas 77429 Phone: (281) 351 -2402 Fax: (281) 351 -2493 19.Severability. Each provision of this Agreement shall be considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 20.Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification form the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Page 4 of 6 21.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 22.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 CONTRACTOR Signature: Printed Name: Title: RLF,5;P& Date: %�=��� 4e e CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Page 6 of 6 �s ATTACHMENT A: SCOPE OF WORK '1852 SCOPE OF WORK: Scope of Work Company will Provide equipment and installation on selected Playground and Pour in Place fall zone at the following Park 1 ) Installation of Playground will include: • Line Location • Grading for base installation for pour in place surfacing. • Installation of Playground per manufactures instructions. 2) Installation of a 1200 SF concrete slab at 4" thick including: • All material and work to complete forming for concrete slab. • All materials and work to complete reinforcing with wire mesh. • All material and work to complete placement and finish of concrete. • All materials and work to complete clean up. 3) Installation of 1200 SF at required depth per fall height of one pour in place rubber pad including. • All material and work to complete mixing of bonding agent and rubber surfacing. • All material and work to complete placement of pour in place rubber pad. • All material and work to complete clean up. 4) Be aware of surroundings in Park. 5) Contractor will contact Administrator for Scheduling. 6) All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. 7) One CDBG Project Site Sign Page 2 of 16 nrr% ATTACHMENT B: QUOTE/PRICING SCHEDULE by Total Recreation Products,Inc. QUOTE �AOMOTIMG=), 17802 Grant Road Cypress,Texas 77429 #80684 Phone:281-351-2402 Toll Free: 800-392-9909 05-22.:2018 • LA ;ORE —P-f Fax: 281-351-2493 TA-04114-18 Rev 2 City of Corpus Christi-South Bluff Park City of Corpus Christi Ship To Zip: 78408 Attn: Jose Hernandez 5352 Ayers Building#4 Corpus Christi,TX 78415 Phone: 361-826-3986 Quantity Part# Description I RDU Game Time- TA-04114-18-1 A 1 PSI 602 8 S28,942.00 528,942.00 "Loop Around" 5-12 Unit t PIP25591 GT-Impax- 1,200 Sq.Ft. Pour In Place 522,137.50 S22,137.50 Surfacing- Priee includes a 53,465.00 discount and freight to Corpus Christi. TX 50"n Blac1J50%Standard EPDAI Color- Aromatic Binder PREVAILING Duch 1Jac011 11 age+ 3"S}°stem depth to accoininodate 6'CFII INSTALLATION SCHEDULE TO BE DETERMINED BY WEATHER CONDITIONS ALLOWING FOR PROPER MATERIAL SET UP AND CURING_ QUOTE DOES NOT INCLUDE ANY TENTING OR ARTIFICIAL HEATING Assumes Good Access,No Design,&Sub Base/Site Prep by Others (Quoted separately in this quote) .Security& Dunilwer lot Included-Ahrurld prop khm i f either be required, additional clrar�eti hill apply. 1 178749 Game Time-Owners Kit 553.00 S53.00 Page 1 of 2 TA-04114-18 Rev 2 City of Corpus Christi -South Bluff Park QUOTE #80684 0512212018 Quantity- I INSTALL Game Time- Installation- S27,427.87 527,427.87 Installation scope(to be perfnrnied by' Bar on includes thefollowirig items ONLY. 1. Gain eTime Equipment listed on this quote 2. One(1)Site Sign with CDBG Sign requirements inchrded(as specified in bid documentation) 3. Excavation, Grading, &Spoil Removal for sra facing 4_ Reinforced Concrete Slab with Ribbon Curbs No other site tis-ork, demolition or concrete work inchrded Rubber surfacing installation to be provided separately,cost is included in surfacing price line item. 1i qui%ition uf'anJ and all permitk A thv %rple reyrrm�ibili{r eq'rhe cur+Yrrtner. Standard installation does not include any extra or additional machinery,drillers, etc., for rock excavation. If rock conditions are encountered, additional charges will apply. Wages will be be Davis Bacon I BONDS GT-Impax-Bonds S1,111.49 S1,111.49 Pricing is per USC Contract#2017001134 Installer to meet truck and unload. Freight Calculated to-. SubTotal; 579,671.86 Discount. (56,946.08) South Bluff Park Freight: 51,368.19 500 Tanchua Total Amount: $74,093.97 Corpus Christi,TX 78408 Page 2 of 2 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE 4. Contractor must not commence work under this contract until all insurance A required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until al' similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured, during and until completion of the work, on the General liability and (2) 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. Additional insured status for ongoing and completed operations will be provided by subcontractor performing installation. 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 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 S. Independent Contractors Page 4 of 17 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit ). Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment 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. Ill. 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 D--- 9 nF 17 admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- V11. 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. Sox 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, as additional insureds by endorsement with regard to ongoing 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. DI. 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 C..-._ 1 -8 r? 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 payments) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in anyway the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Park Equipment and Installation 01/18/2018 sw Risk Management Valid Through 12131/2018 006116 PAYMENT BOND BOND NO. Contractor as Principal Surety Name: Name: Mailing address(principal place of business): Mailing address(principal place of business): Physical address (principal place of business): Owner Name: City of Corpus Christi,Texas Mailing address(principal place of business): Purchasing Division 1201 Leopard Street 4t" Floor Surety is a corporation organized and existing under the laws of the state of: Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and Contract its license to execute bonds in the State of Texas. Project name and number: Playground Telephone(main number): Equipment and Installation for South Bluff Park No. 1720 Telephone (fornotice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Contract Price:$74,093.97 Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) The address of the surety company to which any Said Principal and Surety have signed and sealed notice of claim should be sent may be obtained from the Texas Dept.of Insurance by calling the this instrument in 4 copies,each one of which shall following toll-free number.1-800-252-3439 be deemed an original. Payment Bond Form Playground Equipment and Installation 006116-1 for South Bluff Park No, 1720 Rev.01--13-2016 Page 1 of 2 Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves,and their heirs,administrators, executors,successors and assigns,Jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach PowerofAttorney and place suretyseal below) END OF SECTION Payment Bond Form 00 61 16—1 Playground Equipment and Installation Rev.01-13-2016 for South Bluff Park No. 1720 Page 2 of 2 ATTACHMENT D: WARRANTY REQUIREMENTS Will require 90-day Warranty on Workmanship. One year manufacture warranty on material. Page 8 of 17 �nsn ATTACHMENT E: FEDERAL REQUIREMENTS FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-01 Breach of Contract Terms FR-02 Termination of Contract FR-03 Equal Employment Opportunity-41 CFR Part 60-1.4(b) FR-04 Standard Federal Equal Employment Opportunity Construction Contract Specifications— 41 CFR Part 60.4.3 FR-05 Copeland Anti-Kickback Act 29 CFR Part 5 FR-06 Davis-Bacon Labor Requirements 29 CFR part 5 FR-07 Contract Work hours and Safety Standards Act Requirements FR-08 Regulations Pertaining to Reporting FR-09 Rights to Inventions FRA 0 Access to Records and Record Retention FRA 1 Clean Air and Water Pollution Control FRA 2 Energy Conservation Requirements FRA3 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FRA4 Lobbying and Influencing Federal Employees FRA 5 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses (MIWBE) FR-18 Accessibility Section 504 Compliance FRA 9 Texas Architectural Barriers Act FR-20 rug Free Workplace Requirements FR-21 Field Requirements I Page 1 of 45 FEDERAL REQUIREMENTS: FR-01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5.12. Page 2 of 46 FEDERAL REQUIREMENTS: FR-02 TERMINATION OF CONTRACT a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the Clty's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Reference:49 CFR Part 18.36(i)(2) Page 3 of 46 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY- Executive Order 11246 as amended 41 CFR PART 60-1.4(b1 During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3.The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulation,or order of the Secretary of Labor, or as otherwise provided by law. 7.The contractor will include the provisions of paragraphs(1)through(7)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by EO 11375 of Oct 13, Page 4 of 46 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230) SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and t1leir proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training,with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966.1970 Comp., p, 684; EO 12086 of Oct. 5, 1978,43 FR 46501, 3 CFR, 1978 Comp., p.230 Reference:Executive Order 11246& Title 41 CFR Part 60-1.4 Page 5 of 46 FEDERAL REQUIREMENTS: FR-04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS -41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3)Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4)American Indian or Alaskan native(all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the speck affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications.The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal Page 6 of 46 procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. £. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation,and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor,where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union,a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor,orwhen the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. Page 7 of 46 g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. L Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices,job classifications,work assignments,and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8.Contractors are encouraged to participate in voluntary associations,which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and Page 8 of 46 failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner(for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall cavy out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference:Executive Order 11246& Title 41 CFR Part 60—4.3 Page 9 of 46 FEDERAL REQUIREMENTS: FR-05 COPELAND "ANTI-KICKBACK" ACT— 18 U.S.C. 874140 U.S.C. 276c 129 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment,or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than$5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874(June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure)shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950(15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies,and cause to be made by the Department of Labor such investigations,with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." Page 10 of 46 FEDERAL REQUIREMENTS: FR-06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010) DAVIS- BACON REQUIREMENTS Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: hUI2://www.dol.gov/whd/contracts/dbra.htm Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act(29 CFR Part 3)),the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv);also,regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a)Any class of laborers or mechanics, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. Page 11 of 46 (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30- day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs(1)(ii) (b)or(c)of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided,That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to David-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. Page 12 of 46 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215- 0017.) (ii) (a) The contractor shall submit weekly, for each week in which any contract work is performed,a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be,for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i).This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be maintained under CFR 5.5(a)(3)(i) above and that such information is correct and complete; (2)That each laborer and mechanic(including each helper,apprentice and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its Page 13 of 46 designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice.The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding joumeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually Page 14 of 46 performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6.Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and HUD,the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ...., influencing in any way the action of such Administration....makes, utters or publishes any statement knowing the same to be false.....shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable Page 15 of 46 shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference: Title 29 CFR Part 5.5 WAGE RATES Page 16 of 46 36021MV "Fr-'J1ww'xv+dd 9avJ'wcWJ!;"07*1w.�stAconJLX3' dvG?1=0 General Decision Number: TX170031 01/05/2917 TX31 Superseded General Decision Number: TX2016e031 State: Texas [onsTructlon Type: Hcavy Counties: Nueces and San Patricio Counties In Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and water Line Construction and Drainage Projects) Note: Under Executive Order (EO) 13658, a--ti hourly minimum wage Of $10.Z6 for calendar year 2817 applies to all contracts subject to the Davis-Baron Act for which the contract is a.rarded (and any solicitation was issued) on or after January 1, 2815. Tf this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wake determination At least $10,28 per hour (ar The applicable wage rate listed on this wage determination, if it is higher) tar all hours spent pertorming oo the contract in calendar year 2017. The EO mini=m wage rate will Ge adjusted Annually. Additional information on contractor requirements and worker protections under the EO is available at kww.dol.gov/whd/govcontracts. e-odification Number Publication Bate e 62/06/2817 SUTX1927-eel 12/ei/1487 Rates Fringes CARPENTER (Excluding Form 5etxJng) . . . . . . . . . . .. . . . . . . . . . . . .x 9.65 Concrete Finisher. . . . . . . . . . . . . . . . 7.51 ELECTRICIAN. . . . . .. . .. . . . . . .. . . . . . 13. 37 2.58 aborersc Cotroon. . . .. . .. .. . . . . . . . . . ..i; 7.25 Utility. . . .. .. .. . . . . . . . . . . ..S 7.68 Po %-r equipment operators: Sackhoe. . . . . .. .. . .. . .. . . .. . .$ 9.21 Motor Grader. . _ . . . .... . . . ..c� s.72 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft perfor-ling operation to rhicts welding is incadentai _ -..--------t+rza aaa=====�o3zzssYs date: Executive Order {EO) 13766, Establishing Paid Sick Leave for Federal Contractors applies to all c❑nmracts subject to the Davis-Bacon Act fv7 which the contract is awarded (and any solicitation was lssugd) on or after January 1, 2817. if this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their F�s�1wv��.r��_o1 gorA►cldligz�davlsbacart'i?C3i.clrbir�d Page 17 of 46 3.2111cl1 frr;ra�4v�w:n:`c:{ vlw IrzLaS�w:l�ir:4.baraa.X3' L"rb7.r0 OW illness, injury or other health-related n(-ods, including preventive ca-c; to assist a family m_sber (or persnn w:1-a is like family rc the employee) who is ill, =nia-•ed, or has other health related epds, nclR:ding prove-tive ca-e; or fcr reaSOWi resulting frog, or to assist 3 -Family member (or person'. who is like family to the employer) who is a victiin cf, domeslic violence, sexual assault, or stalking. Additional trforrration on centr•actur require"ents and wcrker protortions under the EQ is available at -rrr,r,;.drrl.govfwhd/poveor.t-arts. Unlisted c3assifir.at'1nns riecaded far- work tar included withir tf•e fcapc of the c1s--aifir.-vr1nn5 lltktrd nny be added after award only as provided in the labor' stand.rr s contract clauses The body of each Frage determination lists the classification and wage rakes that have been -Fouad to be pr•eLalling for the cited tYP£(5) ori• construction in the area cavfre.: by the gage determination. 'rhe C14-K51ficaticns are listed in al.phabetica: order or "identifiers" that inrlirate wrether the particular• rare i; a union rate (current union negntiateij rate for local' a survey rate (weiChted average rate; or a rrrinn average rate. . (weighted union average rite) . Union Rate identifiers A Four letter cla,sification abbreviation identifier enclosed in dotted lines beginning with characters otner than "5U- cr "UAVG" denotes that the U-1091 classificetion and rate were prevailing for that classification in ite survey. Example: PLUM019H R05 F17/81/2024. PLUM is an abbreviation identifier of 'Cite union wnicn, prevaliec xn the survey tar, tlrl,s classification, which in this exanpls would be Plunber•s. 0398 indicates the locals union number or district council number where applicable, ?.e., Plumbers Local e19F1. the next rucber, 005 in the ex=plre, is an internal number used in rroressing the wage deterr. ration. $7/02/2e24 is the effective date of th-- must cur•rert *negotiated rate, whlrh in this example is July 1, 2014_ union prevailing tiage rates are updated to rete l ec" a.l 3 vALe changes in the C011Octive bargaining agr-eenEnt (LLA) Fuser ning this classification and rate. Survey Rete Ider:tifiers Classificat=ons listed'' under 'th+` "SFJ" identifier indicate that no o-te rtitu rrevayled for this classificatien in the survey and the publi,hed rate is derived by computirvS .a weighted average rate based on all the rates reported in the survey fur• that ciassi=:cation. As this weighted average rate includes all rates reported in the survey, it, may include both ur:;oz and non union rates. Example: 5uLA20t7.-00! 5113/7.024. 511 indicates 4he rates are survey rates based on a weighted average caliulat;an c-F rates and are not -wajority rates. LA indicates the state of Louisiana. 2012 is the year of survey on which these classi-FEcations and rates are based. The next nu=ber, 007 in the example, is an Internal number used in producing the wage determiratior_ 5/13/201& 1-nd'cates the survey carnpletior dare for the classifications and rates und- - that identifier. ttir,-e"+waw.OYdd,ga:yvoctisra:c..lLTrlsflacorf'FX.M'-'Vb?\wD Page 18 of 46 3121.29t7 nflpsXrvww l. ,vl+rdd;SCahlesk]a,isbaccnq-X01.dvG71: o Survey wage rates are nut updated and recLain in effect until a new survey is conducted. Union Average Rate Ide-tiflers Classifications) listed under the UA$1G identi-Fier indicate that no single rajarity rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. L WIPLE- UALVG-OH-0019 e8/29l2914. UAV6 indicates that the rate is a weighted u-,iar average rate. OH indicates the state. The next numbe~, 0018 it the example, is an internal numbe-~ used in producing the wage determination. 08/29/2014 indicates the survey completion date For the clasSlficatlugts and rates under that identifier. A UA%fG rate will be updated once a year, usually in January of mach year, to reflect a weighted average of the current negotlatod/C8A rate of U--e union locals +ram which the rate is based. -------------------------------------------------------------- WAGE DETERMINATION APPEA: 5 PROCESS 1.) Has there been an initial decision in the aatter7 this ca- be: • an existing publ.is'Lied wage determiration • a survey underlying a wage determir.atian * a Wage and Hour Division :letter setting forth a position on a wage dettrmination matter • a conformance (addltional classification and rate) ruling An survey related matters, initial contact, including requests for summaries of su.-veys, should be .41.0 the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-BaCon survey progra-ei. if the response frQa this initial contact is net satisfactory, then the process described in 2-) and 3.) should be followed. With rogard to any other matter not yet ripe for the fcrnal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to, Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of labor 290 constitution Avenue, N.W. Washington, DC 28210 2.) if the answer to the question in, 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the wage and Hour Ad 1 ni5tratD- (5ee 29 CFR Part 1.8 and 29 CFR Part 7). write to: Wage and Flour Adainlstrator U.S. Department of Labor 20e Constitution Avenue, N.W. washing-ton, DC 2021a The request should be accompanied by a full statement of the interested party's position and by any infamation (wage h9mjtwwwwdad.cu.*.' .chr.71r-0 Page 19 of 46 Y�M]17 W.15,WW w +Jl 7,'lkt f5c�fie�s zrist:3c +T 3i vb'�r=D paYnent data, project description, area practice material, etc.) that the requestor considers relevart to the issue, 3. ) if the decisian of the Adainktrator is nut favorable, an intereslod party may appeal directly to the AdMistrative Review Hoard (formerly the Wage Appeals Board) . Write to: Administrative Review Boar(I U& Department of Labor 200 Constitution Avenue, NX w5hinfon, DG 20210 4. ) All decisions by the AdTibstrative Review ooard are final. END OF GENERAL DECISION Page M 5 46 FEDERAL REQUIREMENTS: FR-07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph(1)of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1)through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1)through (4)of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et sea. The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference:29 CFR Part 5.5&Advisory Circular 950/5100-6d Page 21 of 46 FEDERAL REQUIREMENTS: FR-08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of$10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families.Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number(with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic/gender character of the owner(s)and controller(s)of 51%of the business.When 51% or more is not owned and controlled by any single racial/ethnic/gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided,the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. 7f. Contractor Identification (ID) Number: Enter the Employer(IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. Page 22 of 46 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A_ Section 3 contractor subcontractor is a business concern that provides economic opportunities to low-and very low-income residents of the metropolitan area(nonmetropolitan county), including a business concern that is 51 percent or more owned by low-or very low- income residents; employs a substantial number of low- or very low-income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. The terms "low-income persons" and "very low-income persons" have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families(including single persons)whose incomes do not exceed 80 per centum of the median income for the area,as determined by the Secretary,with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low-Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. INSTRUCTIONS FOR: FORM HUD-60002, Section 3 Summary Report, Economic Opportunities for Low-and Very Low-Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968_ The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937;or(3)modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of$200,000 expended for: (1)housing rehabilitation(including reduction and abatement of lead- based paint hazards); (2) housing construction; or(3) other public construction projects; and to contracts and subcontracts in excess of$100,000 awarded in connection with the Section-3- covered activity. Form HUD-60002 has three parts,which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low-and very low-income persons.'A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. Page 23 of 46 The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the "Program Code" in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other' includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the projectiprogram. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part ill. Summary of Efforts—Self-explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs11HAs are to report all contracts/subcontracts. *The terms"low-income persons"and very low-income persons"have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons Page 24 of 46 mean families(including single persons)whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families(including single persons)whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Page 25 of 46 a uaw c lop I o 9a $v� YIE o g rsU EV C� G C•a 9 s U.y O ❑ .j. f�^ E @ m„ E enFio 'u C a s F. n C6 � 11 1 d C C va CL 3 V U N P �u �u C�3 � m�' a •� � p �� ��j •�� 2S ��- � n zr. x 3 mjj z 'o Q OM E Y x Vl U ti p V t Y p 0 V 'O V tl H7 H p� A � � �^ �• ...N� n»r e o q 4 JA E -3a ra V d far ` E _ c C £'d ,y4ia� w C U d'aw p C 4 Y e '9", ep fi � m p o .� u ria�G ggV c .", E �'0 M-rb10 E J -2 < JC �iC.. `e cra y�T, c• 9j N`" � �n o n �4 �-a} Y Y $ .46 C V T G p C J"^7 •• < ySi ^, C G oP O a s 1 N P 1a it �O L n•a' o T=_ '� y E p n �. Ea ry �` � au� CQ ssu ..: ash e•E z. o Ec'e`n E� Y c 3a 'v a c p^ E F. Ejc ��•E..4 of S O r Oa�.z n oy o c G•� J E �dw .u. rd car Yi d c t•:, v s a _E6 L 7�OYy 7 C 8'vZgl r w d �+ fQ1 R Z �i V W SSj r I Q U V S .4o cnc C n o LIG •a•'-� 79 G w _C >n a Gau�x rn L V T -. y •Y-• �o a fl•IF�w va'14 h $ o G p.YJ' V�•j o00C � C� ` d � U� I pr - � A u � � E� � q ey b _ a ' z rdt ZYBa itxas Yx i.2 r i� .Z. •C O.�. O L 3 r r M�n V S t 0 Page 26 of 46 Section 3 Summary Report U.S,Department of Housing OMB Approval No 2529-0043 Economic Opportunities for and Urban Development (exp 1113012010) Low—and Very Law-Income Persons Office of Fair Housing And Equal Opportunity HUD Field Office:Section bank of page far Public Reporting Burden statement HUD field Office: 1 Recipient Name d Addrn s Isa.r,t;,city.slate.zip? 2 Federal Identicstiai' (grant eZ j 3. Total Amount of Award: 4 Contact Person 5.Phone (Include area code) 6 Length of Grant 7 Reporting Period: 8.Date Report Submitted 9.Program Code rasa separate sheet 10 Program Name. for each program code] Part I: Employment and Training "Columns B.C and F are mandatory fields Include New Hires in E&F A B C D E F Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hues Hires that are of Staff Flours of New Hvm far Section 3 Employees Trainees Sec 3 Residents that am See 3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other List 'total Program Codes 3=PubkAndian Housing 4=Homeless Assistance B=CDBG State Administered 1 a Flealble Subsidy A=Development 5=HOME 9=Other CD Programs 2=Sectlan 2021811 8=Operatieri 6=HOME State Administered 10•Other Housing Programs Page 1 of 2 form HUD 60=(6/2001) Ref 24 CFR 135 Page 27 of 46 Part II: Contracts Awarded 1. Constriction Contracts. A. Total dollar amount of all contracts awarded on the pmJect $ 8 Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving contravts 2. Nan-Construction Contracts. A Total dollar amount all non-consiruction contracts awarded on the pro.cctlactivity 5 B Total dollar amount of non-construction contracts award-2d to Section 3 busincsse s g C Percentage of the total dollar amount that was awarded to section 3 businessE s % D Total number of Section 3 businesses receiving non-conttrudion contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs to the greatest extent feasible, toward low-and very low-income persons, particularly those who are recipients of government assistance for housing (Check all that apply) Attempted to recruit low-income residents through: local advertising media,signs prom nently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolilan county)in which the Section 3 covered program or project is located,or similar methods Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area In which the Section 3 covered project is located. Other;describe below. Public reporting for this collection of information is estimated to average 2 hours per response,including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information This agency may not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB number Section 3 of the housing and Urban Development Act of 1968,as amended.12 U.S.C.1701u mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low•and very-low Income persons,particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients compliance with Section 3,to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1592. An assurance of confidentiality Is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions Data is cumulative;personal identifying information Is not included, Page 2 of 2 form HUE)60o02(112010' Ref 24 CFR 135 Page 28 of 46 FEDERAL REQUIREMENTS: FR-9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference: Title 99 CFR Part 18.36(i)(8) Page 29 of 46 FEDERAL REQUIREMENTS: FR-10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system.The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative's access to any books,documents, papers,and records of the contractorwhich are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference- Title 48 CFR Part 18.36N Page 30 of 46 FEDERAL REQUIREMENTS: FRA 1 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency(EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq.and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c.That, as a condition for the award of this contract,the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Reference: Clean Air Act(42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.) as amended, (49 CFR Part 18.36(i) (12) & Section 306 of the Clean Air Act& Section 508 of the Clean Wafer Act Page 31 of 46 FEDERAL REQUIREMENTS: FR-12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Public Law 94-163). Reference: Title 48 CFR Part 18.36&Public Law 94-163 Page 32 o6 46 FEDERAL REQUIREMENTS: FR-13 CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29&FAA Order 5900.38C Page 33 of 46 FEDERAL REQUIREMENTS: FR-14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Reference: Title 49 CFR Part 20,Appendix A Page 34 of 46 FEDERAL REQUIREMENTS: FR-14 CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29&FAA Order 5100.38C Page 35 of 46 FEDERAL REQUIREMENTS: FR-15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall,to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section Page 36 of 46 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of"upward mobility", "bridge" and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c) Other business related economic opportunities. (1)A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident- owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low-income persons. (2)A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources,and skills for joint profit,but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C[Reserved] Page 37 of 46 FEDERAL REQUIREMENTS: FR-16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan {AAP} must be submitted by the prime contractor and all subcontractors who have subcontracts of $10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. Poge 38 of 46 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES (MIWBE) The Contractor will do the best efforts to afford small business (Section 3(a) of the Small Business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women)the maximum practicable opportunity to participate in the perfonnance of this project. Page 39 of 46 -w _ !.ti ' L n : - [IF * i1 s iff i l - m FEDERAL REQUIREMENTS: FR-19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers , Government Code Chapter 469.-The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) Page 41 of 46 FEDERAL REQUIREMENTS: FR-20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees(including individuals)of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. Page 42 of 46 FEDERAL REQUIREMENTS:-FR-21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis-Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub-contractors'Affirmative Action Plans when applicable. Davis-Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis-Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very-Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board. Executive Order 112461: The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti-discrimination policy for this project. Parts II & III of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: An Affirmative Action Plan must be submitted by the prime contractor and all sub-contractors who have sub-contracts of $10,000.00 or more on the project. These plans must be displayed on the project bulletin board for employee view CDBG Proiect Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction. Dimensions and design is attached. The field location will be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite. Affidavit and Waiver of Lien by Contractor: The Contractor must complete,sign and return this waiver with each request for payment. Page 43 of 46 CDBG PROJECT SIGN 8' Now Red PROJECT NAME Background Project Address White Letters CITY OF CORPUS CHRISTI White Community Development Block Grant (CDBG) Background U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Black (HUD) Letters CDBG FUNDS: $ Total Pro'ect Cost: $ Contractor.- Blue Background • - Number-, White Letters 4' _. i ,8- Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of%" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. ?age 44 of 46 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed In plain sight on the job location for the benefit of Interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts,to advise and assist key personnel and staff,and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. will use the HUD Business Registry,as for as possible,in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of$10,000 or more. UTILIZING LOWER INCOME RESIDENTS MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION DEMOTION PAY RATES LAYOFFS ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, relig'an, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: ADDRESS: PHONE NO.: Page 45 of 46 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF Personalty appeared before me, the undersigned authority in and for said State and County, (NamotTitle)of (Name of Company) which firm is hereinafter called"Contractor",who being duly sworn states on oath that he has personal knowledge of the following 1 Contractor has paid in full all debts,obligations. and liabilities(including,without limitation, all debts,obligations,and liabilities for labor, materials,equipment or services,and for all local,state or federal taxes)which have been incurred by Contractor,or which are claimed by others to have been incurred by Contractor, or which have arisen in conjunction with work done,or tabor, materials,equipment or services furnished by Contractor under contract with the City of Corpus Christi on the (Project Name) 2 This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract. In consideration therefor,Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor,materials, equipment or services referred to above. The above statements are made by (Name)of individually and on behalf of the Contractor (Name of Company) (Name and Title) (Company Name) Sworn to and subscribed before me on (Date)_ Notary Public State of Texas Commission Expires END OF FEDERAL REQUIREMENTS Poge 46 of 46 se w �a o F v AGENDA MEMORANDUM NCORPORP`E Future Item for the City Council Meeting of June 19, 2018 1852 Action Item for the City Council Meeting of June 26, 2018 DATE: June 19, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities Dane @..cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim B2 @..cctexas.com (361) 826-3169 Amendment to Liquid Aluminum Sulfate Supply Agreement CAPTION: Motion authorizing Amendment No. 3 to Supply Agreement No. 1072 with Chemtrade Chemicals US, LLC of Parsippany, New Jersey, for the purchase Liquid Aluminum Sulfate for the Utilities Department, for a total increased amount not to exceed $63,180 and a restated total not to exceed $3,363,260. PURPOSE: The purpose of this Agenda Item is to allow a price increase beginning July 11, 2018 from $117.86 to $122.71 a difference of$4.85 per wet ton and $63,180.00 for the remaining eleven months of the contract for an updated not to exceed amount of$3,363,260.00. BACKGROUND AND FINDINGS: Liquid Aluminum Sulfate is used for water treatment as a primary coagulant. Coagulants cause very fine particles to clump together into larger particles that will either settle out in the sedimentation basins or will be removed by the filters. On May 14, 2018, the City received a letter to increase the price of this chemical from $117.86 to $122.71 per wet ton. The initial contract period was for one year, ending June 11, 2018 and two additional one-year periods. The vendor agreed to hold the pricing at the current rate for the first month to allow staff time to seek approval. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to the City's purchasing policies and procedures and State statues regulating procurement. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year Current Year Future Years TOTALS 2017-2018 Budget $7,924,177.02 $47,385.00 $7,971,562.02 Encumbered / Expended Amount $3,984,911 .19 $0.00 $3,984,911 .19 This item $15,795.00 $47,385.00 $63,180.00 BALANCE $3,923,470.83 $0.00 $3,923,470.83 Fund(s): Water Fund Comments: The eleven-month increase will cost $63,180.00 with the amount of$15,795.00 to be paid from FY2017-18 funds. RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement SC Amendment 1852 MRRPORI City of Corpus Christi Purchasing Department Date: Mune 8, 2018 Supply Agreement No.: 1072-Liquid Aluminum Sulfate Amendment No. 3 Reference: RFB 1072-Liquid Aluminum Sulfate Supply Agreement Current Value: $3,300,080.00 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, Chemtrade Chemicals US, LLC., Parsippany, New Jersey, hereinafter referred to as the Supplier, do hereby make and enter into this Amendment which, together with the Supply Agreement No. 1072 and all other duly executed Amendments, constitutes the entire agreement under the above-referenced Supply Agreement between the City and the Supplier. 1. This Amendment modifies the Agreement as follows: The City is allowing a price increase beginning July 11, 2018 from $117.86 to $122.71 a difference of $4.85 per wet ton and $63,180.00 for the remaining eleven months of the contract. The full value of this Supply Agreement is a not to exceed amount of $3,363,260.00. The Supplier and the City agree to and shall abide by all terms and conditions of the original Supply Agreement and any Amendments to that Agreement, to the extent they are not in conflict with the term of this Amendment. Parul Kachhia-Patel Date Maria Pedraza Date Chemtrade Chemicals US, LLC. Procurement Manager City of Corpus Christi, Texas 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 Grimbso, Executive Director of Public Utilities Meeting Date Agenda Category Legis tar ID June 19, 2018 Resolution 18-0717 June 26, 2018 Agenda Title: Professional Services Contract Amendment- Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute Amendment No. 1 to a professional services contract o With LJA Engineering, Inc. of Corpus Christi, Texas o In the amount of$229,110 o For a total restated fee of$278,596 o For the Whitecap Wastewater Treatment Plant (WWTP) Odor Control, Process & Bulkhead Improvements project SUMMARY ➢ Existing condition — o Original plant capacity—0.5 million gallons per day (MGD) treatment capacity o Current capacity—2.5 MGD o Odor control unit past useful life cycle o Employs chemicals for treatment, not biological methods ➢ Original contract scope: o Preliminary engineering - ■ Investigate odor emission issues ■ Evaluate odor control alternatives ■ Evaluate bulkhead repair/replacement alternatives ➢ Amendment No. 1 scope— o Evaluate sample data o Calculate required airflow o Further evaluate— ■ Odor control alternatives, ventilation controls & process modifications ■ Structural integrity of bulkhead o Prepare plans ands ecificatons for bidding and construction PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Project approved in Capital Improvement Program (CIP) budget ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Location Map ➢ Project Budget ➢ Presentation ➢ Amendment No. 1 FUTURE ACTIONS ➢ Construction Contract Project No.E10053 PM/CJ Rev.0—05/29/18 Item Details Legistar # 18-0717 Professional Services Contract Amendment— Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements Council Meeting Dates: Item Being Considered: Future Item —June 19, 2018 Motion Action Item - June 26, 2018 RECOMMENDATION: Motion authorizing Amendment No. 1 to a professional services contract with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $229,110 for a total restated fee of $278,596 for Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements for design, bid and construction phase services. (Capital Improvement Program - CIP) SUMMARY: The Whitecap Wastewater Treatment Plant provides wastewater treatment service for the City's customers located on Padre Island. The original plant was built to 0.5 million gallons per day (MGD) capacity and has been expanded over the years to 2.5 MGD capacity due to growth on the island. The existing odor control unit has exceeded its useful life cycle and rehabilitation is now required. Also, the existing unit employs chemicals for treatment and new modern odor control units are biological. In July 2016, City staff authorized a professional services contract for preliminary engineering services with LJA Engineering, Inc., to investigate odor emission issues, evaluate odor control alternatives and evaluate bulkhead repair/replacement alternatives. This Amendment allows for additional evaluation for design purposes and to prepare construction plans. The scope of services includes evaluation of sample data; calculate required airflow; evaluate odor control alternatives, ventilation controls, and process modifications; evaluate structural integrity of bulkhead to propose repairs and replacement alternatives; and prepare plans and specifications for bidding and construction. LJA Engineering, Inc. was selected for this project through Request for Qualifications No. 2012-03 Bond Issue 2012 and CIP Projects. PREVIOUS COUNCIL / BOARD ACTIONS: Approved in 2018 Capital Improvement Program (CIP) Budget. Project No. E10053 1 W/O Rev. 1—05/29/18 NUECES BAY N SHIP C SCALE: N.T.S. CORPUS CHRISTI LEOPARD �w/ 286 r O z 3000, = FO CORPUS CHRISTI BAY Q, 9 y3 PROJECT LOCATION 3=� M�Ro`e 4iygR o�oyy sp�o oo�� TEXAS A&M UNIVERSITY CORPUS CHRISTI y Q 358 ZZ CABANISS 2 OSO BAY CORPUS CHRISTI FIELD Q NAVAL AIR STATION 9 FLOUR BLUFF �o 358 286 W z J F, of z Yoq�o OP 3� 361 P22 PACKE LAGUNA HAN EL MADRE GULF OF MEXICO LOCATION MAP NOT TO SCALE Project: E10053 Whitecap Wastewater Treatment Plant CITY COUNCIL EXHIBIT Odor Control, Process and CITY OF CORPUS CHRISTI,TEXAS Bulkhead Improvements DEPARTMENT OF ENGINEERING SERVICES PROJECT BUDGET ESTIMATE WHITECAP WASTEWATER TREATMENT PLANT ODOR CONTROL, PROCESS & BULKHEAD REHABILITATION FUNDS AVAILABLE: Wastewater C I P.......................................................................................................... $ 5,649,400 TOTAL FUNDS AVAILABLE $ 5,649,400 FUNDS REQUIRED: Construction and Contingency Estimate:.......................................................................... 4,675,000 Construction Estimate............................................................................ 4,250,000 Contingency(10%)................................................................................ 425,000 Construction Inspection and Testinq Estimate:.................................................................. 282,470 Construction Inspection Estimate............................................................. 169,482 Testing Estimate................................................................................... 112,988 Design:..................................................................................................................... 278,596 Preliminary Design (LJA Engineering)....................................................... 49,486 Design (LJA Engineering)THIS ITEM ... 229,110 Reimbursements:........................................................................................................ 284,970 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)...... 112,988 Engineering Services(Project Mgmt/Constr Mgmt)...................................... 169,482 Misc................................................................................................... 2,500 TOTAL $ 5,521,036 ESTIMATED PROJECT BUDGET BALANCE $ 128,364 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 TO THE CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT(No./Name) E10053 -Whitecap WWTP Odor Control and Bulkhead Replacement 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 LJA Engineering, Inc., 820 Buffalo Street, 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 11 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 Vill 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 underthis 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 renderthe professional services necessary forthe 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 specked in Exhibits A and A- 11. 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. 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 $229,110 for a total not to exceed of$278,596. 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 Service 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 BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary,in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City,Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget.The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work underthis 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). 4.2yeaFs begiRRiFig en the MGtive Date. The AgFeement may be appFeved GhaRQes: 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 Citywithin ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V-OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment,or over the contractor's methods of determining prices,or over competitive bidding or market conditions,Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry,but Consultant cannot and does not guarantee proposals,bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI - INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII-INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers,agents,employees,excluding the engineer or architect orthat 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 Vill—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 111. ARTICLE XI—CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII—CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation,City will meet to discuss the request,after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i)submit additional supporting data requested by the City,(ii) modify the initial request for remedy or(iii) request Mediation. 12.1.5 Pending final resolution of a claim,except as otherwise agreed in writing,Consultant shall proceed 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 hftps:/twww.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/govemmenVcity-secretary/conflict-disclosurerindex. 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 Severabilitv. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the speck 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 anyway 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 LJA EG, INC. 5fZ4 Jeff H. Edmonds, P. E. Date 4ONGIN Date Director of Engineering Services Vice President 820 Buffalo Street Corpus Christi, TX 78401 (361)887-8851 Office jcoym@lja.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Page 11 of 12 Accounting Account Fund Name Unit No. Activity No. Amount Wastewater CIP 4252-064 550950 E10053-01-4252-EXP $229,110.00 Total $229,110.00 Contract for Professional Services Page 12 of 12 May 3, 2018 AMENDMENT NO. 1 City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attention: Mr. Jeff H. Edmonds, PE, Director of Capital Projects Re: Amendment No. 1 to Small AE Contract for Whitecap Wastewater Treatment Plant Odor Control and Bulkhead Replacement(City Project No. E10053) LJA Project No. C007-20734c Dear Mr. Edmonds: LJA Engineering, Inc. (LJA) is pleased to provide Amendment No. 1 to the Small AE Contract dated July 11, 2016 for Engineering Services associated with the Whitecap Wastewater Treatment Plant Odor Control and Bulkhead Replacement(City Project No. El 0053). LJA Engineering, Inc. (LJA) proposes to work in conjunction with sub-consultants James Joyce, PE, odor control sub-consultant and Bath Engineering Corp., electrical engineers to perform the following services. SCOPE OF SERVICES PRELIMINARY PHASE 1.0 General Administration and Review Background Information Review 1.01 Engineer will perform Project Administration and Management Tasks 1.02 Engineer will prepare Project Scheduling and Updates 1.03 Engineer will participate in Project Meetings with City Staff 1.04 Engineer will review existing As-Built Drawings provided by City Staff 1.05 Engineer will perform site visits to evaluate existing conditions as required 1.06 Engineer will perform Electrical equipment field investigation(Bath Engineering) 2.0 Evaluate Sample Data 2.01 Evaluate Test Data: Engineer will download continuous monitoring data and chart for analysis from Odalog monitors and grab samples. Minimum average and maximum hydrogen sulfide gas concentrations will be identified for the locations tested. 2.02 Calculate Required Airflow: Engineer will calculate enclosed area air volumes and determine minimum required air extraction rates to maintain a negative pressure. Air controls such as flaps, curtains or other covering strategies will be determined on an as-needed basis. Air exchange rates will be compared against NFPA 820 guidelines and adjustments noted for final design. With the combination of odor concentration and airflow rates, Engineer will calculate the hydrogen sulfide and VOC concentrations in airstreams to be treated. EXHIBIT A Page 1 of 7 3.0 Evaluate Odor Control Alternatives 3.01 Chemical Controls: Engineer will evaluate possible chemical addition for control of some of the odors at the WCWWTP including the calculation of stoichiometric chemical usage rates and costs of five (5) of the most commonly used odor control chemicals for domestic wastewater. The calculations will be based upon dissolved sulfide sampling data at the influent lift station. 3.02 Ventilation Controls: Engineer will evaluate ventilation controls and odorous air treatment for odors including the existing odor control system and any additional odor control systems as may be necessary. Engineer will calculate airflow and odor concentrations for ventilation controls and identify feasible technologies capable of effectively treating the odor compounds present. Engineer will select up to three commonly used, effective odor treatment technologies based upon the anticipated 20-year life-cycle cost and perform a more detailed level 4 cost estimate. 3.03 Process Modifications: Engineer will identify possible process modifications which may reduce or eliminate odor sources and evaluate each modification for effectiveness. Where appropriate, Engineer will calculate budget level cost estimates to implement process modifications. 4.0 Evaluate Bulkhead Repair/Replacement Alternatives 4.01 Engineer with meet with City Staff to confirm extent of desired bulkhead rehabilitations. 4.02 Engineer will explore various method of rehabilitating the damaged bulkhead cap and sheet pile surrounding the WCWWTP. These findings and alternatives will be discussed in the Preliminary Engineering Report along with recommendations and cost estimates. 5.0 Progress Meeting 5.01 Present Findings: Engineer will present the findings of Tasks 1 through 4 to City staff at a workshop. The results of the sampling, analysis, inspection and evaluation of odor control technologies along with a brief report on the bulkhead conditions will be presented. 5.02 Discuss Odor Control and Bulkhead Rehabilitation Strategies: The presentation discussion is intended to inform and elicit comments from City staff as to the applicability and acceptance of the proposed control strategy. Utilities, power, labor, chemicals and operating costs of the various technologies will be discussed for applicability to the WCWWTP. Proposed design methods for the rehabilitation of the existing bulkhead will also be presented. 5.03 Confirm Design Assumptions: The goal of the workshop will be to confirm the design assumptions and approve odor control technologies to assure that operations staff are comfortable with any new technology. 6.0 Prepare Preliminary Engineering Letter Report(PELR) 6.01 Engineer will prepare graphs of the monitoring charts, conceptual sketches of the site layout, utilities connections and duct runs of any improvements for inclusion in the report. 6.02 Engineer will evaluate various methods and materials considered for use at the WCWWTP. 6.03 Engineer will provide an analysis of the odor control and bulkhead rehabilitation alternatives within the PELR. 6.04 Engineer will prepare an Opinion of Probable Construction Costs for the Odor Control Facility as well as the bulkhead rehabilitation. EXHIBIT A Page 2 of 7 6.05 Engineer will prepare and submit to the City a draft Preliminary Engineering Letter Report which will include all of the above mentioned items. The PELR will be delivered in PDF electronic format as well as one physical copy. 6.06 Engineer will participate in a City Staff review meeting to discuss findings and comments associated with the PELR. 6.07 Engineer will incorporate City Staff comments into the PELR 6.08 Engineer will provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the final report accurately reflects the City Staff comments received. 6.09 Engineer will submit a final version of the ELR to City Staff. A PDF electrical format as well as one physical copy will be provided. DESIGN PHASE 1.00 Engineer will perform administration efforts for the project including scheduling, workforce communication, and internal tasks associated with the project. 1.01 Engineer will conduct in house meetings with personnel to manage the project. 1.02 Engineer will prepare materials for presentation at the Kickoff meeting. 1.03 Engineer, along with City Staff, will participate in a Kickoff meeting for the Design Phase of the project to ensure that all parties are in agreement of the proposed design improvements put forth in the PELR. 1.04 Coordination with Odor Control Subconsultant, Design Details. 1.05 Site Visits, Meetings with Engineering and Utilities Departments. 1.06 Prepare one (1) set of the construction bid and contract documents for the Odor Control and Bulkhead Rehabilitation Project (electronic and full-size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. 1.07 Engineer will perform QA/QC on 60% submittal of Plans and Specifications. 1.08 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 for each set of plans. Show existing elevations resulting from topographic survey. Required with the interim plans is a "Plan Executive Summar(" which will identify and summarize the project by distinguishing key elements. 1.09 Engineer will participate in a 60% submittal review meeting. 1.10 Engineer will assimilate all 60% review comments, modifications, additions/deletions and make changes to the contract documents and specifications accordingly. 1.11 Engineer will update and prepare a 90% level opinion of probable construction costs. 1.12 Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, and pre-final (if required), 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 staff. UA and Sub-consultants shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. 1.13 Provide one (1) set of the pre-final plans and bid documents (90% submittal- electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. EXHIBIT A Page 3 of 7 Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants. 1.14 Engineer will assimilate all 90% review comments, modifications, additions/deletions and make changes to the contract documents and specifications accordingly. 1.15 Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the 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 staff. WA and Sub-consultants shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. BID PHASE 1.00 Participate in pre-bid conference for the project and provide a recommended agenda for critical construction activities and elements impacting the project. 1.01 Prepare any required addenda necessary during the bidding process. 1.02 Review all pre-bid questions and submissions concerning the bid documents. 1.03 Attend bid openings, analyze bids, evaluate and prepare bid tabulations for the project. 1.04 Provide the City with recommendations for contract award based on bid results for the project. CONSTRUCTION PHASE 1.00 Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. 1.01 Review for conformance to contract documents, shop and working drawings, materials and other submittals for the project. 1.02 Review field and lab tests for the project. 1.03 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 for the project. 1.04 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 for the project, 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. 1.05 Prepare change orders as authorized by the City(coordinate with the City's construction division); 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. 1.06 Make pre-final and final inspections with City staff and provide the City with a Certificate of Completion for the project. 1.07 Review construction "red-line" drawings, prepare record drawings of each Project as constructed (from the "red-line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will 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. 1.08 Prepare project close-out documents for each project and submit to the City. EXHIBIT A Page 4of7 ADDITIONAL SERVICES 1.0 Surveying and Inspections 1.01 Perform a topographic survey of the existing odor control site and adjacent vicinity. Also, perform a topographic survey of the existing bulkhead alignment and top of concrete cap elevations along with elevations on both the landside and the waterside of the existing 3,380 linear feet of bulkhead. 1.02 Engineer will conduct inspections of existing bulkhead components including the concrete sheet pile, concrete cap, tie-back rods and various deadmen anchors for approximately 3,380 linear feet of bulkheading surrounding the Whitecap WWTP. 1.03 Engineer will conduct inspection from the waterside of the existing bulkhead concrete pile and concrete cap from marine vessel. City Staff will: Provide machinery with operator and personnel necessary to excavate various tie-back rods and dead men anchors for inspection. It is anticipated that these activities will be required for 2-3 working days. Not included in scope of services: It should be noted that underwater inspections by certified divers are not included in this proposal or scope of services. Based on the depths of the soundings, it may be necessary to enlist such services to further investigate possible undermining of the existing concrete sheet piles. 2.0 Install Odor Monitors and Sample Odor Compounds 2.01 Engineer will install three (3) Odalog continuous recording monitors to determine hydrogen sulfide gas concentrations: 1. Before the screens, 2. In the lift station wet well, and 3. In the splitter box. This will determine odor airstream 1-12S gas and odor concentrations. 2.02 Perform Grab Sampling (VOC's and Reduced Sulfur Compounds) Engineer will perform grab sampling for selected volatile organic odor compounds (VOC's) and reduced sulfur odor compounds (RSC's) at selected sites. Up to 10 different grab samples and analysis will be performed to determine odor airstream characterization. 2.03 Sample Dissolved Sulfide: Engineer will sample and measure dissolved sulfide ion concentration (up to 10 samples) wastewater at the influent lift station and other selected locations throughout the plant. City Staff will: Provide access to the various WWTP facilities mentioned above for the purposes of installing and maintaining Odalog meters. 3.0 Operations and Warranty Observations 3.01 Assist with coordination of efforts during the start-up phase and ensure manufacturer's protocol is followed. 3.02 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. EXHIBIT A Page 5of7 Mr.Jeff H. Edmonds, PE May 3,2018 Page 6 Not included in scope of services: It should be noted that Geotechnical Engineering Services including soil borings will be necessary for the development of the Construction Plans and Specifications. The City has indicated that they will be providing such services via third party and therefore these services are not included in LJA's scope of work. COMPENSATION The total amount of this Amendment No. 1 is $229,110.00 as shown in the summary on Attachment W. The man-hour fee analysis for Amendment No. 1 is shown in Attachment"B". REVISED SCHEDULE DATE ACTIVITY To Be Determined NTP 2 Months Atter NTP Draft ELR Submittal 3 Months After NTP Cit Review 4 Months After NTP Final ELR Submittal 6 Months After NTP 60%Deslgn Submittal(both projects) 7 Months After NTP City Review 8 Months After NTP 100%Design Submittal both projects 9 Months After NTP C' Review TBD Pre-Bid Conferences TBD Receive Bids TBD Contract Awards TBD Begin Construction TBD Complete Construction WA Engineering, Inc. Is once again honored to be provided with the opportunity of submitting this proposal for continuing support of your projects for the City of Corpus Christi. We look forward to your favorable consideration of this proposal. Should questions or comments arise relative to any matter within this proposal please do not hesitate to contact us at 361.991.8550. Sincer Amendment No. 1 Accepted By: City of Corpus Christi 9%PE By: Vice President Name: Date: vioow RPW CHRM(CDOY pr,Me v wwrP oaa Cwwal a Ou1kh d PWpWM%MW T*M hb. A Page 6 of 7 Original AMD.NO.1 Total Contract BASIC SERVICES 1 PreliminaryPhase $49486.00 $56670.00 $106,156.00 2 Design Phase $0.00 $94,200.00 $94,200.00 3 Bid Phase $0.00 $5,490.00 $5,490.00 4 Construction Phase $0.00 $20,590.00 $20,590.00 Subtotal Basic Services $49,486.00 $176,950.00 $226,436.00 ADDITIONAL SERVICES 5 Surveying&Inspection $0.00 $34,480.00 $34,480.00 6 Install Odor Monitors&Sample Odor Compounds $0.00 $11,600.00 $11,600. 7 1 Operations&Warranty Observations $0-00 $6,080.00 $6,080.00 Subtotal Additional Services $0.00 $52,160.00 $52,160.00 Total Fee $49 486.00 $229,110.00 $278 596.00 07/11/16 05/03/2018 Admin Approval EXHIBIT A Page 7 of 7 Sample form for: Payment Request COMPLETE PROJECT NAME 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 TBDI TBD1 TBDI TBD TBDI TBD1 TBD TBD TBD Subtotal Additional Services $2,000.001 $1,120.001 $1,627.001 $4,747.00 $500.001 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.001 $5,750.00 30.3% Additional Services Fees 1 $2,000.00 $1,120.001 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.001 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.001 23.1% Notes: if needed,update this sample form based on the contract requirements. If applicable,refer to the contract for information on what to include with time and materials(T&M). -0 m v x co s co iT O 00 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: $/hr Project Consultant: CAD Technician: Clerical: Other—specify: SUBCONSULTANT S : firm Principal(s): Project Consultant: CAD Technician: Clerical Other—specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 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 COL Project name and or number must be listed in Description Box of COL 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 Rev 04/17 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 Rev 04/17 coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s)if any,which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Rev 04/17 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 Article 2—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 Article8—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 Article12—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 Article24—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 for Construction Projects related to design services EXHIBIT D Page 1 of 22 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 Carpus 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 for Construction Projects related to design services EXHIBIT D Page 2 of 22 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 for Construction Projects related to design services EXHIBIT D Page 3 of 22 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 for Construction Projects related to design services EXHIBIT D Page 4 of 22 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 for Construction Projects related to design services EXHIBIT D Page 5 of 22 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 asTechnical 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 for Construction Projects related to design services EXHIBIT D Page 6 of 22 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 isto 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 for Construction Projects related to design services EXHIBIT D Page 7 of 22 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. 1. 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 for Construction Projects related to design services EXHIBIT D Page 8 of 22 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 ARTICLES—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 for Construction Projects related to design services EXHIBIT D Page 9 of 22 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 for Construction Projects related to design services EXHIBIT D Page 10 of 22 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. Desiener is to make periodic visits to the Site to observe the progress and quality of the Work. Desiener 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. Deshtner is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Desiener'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 for Construction Projects rotated to design services EXHIBIT D Page 11 of 22 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 for Construction Projects related to design services EXHIBIT D Page 12 of 22 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 for Construction Projects related to design services EXHIBIT D Page 13 of 22 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 for Construction Projects related to design services EXHIBIT O Page 14 of 22 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. 1. 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 for Construction Projects related to design services EXHIBIT D Page 15 of 22 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 for Construction Projects related to design services EXHIBIT D Page 16 of 22 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 for Construction Projects related to design services EXHIBIT D Page 17 of 22 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 Desiener 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. Desi net'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 for Construction Projects related to design services EXHIBIT D Page 18 of 22 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. S. 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 for Construction Projects related to design services EXHIBIT D Page 19 of 22 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 25.10.8 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 for Construction Projects related to design services EXHIBIT D Page 20 of 22 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. S. 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 for Construction Projects related to design services EXHIBIT D Page 21 of 22 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 S. 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 its acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 SUPPt.IER NUMBER TO BE ASSIGNED BYT1TT— PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Conus DISCLOSURE OF INTEREST ChnsU City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to da business with the City to provide the following information. Every question must be answered. If the question is not awlicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LTA Engineering?,Inc. P.O.BOX: STREET ADDRESS: 5656 S.Staples St.,Suite 230 CITY: Corpus Christi ZIP: 78411 FITtM IS: 1. Corporation ® 2. Partnership 8 3. Sole Owner ❑ 4. Association 3. Other DISCLOSURE QUESTIONS If additional space is necese7,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A M "E" f 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantialgment 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: Jeff Coym Title: Vice President crypt or Print) Signature of Certifying Date: May 29,2018 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. "Owriership 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 terns 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" Paste 2 of 2 Cor]}US Chr°sN Engineering Whitecap Wastewater Treatment Plant Odor Control, Process & Bulkhead Improvements Council Presentation June 19, 2018 Project Location 1:JCorgus Ch r sti Engineering CARPUS CHRISTI MY n SCALE:NIS. HITECAP WASTEWATER TREATMENT PLANT ODOR CONTROL,PROCESS AND w� BULKHEADIMPROVEMENTS La m e OSB BRAY oQ NMI-4_&l FLOUR BUIFF �o a" O LAGUNA MAORE GULF OF MEXIW 2 Project Vicinity Corpus Chr s[i Engineering WHITECAP WASTEWATER TREATMENT PLANT N ODOR CONTROL, `* SCALE: N.T.S. PROCESS AND t BULKHEAD IMPR VEMENT �ea��y°�° r Whitecap Blvd v � Cr i m by Project Scope Corpus Chr'sti Engineering Preliminary Phase: - Evaluate Sample Data - Evaluate Odor Control Alternatives - Evaluate Bulkhead Repairs - Preliminary Engineering Report Design Phase: - Construction Plans - Bid Documents Construction Phase: - Construction Evaluation - As-builts 4 Project Schedule Corpus Chr'sti Engineering 2018 2019 2020 O N O N N OZD LLQ rn OQrnOZO � LL rn7r ", p N R Z 0 DESIGN BID/AWARD CONSTRUCTION Projected Schedule reflects City Council award in June 2018 with design completion in February 2019. se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 19, 2018 NCORROP pEO 1852 Action Item for the City Council Meeting of June 26, 2018 DATE: June 19, 2018 TO: Keith Selman, Interim City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations Department LawM(a�cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 132(acctexas.com (361) 826-3169 Dumpster Collection Services CAPTION: Resolution authorizing a three-year service agreement with K2 Waste Solutions, L.L.C., dba Killian Calderon Disposal, of Corpus Christi, Texas for dumpster collection services for a total amount not to exceed $269,293.14. PURPOSE: This service agreement will provide city-wide dumpster collection services for multiple departments. BACKGROUND AND FINDINGS: Dumpster collection services will be provided to 41 City owned sites located throughout the city. This is a containerized collection service requiring special equipment that would be cost prohibitive for the City to own. Services will be provided on a pre-determined schedule to meet the needs of the various departments requiring this service and non- scheduled collections for special events or emergencies on an as-needed basis. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received three responsive, responsible bids and one nonresponsive bid. Staff is recommending the award to the lowest responsive, responsible bidder, K2 Waste Solutions, LLC, dba Killian Calderon Disposal. 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: 2018 Current Year Future Years TOTALS Line Item Budget $1 ,235,188.32 $246,852.04 $1,482,040.36 Encumbered / Expended Amount $889,093.45 $0.00 $889,093.45 This item $22,441.10 $246,852.04 $269,293.14 BALANCE $323,653.77 $0.00 $323,653.77 Fund(s): Various Funds Comments: The initial contract term is a total amount not to exceed $269,293.14, with an estimated expenditure of $22,441.10 is funded in FY2018. The remaining balance of $246,852.04 will be requested in future year's budget. The total contract value will be $269,293.14. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation Resolution authorizing a three-year service agreement with K2 Waste Solutions, L.L.C., dba Killian Calderon Disposal, of Corpus Christi, Texas for dumpster collection services for a total amount not to exceed $269,293.14. WHEREAS, city-wide dumpster collection services will be purchased by the Solid Waste Department; WHEREAS the service agreement will provide city-wide dumpster collection services to multiple departments; WHEREAS, state law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City issued Request for Bids No. 1594 and received three bids for this service with K2 Waste Solutions, L.L.C., dba Killian Calderon Disposal, of Corpus Christi, Texas, as the lowest responsive, responsible bidder; WHEREAS in the event the lowest responsive, responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded items, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement city-wide dumpster collection services for multiple departments. 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 a three-year service agreement with K2 Waste Solutions, L.L.C., dba Killian Calderon Disposal, of Corpus Christi, Texas for a total amount not to exceed $269,293.14 for citywide dumpster collection services. Furthermore, in the event that Killian Calderon Disposal fails to execute the contract for the awarded item or fails to perform under a contract for any awarded, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession. 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 BID TABULATION PURCHASING DIVISION RFB 1594 BUYER:JOHN ELIZONDO DUMPSTER COLLECTION SERVICES Mark Dunning Industries,Inc Republic Service Killian Calderon Disposal Corpus Christi,TX Corpus Christi,TX Corpus Christi,TX Oty of UNIT TOTAL ANNUAL UNIT TOTAL ANNUAL UNIT TOTAL ANNUAL ITEM DESCRIPTION Dumpster PRICE PRICE MONTHS COST PRICE PRICE MONTHS COST PRICE PRICE MONTHS COST 2 Cubic Yard Containers 1 Twice per week 5 $60.79 $303.95 12 $3,647.40 $59.06 $295.30 12 $3,543.60 $60.76 $303.80 12 $3,645.60 u is Yard LOCKarne Uon niers 2 Once per week 1 $30.40 $30.40 12 $364.80 $29.53 $29.53 12 $354.36 $32.88 $32.88 12 $394.56 Cubic Tam Containers 3 Once every two weeks 1 $45.00 $45.00 12 $540.00 $29.53 $29.53 12 $354.36 $32.88 $32.88 12 $394.56 4 Once perweek 6 $60.79 $364.74 12 $4,376.88 $59.06 $354.36 12 $4,252.32 $60.76 $364.56 12 $4,374.72 5 Twice err 3 $121.58 $364.74 12 $4,376.88 $118.12 $354.36 12 $4,252.32 $111.52 $334.56 12 $4,014.72 Cubic ar oc a e on niers 6 Fivetimes per week 2 $303.97 $607.94 5 $3,039.70 $295.31 $590.62 5 $2,953.10 $278.81 $557.62 5 $2,788.10 7 Six times perweek 2 $364.76 $729.52 7 $5,106.64 $354.37 $708.74 7 $4,961.18 $334.57 $669.14 7 $4,683.98 8 Once perweek 2 $60.79 $121.58 12 $1,458.96 $59.06 $118.12 12 $1,417.44 $60.76 $121.52 12 $1,458.24 9 Twice per week 1 $121.58 $121.58 12 $1,458.96 $118.12 $118.12 12 $1,417.44 $111.52 $111.52 12 $1,338.24 10 Twiceper week 3 $121.58 $364.74 3 $1,094.22 $118.12 $354.36 3 $1,063.08 $111.52 $334.56 3 $1,003.68 Cubic ar ontainem 11 Once perweek 4 $91.19 $364.76 12 $4,377.12 $88.59 $354.36 12 $4,252.32 $88.64 $354.56 12 $4,254.72 12 Once per 1 $91.19 $91.19 4 $364.76 $88.59 $88.59 4 $354.36 $88.64 $88.64 4 $354.56 13 Twice per week 5 $182.38 $911.90 12 $10,942.80 $177.18 $885.90 12 $10,630.80 $167.28 $836.40 12 $10,036.80 14 Three times perweek 1 $273.56 $273.56 12 $3,282.72 $265.78 $265.78 12 $3,189.36 $250.93 $250.93 12 $3,011.16 15 Five times er week 2 $455.95 $911.90 12 $10,942.80 $442.96 $885.92 12 $10,631.04 $413.21 $826.42 12 $9,917.04 Cubic ar oc a e Containers 16Once per week 1 $91.19 $91.19 12 $1,094.28 $88.59 $88.59 12 $1,063.08 $88.64 $88.64 12 $1,063.68 17 Five times per week 1 $455.95 $455.95 5 $2,279.75 $442.96 $442.96 5 $2214.80 $413.21 $413.21 5 $2,066.05 18 8 C Six times ger week 1 $542.14 $542.14 7 $3,794.98 $531.55 $531.55 7 $3720.85 $491.85 $491.85 7 $3,442.95 u is Yam Uontainers 19 Once per week 3 $116.58 $349.74 12 $4,196.88 $118.12 $354.36 12 $4,252.32 $111.52 $334.56 12 $4,014.72 20 Twice per week 2 $238.17 $476.34 12 $5,716.08 $236.24 $472.48 12 $5669.76 $222.04 $444.08 12 $5,328.96 21 Three times per week 1 $359.76 $359.76 12 $4,317.12 $354.37 $354.37 12 $4252.44 $333.57 $333.57 72 $4,002.84 22 Six times per week 1 $724.51 $724.51 12 $8,694.12 $708.73 $708.73 12 $8,504.76 $664.13 $664.73 1 12 E$7,969.56 Nonscheduled Services Oty of UNIT ANNUAL UNIT ANNUAL UNIT ANNUAL ITEM DESCRIPTION Collection PRICE TOTAL COST PRICE TOTAL COST PRICE TOTAL COST 2 Cubic Yard Containers 23 Nonscheduled collection Serivice r container 4 $30.00 $120.00 $120.00 $70.00 $280.00 $280.00 $15.68 $62.72 $62.72 u is ar oc a e o niers 24 Nonscheduled collection Serivice per container 4 $30.00 $120.00 $120.00 $70.00 $280.00 $280.00 $15.68 $62.72 $62.72 -DIC Tara Containens 25 Nonscheduled collection Serivice per container 8 $45.00 $360.00 $360.00 $70.00 $560.00 $560.00 $19.80 $158.40 $158.40 u is aa oc a e Contannens 26 Nonscheducollection Serivice r container 3 $45.00 $135.00 $135.00 $70.00 $210.00 $210.00 $19.80 $59.40 $59.40 u iled s ar o amers 27 Nonscheduled collection Serivice per container 4 $55.00 $220.00 $220.00 $70.00 $280.00 $280.00 $23.10 $92.40 $92.40 u is Lockable Containers 28 Nonscheduled collection Serivice r container 3 $55.00 $165.00 $165.00 $70.00 $210.00 $210.00 $23.10 $69.30 $69.30 u is ar o amers 29 Nonscheduled collection Serivice per container 4 $65.00 $260.00 $260.00 $70.00 $280.00 $280.00 $25.00 $100.00 $100.00 30 30 Cubic Yard Compactors(Once every two weeks) include delivery,installation,and training 1 $1,100.00 $1,100.00 12 $13,200.00 $535.50 $535.50 12 1 $6,426.00 $550.00 $550.00 12 $6,600.00 31 20 Cubic Yard Roll-off Containers(Once every two weeks) 1 $575.00 $575.00 12 $6,900.00 $285.50 $285.50 12 $3,426.00 3426.00 $250.00 $250.00 12 $3,000.00 ANNUAL TOTALS $106,947.85 $95,257.09 $89,764.38 CONTRACTYEARS 3 3 3 THREE YEAR TOTALS $320,843.55 $285,771.27 $269,293.14 Note:Totals listed above are based on unit pricing. `CC Disposal also submitted a bid but was considered nonresponsive for failure to submit the correct bid form. se SERVICE AGREEMENT NO. 1594 U Dumpster Collection Services HoflPORP�E '.. 1852 THIS Dumpster Collection Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and K2 Waste Solutions, LLC, dba Killian Calderon Disposal ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Dumpster Collection Services in response to Request for Bid/Proposal No. 1594 ("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 Dumpster Collection Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 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 $269,293.14, 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 fo Legal Form 12/15/17 Name: Norma Salinas Department: Solid Waste Phone: 361-826-1977 Email: NormaS@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 I i (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: Norma Salinas Title: Systems Support Coordinator Address:2525 Hygeia, Corpus Christi, TX 78415 Phone: 361-826-1977 Fax: 361-826-4575 IF TO CONTRACTOR: K2 Waste Solutions, LLC, dba Killian Calderon Disposal Attn: Bill Killian Title: Vice President Address: 1726 N Padre Island Dr Corpus Christi, TX 78408 Phone: 361-289-5588 Fax: 480-293-8811 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 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: A. this Agreement (excluding attachments and exhibits); I I I Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 i 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 b of 7 Approved as to Legal Form 12/15/17 i I CONTRACTOR Signature: 4nn 4, Printed Name: !tel L b- (LL-(/ n� Title: yr Date: � J1 o (4 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. 1594 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 4.1 General Requirements/Background Information The Contractor shall provide dumpster route collection services including all labor, materials, tools, and necessary equipment to perform the following service as outlined in this scope of work.The Contractor must be a permitted Solid Waste Hauler and shall comply with all specifications and requirements associated with the City of Corpus Christi Municipal Solid Waste System Service Charge (MSWSSC). 4.2 Scope of Work A. The Contractor will have the responsibility to collect, haul, and dispose of all City waste. B. The Contractor will make the collections in properly identified trucks. C. The Contractor shall dispose of all City waste collected under this contract at: Cefe Valenzuela Landfill 2397 County Road 20, Robstown, TX 78380 D. In some circumstances, a non-scheduled collection may be required. When this situation occurs the Contract Administrator will contact the Contractor, and the Contractor then has 24 hours to collect the waste. E. The Contractor will provide the City with the required containers (See Exhibit A). F. The Contractor must supply the City of Corpus Christi International Airport (See Exhibit A No. 22) a standard 8 cubic yard dumpster and a 30 cubic yard state-of- the-art roll-off self-contained trash compactor, featuring oversized feed openings and expanded container storage capacity. The trash compactor must be designed to store and transport waste and prevent contamination. The Contractor must include delivery, installation, training and service of equipment. Contractor will have 24 hours to respond to calls for servicing the compactor. G. The Contractor shall remain current with all invoices owed to the City for disposal at the Cefe Valenzuela Landfill. The Contractor will be required to maintain a current account with the City for use of the Cefe Valenzuela Landfill. Payments in arrears with the City for use of the Cefe Valenzuela Landfill are grounds for termination. i i f Page 18 of 25 RFB Template Revised 02.27.18 E 4.3 Work Site and Conditions A. The work shall be performed at 41 primary locations throughout the City (See Exhibit A). B. The containers must be kept free of graffiti, damages due to delivery errors, and soiled food products. All containers delivered must be clean and free of odors with leak proof lids in functioning condition. C. Any containers rejected by the City must be corrected or replaced by a suitable container within 48 hours, at no charge to the City, or a replacement will be bought on the open market and any costs incurred, including additional costs over the bid price, shall be paid by the Contractor within thirty days of receipt of the City's invoice. 4.4 City Contract Administrator The Contract Administrator will arrange deliveries, pick-ups and service dates (See Exhibit A). The Contract Administrator shall be the single point of contact for the Contractor for all matters including non-scheduled deliveries, pick-ups, invoicing approvals and shall keep all records pertaining to this contract. The Contract Administrator shall approve all phases of performance and operations under this Contract including authorization for payment. The Contract Administrator may change over time and any such changes will be given to the Contractor in writing. Contract Administrator: Norma Salinas 4.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. I i € Page 19 of 25 RFB Template Revised 02.27.18 Exhibit A Location Lockable QTY Size Weekly ' Pickups 1 Police Professional Standards Yes 1 2 cy 1 5805 Williams St., Corpus Christi, TX 78412 Dept. Contacts: Pat Eldridge or Darlene Wilburn Phone: 361-826-2616 2 Broadmoore Senior Center No 1 2 cy 2 1651 Tarlton, Corpus Christi, TX 78416 Dept. Contacts: Margaret Acosta or Rachel Soliz Phone: 361-826-3155 3 Northwest Senior Center No 1 2 cy 2 9725 Up River Rd., Corpus Christi, TX 78410 Dept. Contacts: Margaret Acosta or Rachel Soliz Phone: 361-826-3155 4 Oveal Williams Senior Center No 1 2 cy 2 1414 Martin Luther King, Corpus Christi, TX 78401 Dept. Contacts: Margaret Acosta or Rachel Soliz Phone: 361-826-3155 5 Garden Senior Center No 1 2 cy 2 5325 Greely, Corpus Christi, TX 78412 Dept. Contacts: Margaret Acosta or Rachel Soliz Phone: 361-826-3155 6 Zavala Senior Center No 1 2 cy 2 510 Osage, Corpus Christi, TX 78405 Dept. Contacts: Margaret Acosta or Rachel Soliz Phone: 361-826-3155 7 Police Property Warehouse No 1 4 cy 1 1616 Martin Luther King, Corpus Christi, TX 78412 Dept. Contacts: Pat Eldridge or Darlene Wilburn Phone: 361-826-2616 8 New Police Impound Lot No 1 4 cy 1 5485 Greenwood, Corpus Christi, TX 78417 Dept. Contacts: Pat Eldridge or Darlene Wilburn Phone: 361-826-2616 9 Animal Care Center No 1 4 cy 1 2626 Holly Rd., Corpus Christi, TX 78415 Dept. Contact: Tom Brown Phone: 361-826-4605 Page 20 of 25 RFB Template Revised 02.27.18 Location Lockable QTY Size Weekly Pickups 10 City Warehouse No 1 4 cy 1 5352 Ayers, Bldg. #6, Corpus Christi, TX 78415 Dept. Contact: Robert Presnell Phone: 361-826-1750 11 City Department Signs & Markings N/A 0 N/A 0 5425 Leopard, Corpus Christi, TX 78408 Dept. Contact: Jackie Smith Phone: 361-826-1942 12 City Facility Management & Maintenance No 1 4 cy 1 5352 Ayers Bldg. 3A, Corpus Christi, TX 78415 Dept. Contact: Paul Chatman Phone: 361-826-1984 Cell: 361-331-1065 13 Oso Pool Yes 1 4 cy 1 1109 Bernice, Corpus Christi, TX 78412 Dept. Contact: Rozella Puente Phone: 361-826-3468 14 Cultural Services Heritage Park No 1 6 cy 2 1521 N Chaparral, Corpus Christi, TX 78401 Dept. Contact: Laura Jasso Phone: 361-826-3417 15 Central Library No 1 4 cy 2 805 Comanche, Corpus Christi, TX 78401 Dept. Contact: Gabby Salazar Phone: 361-826-7015 16 Greenwood Senior Center No 1 4 cy 2 4040 Greenwood Dr., Corpus Christi, TX 78416 Dept. Contact: Rachel Soliz Phone: 361-826-3155 17 Lindale Senior Center No 1 4 cy 2 3135 Swanter, Corpus Christi, TX 78412 Dept. Contact: Rachel Soliz Phone: 361-826-3155 18 Ethel Eyerly Senior Center No 1 4 cy 2 654 Graham, Corpus Christi, TX 78418 Dept. Contact: Rachel Soliz Phone: 361- 826-3155 19 Collier Pool No 1 4 cy 2 3801 Harris Dr., Corpus Christi, TX 78411 Dept. Contact: Ashley Rioux Phone: 361-826-3471 i Page 21 of 25 RFB Template Revised 02.27.18 i I E Location Lockable QTY Size Weekly Pickups 20 Marina - Lawrence St. T-Head Yes 1 4 cy 5x Oct-Feb Shoreline Blvd., Corpus Christi, TX 78401 6x Mar-Sep Dept. Contact: Cherie Gutierrez Phone: 361-826-3980 21 Marina - People St. T-Head Yes 1 4 cy 5x Oct-Feb Shoreline Blvd., Corpus Christi, TX 78401 6x Mar-Sep Dept. Contact: Cherie Gutierrez Phone: 361-826-3980 22 Airport Custodial Maintenance No 1 8 cy 1 1000 International Dr., Corpus Christi, TX 78406 Refer to Scope of Work Subsection 4.2 F for details 30 cy Once every Dept. Contact: Rose Rodriguez 1 Tush 2 weeks Phone: 361-289-0171 ext. 1217 Compactor 23 Airport Rental Car No 2 6 cy 1 474 Pinson Dr. Corpus Christi, TX 78406 Dept. Contact: Rose Rodriguez Phone: 361-289-0171 ext. 1217 24 H.E.B. Pool No 1 6 cy 1 1520 Shelly St., Corpus Christi, TX 78404 Dept. Contact: Clayton Garland Phone: 361-826-3482 25 Greenwood Pool No 1 6 cy 1 4305 Greenwood Dr., Corpus Christi, TX 78416 mid-May to Dept. Contact: Ashley Rioux mid-August Phone: 361-826-3471 26 Greenwood Park Yes 1 6 cy 1 4501 Greenwood Dr. Corpus Christi, TX 78416 Dept. Contact: Clayton Garland Phone: 361-826-3482 27 Museum No 1 6 cy 2 1900 N. Chaparral, Corpus Christi, TX 78401 Dept. Contact: Susanne Clark Phone: 361-884-8857 28 City Fleet Maintenance No 1 6 cy 2 5352 Ayers Bldg. #3B Corpus Christi, TX 78415 Dept. Contact: Victor Mondragon Phone: 361-826-1912 29 City Department Services Frost Bank Building No 1 6 cy 2 2406 Leopard St., Corpus Christi, TX 78408 Dept. Contact: Paul Chatman Phone: 361-826-1984 Cell: 361-331-1065 Page 22 of 25 RFB Template Revised 02.27.18 Location Lockable QTY Size Weekly Pickups 30 O.N. Stevens Water Treatment Plant No 1 6 cy 2 13101 Leopard St., Corpus Christi, TX 78410 Dept. Contact: Diana Garza Phone: 361-826-1827 31 Central Kitchen No 1 6 cy 3 4101-A Old Brownsville Rd., Corpus Christi, TX 78405 Dept. Contact: Connie Reschman Phone: 361-826-4123 32 Marina - L Head Yes 1 6 cy 5x Oct-Feb Shoreline Blvd., Corpus Christi, TX 78401 6x Mar-Sep Dept. Contact: Cherie Gutierrez Phone: 361-826-3980 33 City Hall No 2 6 cy 5 1201 Leopard St., Corpus Christi, TX 78401 Dept. Contact: Paul Chatman Phone: 361-826-1984 Cell: 361-331-1065 34 Health Office Building No 1 8 cy 1 1702 Horne Rd., Corpus Christi, TX 78415 Dept. Contact: Antwine Charles Phone: 361-826-7324 35 City Street Department No 1 8 cy 1 2525 Hygeia, Corpus Christi, TX 78415 Dept. Contact: Jackie Smith Phone: 361-826-1942 36 City Utilities Department No 1 8 cy 2 2726 Holly Rd., Corpus Christi, TX 78415 Dept. Contact: Joanna Moreno Phone: 361-826-1649 37 City Motor Pool Police Department No 1 8 cy 2 5352 Ayers Bldg. #5, Corpus Christi, TX 78415 Dept. Contact: Pat Eldridge or Darlene Wilburn Phone: 361-886-2616 38 Gas Department No 1 8 cy 3 4225 S. Port Ave., Corpus Christi, TX 78415 Dept. Contact: Michelle Dalton Phone: 361-826-3962 39 Police Main Station M&O No 1 8 cy 6 321 John Sartain, Corpus Christi, TX 78401 Dept. Contact: Pat Eldridge or Darlene Wilburn Phone: 361-886-2616 Page 23 of 25 RFB Template Revised 02.27.18 Location Lockable QTY Size Weekly Pickups 40 O.N. Stevens Water Treatment Plant No 1 20 cy Once every 13101 Leopard St., Corpus Christi, TX 78410 roll 2 weeks Dept. Contact: Diana Garza off Phone: 361-826-1827 41 Oso Bay Wetlands Preserve No 1 6 cy 1 2446 N. Oso Parkway, Corpus Christi, TX 78414 Dept. Contact: Sara Jose Phone: 361-826-3484 42 Police Shooting Range No 1 4 cy Once every 9601 Hearns Ferry Rd., Corpus Christi, TX 78410 2 weeks Contract Administrator: Pat Eldridge/Darlene Wilburn Phone: 361-886-2616 43 Police Public Safety Warehouse No 1 4 cy 1 1501 Holly Rd., Corpus Christi, TX 78417 Contract Administrator: Pat Eldridge/Darlene Wilburn Phone: 361-886-2616 44 Ben Garza Gym Yes 1 4 cy 2 1815 Howard, Corpus Christi, TX 78418 June - Contract Administrator: Clayton Garland August Phone: 361-826-3482 45 Undale Recreation Center Yes 1 4 cy 2 3133 Swantner, Corpus Christi, TX 78404 June - Contract Administrator: Rozella Puente August Phone 361-826-3468 46 Oak Park Recreation Center Yes 1 4 cy 2 842 Erwin, Corpus Christi, TX 78405 June - Contract Administrator: Rozella Puente August Phone: 361-826-3468 Page 24 of 25 RFB Template Revised 02.27.18 ATTACHMENT B-BID/PRICING SCHEDULE RFB 1594-DUMPSTER COLLECTION SERVICES CITY OF CORPUS CHRISTI K2 WASTE SOLUTINS,LLC,dba PURCHASING DIVISION KILLIAN CALDERON DISPOSAL BUYER:JOHN ELIZONDO CORPUS CHRISTI,TX Qty of UNIT TOTAL ANNUAL ITEM DESCRIPTION Dumpster PRICE PRICE MONTHS COST 2 Cubic Yard Containers 1 Twice per week 5 $60.76 $303.80 12 $3,645.60 2 Cubic Yard Lockable Containers 2 Once per week 1 $32.88 $32.88 12 $394.56 4 Cubic Yard Containers 3 Once every two weeks 1 $32.88 $32.88 12 $394.56 4 Once per week 6 $60.76 $364.56 12 $4,374.72 5 Twice per week 3 $111.52 $334.56 12 $4,014.72 4 Cubic YardLockable'Containers 6 Five times per week 2 $278.81 $557.62 5 $2,788.10 7 Six times per week 2 $334.57 $669.14 7 $4,683.98 8 Once per week 2 $60.76 $121.52 12 $1,458.24 9 Twice per week 1 $111.52 $111.52 12 $1,338.24 10 Twice per week 3 $111.52 $334.56 3 $1,003.68 6 Cubic Yard Containers 11 Once per week 4 $88.64 $354.56 12 $4,254.72 12 Once per week 1 $88.64 $88.64 4 $354.56 13 Twice per week 5 $167.28 $836.40 12 $10,036.80 14 Three times per week 1 $250.93 $250.93 12 $3,011.16 15 Five times per week 2 $413.21 $826.42 12 $9,917.04 6 Cubic Yard Lockable Containers 16 Once per week 1 $88.64 $88.64 12 $1,063.68 17 Five times per week 1 $413.21 $413.21 5 $2,066.05 18 Six times per week 1 $491.85 $491.85 7 $3,442.95 8 Cubic Yard Containers 19 Once per week 3 $111.52 $334.56 12 $4,014.72 20 Twice per week 2 $222.04 $444.08 12 $5,328.96 21 Three times per week 1 $333.57 $333.57 12 $4,002.84 22 Six times per week 1 $664.13 $664.13 12 $7,969.56 Non-Scheduled Services Qty of UNIT ANNUAL ITEM DESCRIPTION Collection PRICE TOTAL COST 2 Cubic Yard;Containers 23 Non-Scheduled collection Serivice per container 4 $15.68 $62.72 $62.72 2 Cubic Yard Lockable'Containers 24 Non-Scheduled collection Serivice per container 4 $15.68 $62.72 $62.72 4 Cubic Yard Containers 25 Non-Scheduled collection Serivice per container 8 $19.80 $158.40 $158.40 4;cubic`Yard Lockable Containers 26 Non-Scheduled collection Serivice per container 3 $19.80 $59.40 $59.40 6 Cubic Yard Containers 27 Non-Scheduled collection Serivice per container 4 $23.10 $92.40 $92.40 6 Cubic Lockable Containers 28 Non-Scheduled collection Serivice per container 3 $23.10 $69.30 $69.30 8 Cubic Yard Containers 29 Non-Scheduled collection Serivice per container 4 $25.00 $100.00 $100.00 30 30 Cubic Yard Compactors(Once every two weeks) include delivery,installation,and training 1 $550.001 $550.00 12 $6,600.00 31 20 Cubic Yard Roll-off Containers(Once every two weeks) 1 $250.00 $250.00 12 $3,000.00 ANNUAL TOTALS $89,764.38 CONTRACT YEARS 3 THREE YEAR TOTALS $269,293.14 Note:Total listed above is based on unit pricing. I ATTACHMENT C -INSURANCE AND BOND REQUIREMENTS L 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 the subcontractor has been obtained. B. 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 change Per occurrence - aggregate 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 of this (All States Endorsement if Company is not Exhibit. 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. L 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 Dumpster Services 03/15/2018 sw Risk Management Valid Through 12/31/2018 BOND REQUIREMENTS: No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. Attachment D - Warranty Requirements Section 8. is null for this Service Agreement. Page 1 of 1 se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 19, 2018 NCORROP pEO 1852 Action Item for the City Council Meeting of June 26, 2018 DATE: June 9, 2018 TO: Keith Selman, Interim City Manager FROM: Kim Womack, Communication Director KimW cj�cctexas.com (361) 826-3211 Kim Baker, Assistant Director of Finance — Purchasing Division KimB26a�cctexas.com (361) 826-3169 Service Agreement for Legislative Management Software CAPTION: Motion approving a three-year Service Agreement for Legislative Management Software (Granicus) with Carahsoft Technology Corporation of Reston, Virginia for a total not to exceed amount of $222,682.62, procured in accordance with the Texas Department of Information Resources contract. PURPOSE: The purpose of this agenda item is to appropriate funds to execute a service agreement for Legislative Management software. BACKGROUND AND FINDINGS: In 2006, the City of Corpus Christi contracted with Granicus for the first time to provide web based video streaming and on-demand video replay of City Council meetings along with basic agenda integration. The contract was amended in 2011 to include a video Learning Management System which was subsequently cancelled. Communications took over E-Government contracts and Granicus services were maintained until a comprehensive review could occur. In the process of reviewing the services, staff determined Granicus services had been expanded to include Legistar (electronic agenda management), Boards & Commissions (web based recruitment and application management), Meeting Efficiency (meeting minutes/tools) and Open Platform (planning forum). The expansion of the Granicus products was approved by previous City management but not until invoices were pulled and contracts analyzed did staff realize three different departments were involved in the procurement and the $50,000 threshold for City Council approval had not occurred. Based on these findings, the Finance Department, City Secretary's Office, Information Technology Department, and Communication Department met to determine options for correcting the situation. The initial discussion included cancelling Open Platform, as it had not been fully integrated, move the web video stream service, and look at other solutions for Legistar, Meeting Efficiency and Boards/Commissions on a case-by-case basis. Staff immediately cancelled open platform and began research. After extensive research staff found that Granicus continues to be the leader in this sector of government communications with their solutions being used by many municipalities around the country. Staff began contract negotiations with Carahsoft under the Texas Department of Information Resources contract TSO 3149 which includes the Granicus products to continue the services at a reasonable price. Negotiations concluded and an agreement was reached May 11, 2018 to allow this item to move forward for recommended award. ALTERNATIVES: Cancel Granicus services including web-based video stream, Legistar, ilegislate, Boards & Commissions and Meeting Efficiency. Move to multiple alternative vendors for an increased cost and fewer features. DECISION FACTORS: There were four factors determining the continuing use of the Granicus Solution: 1) other vendor solutions would require expensive add-ons or work arounds resulting in little to no savings; 2) other vendor solutions could not provide same level of live closed captioning options for accessible communications; 3) pricing for Granicus has remained stable since 2006; and 4) our citizens have come to expect an integrated information solution for City Council information. 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: Communications, Information Technology Services, City Secretary's Office, City Manager's Office, and Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $1,398,053.51 $73,558.14 $1,398,053.51 Encumbered / Expended Amount $0.00 $0.00 This item $73,558.14 $149,124.48 $222,682.62 BALANCE $1,324,495.37 $222,682.62 $1,175,370.89 Fund(s): Information Technology Comments: RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement SC 0 > SERVICE AGREEMENT NO. 1098 U Agenda Management Software bO RPOR Af� 1852 THIS Agenda Management Software Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Carahsoft Technology Corporation, ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Agenda Management Software 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 Agenda Management Software ("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 no additional optional-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 $222,682.62, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this 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: Communication Phone: 361 .826.3210 Email: kimwCcctexas.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: Kim Womack Title: Director of Communication Address: 1201 Leopard St, 5th Floor, Corpus Christi, Texas 78401 Phone: 361 .826.3210 Fax: n/a IF TO CONTRACTOR: Carahsoft Attn: Lorin Hicks Title: Account Manager Address: 1860 Michael Faraday Drive, Suite 100, Reston VA 20190 Phone: 703.889.9737 Fax: 703.871 .8505 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: Kristina Smith Title: Contracts Manager Date: May 11, 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 Agenda Management Software 1.0 Scope of Work A. Granicus will provide Agenda Management Software to include the following products as detailed in Attacment B Schedule of Pricing: a. Virtual Performance Accelerator b. Boards and Commissions c. Meeting Efficiency Suite d. Government Transparency Suite e. Open Platform Suite f. Template - Sectioned View Page g. Legistar h. Performance Accelerator Suite Attachment B - Schedule of Pricing See attached quote GOVERNMENT- PRICE QUOTATION carahsoft Granicus at Carahsoft GRAN ICUS 1860 MICHAEL FARADAY DRIVE I SUITE 100 RESTON,VIRGINIA 20190 G PHONE(703)871-8500 1 FAX(703)871-8505 TOLL FREE(888)66CARAH WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM TO: Kim Baker FROM: Lorin Hicks Assist Director of Financial Services Granicus Government at Carahsoft City of Corpus Christi 1860 Michael Faraday Drive Corpus Christi,TX USA Suite 100 Reston,Virginia 20190 EMAIL: KimB2@cctexas.com EMAIL: Lorin.Hicks@Carahsoft.com PHONE: (361)826-3169 PHONE: (703)889-9737 FAX: (703)871-8505 TERMS: DIR Contract No.DIR-TSO-3149 QUOTE NO: 11462018 Expiration Date:June 22,2018 QUOTE DATE: 03/1612018 FTIN:52-2189693 Shipping Point:FOB Destination QUOTE EXPIRES: 05/15/2018 Credit Cards:VISA/MasterCard/AMEX RFQ NO: Remit To:Same as Above SHIPPING: GROUND Payment Terms:Net 30(On Approved Credit) TOTAL PRICE: $73,558.14 Texas VID#:1522189693700 Sales Tax May Apply TOTAL QUOTE: $73,558.14 LINE NO. PART NO. DESCRIPTION QUOTE PRICE QTY EXTENDED PRICE ONE-TIME FEE 1 2642-271-101257 Performance Accelerator Advanced Package $1,140.00 TX DIR 1 $1,140.00 Hardware;Requires US Shipping for Large Hardware Item;Includes remote hardware configuration and deployment services Granicus-PAS-GR-246APHW Start Date:05/01/2018 End Date:04/30/2019 ONE-TIME FEE SUBTOTAL: $1,140.00 YEAR ONE ANNUAL SUBSCRIPTION FEE 2 2642-271-101261 Boards and Commissions City bundle enables $17,251.70 TX DIR 1 $17,251.70 automation and management of the citizen advisory boards and commissions workflow for cities-Annual Fee Tier 8 Granicus-SAS-SE-DS-BCCI-8 Start Date:05/01/2018 End Date:04/30/2019 3 2642-271-101247 Meeting Efficiency Suite Minutes Package $12,373.36 TX DIR 1 $12,373.36 Annual Subscription Granicus-MES-GR-246MP Start Date:05/01/2018 End Date:04/30/2019 4 2642-271-101258 Government Transparency Accelerator Package $15,761.30 TX DIR 1 $15,761.30 Annual Subscription Granicus-GTS-GR-246AP Start Date:05101/2018 End Date:04/30/2019 5 2642-271-101262 Granicus Template—Sectioned View Page—12 $589.20 TX DIR 1 $589.20 Month Granicus-SAS6103 Start Date:05/01/2018 End Date:04/30/2019 CONFIDENTIAL QUOTE DATE: 0311 612 01 8 PAGE 1 of 3 QUOTE NO: 11462018 carahsoft GOVERNMENT- PRICE QUOTATION Granicus at Carahsoft G� G R A N I C U S 1860 MICHAEL FARADAY DRIVE I SUITE 100 1 RESTON,VIRGINIA 20190 PHONE(703)871-8500 1 FAX(703)871-8505 1 TOLL FREE(888)66CARAH WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE 6 2642-271-101244 Legistar Open Platform Package Annual $22,979.10 TX DIR 1 $22,979.10 Subscription Granicus-LEG-GR-2460P Start Date:05/01/2018 End Date:04/30/2019 7 2642-271-101256 Performance Accelerator Advanced Packge $3,463.48 TX DIR 1 $3,463.48 Annual Subscription Granicus-PAS-GR-246AP Start Date:05/01/2018 End Date:04/30/2019 YEAR ONE ANNUAL SUBSCRIPTION FEE SUBTOTAL: $72,418.14 SUBTOTAL: $73,558.14 TOTAL PRICE: $73,558.14 TOTAL QUOTE: $73,558.14 SUGGESTED OPTIONS LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE YEAR TWO ANNUAL SUBSCRIPTION FEE 8 2642-271-101261 Boards and Commissions City bundle enables $17,424.22 TX DIR 1 $17,424.22 automation and management of the citizen advisory boards and commissions workflow for cities-Annual Fee Tier 8 Granicus-SAS-SE-DS-BCCI-8 Start Date:05/01/2019 End Date:04/30/2020 9 2642-271-101247 Meeting Efficiency Suite Minutes Package $12,497.10 TX DIR 1 $12,497.10 Annual Subscription Granicus-MES-GR-246MP Start Date:05/01/2019 End Date:04/30/2020 10 2642-271-101258 Government Transparency Accelerator Package $15,918.92 TX DIR 1 $15,918.92 Annual Subscription Granicus-GTS-GR-246AP Start Date:05/01/2019 End Date:04/30/2020 11 2642-271-101262 Granicus Template—Sectioned View Page—12 $595.09 TX DIR 1 $595.09 Month Granicus-SAS6103 Start Date:05/01/2019 End Date:04/30/2020 12 2642-271-101244 Legistar Open Platform Package Annual $23,208.89 TX DIR 1 $23,208.89 Subscription Granicus-LEG-GR-2460P Start Date:05/01/2019 End Date:04/30/2020 13 2642-271-101256 Performance Accelerator Advanced Packge $3,816.12 TX DIR 1 $3,816.12 Annual Subscription Granicus-PAS-GR-246AP Start Date:05/01/2019 End Date:04/30/2020 CONFIDENTIAL QUOTE DATE: 03/16/2018 PAGE 2 of 3 QUOTE NO: 11462018 carahsoft GOVERNMENT- PRICE QUOTATION Granicus at Carahsoft 1860 MICHAEL FARADAY DRIVE I SUITE 100 1 RESTON,VIRGINIA 20190 PHONE(703)871-8500 1 FAX(703)871-8505 1 TOLL FREE(888)66CARAH WWW.CARAHSOFT.COM I SALES@CARAHSOFT.COM LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE YEAR TWO ANNUAL SUBSCRIPTION FEE SUBTOTAL: $73,460.34 YEAR THREE ANNUAL SUBSCRIPTION FEE 14 2642-271-101261 Boards and Commissions City bundle enables $17,946.94 TX DIR 1 $17,946.94 automation and management of the citizen advisory boards and commissions workflow for cities-Annual Fee Tier 8 Granicus-SAS-SE-DS-BCCI-8 Start Date:05/01/2020 End Date:04/30/2021 15 2642-271-101247 Meeting Efficiency Suite Minutes Package $12,872.01 TX DIR 1 $12,872.01 Annual Subscription Granicus-MES-GR-246MP Start Date:05/01/2020 End Date:04/30/2021 16 2642-271-101258 Government Transparency Accelerator Package $16,396.48 TX DIR 1 $16,396.48 Annual Subscription Granicus-GTS-GR-246AP Start Date:05/01/2020 End Date:04/30/2021 17 2642-271-101262 Granicus Template—Sectioned View Page—12 $612.95 TX DIR 1 $612.95 Month Granicus-SAS6103 Start Date:05/01/2020 End Date:04/30/2021 18 2642-271-101244 Legistar Open Platform Package Annual $23,905.16 TX DIR 1 $23,905.16 Subscription Granicus-LEG-GR-2460P Start Date:05/01/2020 End Date:04/30/2021 19 2642-271-101256 Performance Accelerator Advanced Packge $3,930.60 TX DIR 1 $3,930.60 Annual Subscription Granicus-PAS-GR-246AP Start Date:05/01/2020 End Date:04/30/2021 YEAR THREE ANNUAL SUBSCRIPTION FEE SUBTOTAL: $75,664.14 SUGGESTED SUBTOTAL: $149,124.48 CONFIDENTIAL QUOTE DATE: 03/16/2018 PAGE 3 of 3 QUOTE NO: 11462018 Procurement Vehicle:Carahsoft Texas Department of Information Resources(DIR) In Support of:Corpus Christi,TX GC7 GRAN I C _U S Quote Number: Q-23972 Granicus Contact: Quote Prepared On: 4/30/2018 Name: Erin Martin Quote Valid Through: 5/31/2018 Phone: +16514929844 Payment Terms: Net 30 Email: erin.martin@granicus.com The Agreement shall commence on 5.1.2018 and continue for three (3)years. Product Name Product Description Invoice Quantity One-Time Total Schedule Virtual Remote configuration and deployment of the Virtual Performance Performance Accelerator on either client hardware or Accelerator Granicus Encoder. Virtual Performance Accelerator is used to distribute video/indexing/documents within a Up Front 1 Each $1,140.00 local network. This distribution is utilized to eliminate the bandwidth impact local viewers would have accessing data from the Granicus Data Center. Total $1,140.00 iiiijiiiiiiiil 1111111111111111111111 jl�i 111111111 Product Name Product Description Invoice Quantity Annual Total Schedule Boards and Boards and Commissions is a Software-as-a-Service (SaaS) Annual 1 Each $17,251.70 Commissions solution that enables government organizations to simplify the citizen application and appointment to boards process of the clerk's office. Boards and Commissions includes: •Unlimited user accounts •Unlimited boards,commissions,committees,and subcommittees •Unlimited storage of citizen applications •Access to one Granicus platform site •Access to one Boards and Commissions site •Access to customizable,embeddable iFrame websites for displaying information to citizens •Access to a customizable online citizen application form including board-specific questions •Customizable forms for board details,appointment details, and internal tracking details •Pre-designed document PDFs for applications, board details and rosters,and vacancy reports •Downloadable spreadsheets for easy reporting •Optional custom templates for document or report generation (additional upfront charge applies) Q-23972:4/30/2018 Page 1 Procurement Vehicle:Carahsoft Texas Department of Information Resources(DIR) In Support of:Corpus Christi,TX Product Name Product Description Invoice Quantity Annual Total Schedule Meeting Efficiency Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) Annual 1 Each $12,373.36 Suite and Hardware-as-a-Service (HaaS)solution that enables government organizations to simplify the in-meeting management and post-meeting minutes creation processes of the clerk's office. By leveraging this solution,the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, record roll calls, motions,votes, notes,and speakers,all indexed with video. Use the index points to quickly edit minutes, templates to format in Microsoft Word or HTML,and publish online with the click of a button. Meeting Efficiency includes: •Unlimited user accounts •Unlimited meeting bodies •Unlimited storage of minutes documents •Access to one Granicus platform site •Access to the LiveManager software application for recording information during meetings •Access to the Word Add-in software component for minutes formatting in MS Word if desired •One MS Word or HTML minutes template(additional templates can be purchased if needed) Government Government Transparency are the live in-meeting functions. Annual 1 Each $15,761.30 Transparency Suite Streaming of an event, pushing of documents, indexing of event,creation of minutes. Open Platform Open Platform is access to MediaManager, upload of Annual 1 Each $0.00 Suite archives,ability to post agendas/documents,and index of archives.These are able to be published and accessible through a searchable view page. Template - Annual 1 Each $589.20 Sectioned View Page Legistar Legistar is a Software-as-a-Service (SaaS)solution that Annual 1 Each $22,979.10 enables government organizations to automate the entire Legislative process of the clerk's office. By leveraging Legistar,the client will be able to easily manage the entire legislative process from drafting files,through assignment to various departments,to final approval. Legistar includes: •Unlimited user accounts •Unlimited meeting bodies and meeting types •Unlimited data storage and retention •Configuration services for one meeting body type •One Legistar database •One In Site web portal •Design services for one agenda report template •Design services for one minute's report template Q-23972:4/30/2018 Page 2 Procurement Vehicle:Carahsoft Texas Department of Information Resources(DIR) In Support of:Corpus Christi,TX Product Name Product Description Invoice Quantity Annual Total Schedule Performance Performance Accelerator Suite provides the ability to utilize Prorated 1 Each $3,463.48 Accelerator Suite* the performance accelerator within a network. Requires Annual Performance Accelerator or Virtual Performance Accelerator Fee for to distribute video/indexing/documents within a local the network. This distribution is utilized to eliminate the period of bandwidth impact local viewers would have accessing data .1.2018— from the Granicus Data Center. 4 4.30.2019 Total $72,418.14 Product Name Year Two Year Three Boards and Commissions $ 17,424.22 $ 17,946.94 Meeting Efficiency Suite $ 12,497.10 $ 12,872.01 Government Transparency Suite $ 15,918.92 $ 16,396.48 Open Platform Suite $ 0.00 $0.00 Template -Sectioned View Page $ 595.09 $ 612.95 Legistar $ 23,208.89 $ 23,905.16 Performance Accelerator Suite $ 3,816.12 $ 3,930.60 TOTAL: $ 73,460.34 $75,664.14 hL • Link to State& Local Terms: https://granicus.com/pdfs/Master Subscription Agreement.pdf • Payment terms: net 30 •Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. •This quote is exclusive of applicable state, local, and federal taxes,which, if any,will be included in the invoice. It is the responsibility of Corpus Christi,TX to provide applicable exemption certificate(s). • If submitting a Purchase Order instead of signing the quote, please include the following language:All pricing, terms and conditions of quote Q-13893 are incorporated into this Purchase Order. Q-23972:4/30/2015 Page 3 Attachment C - Insurance Requirements Not applicable to this Agreement. Attachment D - Warranty Not applicable to this Agreement. se O AGENDA MEMORANDUM NCORPORPSE 1852 Public Hearing and First Reading for the City Council Meeting of June 19, 2018 Second Reading for the City Council Meeting of June 26, 2018 DATE: May 22, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Public Hearing and First Reading Ordinance — Rezoning property at or near 4001 Leopard Street CAPTION: Case No. 0418-02 Corpus Christi's Limousine's Unlimited, Inc.: Ordinance rezoning property at or near 4001 Leopard Street from "CG-2" General Commercial District to the "IL" Light Industrial District. PURPOSE: The purpose of this item is to allow for the installation and operation of a crematorium in addition to the existing funeral home. RECOMMENDATION: Planning Commission and Staff Recommendation (May 2, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with conditions. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). 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. 0418-02 Corpus Christi's Limousine's Unlimited, Inc.: Ordinance rezoning property at or near 4001 Leopard Street from "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Corpus Christi's Limousine's Unlimited, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, May 2, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit and on Tuesday, June 19, 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 Corpus Christi's Limousine's Unlimited, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Lots 2 thru 5, Villa Gardens Annex, located on the south side of Leopard Street, west of Villa Drive, and east of Van Cleve Drive (the "Property"), from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit (Zoning Map No. 049045), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the property, and Exhibit B, which is a site plan, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Crematorium" as defined by the Unified Development Code (UDC). 2. Hours of Operation: The operation of the crematorium is limited to the hours from 7:00 AM to 10:00 PM. Operation of the crematorium outside of these hours is prohibited. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 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 6. 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\6-19-2018\Zoning\0418-02 Corpus Christi Limousines Unlimited, Inc\Ordinance_Special Permit_0418-02 Corpus Christi Limousines Unlimited, Inc..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\Legistar\2018 CC Agenda Items\6-19-2018\Zoning\0418-02 Corpus Christi Limousines Unlimited, Inc\Ordinance_Special Permit_0418-02 Corpus Christi Limousines Unlimited, Inc..docx Page 3 of 3 RS-6 6 G P1�6,1 RM-1 R.-S-6 5 CG-2 SUBJECT CG-2 14 s PROPERTY 0 LEOPARD ST IL 1 2 12 11 O �2v ��Q\�` 13 10 $ J 4 9 IN-5 15 C RS-6 �F sr �R R Date Created:411712018 0 400 800 Prepared By:'Joanna Scott Feet Department of Development Services CASE: 0418-02 ZONING & NOTICE AREA syq --------------- RM-1 Multifamily 1 IL Light Industrial CHANNEL RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-ATMultifamily AT RS-6 Single-Family6 CNA Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CRA Resort Commercial RS-15 Single-Family 15 LEOPARD CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit SUBJECT CI Intensive CommercialPROPERTY CBD Downtown Commercial RM Recreational Vehicle Park RMH Manufactured Home ACNES CR-3 Resort Commercial FR Farm Rural H Historic Overlay a BP Business Park aSubject PropertyO Owners S z City Of with 200'buffer in favor ay�o COrpUS 4 Owners within 200'listed on V Owners ILOCATION Christi attached ownership table /%in opposition BEAR � | � ■ \ �, § # � § F � ƒ � �- .] � � � P 2 ¥ � | � | : .o 41-6 � � } . � � m . . ).f me c ! � / 2 wr | E2 ! m Case No. 0418-02 Corpus Christi's Limousine's Unlimited, Inc.: Ordinance rezoning property at or near 4001 Leopard Street from "CG-2" General Commercial District to the "IL" Light Industrial District (3/4 vote required) WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Corpus Christi's Limousine's Unlimited, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, May 2, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District and on Tuesday, June 19, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, then the amendment shall not become effective except by a favorable vote of at least three- fourths of all members of the City Council; 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 Corpus Christi's Limousine's Unlimited, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Lots 2 thru 5, Villa Gardens Annex, located on the south side of Leopard Street, west of Villa Drive, and east of Van Cleve Drive (the "Property"), from the "CG-2" General Commercial District to the "IL" Light Industrial District (Zoning Map No. 049045), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the property, and Exhibit B, which is a site plan, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\Legistar\2018 CC Agenda Items\6-19-2018\Zoning\0418-02 Corpus Christi Limousines Unlimited, Inc\Ordinance_0418-02 Corpus Christi Limousines Unlimited, Inc-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\Legistar\2018 CC Agenda Items\6-19-2018\Zoning\0418-02 Corpus Christi Limousines Unlimited, Inc\Ordinance_0418-02 Corpus Christi Limousines Unlimited, Inc..docx Page 3 of 3 RS-6 6 G P1�6,1 RM-1 R.-S-6 5 CG-2 SUBJECT CG-2 14 s PROPERTY 0 LEOPARD ST IL 1 2 12 11 O �2v ��Q\�` 13 10 $ J 4 9 IN-5 15 C RS-6 �F sr �R R Date Created:411712018 0 400 800 Prepared By:'Joanna Scott Feet Department of Development Services CASE: 0418-02 ZONING & NOTICE AREA syq --------------- RM-1 Multifamily 1 IL Light Industrial CHANNEL RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-ATMultifamily AT RS-6 Single-Family6 CNA Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CRA Resort Commercial RS-15 Single-Family 15 LEOPARD CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit SUBJECT CI Intensive CommercialPROPERTY CBD Downtown Commercial RM Recreational Vehicle Park RMH Manufactured Home ACNES CR-3 Resort Commercial FR Farm Rural H Historic Overlay a BP Business Park aSubject PropertyO Owners S z City Of with 200'buffer in favor ay�o COrpUS 4 Owners within 200'listed on V Owners ILOCATION Christi attached ownership table /%in opposition BEAR � | � ■ \ �, § # � § F � ƒ � �- .] � � � P 2 ¥ � | � | : .o 41-6 � � } . � � m . . ).f me c ! � / 2 wr | E2 ! m PLANNING COMMISSION FINAL REPORT Case No. 0418-02 INFOR No. 18ZN1008 Planning Commission Hearing Date: May 2, 2018 = Owner: Corpus Christi's Limousines Unlimited, Inc. Applicant: Saxet Funeral Home 'L Location Address: 4001 Leopard Street QLegal Description: Villa Gardens Annex, Lots 2 thru 5, located on the south o side of Leopard Street, west of Villa Drive, and east of Van Cleve Drive. From: "CG-2" General Commercial District To: "IL" Light Industrial District 'Es Area: 0.51 acres N �' Purpose of Request: To allow for the installation and operation of a crematorium in addition to the existing funeral home. Existing Zoning District Existing Land Use Future Land Use Site "CG-2" General Commercial Commercial Commercial a "CG-2" General _ North Commercial Commercial Commercial 0 o Public/Semi-Public Government and � N -0 South "RS-6" Single-Family 6 and Low Density Medium Density M Residential Residential "CG-2" General Public/Semi-Public Government and LU East Commercial and Vacant High Density Residential West "CG-2" General Commercial Commercial Commercial 06 Area Development Plan: The subject property is located within the boundaries a c of the Westside Area Development Plan and is planned for commercial uses. M ° The proposed rezoning to the "IL" Light Industrial District is inconsistent with a o the adopted Comprehensive Plan (Plan CC). a Map No.: 049045 Zoning Violations: None Transportation and Circulation: The subject property has approximately 136 o feet of street frontage along Leopard Street which is designated as an "Al Minor Arterial Street, approximately 223 feet along Villa Street which is o designated as a Local/Residential Street, and approximately 105 feet along Leigh Drive which is also designated as a Local/Residential Street. The site is serviced by Route 27 of the Corpus Christi Regional Transit Authority. The closest bus stops are 450 to the west and 300 feet to the east in front of Oak Park Elementary School. Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type C5 O Leopard "A1" Minor Arterial 95' ROW 105ROW 10,537 ADT Street Street 64' paved 64' paved (2014) 50' ROW 60' ROW Villa Street Local/ResidentialN/A 28' paved 34' paved Leigh Drive Local/Residential 50' ROW 50' ROW N/A 28 paved 30 paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG-2" General Commercial District to the "IL" Light Industrial District to allow for the installation and operation of a crematorium in addition to the existing funeral home. Development Plan: The subject property is 0.51 acres in size. The request is for a change in zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. The owner would like to operate a crematorium as part of the existing funeral home. According to the owner, due to the rising costs for burials, more people are choosing to be cremated. The crematorium will be an addition service provided by the existing funeral home. Due to stringent EPA standards, there will be no odor and very little smoke, if any at all, being emitted from the crematorium. Furthermore, the owner is aware that the requested "IL" District may not be suitable in an area abutting a public school and a residential area. Therefore the owner, is willing to accept a Special Permit for the crematorium subject to conditions imposed to other funeral homes. Existing Land Uses & Zoning: The subject property is currently zoned "CG-2" General Commercial District and consists of an existing funeral home business (Saxet Funeral Home). The subject property was annexed in 1939 and zoned "CG-2" General Commercial before 1960. To the north across Leopard Street are commercial uses zoned "CG-2" General Commercial District. Such uses include a Dollar General, self- storage, and various motels. To the south is a single-family residential subdivision (Villa Gardens Subdivision) and West Heights Baptist Church across Leigh Drive all zoned "RS-6" Single-Family 6 District. To the east is Oak Park Elementary School zoned "CG- 2" General Commercial District, a vacant lot zoned "RM-1" Multifamily District, and a single-family residential subdivision (Westland Subdivision). To the west are commercial uses zoned "CG-2" General Commercial. Such uses include an auto repair shop and various restaurants. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Staff Report Page 3 PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the proposed use is consistent with the following policies: • 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) • Given this overall purpose, the plan provides for a compatible configuration of activities with emphasis on protecting residential uses from incompatible industrial and commercial activities; the placement of commercial activities at locations with good access and high visibility; and the identification of environmental sensitive areas that should be preserved. Table 1 shows the proposed land use distribution for the Westside Area. (Policy Statement C.1) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). • The proposed use (funeral home with a crematorium) is compatible with neighboring properties and with the general character of the surrounding area. The proposed use (funeral home with a crematorium) does not have a negative impact upon the surrounding neighborhood. • The potential rezoning to the "IL" Light Industrial District would have a negative impact upon the surrounding neighborhood as it would allow all uses allowed by right in the "IL" Light Industrial District. • Rather than rezoning to the "IL" District for the purposes of an accessory crematorium, a better option would be to grant the accessory crematorium use by Special Permit (SP). • The property is currently a funeral home that has operated at this location since 2007. • Currently there are only three licensed and operating crematoriums (Maxwell P. Dunne, Guardian, and Seaside) in Corpus Christi. Most recently, a rezoning including a Special Permit was granted for Trevino Funeral Home in October of 2017. • A potential text amendment to the Unified Development Code (UDC) is under consideration to allow crematoriums as an accessory uses to a funeral home business by-right. Planning Commission and Staff Recommendation (May 2, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only use authorized by this Special Permit other than uses permitted by right in the base zoning district is "Crematorium" as defined by the Unified Development Code (UDC). Staff Report Page 4 2. Hours of Operation: The hours of operation of the crematorium shall be daily from 7:00 AM to 10:00 PM. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Number of Notices Mailed — 15 within 200-foot notification area = 5 outside notification area 0 As of April 27, 2018: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 0 inside notification area — 0 outside notification area a Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0418-02 Corpus Christi Limousines Unlimited,Inc.-Crematorium\Council Documents\Staff Report_0418-02 Corpus Christi Limousines Unlimited,Inc..docx Il I • I 1 Zoning Case #0418-02 Corpus Christi's Limousines Unlimited, Inc. Rezoning for a Property at 4001 Leopard Street City Council Presentation June 19, 2018 Qepus�N 4_ r V s - Leopard Street --�- SUBJECT m ,PROPERTN"�'�, r a w .` Subject Property at 4001 Leopard Street LEOPARD ST It Vicinity Map 0 s ;7K � e pJs ch', `#I y ?,penStree&ap and m tdh05k Creat ve Comm n%,Share Alike License(CC BY SA) 3 Zoning Pattern ADD lose OL ��3� Opp �1�7ak p`��� q�g 03 QS-4 Rao 19,I ' Is e X09 ED CM m Ise3 © 0 0 - o 4 OL��- Staff Recommendation Denial of the "IL" Light Industrial District in lieu thereof Approval of the "CG-2/SP" General Commercial District with a Special Permit (SP). Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Crematorium" as defined by the Unified Development Code (UDC). 2. Hours of Operation: The hours of operation of the crematorium shall be daily from 7:00 AM to 10:00 PM. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Site Plan 58924'07'E 198.27' n Vr u ,NI'u M1600' a-ao m' pmt Ir-1L1�r MyYr��1�f��IYM OI IM� t\NOf u IYYCL MM A, h 0.72 Att.. � mr try u� m "W j7j R 3 A-ILLm ,i7$' SITE PLAN m-14.11 ]Y i,yr,R SAXET FUNERAL HOME &CREMATORIUM 7 f"% UDC Requirements Buffer Yards: N/A Setbacks: Street: 20 feet i Street Corner: 15 feet LEOPARD 5T ,7�: ° „ ,�, ' Parking: 1:5 seats (Funeral Home) /' j Landscaping, Screening, and Lighting Standards Uses Allowed: Light Industrial Retail, y� q, Offices Vehicle Sales, Bars and Storage se GO O Va. VA AGENDA MEMORANDUM 1St Reading Ordinance for the City Council Meeting of June 19,2018 NCORROP pEO 1852 2nd Reading Ordinance for City Council Meeting of June 26, 2018 DATE: June 1, 2018 TO: Keith Selman, Interim City Manager THRU: Mike Markle, Police Chief FROM: Robert Rocha, Fire Chief rrocha(a-).cctexas.com 361-826-3932 Ordinance accepting a grant from Coastal Bend Regional Advisory Council in the amount of $15,000 to support the Web Based Emergency Operations Center (WebEOC) CAPTION: Ordinance authorizing acceptance of grant from Coastal Bend Regional Advisory Council (CBRAC) in amount of$15,000 for City's WebEOC operations; and appropriating $15,000 from CBRAC into No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for City's WebEOC. PURPOSE: The grant will be used to support the WebEOC. BACKGROUND AND FINDINGS: The Coastal Bend Regional Advisory Council (RAC) has forwarded to the City a check as a grant in the amount of $15,000. This is a direct grant for the benefit of the City's WebEOC operations. No application was required. The Office of Emergency Management (EOC)will use the funds to purchase equipment, technical support, training and travel. This is the fourteenth year that the Coastal Bend Regional Advisory Council has distributed similar grants to the Corpus Christi Fire Department. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distribution. ALTERNATIVES: Deny funding and seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY / NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTALCLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $15,000 $15,000 BALANCE $15,000 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of grant from Coastal Bend Regional Advisory Council (CBRAC) in amount of $15,000 for City's WebEOC operations; and appropriating $15,000 from CBRAC into No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for City's WebEOC. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from a grant from the Coastal Bend Regional Advisory Council in the amount of$15,000 for the benefit of the City's WebEOC operations. SECTION 2. That $15,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the City's WebEOC. 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 vs c� 0 � H U AGENDA MEMORANDUM "nwPaRa=° First Reading Ordinance for the City Council Meeting of June 19, 2018 zs52 Second Reading Ordinance for the City Council Meeting of June 26, 2018 DATE: June 5, 2018 TO: Keith Selman, Interim City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the IMM/LOCALS Immunization Branch-Locals Grant and Grant Program Income in the amount of$311,637.00, and appropriation of the funds for the contract period September 1 , 2018 through August 31, 2019. CAPTION: Ordinance accepting grant from the Texas Department of State Health Services for the Immunization/Locals Grant Program in the amount of$241,637.00 and appropriating $70,000.00 in estimated program income. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $241,637.00 to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. ALTERNATIVES: Refuse the grant and discontinue providing immunizations to the population of the State of Texas. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency. This item requires two readings and ratification of the grant contract to begin September 1, 2018. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $25,970.00 $285,667.00 $311 ,637.00 BALANCE $25,970.00 $285,667.00 $311 ,637.00 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. The Department of State Health Services ("DSHS") allows the Health Department to charge fees to administer vaccines provided by the grant; however, any fees collected during each month of the grant must be deducted from each monthly grant reimbursement request made to DSHS. Annual grant program fees are estimated to be$70,000 that have been included in the FY2017-2018 Health Department Budget. RECOMMENDATION: Staff recommends approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. HHS00011400001 Ordinance accepting grant from the Texas Department of State Health Services for the Immunization/Locals Grant Program in the amount of $241,637.00 and appropriating $70,000.00 in estimated program income. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a total grant amount of $241,637.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of September 1, 2018, through August 31, 2019, to provide personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger. Section 2: Authorizing the appropriation of an estimated $70,000.00, IMM/LOCALS grant program income in the No. 1066 Health Grants Fund, for a total project cost of $311,637.00. Section 3: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 4: A copy of the executed grant shall be filed in the office of the City Secretary. DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHS000114000001 UNDER THE IMMUNIZATION/LOCALS GRANT PROGRAM I.PURPOSE The Department of State Health Services ("System Agency" or"DSHS), a pass-through entity, and Corpus Christi-Nueces County Public Health District (City) ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for immunization services(the"Contract"). II.LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of the Public Health Services Act Section 317,42 U.S. Code Section 247B and Texas Health and Safety Code Chapter 12. III.DURATION The Contract is effective on September 1, 2018, and terminates on August 31, 2019 (hereinafter referred to as"Fiscal Year 2019"or"FY 2019"),unless renewed,extended,or terminated pursuant to the terms and conditions of the Contract. The System Agency,at its own discretion,may extend this Contract subject to terms and conditions mutually agreeable to both Parties. IV.BUDGET The total amount of this Contract will not exceed ONE HUNDRED THIRTY-FOUR THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS ($134,125.00) in state funds and ONE HUNDRED SEVEN THOUSAND FIVE HUNDRED TWELVE DOLLARS ($107,512.00) in federal grant funds for a total amount not to exceed of TWO HUNDRED FORTY-ONE THOUSAND SIX HUNDRED THIRTY-SEVEN DOLLARS ($241,637.00). All expenditures under the Contract will be in accordance with ATTACHMENT B.BUDGET. V.NOTICE TO PROCEED Funding for this Contract is dependent on the award of the applicable federal grant. No FY 2019 work may begin and no charges may be incurred until the System Agency issues a written notice to proceed to Grantee. This Notice to Proceed may include an amended or ratified budget which will be incorporated into this Contract by a subsequent amendment,as necessary.Notwithstanding the preceding, at the discretion of the System Agency, Grantee may be eligible to receive reimbursement for eligible expenses incurred during the period of performance as defined by 2 CFR§200.309. VI.REPORTING REQUIREMENTS System Agency Contract No HHS000114000001 Page I of 38 DocuSign Envelope ID:2263F46247054710-BB3B-9F911141F460 The Contract contains reporting requirements as stated in Attachment A, Statement of Work. VII.CONTRACT REPRESENTATIVES. The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Agency Texas Department of State Health Services PO Box 149347,MC 1990 Austin,Texas 78714-9347 Attention: Tray Kirkpatrick Grantee Corpus Christi-Nueces County Public Health District(City) 1702 Home Road Corpus Christi,Texas 78416 Attention: Jessica Hernandez,LVN VIII.LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail,postage paid, certified, return receipt requested; or with a common carrier,overnight,signature required,to the appropriate address below: System Agency Texas Department of State Health Services PO Box 149347,MC 1911 Austin,Texas 78714-9347 Attention: General Counsel Grantee Corpus Christi-Nueces County Public Health District(City) 1702 Home Road Corpus Christi,Texas 78416 Attention: Annette Rodriguez Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notice by written notice to the other Party. IX.ADDITIONAL GRANT INFORMATION Federal Award Identification Number(FAIN): TBD Federal Award Date: TBD Name of Federal Awarding Agency: Centers for Disease Control and Prevention CFDA Name and Number: Immunizations and Vaccines for Children Program 93.268 Awarding Official Contact Information: TBD System Agency Contract No HHS000114000001 Page 2 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 SIGNATURE PAGE FOLLOWS SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO. HHS000114000001 SYSTEM AGENCY GRANTEE Janna Zumbrun Name:Annette Rodriguez Associate Commissioner Title: Date of execution: Date of execution: THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT NO. HHS000114000001 ARE HEREBY INCORPORATED BY REFERENCE: ATTACHMENT A—STATEMENT OF WORK ATTACHMENT B—BUDGET ATTACHMENT C—UNIFORM TERMS AND CONDITIONS ATTACHMENT D—SUPPLEMENTAL AND SPECIAL CONDITIONS ATTACHMENT E—FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT F—FFATA ATTACHMENT G—DATA USE AGREEMENT ATTACHMENTS FOLLOW ;�4 ved as to f tant City Attorne For City Attorney System Agency Contract No HHS000114000001 Page 3 of38 DocuSign Envelope ID:2263F462-4705A71D-BB3B-9F911141F460 ATTACHMENT A STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee will: A. Implement and operate an immunization program for children,adolescents,and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children three (3) years of age or younger (birth to 35 months of age). Grantee shall incorporate traditional and non-traditional systematic approaches designed to eliminate barriers, expand immunization capacity, and establish uniform operating policies,as described herein. B. Be enrolled as a provider in the Texas Vaccines for Children (TVFC) and the Adult Safety Net (ASN) Programs by the effective date of this Contract. This includes a signed Deputizatiou Addendum Form (EFI I-13999) and adherence to the TVFC Operations Manual, TVFC and ASN Provider Manual, and associated TVFC policy guidelines provided by the DSHS Immunization Unit, as amended (available at littp•//www dslis.texas.govlimnLin ize/tvfc/tvfc manual.shtm and littp://www.clslis.texas.,gov,'.inlnlLliiize/t-,,fc,publicitions.11,SPIX)- C. Comply with written policies and procedures provided by DSHS in managing vaccines supplied through the ASN and TVFC Programs, including guidelines for proper storage,handling,and safeguarding of vaccines in the event of natural disaster. Grantee will comply with all requirements laid out in the final, approved FYI Work Plan, as amended and approved by DSHS. 1. Grantee will use the current vaccine management system as described in the TVFC and ASN Provider Manual, as amended. 2. Grantee will notify ASN and TVFC providers of changes to vaccine storage and handling,vaccine management reporting,and present updates and training to providers,as requested by DSHS. 3. Grantee will plan and implement community-based activities and collaborations to accomplish the required tasks as specified in the final,approved FYI Work Plan. D. Report all notifiable conditions as specified in Texas Administrative Code(TAC)Title 25, Part I §§ 97.1-97.6,as amended,and as otherwise required by law. E. Report all vaccine adverse event occurrences in accordance with the 1986 National Childhood Vaccine Injury Act (NCVIA) 42 U.S.C. § 300aa-25 (located at http://vaers.hhs.gov or 1-800-822-7967), as amended. F. Inform and educate the public about vaccines and vaccine-preventable diseases,as described in the FY 19 Work Plan and in the DSHS Immunization Contractors Guide for Local Health Departments, as amended(located at System Agency Contract No HHS000114000001 Page 4 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 https: dshs.texas.(iov/immunize/lhd.slitm). G. Conduct outreach and collaborative activities with American Indian tribes located within the boundaries of the Grantee's jurisdiction. H. Report outreach done,and collaborative efforts made,with the American Indian tribes in the Grantee's jurisdiction, as directed by System Agency. I. Perform outreach and education activities targeting adolescents 14 to 18 years of age and their parents via healthcare providers, healthcare clinics, hospitals, and any other healthcare facility providing health care to adolescents 14 to 18 years of age to satisfy Texas Health and Safety Code Chapter 161, Subsection A, Section 161.0095 requirements, as amended. Outreach and education activities must focus on the immunization registry and the option for an individual who is 18 years of age or older to consent as an adult and have their childhood immunization records stored within the immunization registry for a lifetime. Additional outreach and educational activities may focus on high schools,colleges,and universities. J. Work to promote a healthcare workforce within the Grantee's service area (including Grantee's staff) that is knowledgeable about vaccines, vaccine safety, vaccine- preventable diseases, and delivery of immunization services. K. Not deny vaccinations to recipients because they do not reside within Grantee's jurisdiction or because of an inability to pay an administration fee. L. Comply with all applicable federal and state regulations and statutes, as amended, including but not limited to: 1. Human Resources Code §42.043,VTCA; 2. Education Code§§38.001-38.002,VTCA; 3. Health and Safety Code §§12.032, 81.023,and 161.001-161.009,VTCA; 4. TAC Title 25,Chapter 97; 5. TAC Title 25,Chapter 96; 6. TAC Title 25,Chapter 100; 7. 42 USC §§247b and 300 as-25; 8. Omnibus Budget Reconciliation Act of 1993,26 USC §4980B. M. Comply with current applicable state and federal standards,policies,and guidelines,as amended, including but not limited to DSHS Standards for Public Health Clinic Services, revised August 31, 2004 (located at http: www.dslis.texas.gov qmb default.shtm =public). N. Be responsible for identification and case management of all hepatitis B surface antigen (HBsAg)-positive pregnant women. Grantee shall ensure timely newborn post exposure prophylaxis(PEP)with hepatitis B vaccine and hepatitis B immune globulin (HBIG), timely completion of doses two and three of hepatitis B vaccine, and timely System Agency Contract No HHS000114000001 Page 5 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 completion of post-vaccination serologic testing(PVST). O. Be responsible for assessing and/or auditing coverage rates and/or compliance with vaccine requirements at assigned schools and childcare facilities in accordance with the Population Assessment Manual,which is distributed annually from the Department. P. Be responsible for conducting outreach regarding vaccinations for children(19 through 35 months of age in the Grantee's jurisdiction) included on the list distributed to Grantee by the ImmTrac Group at DSHS. Lists are distributed through ImmTrac2 at the start of each quarterly reporting period. Q. Be responsible for conducting outreach to 17-year-olds included on the lists distributed to the Grantee by the ImmTrac Group at DSHS to explain the lifetime registry and obtain their consent to remain in ImmTrac2 as an adult. R. Be responsible for conducting outreach to existing h=Trac2 providers that have not logged into ImmTrac2 in the last 90 days. S. Transfer(which may include shipping)overstocked vaccines and vaccines approaching expiration to alternate providers for immediate use when instructed to do so by the DSHS Public Health Region(PHR) Immunization Program Manager to avoid vaccine waste. Grantee is responsible for covering the cost to ship overstocked vaccines and vaccines approaching expiration. T. Receive written approval from DSHS before varying from applicable policies, procedures, protocols, and/or work plans, and must update and disseminate its implementation documentation to its staff involved in activities under this Contract within forty-eight(48)hours of making approved changes. U. Review monthly Contract funding expenditures and salary savings from any Contract- paid staff vacancies and revise spending plan to ensure that all funds will be properly expended under this Contract before the end of the Contract term. V. Send at least one representative to System Agency's Immunization Unit mandatory meetings, including the 1) TVFC Annual Training typically held in the first two quarters of the Contract year, and 2) another training as determined by the Immunization Unit. Additional mandatory meetings may be required during the Contract term. W. Submit out-of-state travel requests to the Immunization Unit for approval when utilizing Contract funds or program income. X. Agree DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Grantee's expenditures on a monthly basis. If expenditures are below what is projected in Grantee's total Contract amount, Grantee's budget may be subject to a decrease for the remainder of the System Agency Contract No HHS000114000001 Page 6 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 Contract term. Vacant positions existing after ninety(90)days may result in a decrease in funds. Y. Utilize the Assessment, Feedback, Incentives, and eXchange (AFIX) on-line tool and methodology to assess immunization practices and coverage rates for all subcontracted entities and non-local health department clinics. Immunization provider coverage rates will be generated using the Comprehensive Clinic Assessment Software Application (CoCASA), as specified by DSHS. Z. Utilize the Centers for Disease Control and Prevention (CDC) Provider Education, Assessment, and Reporting (PEAR) system and directly enter data into PEAR to document TVFC compliance site-visits for all subcontracted entities and non-local health department clinics. If not entered directly into PEAR at the time of the visit,the Contractor shall submit the final assessment results in the PEAR system within twenty- four(24)hours of conducting the visit. AA. Utilize the CDC PEAR system and directly enter data into PEAR to document TVFC unannounced storage and handling visits conducted at TVFC provider offices. If not entered directly into PEAR at the time of the visit, the Contractor shall submit the final unannounced storage and handling visit results in the PEAR system within twenty-four (24)hours of conducting the visit. BB. Report the number of doses administered to underinsured children monthly,as directed by DSHS. CC. Report the number of unduplicated underinsured clients served,as directed by DSHS. DD. Complete and submit Immunization Inter-Local Agreement (ILA) Quarterly Report form, utilizing the format provided by the DSHS Immunization Unit and available at https://cislis.texas.�*ov/imnntnize liid.shtm, by the report due date. If the due date falls on a weekend or state approved holiday,the report is due the next business day. Report Type Reporting Period Report Due Date Programmatic 09/1/2018 to 11/30/2018 12/31/2018 Programmatic 12/1/2018 to 02/28/2019 3/31/2019 Programmatic 03/1/2019 to 05/30/2019 6/30/2019 Programmatic 06/1/2019 to 08/31/2019 09/30/2019 Submit quarterly reports electronically through SurveyGizmo following instructions provided by the DSHS Immunization Unit and according to the time frames stated above. Supplemental report documents(PEAR and AFIX reports, vacancy letters,etc.)should be sent to dshsimmunizationcontracts(c,dshs.texas.t;oN'. System Agency Contract No HHS000114000001 Page 7 of 38 DocuSign Envelope ID:2263F462-4705-471 D-BB3B-9F91 1141 F460 Il. PERFORMANCE MEASURES A. The System Agency will monitor the Grantee's performance of the requirements in this Attachment A and compliance with the Contract's terms and conditions. B. The following performance measures will be used,in part,to assess Grantee's effectiveness in providing the services described in this Contract, without waiving the enforceability of any of the terms of the Contract. 1. Investigate and document, in accordance with DSHS Emerging and Acute Infectious Disease Investigation Guidelines(located at iittp://www.dshs.texas.gov/[DCU/itwesti,ration/Investigation-Guidance.xIs)and NBS Data Entry Guidelines(located at ltttns://t.yneclvs.cichs.te.vas.�,ov:80091PHINDox/Usei-Resotn•cevINBS DataEntrVG11i de2017.1?c1>),at least 90%of confirmed or probable reportable vaccine-preventable disease cases within thirty(30)days of initial report to public health. 2. Complete 100% of the follow-up activities, designated by DSHS, for TVFC provider quality assurance site visits assigned by DSHS. 3. Contact and provide case management to 100% of the number of hepatitis B surface antigen-positive pregnant women identified. 4. Contact 3%or 250 children(whichever is more), per each Full Time Equivalent (FTE)contract employee position that conducts ImmTrac2 activities,who are not up-to-date on their immunizations according to the ImmTrac2-generated client list provided to the Grantee by DSHS at the beginning of each reporting period. 5. Participate in at least one (1) collaborative meeting concerning tribal health issues, concerns, or needs with American Indian tribal members during the Contract term if American Indian tribes are in their jurisdiction. 6. Review 100% of monthly biological reports, vaccine orders (when applicable), and temperature recording forms for accuracy to ensure the vaccine supply is appropriately maintained and within established maximum stock levels. Review and approval for vaccine orders (when applicable) must be documented in the Electronic Vaccine Inventory(EVI)system. 7. Complete 100% of childcare facility and Head Start center audits and assessments, in accordance with the Immunization Population Assessment Manual, as assigned by the DSHS Immunization Unit. 8. Complete 100% of public and private school audits, assessments, retrospective surveys,and validation surveys,in accordance with the Immunization Population Assessment Manual, as assigned by DSHS. System Agency Contract No HHSOOO114000001 Page 8 of 38 DocuSign Envelope ID:2263F462-4705-471D-6838-9F911141F460 III. INVOICE AND PAYMENT A. Grantee shall request payment by preparing an invoice and submitting acceptable supporting documentation for reimbursement of the required services/deliverables. Invoices and supporting documentation provided shall be submitted to System Agency no later than thirty(30)days after the last day of each month. Documentation shall be submitted in a format approved by DSHS Immunization Unit. At a minimum invoices should include: 1. Grantee name, address, email address, vendor identification number or Social Security number,and telephone number; 2. DSHS Contract or Purchase Order number; 3. Dates services were completed and/or products were delivered; and 4. The total invoice amount;and 5. Supporting documentation must include receipts with a zero balance for items such as hotel, rental car and fuel, taxi, airline or mileage as documented by a readily available online mapping service. Receipts for supplies,registration fees and other items ordered and paid. A copy of the Personnel and Temporary Staff General Ledger for the period which supports the budget items requesting reimbursement. Paid invoices to contractors for services received. Receipts for meals are not required. B. Grantee shall request monthly payments using the State of Texas Purchase Voucher (Form B-13) at http: www.dshs.texas.t?ov l;rants fol7ns.shtm. Voucher and supporting documentation shall be mailed or submitted by fax or electronic mail to DSHS Claims Processing Unit at the address/number below, and also sent via email to Tray Kirkpatrick,DSHS Contract Management Section, at Tray.Kirkpatrick(cb,dshs.texas.gov, and to the Immunization Unit at DS HS ImnutnizationContractsCtidshs.texas.�lov. Department of State Health Services Claims Processing Unit,MC 1940 1100 West 49`h Street P.O. Box 149347 Austin,TX 78714-9347 FAX: (512)458-7442 EMAIL: invoices(cbdshs.texas.gov and to CMSmvoices(c),dshs.texas.gov C. Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in Attachment B of this Contract. System Agency Contract No HHS000114000001 Page 9 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 ATTACHMENT B BUDGET Organization Name: Corpus Christi-Nueces Co PHD(City) Program ID: IMWLOCALS Contract Number: HHS000114000001 Budget Categories Budget for FY 2019 Personnel $146,548.00 Fringe Benefits $62,752.00 Travel $7,324.00 $0.00 Equipment Supplies $12,052.00 Contractual $0.00 Other $12,961.00 Total Direct Costs $241,637.00 Indirect Costs $0.00 Total $241,637.00 System Agency Contract No HHS000114000001 Page 10 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F91114lF460 HHSC Uniform Terms and Conditions Version 2 15 Published and Effective September 1,2017 Responsible Office:Chief Counsel TEXAS Health and Human Services Health and Human Services Commission HHSC Uniform Terms and Conditions-Grant Version 2.15 System Agency Contract No HHS000114000001 Page 11 of38 DocuSign Envelope ID:2263F462-4705-471D-B13313-9F911141F460 .01 1: ARTICLE I.DEFINITIONS AND INTERPRETIVE PROVISIONS....................................4 1.01 Definitions..........................................................................................................................4 1.02 Interpretive Provisions........................................................................................................5 ARTICLE II Payment Methods and Restrictions.....................................................................6 2.01 Payment Methods.............................................................................................................6 2.02 Final Billing Submission..................................................................................................6 2.03 Financial Status Reports(FSRs)......................................................................................7 2.04 Debt to State and Corporate Status..................................................................................7 2.05 Application of Payment Due............................................................................................7 2.06 Use of Funds.....................................................................................................................7 2.07 Use for Match Prohibited.................................................................................................7 2.08 Program Income...............................................................................................................7 2.09 Nonsupplanting................................................................................................................8 ARTICLE III.STATE AND FEDERAL FUNDING................................................................8 3.01 Funding.............................................................................................................................8 3.02 No debt Against the State.................................................................................................8 3.03 Debt to State.....................................................................................................................8 3.04 Recapture of Funds...........................................................................................................8 ARTICLE IV Allowable Costs and Audit Requirements.........................................................9 4.01 Allowable Costs...............................................................................................................9 4.02 Independent Single or Program-Specific Audit.............................................................10 4.03 Submission of Audit....................................................................................................... 10 Article V AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS............................10 5.01 General Affirmations......................................................................................................10 5.02 Federal Assurances........................................................................................................ 10 5.03 Federal Certifications..................................................................................................... 10 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY...................................11 6.01 Ownership.....................................................................................................................Al 6.02 Intellectual Property....................................................................................................... 11 ARTICLE VII RECORDS,AUDIT,AND DISCLOSURE...................................................11 7.01 Books and Records.........................................................................................................11 7.02 Access to records,books,and documents......................................................................11 Grantee Uniform Terms and Conditions Page 2 of 19 V 911" System Agency Contract No HHS000114000001 Page 12 of 38 DocuSign Envelope ID:2263F462-4705-471D-1313313-9F911141F46G 7.03 Response compliance with auditor inspection findings................................................ 12 7.04 SAO Audit...................................................................................................................... 12 7.05 Confidentiality................................................................................................................ 12 7.06 Public Information Act................................................................................................... 12 ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION............. 12 8.01 Contract Management.................................................................................................... 12 8.02 Termination for Convenience......................................................................................... 13 8.03 Termination for Cause.................................................................................................... 13 8.04 Equitable Settlement...................................................................................................... 13 ARTICLE Ll'MISCELLANEOUS PROVISIONS................................................................. 13 9.01 Amendment.................................................................................................................... 13 9.02 Insurance........................................................................................................................ 13 9.03 Legal Obligations........................................................................................................... 14 9.04 Permitting and Licensure............................................................................................... 14 9.05 Indemnity.......................................................................................................................14 9.06 Assignments................................................................................................................... 15 9.07 Relationship ofthe Parties.............................................................................................. 15 9.08 Technical Guidance Letters............................................................................................ 15 9.09 Governing Law and Venue............................................................................................ 16 9.11 Survivability................................................................................................................... 16 9.12 Force Majeure................................................................................................................ 16 9.13 No Waiver of Provisions................................................................................................ 16 9.14 Publicity......................................................................................................................... 16 9.15 Prohibition on Non-compete Restrictions...................................................................... 17 9.16 No Waiver of Sovereign Immunity................................................................................ 17 9.17 Entire Contract and Modification................................................................................... 17 9.18 Counterparts................................................................................................................... 17 9.19 Proper Authority............................................................................................................. 17 9.20 Employment Verification.............................................................................................. 17 9.21 Civil Rights................................................................................................................... 17 Grantee Uniform Terns and Conditions Page 3 of 19 9117 System Agency Contract No HHS000114000001 Page 13 of 38 DocuSign Envelope ID:2263F462-4705-471D-1313313-9F91I141F460 ARTICLE I.DEFINITIONS AND INTERPRETIVE PROVISIONS 1.01 Definitions As used in this Contract,unless the context clearly indicates otherwise,the following terns and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the parties hereto, which documents changes to the Contract other than those permitted by Work Orders or Technical Guidance Letters,as herein defined. "Attachment"means documents,terms,conditions, or additional information physically added to this Contract following the Signature Document or included by reference, as if physically, within the body ofthis Contract. "Contract"means the Signature Document,these Uniform Terms and Conditions,along with any Attachments, and any Amendments, or Technical Guidance Letters that may be issued by the System Agency,to be incorporated by reference herein for all purposes if issued. "Deliverable" means the work product(s) required to be submitted to the System Agency including all reports and project documentation. "Effective Date"means the date agreed to by the Parties as the date on which the Contract takes effect. "Federal Fiscal Year"means the period beginning October 1 and ending September 30 each year,which is the annual accounting period for the United States government. "GAAI'"means Generally Accepted Accounting Principles. "GASB"means the Governmental Accounting Standards Board. "Grantec"means the Party receiving finds under this Contract,if any.May also be referred to as "Contractor"in certain attachments. "Health and Iluman Services Commission" or "I111SC" means the administrative agency established under Chapter 531,Texas Government Code or its designee. "IIL113" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual ProverIN' means inventions and business processes, whether or not patentable; works of authorship;trade secrets;trademarks; service marks;industrial designs;and creations that are subject to potential legal protection incorporated in any Deliverable and first created or developed by Grantee,Grantee's contractor or a subcontractor in performing the Project. "Mentor Protdp,c" means the Comptroller of Public Accounts' leadership program found at: http:':wxii%-.windowstate.tx.usprocurement'prog.hub mentorprotege. Grantee Uniform Terms and Conditions Page 4 of 19 v 9117 System Agency Contract No HHS000114000001 Page 14 of38 DocuSign Envelope ID:2263F462-4705A71D-131338-9F911141F460 "Parties"means the System Agency and Grantee,collectively. "Paiiv"means either the System Agency or Grantee,individually. "Yrogrmn"means the statutorily authorized activities of the System Agency under which this Contract has been awarded. "Pro'ect"means specific activities of the Grantee that are supported by funds provided under this Contract. "Public Infonnation Act"or"PIA"means Chapter 552 of the Texas Government Code. "Statement of Work"means the description of activities performed in completing the Project,as specified in the Contract and as may be amended. "Sieliature Document"means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation or "RFA"" means the document issued by the System Agency under which applications for Program funds were requested,which is incorporated herein by reference for all purposes in its entirety,including all Amendments and Attachments. "Solicitation Response" or "Application" means Grantee's full and complete response to the Solicitation,which is incorporated herein by reference for all purposes in its entirety,including any Attachments and addenda. "State Fiscal Year"means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas Tartravef' means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C,Section 5.22,relative to travel reimbursements under this Contract,if any. "System Agency"means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, and designees of those agencies.These agencies include:HHSC and the Department of State Health Services. "Technical Guidance Letter" or"TOL" means an instruction, clarification, or interpretation of the requirements of the Contract,issued by the System Agency to the Grantee. 1.02 Interpretive Provisions a. The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms. b. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision,section, Attachment,or schedule of this Contract unless otherwise specified. c. The term "including"is not limiting and means "including without limitation"and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications thereto,but only to the extent that such Amendments and other modifications are not prohibited by the terms ofthis Contract,and(ii)references to Grantee Uniform Terms and Conditions Page 5 of 19 v.9.1.17 System Agency Contract No HHS000114000001 Page 15 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating;amending;replacing, supplementing,or interpreting the statute or regulation. d. Any references to "sections," "appendices," or "attachments" are references to sections, appendices,or attachments ofthe Contract. e. Any references to agreements,contracts,statutes,or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract f. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. g. All Attachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. It. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations,regulations,and policies are cumulative and each will be performed in accordance with its tennis. i. Unless otherwise expressly provided,reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase"in its sole discretion." j. Time is of the essence in this Contract. ARTICLE II PAYMENT METHODS AND RESTRICTIONS 2.01 Payment Methods Except as otherwise provided by the provisions of the Contract,the payment method will be one or more of the following: a. cost reimbursement. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time of the request; b. unit rateffee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service and acceptable submission of all required documentation,forms and/or reports:or c. advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where the Grantee has implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law and at the sole discretion of the System Agency. Grantees shall bill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract,Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided.Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.02 Final Billing Submission Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than forty-five(45)calendar days following the end of the term of the Contract. Reimbursement or payment requests received in the System Grantee Uniform Terms and Conditions Page 6 of 19 V 91 17 System Agency Contract No HHS000114000001 Page 16 of 38 DocuSign Envelope ID:2263F462-4705-471 D-BB3B-9F911141 F460 Agency's offices more than forty-five (45) calendar days following the termination of the Contract may not be paid. 2.03 Financial Status Reports(FSRs) Except as otherwise provided in these General Provisions or in the terms of any Program Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the endi of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end ofthe applicable term. 2.04 Debt to State and Corporate Status Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller will not issue payment to Grantee if Grantee is indebted to the State for any reason, including a tax delinquency. Grantee,if a corporation,certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law(Tex. Tax Code §§ 171.001 et seq.). If tax payments become delinquent during the Contract term,all or pari of the payments tinder this Contract may be withheld until Grantee's delinquent tax is paid in full. 2.05 Application of Payment Due Grantee agrees that any payments due under this Contract will be applied towards any debt of Grantee,including but not limited to delinquent taxes and child support that is owed to the State of Texas. 2.06 Use of Funds Grantee shall expend funds provided under this Contract only for the provision of approved services and for reasonable and allowable expenses directly related to those services. 2.07 Use for Match Prohibited Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.08 Program Income Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required tinder the Program,Grantee shall use the addition alternative, as provided in UGMS §_.25(g)(2),for the use of Project income to further the Program,and Grantee shall spend the Program income on the Project. Grantee shall identify and report this income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract terns and may not carry Program Income forward to any succeeding term. Grantee shall refund program income to the System Agency if the Program Income is not expended in the temp in which it is earned. The System Agency may base future funding levels,in part,upon Grantee's proficiency in identifying,billing,collecting,and reporting Program Income,and in using it for the purposes and under the conditions specified in this Contract. Grantee Uniform Terms and Conditions Page 7 of 19 v9117 System Agency Contract No HHS000114000001 Page 17 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F91 I I 41F460 2.09 Nonsupplanting Grantee shall not use funds from this Contract to replace or substitute for existing funding from other but shall use finds from this Contract to supplement existing state or local funds currently available. Grantee shall make a good faith effort to maintain its current level of support. Grantee may be required to submit documentation substantiating that a reduction in state or local funding,if any,resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE III.STATE AND FEDERAL FUNDING 3.01 Funding This Contract is contingent upon the availability of sufficient and adequate funds. If funds become unavailable through lack of appropriations, budget cuts, transfer of finds between programs or agencies, amendment of the Texas General Appropriations Act, agency consolidation,or any other disruptions of current funding for this Contract,the System Agency may restrict,reduce, or terminate funding under this Contract. This Contract is also subject to immediate cancellation or termination,without penalty to the System Agency, if sufficient and adequate finds are not available.Grantee will have no right of action against the System Agency if the System Agency cannot perform its obligations under this Contract as a result of lack of ftnding for any activities or functions contained within the scope of this Contract. In the event of cancellation or termination under this Section,the System Agency will not be required to give notice and will not be liable for any damages or losses caused or associated with such termination or cancellation. 3.02 No debt Against the State The Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.03 Debt to State If a payment law prohibits the Texas Comptroller of Public Accounts from making a payment, the Grantee acknowledges the System Agency's payments under the Contract will be applied toward eliminating the debt or delinquency.This requirement specifically applies to any debt or delinquency,regardless of when it arises. 3.04 Recapture of Funds The System Agency may withhold all or part of any payments to Grantee to offset overpayments made to the Grantee. Overpayments as used in this Section include payments(i)made by the System Agency that exceed the maximum allowable rates:(ii)that are not allowed under applicable laws,rules,or regulations;or(iii)that are otherwise inconsistent with this Contract,including any unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s)of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs will he paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. Grantee Uniform Terms and Conditions Page 8 of 19 Y9.th System Agency Contract No HHS000114000001 Page 18 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 ARTICLE IV ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.01 Allowable Costs. System Agency will reimburse the allowable costs incurred in performing the Project that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable terns to be eligible for reimbursement under this Contract. The System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. If the System Agency has paid finds to Grantee for unallowable or ineligible costs,the System Agency will notify Grantee in writing,and Grantee shall return the finds to the System Agency within thirty(30)calendar days of the date of this written notice. The System Agency may withhold all or part of any payments to Grantee to offset reimbursement for any unallowable or ineligible expenditure that Grantee has not reftinded to the System Agency,or if financial status report(s)required under the Financial Status Reports section are not submitted by the due date(s). The System Agency may take repayment(recoup)from funds available under this Contract in amounts necessary to fulfill Grantee's repayment obligations. Applicable cost principles,audit requirements,and administrative requirements include- Applicable Entity Applicable Cost Audit Administrative Principles Requirements Requirements Slate, Local and 2 CFR,Part 225 2 CFR Part 200, 2 CFR Part 200 and Tribal Govermnents Subpart F and UGMS UGMS Educational 2 CFR,Part 220 2 CFR Part 200, 2 CFR Part 200 and Institutions Subpart F and UGMS UGMS Non-Profit 2 CFR,Part 230 2 CFR Part 200, 2 CFR Part 200 and Organizations Subpart F and UGMS UGNIS For-profit 48 CFR Part 31, 2 CFR Part 200, 2 CFR Part 200 and Organization other Contract Cost Subpart F and UGMS than a hospital and an Principles UGMS organization named in Procedures, or OMB Circular A-122 uniform cost (2 CFR Part, 230) as accounting not subject to that standards that circular. comply with cost principles acceptable to the federal or state awarding agency Grantee Uniform Terms and Conditions Page 9 of 19 v 91 17 System Agency Contract No HHS000114000001 Page 19 of 38 DocuSign Envelope ID;2263F462-4705-471D-BB3B-9F911141F460 OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.02 Independent Single or Program-Specific Audit If Grantee,within Grantee's fiscal year,expends a total amount of at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS($750,000)in federal finds awarded,Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200.The$750,000 federal threshold amount includes federal finds passed through by way of state agency awards.If Grantee,within Grantee's fiscal year,expends a total amount of at least$750,000 in state funds awarded,Grantee must have a single audit or program-specific audit in accordance with UGNIS, State of Texas Single Audit Circular.The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200,Government Auditing Standards,and UGMS.For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS,as applicable,for their program-specific audits.HHSC Single Audit Services will notify Grantee to complete the Single Audit Determination Form.If Grantee fails to complete the Single Audit Determination Form within thirty(30)calendar days after notification by HHSC Single Audit Services to do so, Grantee shall be subject to the System Agency sanctions and remedies for non-compliance with this Contract.Each Grantee that is required to obtain a single audit must competitively re- procure single audit services once every six years.Grantee shall procure audit services in compliance with this section,state procurement procedures,as well as with the provisions of UGMS. 4.03 Submission of Audit Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year,Grantee shall submit electronically,one copy of the Single Audit or Program-Specific Audit to the System Agency as directed in this Contract and another copy to:single_audit_report@lilise.state.tx.us ARTICLE V AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS 5.01 General Affirmations Grantee certifies that,to the extent General Affirmations are incorporated into the Contract under the Signature Document,the General Affirmations have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.02 Federal Assurances Grantee further certifies that,to the extent Federal Assurances are incorporated into the Contract under the Signature Document,the Federal Assurances have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.03 Federal;Certifications Grantee further certifies,to the extent Federal Certifications are incorporated into the Contract under the Signature Document, that the Federal Certifications have been reviewed, and that Grantee is in compliance with each of the requirements reflected therein. In addition,Grantee certifies that it is in compliance with all applicable federal laws,rules,or regulations,as they may pertain to this Contract. Grantee Uniform Terms and Conditions Page 10 of 19 v 9.1 11 System Agency Contract No HHS000114000001 Page 20 of 38 DocuSign Envelope ID:2263F462-4705-471D-1313313-9179II141F460 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 6.01 Ownership The System Agency will own,and Grantee hereby assigns to the System Agency,all right,title, and interest in all Deliverables. 6.02 Intellectual Property a. The System Agency and Grantee will retain ownership,all rights,title,and interest in and to, their respective pre-existing Intellectual Property. A license to either Party's pre-existing Intellectual Property must be agreed to tinder this or another contract. b. Grantee grants to the System Agency and the State of Texas a royalty-free, paid up, worldwide,perpetual,non-exclusive,non-transferable license to use any Intellectual Property invented or created by Grantee,Grantee's contractor,or a subcontractor in the performance of the Project. Grantee will require its contractors to grant such a license under its contracts. ARTICLE VII RECORDS,AUDIT,AND DISCLOSURE 7.01 Books and Records Grantee will keep and maintain under GAAP or GASB,as applicable,full,true,and complete records necessary to fully disclose to the System Agency,the Texas State Auditor's Office,the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee will maintain legible copies of this Contract and all related documents for a minimum of seven(7) years after the termination of the contract period or seven(7)years after the completion of any litigation or dispute involving the Contract,whichever is later. 7.02 Access to records,books,and documents In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations,or Subcontractors will permit the System Agency or any of its duly authorized representatives,as well as duly authorized federal,state or local authorities, unrestricted access to and the right to examine any site where business is conducted or Services are performed,and all records,which includes but is not limited to financial,client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that will have a right of access to records as described in this section include:the federal agency providing the funds,the Comptroller General of the United States, the General Accounting Office,the Office of the Inspector General,and any of their authorized representatives. In addition, agencies of the State of Texas that will have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners,the State Auditor's Old-ice,the Texas Attorney General's Office, and any successor agencies. Each of these entities maybe a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee will produce original documents related to this Contract. The System Agency and any duly authorized authority will have the right to audit billings both before and after payment,and all documentation that substantiates the billings. Grantee will include this provision concerning Grantee Uniform Terms and Conditions Page 11 of 19 v 91.17 System Agency Contract No HHS000114000001 Page 21 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 the right of access to, and examination of,sites and information related to this Contract in any Subcontract it awards. 7.03 Responselcompliance with audit or inspection findings a. Grantee must act to ensure its and its Subcontractor's compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement,or generally accepted accounting principle,or any other deficiency identified in any audit, review, or inspection of the Contract and the goods or services provided hereunder. Any such correction will be at Grantee or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance will be solely the decision of the System Agency. b. As part of the Services,Grantee must provide to HHSC upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the Services and Deliverables provided to the State under the Contract. 7.04 SAO Audit Grantee understands that acceptance of finds directly tinder the Contract or indirectly through a Subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office (SAO),or any successor agency,to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee,an entity that is the subject of an audit or investigation by the SAO must provide the SAO with access to any information the SAO considers relevant to the investigation or audit. Grantee agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Subcontractors through Grantee and the requirement to cooperate is included in any Subcontract it awards. 7.05 Confidentiality Any specific confidentiality agreement between the Parties takes precedent over the terms of this section. To the extent permitted by law,Grantee agrees to keep all information confidential,in whatever form produced, prepared, observed, or received by Grantee. The provisions of this section remain in full force and effect following termination or cessation of the services performed under this Contract. 7.06 Public Information Act Information related to the performance of this Contract may be subject to the PIA and will be withlield from public disclosure or released only in accordance therewith.Grantee must make all information not otherwise excepted from disclosure under the PIA available in portable document file(".pdf')format or any other format agreed between the Parties. ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 8.01 Contract Management To ensure frill performance of the Contract and compliance with applicable law, the System Agency may take actions including: a. Suspending all or part ofthe Contract; Grantee Uniform Terms and Conditions Page 12 of 19 v 9,117 System Agency Contract No HHS000114000001 Page 22 of38 DocuSign Envelope ID:226317462-4705471D-BB3B-9F911141F460 b. Requiring the Grantee to take specific corrective actions in order to remain in compliance with tern ofthe Contract; c. Recouping payments made to the Grantee found to be in error, d. Suspending,limiting,or placing conditions on the continued performance of the Project; e. Imposing any other remedies authorized under this Contract;and f. Imposing any other remedies,sanctions or penalties pennitted by federal or state statute, law, regulation,or rule. 8.02 Termination for Convenience The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination. 8.03 Termination for Cause Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law,the System Agency may terminate the Contract,in whole or in part,upon either of the following conditions: a. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, at its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws,ordinances,roles,regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's Solicitation Response, if any or Grantee's addition to the Excluded Parties List System(EPLS) will also constitute a material breach of the Contract. b. Failure to Maintain Financial Viability The System Agency may terminate the Contract if,in its sole discretion,the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the Services and Deliverables,or otherwise fully perform its responsibilities under the Contract. 8.04 Equitable Settlement Any early termination under this Article will be subject to the equitable settlement of the respective interests of the Parties up to the date of termination. ARTICLE L\NUSCELLANEOUS PROVISIONS 9.01 Amendment The Contract may only be amended by an Amendment executed by both Parties. 9.02 Insurance Unless otherwise specified in this Contract,Grantee will acquire and maintain,for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance,in the type and amount customarily carried within the industry as determined by the System Agency. Grantee will provide evidence of insurance as required Grantee Uniform Terms and Conditions Page 13 of 19 v 91 17 System Agency Contract No HHS000114000001 Page 23 of38 DocuSign Envelope ID:2263F462-4705-471D-13M-9F911141 F460 under this Contract,including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terns of this Contract, Grantee will secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract,Grantee must produce renewal certificates for each type of coverage. These and all other insurance requirements umder the Contract apply to both Grantee and its Subcontractors, if any.Grantee is responsible for ensuring its Subcontractors'compliance with all requirements. 9.03 Legal Obligations Grantee will comply with all applicable federal, state, and local laws, ordinances. and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. In addition to any other act or omission that may constitute a material breach of the Contract, failure to comply with this Section may also be a material breach ofthe Contract. 9.04 Permitting and Licensure At Grantee's sole expense, Grantee will procure and maintain for the duration of this Contract any state,county,city,or federal license,authorization,insurance,waiver,permit,qualification or certification required by statute,ordinance,law,or regulation to be held by Grantee to provide the goods or Services required by this Contract. Grantee will be responsible for payment of all taxes,assessments,fees,premiums,permits,and licenses required by law. Grantee agrees to be responsible for paynn:nt of any such government obligations not paid by its contactors or subcontractors during performance of this Contract. 9.05 Indemnity TO THE EXTENT ALLOWED BY LAW, GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS AND ITS OFFICERS AND EMPLOYEES, AND THE SYSTEM AGENCY AND ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS,DEMANDS,PROCEEDINGS,COSTS,DAMAGES,AND LIABILITIES,INCLUDING ATTORNEYS' FEES AND COURT COSTS ARISING OUT OF,OR CONNECTED WITH,OR RESULTING FROM: a. GRANTEES PERFORMANCE OF THE CONTRACT, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS OF GRANTEE,OR ANY AGENT,EMPLOYEE,SUBCONTRACTOR,OR SUPPLIER OF GRANTEE,OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE,IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT;OR b. ANY BREACH OR VIOLATION OF A STATUTE,ORDINANCE, GOVERNMENTAL REGULATION, STANDARD, RULE, OR BREACH OF CONTRACT BY GRANTEE, ANY AGENT, EMPLOYEE, SUBCONTRACTOR,OR SUPPLIER OF GRANTEE,OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE,IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR c. EMPLOYMENT OR ALLEGED EMPLOYMENT, INCLUDING CLAIMS OF DISCRIMINATION AGAINST GRANTEE,ITS OFFICERS,OR ITS AGENTS;OR Grantee Uniform Terms and Conditions Page 14 of 19 v 9.1.17 System Agency Contract No HHSOOO114000001 Page 24 of38 DocuSign Envelope ID:2263F462-4705-471 D-1313313-9F911141 F460 d. WORK UNDER THIS CONTRACT THAT INFRINGES OR MISAPPROPRIATES ANY RIGHT OF ANY THIRD PERSON OR ENTITY BASED ON COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE SYSTEM AGENCY AND ITS COUNSEL. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANI'CLAl11IS OR LIABILITIES RESULTING SOLELY FRONT THE GROSS NEGLIGENCE OF THE SYSTENI AGENCY OR ITS EMPLOYEES. THE PROVISIONS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS CONTRACT. 9.06 Assignments Grantee may not assign all or any portion of its rights under,interests in,or duties required tinder this Contract without prior written consent of the System Agency, which may be Withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge,or transfer the Contract.This assignment will only be made to another State agency or a non-state agency that is contracted to perform agency support. 9.07 Relationship of the Parties Grantee is,and will be,an independent contractor and,subject only to ffie terms of this Contract. will have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal-agent, or to otherwise create for the System Agency any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Grantee or any other Party. Grantee will be solely responsible for, and the System Agency will have no obligation with respect to: a. Payment of Grantee's employees for all Services performed; b. Ensuring each of its employees, agents, or Subcontractors who provide Services or Deliverables under the Contract are properly licensed, certified, or have proper permits to perform any activity related to the Work; e. Withholding of income taxes,FICA,or any other taxes or fees; d. Industrial or workers'compensation insurance coverage; e. Participation in any group insurance plans available to employees of the State of Texas; f Participation or contributions by the State to the State Employees Retirement System; g. Accumulation of vacation leave or sick leave;or It. Unemployment compensation coverage provided by the State. 9.08 Technical Guidance Letters In the sole discretion of the System Agency,and in conformance with federal and state law,the System Agency may issue instructions, clarifications, or interpretations as may be required during Work performance in the form of a Technical Guidance Letter. A TGL must be in Grantee Uniform Terms and Conditions Page 15 of 19 ,9117 System Agency Contract No HHSOOO114000001 Page 25 of38 DocuSign Envelope ID:2263F462-4705-471 D-BB3B-9F911141 F460 writing, and may be delivered by regular mail.electronic mail.or facsimile transmission. Any TGL issued by the System Agency will be incorporated into the Contract by reference herein for all purposes when it is issued. 9.09 Governing Law and Venue This Contract and the rights and obligations of the Parties hereto will be governed by, and construed according to,the laws of the State of Texas,exclusive of conflicts of law provisions. Venue of any suit brought under this Contract will be in a court of competent jurisdiction in Travis County, Texas unless otherwise elected by the System Agency. Grantee irrevocably waives any objection,including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. 9.10 Severability If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract will be construed as if such provision did not exist and the non- enforceability of such provision will not be held to render any other provision or provisions of this Contract unenforceable. 9.11 Survivability Termination or expiration of this Contract or a Contract for any reason will not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed will survive any such termination or expiration,remain to be performed,or by their nature would be intended to be applicable following any such termination or expiration,including maintaining confidentiality of information and records retention. 9.12 Force Majeure Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war;terrorism;rebellion;riots; strikes;acts of God;any valid order, rule,or regulation of governmental authority;or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing and,if possible,such notice will set forth the extent and duration thereof. 9.13 No Waiver of Provisions Neither failure to enforce any provision of this Contract nor payment for services provided under it constitute waiver of any provision ofthe Contract. 9.14 Publicity Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release,public announcement,or public disclosure relating to the Contract or its subject Grantee Uniform Terms and Conditions Page 16 of 19 v 91 17 System Agency Contract No HHS000114000001 Page 26 of38 DocuSign Envelope ID:2263F462-4705471D-BB3B-9F911141F460 matter, including in any promotional or marketing materials, customer lists, or business presentations. Grantee may publish,at its sole expense,results of Grantee performance under the Contract with the System Agency's prior review and approval,which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency,as appropriate. 9.15 Prohibition on Non-compete Restrictions Grantee will not require any employees or Subcontractors to agree to any conditions, such as non-compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.16 No Waiver of Sovereign Immunity Nothing in the Contract will be construed as a waiver of sovereign immunity by the System Agency. 9.17 Entire Contract and Modification The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terns in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible by the System Agency. 9.18 Counterparts This Contract may be executed in any number of counterparts,each of which will be an original. and all such counterparts will together constitute but one and the same Contract. 9.19 Proper Authority Each Party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Any Services or Work performed by Grantee before this Contract is effective or after it ceases to be effective are performed at the sole risk of Grantee with respect to compensation. 9.20 Employment Verification Grantee will confirm the eligibility of all persons employed during the contract term to perform duties within Texas and all persons, including subcontractors, assigned by the contractor to perform work pursuant to the Contract. 9.21 Civil Rights a. Grantee agrees to comply with state and federal anti-discrimination laws,including: 1. Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.); 2. Section 504 of the Rehabilitation Act of 1973(29 U.S.C.§794); 3. Americans with Disabilities Act of 1990(42 U.S.C.§12101 et seq.); 4. Age Discrimination Act of 1975(42 U.S.C.§§6101-6107); 5. Title IN of the Education Amendments of 1972(20 U.S.C.§§1681-1688); 6. Food and Nutrition Act of 2008(7 U.S.C.§2011 et seq.);and Grantee Uniform Terms and Conditions Page 17 of 19 v 91.17 System Agency Contract No HHS000114000001 Page 27 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F9II141F460 7. The System Agency's administrative rules,as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. Grantee agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws.These laws provide in part that no persons in the United States may,on the grounds of race,color,national origin, sex,age,disability,political beliefs,or religion,be excluded from participation in or denied any aid,care,service or other benefits provided by Federal or State funding,or otherwise be subjected to discrimination. b. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964,and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15,prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information,both orally and in writing, in appropriate languages other than English,in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs,benefits,and activities. c. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at:httn:"hhsex.hhsc.texas.eov7systenl-suonort- sen ices civil-rights'nublications d. Grantee agrees to comply with Executive Order 13279,and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. e. Upon request, Grantee will provide HHSC Civil Rights Office with copies of all of the Grantee's civil rights policies and procedures. f. Grantee must notify IIIISC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement.This notice must be delivered no more than ten(10)calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W.51''Street,Mail Code W206 Austin,Texas 78751 Phone Toll Free:(888)388-6332 Phone:(512)438-4313 Grantee Uniform Terms and Conditions Page 18 of 19 v9117 System Agency Contract No HHSOOOI 14000001 Page 28 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 TTY-Toll Free:(877)432-7232 Fax:(512)438-5885. Grantee Uniform Terms and Conditions Page 19 of 19 V9117 System Agency Contract No HHS000114000001 Page 29 of38 DocuSign Envelope ID:2263F462-4705-471 D-BB3l3-9F91 1141 F460 ATTACHMENT D SUPPLEMENTAL CONDITIONS There are no Supplemental Conditions for this Contract that modifies this Contract's HHS Uniform Terms and Conditions. SPECIAL CONDITIONS SECTION 1.01 NOTICE OF CONTRACT ACTION Grantee shall notify their assigned contract manager if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. SECTION 1.02 NOTICE OF BANKRUPTCY Grantee shall notify in writing its assigned contract manager of its plan to seek bankruptcy protection within five days of such action by Grantee. SECTION 1.03 NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS a. Grantee shall immediately report in writing to their contract manager when Grantee has knowledge or any reason to believe that they or any person with ownership or controlling interest in the organization/business,or their agent, employee,contractor or volunteer that is providing services under this Contract has: 1. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority;or 2. Been placed on community supervision,received deferred adjudication,or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. b. Grantee shall not permit any person who engaged,or was alleged to have engaged,in any activity subject to reporting under this section to perform direct client services or have direct contact with clients,unless otherwise directed in writing by the System Agency. System Agency Contract No HHS000114000001 Page 30 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 Section 1.04 Grantee's Notification of Chan:ze of Contact Person or Key Personnel The Grantee shall notify in writing their contract manager assigned within ten days of any change to the Grantee's Contact Person or Key Personnel. SECTION 1.05 DISASTER SERVICES In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Grantee may be called upon to assist the System Agency in providing the following services: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; 1. Public health information; in. Vector control and veterinary services; and n. Victim identification and mortuary services. SECTION 1.06 CONSENT By NON-PARENT OR OTHER STATE LAW TO MEDICAL CARE OF A MINOR Unless a federal law applies, before a Grantee or its contractor can provide medical, dental, psychological or surgical treatment to a minor without parental consent,informed consent must be obtained as required by Texas Family Code Chapter 32. SECTION 1.07 TELEMEDICINE/TELEPSVCHIATRY MEDICAL SERVICES If Grantee or its Contractor uses telemedicine/telepsychiatry,these services shall be in accordance with the Grantee's written procedures. Grantee must use a protocol approved by Grantee's medical director and equipment that complies with the System Agency equipment standards,if applicable. Grantee's procedures for providing telemedicine service must include the following requirements: a. Clinical oversight by Grantee's medical director or designated physician responsible for medical leadership; b. Contraindication considerations for telemedicine use; c. Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e. Use by credentialed licensed providers providing clinical care within the scope of their System Agency Contract No H14S000114000001 Page 31 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 licenses; f. Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g. Priority in scheduling the system for clinical care of individuals; h. Quality oversight and monitoring of satisfaction of the individuals served; and i. Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 Texas Administrative Code Rule§ 448.911. SECTION 1.08 SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISFI PROFICIENCY a. Grantee shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English,to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs,benefits and activities. b. Grantee shall identify and document on the client records the primary language dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. c. Grantee shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency,unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. SECTION 1.09 THIRD PARTY PAI ORS Except as provided in this Contract, Grantee shall screen all clients and may not bill the System Agency for services eligible for reimbursement from third party payors,who are any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers,Medicaid,or other federal, state,local and private funding sources. As applicable,the Grantee shall: a. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs and bill those programs for the covered services; b. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; c. Allow clients that are otherwise eligible for System Agency services,but cannot pay a deductible required by a third party payor,to receive services up to the amount of the deductible and to bill the System Agency for the deductible; System Agency Contract No HHS000114000001 Page 32 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 d. Not bill the System Agency for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; e. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to System Agency; and g. Provide third party billing functions at no cost to the client. SECTION 1.10111V/AIDS MODEL WORKPLACE GUIDELINES Grantee shall implement System Agency's policies based on the Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome(HN/AIDS),AIDS Model Workplace Guidelines for Businesses at hap: xv%vw.dshs.stateAx.us/hivstd policy policies.shtm, State Agencies and State Grantees Policy No. 090.021. Grantee shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health& Safety Code§§ 85.112-114. SECTION 1.11 MEDICAL RECORDS RETENTION Grantee shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes,rules and regulations governing medical information. SECTION 1.12 NOTICE OF A LICENSE ACTION Grantee shall notify their contract manager of any action impacting its license to provide services under this Contract within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. SECTION 1.13 INTERIM EXTENSION AMENDMENT a. Prior to or on the expiration date of this Contract,the Parties agree that this Contract can be extended as provided under this Section. b. The System Agency shall provide written notice of interim extension amendment to the Grantee under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services are provided to clients without interruption. c. The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Grantee will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section(b)(1)above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. System Agency Contract No HHS000114000001 Page 33 of 38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F91I141F460 f. An interim extension under Section(b)(2) above shall be a one-time extension for a period of time determined by the System Agency. SECTION 1.14 GRANTEE'S CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: a) Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes,cigars, pipes,water pipes(hookah),bidis,kreteks, electronic cigarettes, smokeless tobacco,snuff and chewing tobacco; b) Designating the property to which this Policy applies as a"designated area,"which must at least comprise all buildings and structures where activities funded under this Contract are taking place, as well as Grantee owned, leased,or controlled sidewalks, parking lots,walkways, and attached parking structures immediately adjacent to this designated area; c) Applying to all employees and visitors in this designated area; and d) Providing for or referring its employees to tobacco use cessation services. If Grantee cannot meet these minimum standards,it must obtain a waiver from the System Agency. SECTION 1.15 PROPERTY INVENTORY AND PROTECTION OF ASSETS. Contractor shall maintain an inventory of equipment, supplies defined as controlled assets,and property and submit an annual cumulative report of the equipment and other property on Contractor's Property Inventory Report to the Department's Contract Oversight and Support Section,Mail Code 1326, P.O.Box 149347,Austin,Texas 78714- 9347,no later than October 15th of each year. The report is located on the DSHS website at: http: www.dslls.state.tx.us contracts fonus.shtm. Program Equipment,Program Supplies,Property Management and Reporting. a. Grantee shall initiate the purchase of all Equipment approved in writing by the System Agency in the first quarter of the Contract term,as applicable. Failure to timely initiate the purchase of Equipment may result in the loss of availability of funds for the purchase of Equipment.Requests to purchase previously approved Equipment after the first quarter in the Contract must be submitted to the assigned System Agency contract manager. b. Controlled Assets include firearms,regardless of the acquisition cost, and the following assets with an acquisition cost of$500 or more,but less than $5,000: desktop and laptop computers(including notebooks,tablets and similar devices),non-portable printers and copiers, emergency management equipment, communication devices and systems,medical and laboratory equipment, and media equipment.Controlled Assets are considered Supplies. c. Grantee shall maintain an inventory of Equipment,supplies defined as Controlled Assets,and real property and submit an annual cumulative report of the equipment System Agency Contract No HHS000114000001 Page 34 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 and other property on HHS System Agency Grantee's Property Inventory Report to the assigned System Agency contract manager by e-mail not later than October 15 of each year. d. System Agency funds must not be used to purchase buildings or real property without prior written approval from the System Agency. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre- approval. e. At the expiration or termination of this Contact for any reason,title to any remaining equipment and supplies purchased with funds under this Contract reverts to System Agency.Title may be transferred to any other party designated by System Agency. The System Agency may,at its option and to the extent allowed by law, transfer the reversionary interest to such property to Grantee. System Agency Contract No HHS000114000001 Page 35 of38 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 OMB Number:4040-0007 Expiration Date:01/31/2019 ASSURANCES-NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0040),Washington,DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions,please contact the awarding agency.Further,certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant,I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973,as amended(29 U.S.C.§794),which and the institutional,managerial and financial capability prohibits discrimination on the basis of handicaps;(d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975,as amended(42 U. of project cost)to ensure proper planning,management S.C.§§6101-6107),which prohibits discrimination on and completion of the project described in this the basis of age;(e)the Drug Abuse Office and application. Treatment Act of 1972(P.L.92-255),as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency,the Comptroller General abuse;(f)the Comprehensive Alcohol Abuse and of the United States and,if appropriate,the State, Alcoholism Prevention,Treatment and Rehabilitation through any authorized representative,access to and Act of 1970(P.L.91-616),as amended, relating to the right to examine all records,books, papers,or nondiscrimination on the basis of alcohol abuse or documents related to the award;and will establish a alcoholism;(g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968(42 U.S.C.§§3601 et seq.),as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i)any other conflict of interest,or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made;and,(j)the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply,or has already complied,with the 1970(42 U.S.C.§§4728-4763)relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition one of the 19 statutes or regulations specified in Policies Act of 1970(P.L.91-646)which provide for Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or Personnel Administration(5 C.F.R.900,Subpart F). whose property is acquired as a result of Federal or federally-assisted programs.These requirements apply to all interests in real property acquired for 6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in nondiscrimination.These include but are not limited to: purchases. (a)Title VI of the Civil Rights Act of 1964(P.L.88-352) which prohibits discrimination on the basis of race,color 8 Will comply,as applicable,with provisions of the or national origin;(b)Title IX of the Education Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328) Amendments of 1972,as amended(20 U.S.C.§§1681- which limit the political activities of employees whose 1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole the basis of sex;(c)Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 9. Will comply,as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C.§276c and 18 U.S.C.§874),and the Contract Act of 1966,as amended(16 U.S.C.§470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C.§§327- (identification and protection of historic properties), and 333),regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974(16 U.S.C.§§469a-1 et seq.). 10. Will comply,if applicable,with flood insurance purchase 14. Will comply with P.L.93-348 regarding the protection of requirements of Section 102(a)of the Flood Disaster human subjects involved in research,development,and Protection Act of 1973(P.L.93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15• Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10,000 or more. 1966(P.L.89-544,as amended,7 U.S.C.§§2131 et seq.)pertaining to the care,handling,and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research,teaching,or prescribed pursuant to the following:(a)institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969(P.L.91-190)and 16. Will comply with the Lead-Based Paint Poisoning Executive Order(EO)11514;(b)notification of violating Prevention Act(42 U.S.C.§§4801 at seq.)which facilities pursuant to EO 11738;(c)protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990;(d)evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988;(e)assurance of 17 Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133, Act of 1972(16 U.S.C.§§1451 et seq.);(f)conformity of "Audits of States,Local Governments,and Non-Profit Federal actions to State(Clean Air)Implementation Plans Organizations." under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(g)protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws,executive orders,regulations,and policies Drinking Water Act of 1974,as amended(P.L.93-523); governing this program. and,(h)protection of endangered species under the Endangered Species Act of 1973,as amended(P.L.93- 19, Will comply with the requirements of Section 106(g)of 205). the Trafficking Victims Protection Act(NPA)of 2000,as amended(22 U.S.C.7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from(1)Engaging in severe 1968(16 U.S.C.§§1271 et seq.)related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2)Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3)Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 4248(Rev.7-97)Back DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,00 0 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this commitment providing for the United Slates to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required statement shall be subjec t to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. APPLICANT'S ORGANIZATION PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: First Name: Middle Name: Last Name: Suffix: 'Title: SIGNATURE: 'DATE: DocuSign Envelope ID:2263F462-4705-471D-13I338-9F911141F460 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact#1 Name,Email and Phone Number: Primary Address of Contractor: FFATA Contact#2 Name,Email and Phone Number: ZIP Code:9-digits Required www.usps.com DUNS Number:9-digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number(VIN)14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date - 1 - Department of State Health Services Form 4734—June 2013 DocuSign Envelope ID:2263F462-4705-471D-1313313-9F911141F460 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative(Signor)of the Contractor, I hereby certify that the statements made by me in this certification form are true,complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year?❑Yes ❑ No If your answer is "Yes",skip questions"A", "B",and "C" and finish the certification. If your answer is"No",answer questions"A" and "B". A. Certification Regarding%of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑Yes ❑ No B.Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive$25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑Yes ❑ No If your answer is"Yes"to both question "A"and "B",you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑Yes ❑ No If your answer is"Yes"to this question,where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: - 2 - Department of State Health Services Form 4734—June 2013 DocuSign Envelope ID:2263F462-4705-471 D-1313313-9F911141 F460 FIHS Contract No. FIFIS000114000001 DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE AND CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY)("CONTRACTOR") This Data Use Agreement ("DUA"), effective as of the date signed below ("Effective Date"), is entered into by and between the Texas Health and Human Services Enterprise agency DSHS, ('`HHS"), and Corpus Christi-Nueces County Public Health District (City), a political subdivision of the State of Texas ("CONTRACTOR"), and incorporated into the terms of HHS Contract No., in Travis County,Texas(the'Base Contract"). ARTICLE 1. PURPOSE;APPLICABILITY;ORDER OF PRECEDENCE 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.45 CFR 164.504(e)(I)-(3).This DUA also describes HHS'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 HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, 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 seq.) 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 Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User"means a Person: HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 1 of 15 DocuSign Envelope ID:2263F462-4705-471D-131338-9F911141F460 HHS Contract No. FIHS000114000001 (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 (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,for an Authorized Purpose,create,receive,maintain, use,disclose or have access to, 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(herein"PHI"); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (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. "Legally Authorized Representative"of the Individual,as defined by Texas law,including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6);Tex. H.&S.Code§166.164;and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 2 of 15 DocuSign Envelope ID:2263F462-4705A71D-BB3B-9F911141F460 HHS Contract No. HFISOOO114000001 (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 164.502(b)(1);45 CFR 164.514(d) (B) Except as Required by Law,CONTRACTOR will not 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 (as defined in 45 C.F.R. 160.103) 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 CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas 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 HHS upon request.45 CFR. 164.308(a)(1)(ii)(C); 164.530(e); 164.410(b);164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either MIS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request.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 HHS 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); Texas Health &Safety Code Ch. 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 to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(h); 164.504(e)(1)(i) and(2). HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 3 of 15 DocuSign Envelope ID:2263F462-4705471D-1313313-9F911141F460 HHS Conu-acI No. iIHS000114000001 (G) CONTRACTOR is directly responsible for compliance with,and enforcement of, all conditions for creation, maintenance, use, disclosure,transmission and Destruction of Confidential Infonnation 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 PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to 111 IS in a Designated Record Set upon request.CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. 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. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of 111IS'request.45 CFR 164.524and 164.504(e)(2)(ii)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to MIS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164.504(e)(2)(Y)(E) and(F). (J) If PHI is subject to this Agreement,CONTRACTOR will document and make available to HJIS 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)(ii)(G)and 164.528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide,and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information.45 CFR 164.308; 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's legal responsibilities. Except as otherwise limited by this DUA,the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if. 45 CFR 164.504(e)(4)(A). HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 4 of 15 DocuSign Envelope ID:2263F462-4705-471 D-BB3B-9F911141 F460 HEIS Contract No. HHS000114000001 (1) Disclosure is Required by Law,provided that CONTRACTOR complies with Section 3.01(D);or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required 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)(ii)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS,use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA.45 CFR 164.504(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law,all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS,and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction.If such delivery or Destruction is not reasonably feasible,or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery 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 delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information.45 CFR 164.504(e)(2)(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,and/or maintains Confidential Information, CONTRACTOR will complete and return to 1-I1-IS at HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 5 of 15 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 FII-1S Contract No. VIHS00o114000001 infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry(SPI) at Attachment I . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by I II IS 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 HHS Confidential Information and will provide the updated document to HHS. HHS 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 reasonable 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 HIPAA 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 (pltysical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(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 HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request.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 IMS,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 hlformation and an incident response plan for an Event or Breach, to comply HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 6 of 15 DocuSign Envelope ID:2263F462-4705-471D-1313313-9F911141F460 HHS Contract No. HI]S000114000001 with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work.45 CFR 164.308;164.316,164.514(d);164.530(1)(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 for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308;164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS'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 of the U.S. Department of Health and Human Services, or other federal or state law.45 CFR 164.504(e)(2)(i)(1). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws.A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule,regulation or law,HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security.All electronic data transfer and communications of Confidential Information will be through secure systems.Proof of system,media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS'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 I If IS 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) For each type of Confidential Information CONTRACTOR creates,receives, maintains,uses,discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • 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; HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 7 of 15 DocuSign Envelope ID:2263F462-4705-471 D-BB3B-9F911141 F460 HEIS Contract No.1-11-IS000114000001 • 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 HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates,receives,maintains,uses,transmits,destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE,REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS.45 CFR 164.400-414. (A) CONTRACTOR will cooperate fully with HHS in investigating,mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. (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 HHS's reasonable satisfaction(the"incident response period").45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 8 of 15 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 HHS Contract No. IIHS000114000001 (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 after Discovery,or in a timeframe otherwise approved by HHS in writing,initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-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 HHS for, CONTRACTOR's single point of contact who will communicate with [if IS both on and off business hours during the incident response period. (2) Formal Notice.No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available:For(a)-(m)below: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 determined by CONTRACTOR at that time; HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 9 of 15 DocuSign Envelope ID:2263F462-4705471 D-BB3B-9F911141 F460 HHS Contract Vo. HHS000114000001 (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 HHS 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 HHS's approval as to the steps Individuals and/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); 0) The steps CONTRACTOR has taken, or will take,to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor,or Individuals and any law enforcement that may be involved in the Event or Breach, (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours 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 HHS, 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 11115 requests following Discovery. 4.02 Investigation,Response and Mitigation.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 HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 10 of 15 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 III IS Contract No. FIHS00011400000I (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS'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 HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 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) HHS may direct CONTRACTOR to provide Breach notification to Individuals,regulators or third-parties,as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third-parties, or any notice required by other state or federal authorities. 1114S shall have ten (10) business days to provide said feedback to CONTRACTOR.Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead,unless otherwise directed by HHS,and will contain contact information,including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number,if required by applicable law,rule,or regulation,for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made.If there are delays outside of CONTRACTOR's control,CONTRACTOR will provide written documentation of the reasons for the delay. (E) If 11115 delegates notice requirements to CONTRACTOR, HHS 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. STATEMENT OF WORK "Statement 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 HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto,is incorporated by reference in this DUA as if set out word-for-word herein. HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 11 of 15 DocuSign Envelope ID:2263F462-4705-471D-BB313-91F911141F460 HHS Contract No. FI HS00011.1000001 ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation,receipt,maintenance,use,disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create,maintain,transmit,use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, 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,HHS's agent(s) include,without limitation,the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. (A) HHS 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 Inforniation until such time as determined by HHS. (C) If 11HS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/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 HHS may determine necessary to maintain compliance with this DUA;or HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 12 of 15 DocuSign Envelope ID:2263F462-4705-471 D-BB313-9F911141 F460 IVIS Contract\o. [IFISO0011 4000001 (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS;or (4) Terminate the DUA and Base Contract immediately,and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation,the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible,HHS shall report the violation to the Secretary of the U.S.Department of Health and Human Services. (E) 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 1414S,as required by this DUA. 6.05 Governing Law,Venue and Litigation (A) The validity,construction and performance ofthis 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 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. 6.06 Injunctive Relief (A) CONTRACTOR acknowledges and agrees that I II IS 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 HHS for CONTRACTOR's or its Subcontractor's failure to comply.Accordingly, CONTRACTOR agrees that HHS 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. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees,directors,officers,Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 13 of 15 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F911141F460 HHS Contract No. HHS0001 1400000 1 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self-insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA.CONTRACTOR will request that MiS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA.Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect,at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, 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. 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto 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. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA,this DUA controls. 6.10 Automatic Amendment and Interpretation If there is (i)a change in any law, regulation or rule, state or federal, applicable to HIPPA and or Confidential Information,or(ii) any change in the judicial or administrative interpretation of any such law,regulation or rule„upon the effective date of such change,this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes.Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. ARTICLE 7. AUTHORITY TO EXECUTE The Parties have executed this DUA in their capacities as stated below with authority to bind their organizations on the dates set forth by their signatures. HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 14 of 15 DocuSign Envelope ID:2263F462-4705-471D-BB3B-9F9 I 1141F460 HHS Contract \o. HHS00011-4000001 IN WITNESS HEREOF, HHS and CONTRACTOR have each caused this DUA to be signed and delivered by its duly authorized representative: TEXAS HEALTH AND HUMAN SERVICES CONTRACTOR BY: BY: NAME: NAME: TITLE: TITLE: DATE: DATE: HHS Data Use Agreement(modified v.8.3)Local Health Departments October 21,2015 Page 15 of 15 Docu ■sacuato Certificate Of Completion Envelope Id:2263F4624705471 D6B3B9F911141 F460 Status:Sent Subject:New$241,637;HHS000114000001 City of Corpus Christi-Nueces Cc PHD;DSHS/IMM/LOCALS Source Envelope: Document Pages:64 Signatures:0 Envelope Originator: Certificate Pages:2 Initials:0 Texas Health and Human Services Commission AutoNav:Enabled 1100 W.49th St. Envelopeld Stamping:Enabled Austin,TX 78756 Time Zone:(UTC-06:00)Central Time(US&Canada) PCS_DocuSign@hhsc.state.tx.us IP Address:167.137.1.16 Record Tracking Status:Original Holder:Texas Health and Human Services Location:DocuSign May 8,2018 Commission PCS_DocuSign@hhsc.state tx.us Signer Events Signature Timestamp Annette Rodriguez Sent:May 8,2018 annetter@cctexas.com Health Director City of Corpus Christi Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Janna Zumbrun janna.zumbrun@dshs.texas gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Jodi Day COPIED Sent:May 8,2018 Jodi.Day@hhsc.state.tx.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tray Kirkpatrick COPIED Sent:May 8,2018 tray.kirkpatdck@dshs.texas.gov Contract Manager Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Not Offered via DocuSign CMU Contract Inbox COPIED Sent:May 8,2018 cmucontracts@dshs.texas.gov Viewed:May 8,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jessica Hernandez COPIED Sent:May 8,2018 jessicah2@cctexas.com Viewed:May 11,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted May 8,2018 Payment Events Status Timestamps �o AGENDA MEMORANDUM /NOflPORPT EFirst Reading Ordinance for the City Council Meeting of June 19, 2018 TS52 Second Reading Ordinance for the City Council Meeting of June 26, 2018 DATE: June 5, 2018 TO: Keith Selman, Interim City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Accepting and appropriating State grant amendment for tuberculosis prevention and control services for the contract period of September 1, 2018 through August 31, 2019 CAPTION: Ordinance authorizing an amendment to the Tuberculosis Prevention and Control-State (TB/PC- STATE) grant contract in the amount of $61,645.00 with a City match of $12,329.00 to provide tuberculosis prevention and control services. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District ("CCNCPHD"). BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant contract amendment in the amount of $61,645.00 to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District. Acceptance of the grant requires that the City of Corpus Christi contribute an in-kind grant match of 20% ($12,329) of the grant amount of $61,645.00. The DSHS is allowing the CCNCPHD (City) to use 20% of the annual salary of a CCNCPHD (County) Public Health Nurse working in the TB Clinic who is paid by the Nueces County General Fund to satisfy the 20% grant match requirement. ALTERNATIVES: Refuse the grant and discontinue offering services to prevent and control tuberculosis in the community. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency. This item requires two readings and ratification of the grant contract to begin September 1, 2018. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense X Revenue ❑ CIP Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $5,137.00 $56,508.00 $61,645.00 BALANCE $5,137.00 $56,508.00 $61,645.00 Comments: Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% ($12,329) of the grant amount of$61,645.00. The cash match will be included in the Health District Nueces County General Fund Budget for FY2017 and FY2018. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 537-18-0032-0001 (Amendment No. 01) Ordinance authorizing an amendment to the Tuberculosis Prevention and Control-State (TB/PC-STATE) grant contract in the amount of $61,645.00 with a City match of $12,329.00 to provide tuberculosis prevention and control services. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee and/or Director of Public Health is authorized to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control-State (TB/PC-STATE) grant in the amount of $61,645.00, increasing the total amount to $147,948.00, from the Texas Department of State Health Services with a City match of $12,329.00, increasing the total match amount to $24,658.00 in the Health Grants Fund No. 1066, for the amended contract period of September 1, 2017, through August 31, 2019, to provide tuberculosis prevention and control services. Section 2: That the increased grant amount of $147,948.00, is appropriated in the No. 1066 Health Grants Fund to continue the TB/PC-STATE grant in the Health Department. Section 3: The amendment includes revisions to Section 3. Duration., Section 4. Budget; Attachment A: Section I.G, Section 1II.A; Attachment B-1, FY2019 Budget is added; Attached D, Section 1.16 is added. Section 4: Further the City Council ratifies acceptance of the grant to begin as of September 17 2018. A copy of the executed grant shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor DocuSign Envelope ID:118B7B23-FDDE-497D-94DC-96AOA71A9366 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 537-18-0032-00001 AMENDMENT No. 1 THE DEPARTMENT OF STATE HEALTH SERVICES ("System Agency" or DSHS") and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) ("Grantee") who are collectively referred to herein as the "Parties," to that certain grant Contract effective September 1, 2017 and denominated DSHS Contract No. 537-18-0032-00001, now desire to amend the Contract. WHEREAS, the System Agency has chosen to exercise its option to renew the Contract in accordance with Section III of the Contract Signature Document; WHEREAS, the Parties desire to revise the Budget to add funds for the period beginning September 1, 2018 through August 31, 2019 (hereinafter referred to as "Fiscal Year 2019" or "FY2019"); Whereas,the Parties desire to revise the Statement of Work; and Whereas the Parties desire to add to the Supplemental and Special Conditions. Now,THEREFORE,the Parties hereby amend and modify the Contract as follows: 1. SECTION III of the Signature Document, DURATION, is hereby amended to reflect a revised termination date of August 31, 2019. 2. SECTION IV of the Signature Document, BUDGET is hereby amended to add SIXTY-ONE THOUSAND SIX HUNDRED FORTY-FIVE DOLLARS ($61,645.00) in DSHS funding with the Grantee providing a total of TWELVE THOUSAND THREE HUNDRED TWENTY-NINE DOLLARS($12,329.00)in matching funds, for a total Contract amount not to exceed ONE HUNDRED FORTY-SEVEN THOUSAND NINE HUNDRED FORTY-EIGHT DOLLARS ($147,948.00). 3. SECTION I.G. of ATTACHMENT A,STATEMENT OF WORK is hereby deleted in its entirety and replaced with the following: G.Not lapse more than I%of the total funded amount of the Contract. System Agency Contract No.537-18-0032-00001 Pagel of4l DocuSign Envelope ID:118B7B23-FDDE-497D-94DC-96AOA71A9366 4. SECTION III.A. of ATTACHMENT A, STATEMENT OF WORK is hereby amended to add the following email address to which vouchers and any supporting documentation must also be submitted by electronic mail: CMSinvoicesndshs.texas.gov. 5. The Parties agree to add to the Contract ATTACHMENT B-1, FY2019 BUDGET, which is attached to this Amendment and incorporated into the Contract as if fully set forth therein. All FY2019 expenditures shall be made in accordance with Attachment B-1. 6. ATTACHMENT D,SUPPLEMENTAL AND SPECIAL CONDITIONS is hereby amended to add the following new Section 1.16 under the Special Conditions: SECTION 1.16 GRANTEE'S CERTIFICATION OF MEETING OR EXCEEDING TOBACCO- FREE WORKPLACE POLICY MINIMUM STANDARDS. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of- a) £a) Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; b) Designating the property to which this Policy applies as a "designated area," which must at least comprise all buildings and structures where activities funded under this Contract are taking place, as well as Grantee owned, leased, or controlled sidewalks, parking lots, walkways, and attached parking structures immediately adjacent to this designated area; c) Applying to all employees and visitors in this designated area; and d) Providing for or referring its employees to tobacco use cessation services. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency. 7. This Amendment No. 1 shall be effective as of September 1, 2018. 8. Except as amended and modified by this Amendment No. 1, all terms and conditions of the Contract, as amended, shall remain in full force and effect. In the event of a conflict between the Contract and the terms of this Amendment, the terms of this Amendment shall control. 9. Any further revisions to the Contract shall be by written agreement of the Parties. Signature Page Follows. System Agency Contract No.537-18-0032-00001 Page 2 of4l DocuSign Envelope ID:118B7B23-FDDE-497D-94DC-96AOA71A9366 SIGNATURE PAGE FOR AMENDMENT NO. 1 SYSTEM AGENCY CONTRACT No.537-18-0032-00001 DEPARTMENT OF STATE HEALTH SERVICES GRANTEE By: Name: Title: Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENT IS ATTACHED AND INCORPORATED AS PART OF THE CONTRACT: ATTACHMENT B-1 FY2019 BUDGET Approved as to fo 41 rZ Assistant City Attorney For City Attorney System Agency Contract No.537-18-0032-00001 Page 3 of 4 DocuSign Envelope ID:118B7B23-FDDE-497D-94DC-96AOA71A9366 ATTACHMENT B-1 FY2019 BUDGET Organization Name: Corpus Christi-Nueces County Public Health District (City) Program ID: TB/State Contract Number: 537-18-0032-00001—AMENDMENT 1 Budget Categories DSHS Cash Match Category Total Funds Personnel $25,440.00 $12,329.00 $37,769.00 Fringe Benefits $10,893.00 $0.00 $10,893.00 Travel $1,812.00 $0.00 $1,812.00 Equipment $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 Contractual $18,000.00 $0.00 $18,000.00 Other $5,500.00 $0.00 $5,500.00 Total Direct Costs $61,645.00 $12,329.00 $73,974.00 Indirect Costs $0.00 $0.00 $0.00 Totals $61,645.00 $12,329.00 $73,974.00 System Agency Contract No.537-18-0032-00001 Page 4 of 4 Docu GsecuR90 Certificate Of Completion Envelope Id:118B7B23FDDE497D94DC96AOA7lA9366 Status:Sent Subject:Amending$123,290;537-18-0032-00001 Corpus Christi-Nueces A-1;DSHS/CMS Source Envelope: Document Pages:9 Signatures:0 Envelope Originator: Certificate Pages:2 Initials:0 Texas Health and Human Services Commission AutoNav:Enabled 1860 Michael Faraday Dr Envelopeld Stamping:Enabled Reston,VA 20190 Time Zone:(UTC-06:00)Central Time(US&Canada) PCS_DocuSign@hhsc.state.tx.us IP Address:167.137.1.16 Record Tracking Status:Original Holder:Texas Health and Human Services Location:DocuSign March 29,2018 Commission PCS_DocuSign@hhsc.state.tx.us Signer Events Signature Timestamp Annette Rodriguez Sent:March 29,2018 annetter@cctexas.com Viewed:March 29,2018 Health Director City of Corpus Christi Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Janna Zumbrun janna.zumbrun@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Stefanie Jackson COPIED Sent:March 29,2018 stefanie.jackson@hhsc.state.tx.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Ebony White COPIED Sent:March 29,2018 Ebony.White@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp CMU Contract Inbox COPIED Sent:March 29,2018 cmucontracts@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign William Uhlarik Sent:March 29,2018 williamu2@cctexas.com COPIED Viewed:March 30,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted March 29,2018 Payment Events Status Timestamps CITY COUNCIL EXECUTIVE SUMMARY Council Priority STREETS 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 June 19, 2018 Ordinance 18-0542 June 26, 2018 Agenda Title: Advance Funding Agreement (AFA) — Region-Wide Bike Boulevard Wayfinding Initiative PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: o Execute AFA with Texas Department of Transportation (TxDOT) ■ For Region-Wide Bike Boulevard Wayfinding Initiative Project ■ With payment to TxDOT of City's monetary contribution in the amount of$64,500 o Amend Street CIP budget (revenues & expenditures), increasing by $418,000 for TxDOT match SUMMARY ➢ Joint TxDOT / City project o TxDOT - $418,000 (80%) o City - $104,500 (20%) ■ $ 40,000 In-kind services (staff support) ■ $ 64,500 monetary contribution ➢ Project Scope - Design and construct: o New standards and locations for ■ Pavement markings ■ Trailhead markers ■ Signage ■ Per Corpus Christi Metropolitan Planning Organization (MPO) Strategic Plan for Active Mobility o To better identify bicycle routes and trails in city ➢ TxDOT match approved in 2016 MPO Transportation Alternatives Program TAP PRIOR COUNCIL ACTION ➢ None FINANCIAL CONSIDERATIONS ➢ Bond 2014 TxDOT Participation Project— City match funds ➢ City responsible for any costs in excess of project budget ALTERNATIVES ➢ Authorize execution of AFA. SUPPORTING DOCUMENTS ➢ Item Details ➢ Ordinance ➢ Location Map ➢ Presentation ➢ Advance Funding Agreement FUTURE ACTIONS ➢ None Project No.E17054 M A/CJ Rev.2—06/13/18 Item Details Legistar # 18-0542 Advance Funding Agreement (AFA) — Region-Wide Bike Boulevard Wayfinding Initiative (Bond 2014) Council Meeting Dates: Item Being Considered: Future Item —June 19, 2018 Ordinance Action Item - June 26, 2018 RECOMMENDATION: Authorization to approve an Ordinance appropriating $418,000 in the Street CIP Fund, amend the Capital Improvement Program (CIP) expenditure and revenue budget accordingly, and execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the Region-Wide Bike Boulevard Wayfinding Initiative Project(Project). SUMMARY: In December 2013, the City approved MobilityCC, a document which merged the existing Urban Transportation Plan and the ADA Master Plan, and incorporated the result as an element of the City's Comprehensive Plan. The Bicycle Mobility Plan was approved by Council in May 2016 as an amendment to MobilityCC and is intended to "...foster cycling as a meaningful transportation alternative for riders of diverse abilities." In 2016, the City was approved as a Transportation Alternatives Program (TAP) project funding recipient for a Regional Wayfinding Initiative ("Region-Wide Bike Boulevard Wayfinding Initiative"). The Initiative lets users and potential users know where bike boulevards are on the regional bike network as well as how far to an intersecting link to another part of the network or to a specific destination (such as a school, library or park) along individual boulevards. The Initiative includes development of new designs and standards for pavement markings,trailhead markers and signage, as well as installation on up to 30 miles of city streets in accordance with the Corpus Christi Metropolitan Planning Organization (MPO) Strategic Plan for Active Mobility(Phase 1: Bicycle Mobility Plan). The Region-Wide Bike Boulevard Wayfinding Initiative is a joint TxDOT/City project with an 80/20 cost sharing for design and construction. The project budget is $522,500. The TxDOT match of $418,000 (80%) was approved in the 2016 MPO Transportation Alternatives Program (TAP). The City's match of $104,500 (20%) includes an in-kind contribution through staff support of$40,000 for a balance of$64,500 due in full to TxDOT 60 days before construction begins. The City match is programmed into the Bond 2014 TxDOT Participation Project. The City will be responsible for any costs which exceed the current $522,500 budget. The Advance Funding Agreement (AFA) with TxDOT must be executed to move forward with the Project. PREVIOUS COUNCIL / BOARD ACTIONS: May 24, 2016 — Council approved Ordinance (030861) amending MobilityCC (adopted in 2013 by Ordinance 030022) to incorporate the Bicycle Mobility Plan. Project No.E17054 1 MA/CJ Rev.2—06/13/18 Ordinance appropriating into Street CIP Fund and changing the Capital Improvement Program Budget by $418,000 and authorization to execute an Advance Funding Agreement with the Texas Department of Transportation for the Region-wide Bike Boulevard Wayfinding Initiative with the City's contribution of $64,500 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. $418,000 of anticipated revenue from the Texas Department of Transportation is appropriated into Fund No. 3530 for the Region-Wide Bike Boulevard Wayfinding Initiative SECTION 2. The FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 is amended to add $418,000 of anticipated revenue from the Texas Department of Transportation to the Region-wide Bike Boulevard Wayfinding Initiative. (Street Bond 2014) SECTION 3. Revenues and expenditures in the amount of $418,000 are increased in the FY 2018 Capital Improvement Program Budget adopted by Ordinance No 031249. SECTION 4. The City Manager or designee is authorized to execute an Advanced Funding Agreement with the Texas Department of Transportation for the Region-Wide Bike Boulevard Wayfinding Initiative with a payment of $64,500 for direct state cost reimbursement. 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 Chr sti Engineering Region-Wide Bike Boulevard Wayf inding Initiative Council Presentation June 19, 2018 Location Map 1 Co�pU5 Chi SO Engineering REGION WIDE BIKE BOULEVARD WAYFINDING N SCALE N.T.S. t Project Scope Corpus Chr SO Engineering This is a Joint City/TXDOT project for Citywide improvements including: • Pavement markings for bike boulevards � - • Trail markers and directional signage for bike paths • Identification of marking and signage locations • 80/20% cost sharing (TXDOT/City) m ix • Traffic improvement on —20 —30 miles of city streets Bike Boulevard Pavement Marking This item includes the payment of $64,500 to TXDOT for administration and oversight support. Project Schedule Corpus Chr sti Engineering May June July Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Design Bid Construction Project Design Estimate = 6 Months CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM PROJECT TxDOT-Selected Off-System This Local Project Advance Funding Agreement("LPAFA") is made between the State of Texas ("State"), acting through the Texas Department of Transportation, and City of Corpus Christi ("Local Government"), acting through its duly authorized officials. BACKGROUND Local Government and State have adopted a Master Agreement that states the general terms and conditions for transportation projects developed through this LPAFA. Local Government prepared and submitted to State or Metropolitan Planning Organization ("MPO") a nomination form for consideration under the Transportation Alternatives Program ("TAP") for the project, which is briefly described as Region-WideBike Blvd Wayfinding Initiative ("Project"). Federal law establishes federally funded programs for transportation improvements to implement its public purposes. Federal law, 23 USC§ 134 and 49 USC§5303, requires that State and MPOs develop transportation plans and programs for urbanized areas of Texas. Tex. Transp. Code §§ 201.103 and 222.052 establish that State shall design, construct, and operate a system of highways in cooperation with local governments. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds. The Texas Transportation Commission ("Commission") passed Minute Order Number 114491 ("MO") dated February 16, 2016 awarding funding for projects in the 2018 TAP Program Call of the Corpus Christi MPO, including Project. The rules and procedures for TAP are established in 23 USC§ 213, and 43 Tex.Admin. Code Subchapter 11.F. The governing body of Local Government has approved entering into this Agreement by resolution or ordinance dated {select date},which is attached to and made a part of this Agreement as Attachment A. Therefore, State and Local Government agree as follows: AFA-LPAFA_TAP Page 1 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development AGREEMENT 1. Period of Agreement and Performance 1.1. Period of Agreement.The period of this LPAFA is as stated in the Master Agreement, without exception. 1.2. Period of Performance. a. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization Agreement("FPAA")for that phase of work. Local Government may not begin work until issued the State Letter of Authority("SLOA")for that phase of work. b. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Termination of the Agreement 2.1. This Agreement may be terminated by any of the following conditions: a. By mutual written consent and agreement of all parties; b. By any party with 90 days written notice; or C. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. 2.2. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. 2.3. If Local Government withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. 2.4. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A project may be eliminated from the program, and this Agreement terminated, if: a. Local Government fails to satisfy any requirements of the program rules cited in 43 Tex. Admin. Code Subchapter 11.F. b. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. C. Local Government withdraws from participation in Project. d. State determines that federal funding may be lost due to Project not being implemented and completed. AFA-LPAFA_TAP Page 2 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development e. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. f. The associated FPAA is not issued by the end of the third federal fiscal year following the federal fiscal year for which the funds are authorized. Federal fiscal years run October 1 through September 30. g. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State. 2.5. State, at its sole discretion, may terminate this Agreement if State does not receive project invoice within 270 days of FPAA. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work, Use of Project, and Project Location 4.1. The scope of work for Project (located as shown in Attachment B, Project Location Map) consists of: This project is to install bike boulevard designation and traffic safety signage on 20-30 miles of city streets, to include thermoplastics, street blades,gateway signage, wayfinding signage, and share the road signage. 4.2. Any project changes proposed must be submitted in writing by Local Government to State. Changes may also require an amendment to this Agreement and the approval of the FHWA, State, MPO, or the Commission. Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. 5. Right of Way and Real Property Acquisition 5.1. Right of way and real property acquisition shall be the responsibility of Local Government.Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property. If Local Government is the owner of any part of Project site under this Agreement, Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. 5.2. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC§4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR § 24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for review and inspection. 5.3. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of(1) State, if the real property is to be made part of the State Highway System, and (2) Local Government, otherwise.The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and AFA-LPAFA_TAP Page 3 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development any needed rights of entry over any other land needed to develop Project according to the approved Project plans. Local Government shall be responsible for securing any additional real property required for completion of Project. 5.4. Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property. Tracings of the maps shall be retained by Local Government for a permanent record. 5.5. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations must list the parcel numbers, ownership, acreage, and recommended compensation. The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values. State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. 5.6. For State-selected projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TAP Project. 5.7. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. 5.8. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project. State will not pay any of these costs. 5.9. If Project requires the use of real property to which Local Government will not hold title, a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement.The separate agreement between Local Government and the current property owner must establish that Project will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment as outlined in 43 Tex.Admin. Code § 11.317.The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion.The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. 5.10. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. AFA-LPAFA_TAP Page 4 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development 5.11. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved activities, and (2)the repayment of the Federal funds, as appropriate. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. Upon Project completion, State will continue to perform periodic visits to confirm Project's continued use and upkeep. 5.12. Before the advertisement for bids, Local Government shall provide a certification to State that all real property has been acquired. 6. Utilities Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to State of a delay resulting from Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. Unless specified in (1)the nomination form approved by State or MPO in consultation with State and (2)this agreement, Local Government will not be reimbursed with federal or state funds for the cost of required utility work. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins. Additional utility work may be required due to unknown conditions discovered during construction. These costs may be eligible for TAP participation if: (1)the activity is required to complete Project; (2)the cost is incidental to Project; and (3) TAP funding is available.Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 7. Environmental Assessment and Mitigation Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966,which require environmental clearance of federal-aid projects. 7.1. Local Government is responsible for the identification and assessment of any environmental problems associated with the development of Project. 7.2. Local Government is responsible for the cost of any environmental problem's mitigation and remediation.These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State or MPO in consultation with State. 7.3. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. 7.4. Before the advertisement for bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Architectural and Engineering Services Architectural and engineering services for preliminary engineering will be provided by Local Government. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these AFA-LPAFA_TAP Page 5 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development services; and with Tex. Gov't Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. For State-selected projects, architectural and engineering services are not eligible for TAP reimbursement. 8.1. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects,the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable.The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Officials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges.The use of other systems of specifications shall be approved by State in writing in advance. 8.2. When architectural and engineering services are provided by or through Local Government, Local Government shall submit any plans it has completed to State for review and approval. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval. 8.3. When architectural and engineering services are provided by or through State, then the following applies: State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work as required to accomplish Project purposes. State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 9. Construction Responsibilities 9.1. Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. 9.2. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract,whether the construction contract is awarded by State or by Local Government. 9.3. All contract change order review and approval procedures must be approved by State prior to start of construction. 9.4. Upon completion of Project, the party constructing Project will issue and sign a "Notification of Completion" acknowledging Project's construction completion. 9.5. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA- AFA-LPAFA_TAP Page 6 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.13. 9.6. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project,the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 10. Project Maintenance 10.1. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use.The property shall be maintained and operated for the purpose for which it was approved and funded for a period of time commensurate with the federal investment or State rules, whichever is greater. Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent. State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements. Should Local Government consider conveying the property, State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date.This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. 10.2. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring any warranties under this Agreement. 10.3. Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. 10.4. Should any historic properties be included in or affected by this federally funded Project,the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 11. Local Project Sources and Uses of Funds 11.1. A Project Budget Estimate and Source of Funds is provided as Attachment C, showing the total estimated development cost of Project.This estimate shows the itemized cost of real property, utilities, environmental assessments, construction, and other construction related costs. To be eligible for AFA-LPAFA_TAP Page 7 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development reimbursement or as in-kind contribution, costs must have been included in the nomination form approved by the Texas Transportation Commission or MPO in consultation with State. State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. 11.2. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through State, Local Government must complete training in Local Government Procedures Qualification for the Texas Department of Transportation before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on Project successfully completes and receives a certificate for the course. Local Government shall provide the certificate of qualification to State.The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of Project. State in its discretion may deny reimbursement if Local Government has not designated a qualified individual to oversee Project. 11.3. The Project budget and source of funds estimate based on the budget provided in the nomination form is included as Attachment C.Attachment C shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal Transportation Alternative Program funds assigned by the Commission or MPO in consultation with State to Project.This Agreement may be amended from time to time as required to meet the funding commitments based on revisions to the Transportation Improvement Program, Federal Project Authorization and Agreement("FMA"), or other federal documents. 11.4. Local Government will be responsible for all non-federal participation costs associated with Project, including any overruns in excess of Project's estimated budget and any operating or maintenance expenses. 11.5. State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement. 11.6. Following execution of this Agreement, but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment C for plan review. At least 60 days prior to the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment C for State's estimated construction oversight and construction cost. 11.7. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment C and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. AFA-LPAFA_TAP Page 8 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development 11.8. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the "Texas Department of Transportation." The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. 11.9. Upon completion of Project, State will perform an audit of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party. If after final Project accounting, any excess funds remain,those funds may be applied by State to Local Government's contractual obligations to State under another advance funding agreement with approval by appropriate personnel of Local Government. 11.10. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. 11.11. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal regulations, or if any other locally proposed changes, including but not limited to plats or re-plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government.The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. 11.12. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 11.13. State will not pay interest on any funds provided by Local Government. 11.14. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. 11.15. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. 11.16. If Local government is an Economically Disadvantaged County ("EDC") and if State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. 12. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction AFA-LPAFA_TAP Page 9 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of State, Local Government shall submit any information required by State in the format directed by State. 13. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 14. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this LPAFA. When required, Local Government shall furnish State with satisfactory proof of this compliance. 15. Disadvantaged Business Enterprise Program Requirements 15.1. The parties shall comply with the Disadvantaged Business Enterprise ("DBE") Program requirements established in 49 CFR Part 26. 15.2. Local Government shall adopt, in its totality, State's federally approved DBE program. 15.3. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. 15.4. Local Government shall follow all other parts of State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address: httP://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. 15.5. Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program, State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986(31 USC § 3801 et seq.). 15.6. Each contract Local Government signs with a contractor(and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub-recipient, or sub-con tractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements AFA-LPAFA_TAP Page 10 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 16. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, and further certifies that it will not do business with any party, to include principals,that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549.The parties to this Agreement shall require any party to a contract, subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by State, to furnish a copy of the certification. 17. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief,that: 17.1. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract,grant, loan, or cooperative agreement. 17.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 17.3. The parties shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite imposed by 31 USC § 1352 for making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 18. Insurance 18.1. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work,the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not AFA-LPAFA_TAP Page 11 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work. 18.2. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. 19. Federal Funding Accountability and Transparency Act Requirements 19.1. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act ("FFATA") and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pke/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. 19.2. Local Government agrees that it shall: a. Obtain and provide to State a System for Award Management ("SAM") number(Federal Acquisition Regulation ("FAR") Subpart 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is https://www.sam.gov/portal/public/SAM/ b. Obtain and provide to State a Data Universal Numbering System ("DUNS") number, a unique nine-character number that allows the federal government to track the distribution of federal money.The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on-line registration website http://fedgov.dnb.com/webform; and C. Report the total compensation and names of its top five executives to State if: 1. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and 2. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 20. Single Audit Report 20.1. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. 20.2. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter(if applicable)to TxDOT's Compliance Division, 125 East 11th Street, Austin,TX 78701 or contact TxDOT's Compliance Division at singleaudits@txdot.gov. If expenditures are less than the threshold during Local Government's fiscal year, Local Government must submit a statement to TxDOT's Compliance Division as follows: We did not meet the$ expenditure threshold and therefore, are not required to have a single audit performed for FY AFA-LPAFA_TAP Page 12 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development 20.3. For each year Project remains open for federal funding expenditures, Local Government will be responsible for filing a report or statement as described above.The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or Project has been formally closed out and no charges have been incurred within the current fiscal year. 21. Civil Rights Compliance 21.1. Compliance with Regulations:The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 21.2. Nondiscrimination:The Local Government,with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 21.3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. 21.4. Information and Reports:The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations and instructions. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 21.5. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. 21.6. Incorporation of Provisions:The Local Government will include the provisions of paragraphs 21.1 through 21.6 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take action AFA-LPAFA_TAP Page 13 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if Local Government becomes involved in, or is threatened with, litigation with a subcontractor, or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 22. Pertinent Non-Discrimination Authorities During the performance of this contract, the Performing Agency, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: 22.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. 22.2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). 22.3. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). 22.4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. 22.5. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). 22.6. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). 22.7. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). 22.8. Titles II and III of the Americans with Disabilities Act,which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. 22.9. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex). AFA-LPAFA_TAP Page 14 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development 22.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. 22.11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP).To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). 22.12. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). AFA-LPAFA_TAP Page 15 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. 24. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act(P.L. 101-336) (ADA). Each party is signing this agreement on the date stated opposite that party's signature. City of Corpus Christi Date: By: Valerie H. Gray P.E. Executive Director of Public Works THE STATE OF TEXAS Date: By: Kenneth Stewart Director of Contract Services Texas Department of Transportation AFA-LPAFA_TAP Page 16 of 16 Revised 2017-11-20 CSJ: 0916-35-206 District#: CRP 16 Code Chart 64#: 09800 Project: Region-Wide Bike Blvd Wayfinding Initiative CFDA Title: 20.205 CFDA Number: Highway Planning and Construction Federal Highway Administration Not Research and Development ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT AFA-LPAFA_TAP Page 1 of 1 Attachment A CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development ATTACHMENT B PROJECT LOCATION MAP Suggested Bicycle Boulevards for Implementation under CoCC TAP Grant COR1111 C111111TI Md.,byW,g,)tb by 0 Pn b,lb b.—p—pier W ImplemandYen ea part 1 br TPa1 AFA-LPAFA_TAP Page 1 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development T7,77 r � m Suggested Bicycle Boulevards forte. Implementation under CoCC TAP Grant anomY e�rie aoma.am �u mn�� CORPUS CHRISTI •�mpMeme (. esgi y mhg 1 ed h'TAP awaN hom MPJ and coortnamd wdM1 Mpn a d aero d— �I �ey d��y ye a o�m a�� o�� b,,TAP a - AFA-LPAFA_TAP Page 2 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development Suggested Bicycle Boulevards for fill Implementation under CoCC TAP Grant allergy aowia eovie�arde•tas maea� CORPUS CHRISTI e.a MPn mplemenlaelen(i e.desginvban by wvy of pvinusignoge)to be eunaed by iqa aware ham Mao ane eeerdinaeee ynen mairrtenancelraconatruction(per Strdets committee)b maaimiza eR'iclency -Bnndrng/easgn study ft,wanding signage to ba compra[ed prbr to dmpiemeneaEon as pare a COCCs matcM1 f,,T-..I AFA-LPAFA_TAP Page 3 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development Suggested Bicycle Boulevards for Implementation under CoCCTAP Grant 'Shown in RED on enclosed maps "Portion of segment include Bike Blvd as transitional treatment ID Road Limit Fro. umitTo Lengthlmq 1 18th McKenzie St Naples St 0.489 2 6th Buford St Ay-St 0.504 3 Alameda" Commanche St Staples St 1.376 4 Amber Graham Rd Don Patricio Rd 0.500 5 Angela Beverly Dr Lawnview St 0.076 6 Antelope North Ste les St People,St 0.418 7 Aquarius Whitecap Blvd Dasmarinas Dr 1.011 8 Arlino Churchill or Ayers St 0.281 ers n 9 A Boo St Ocean or 0.227 10 Beauvais Oso Parkway Loire Blvd 0.577 11 Bernice Burr Dr Delta Dr 0.506 12 Beverly Lawnview St Angelo Dr 0.112 13 BI-ins Lewis St S staples St 0.894 14 Booty`" Alameda St Ayers St 0.350 15 Breckhampton"' Stonehenge St Brockhampton St-Proposed 0.714 16 Brookhaven Brookside Dr McBurrett or 0.194 17 Buford Sabinas St 519th St 0.647 18 Buford'" Alameda St Ocean or 0.500 19 Burkshire 1L..bert Dr 5 Staples St 0.253 20 Burnin Tree Ca lall Dr Northwest Trail 0.035 21 Burr Lucille Dr Bernice or 0.432 22 Calallen W Redbird Ln Burnin Tree Ln 0.310 23 Caliche Creek Woodland Creek or Penn-Dr 0.125 24 Carmel Gollihar Rd 5 5ta les St 0.270 25 Center Defame Dr Carmel Park.. @Lamar Park 0.726 26 Cheyenne Lou St Tarlton St 1.001 27 Christie Sun brook Rd Gollihar Rd 0.247 28 Churchill Arlington Dr Trenton or 0.392 emm 29 Cler Aers St Lewis St 0.125 30 Cleo Sonora St S Port Ave 0.100 31 Cliff Crenshaw Willowwood Creek or Blades St. 0.399 32 Cliff Crenshaw Willowwood Creek Dr Windsor St 0.041 33 Clo de Baldwin Blvd Juanita St 0.217 34 Coke Winnebago St Lake St 0.058 35 Coleman S Alameda St S Upper Broadway St 0.430 36 Cruiser Whitecap Blvd Elbow Dr 0.796 37 Dasmarinas as St White. Blvd 1.055 38 Delta Bernice Dr Pharaoh Dr 0.154 39Don Patricio Amber or Stardust Ln 0.041 40 Duncan Ruth St Highland Ave 0.155 41 Dunstain I Hearn Rd Round Rock Sc 0.073 2/9/2017 Carpus Christi Metropolitan Planning Organizetion 1of4 AFA-LPAFA TAP Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development Suggested Bicycle Boulevards for I mplementation under COCCTAP Grant ID Road ntrdt From Limn To Le mi 42 Earnhart Dunbarton Wks Dr Ortiz Dr 0.103 43 EhnMth Juanita It Trenton Or 0.058 44 Elizabeth South 19th St Baldwin Blvd 0.295 45 Flour Bluff SH 358 N.Emnta a Rd Matlack St 0.261 46 Glazebmok Reid Dr lawnview S[ 0.316 47 Glazebmok 5wantner,St Reid Dr 0.180 48 6,-Iy Cullen Park Ditch Poenisch Dr 0.100 49 Ha Robert Dr Mon-Dr 0.547 50 Harvard Greenwood Dr Shaw St 0.180 51 Heam Ca1li.0 Rd Dunsdin St 0.472 52 Hill—hail R.11mg Rid eDr I—C, O.M. 53 Houston Napke st Ramsey St 0.124 54 Hudson Stafford St Prescott St 0.222 55 Hudson Shaw St Stafford St Q052 56 Huron Che a-St -s.st 0.133 57 Jester Miliary Dr NAS Or 0.773 58 Juanita Elizabeth St Cla de St O.o. 59 Juarez Cashnan St Sala zar It 0.162 60 Kennedy Koe ke St Minton St 0.054 61 Kenhier Paenisch Dr PoenischD am 62 Koe ke Van Loan Ave Kenned Ave 0.200 63 tew . A—St D-1Y Or 1.581 64 Lawnview A.SDr Brawner Pkwy0.534 65 Lewis Or.mer St Edwards St 0.250 66 Lexin o Minton St W Broadway St 0.459 67 Lou Air rt Road Ch nne St 0.503 68 Lucille Belmeade Dr Burr Dr O.OBfi 69 MaW McArdle Rd Marie St 0.082 /U MacArthur Belton Rd ru-St O.SU6 71 Mane Mable St GoMM,Rd 0.485 72 Matlack Flour Bluff Dr NfifitsW Dr 0.785 73 MC Bomeft Brookhaven Dr Pe Ln 0.479 74 McKenzie South 19th St Booty st 0.491 75 MCOendon ssu plea st Swa .ISL 0.195 75 Melbourne Brawner Pk"Ditch Blevins 0.699 77 Mss uits Belden St Interstate 37 0.064 78 Mes uite Hirsch St Belden It 0.482 ]9 Milita Jester St Matlock St 0.256 8o Minton --dy- -1.0-Ave 0.068 81 Mo netts H.,,y It Gollihar Rd 0.259 82 NMe airs Interstate 37 CPoer All 9.667 83 N Port Wes[Broadwa Mesquite St 0.868 84 Naples Gollihar St Roosevelt Dr 0.]80 85 New Bedford Brackham n5t Ortiz Or QSJ] 2/9/2017 Corpus Chdstl MetropolRan Planning Organization 2of4 AFA-LPAFA_TAP Page 5 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development Suggested Bicycle Boulevardsfor Implementation under CoCC TAP Grant ID Road umn From umltto Length(mi) 86 Ni, Sonora St S 19th St 0588 87 Nimitz South POK Ave Macaft St 0.040 88 Noakes Naeces Ray BW n 0.286 89 Northwest Trail Burnin Tree Ln Ripple Rd 0.306 90 Odom Sunn brook Rd McArdle Rd 0.252 91 Ortiz Famhart Dr New Bedford Or 0.130 92 Palmira Sea Pines Dr Pescadores Dr 0.568 93 Peermm Weber Rd Pe Dr 0.395 94 Peoples Antelope St Shoreliice Blvd 0.329 95 Penta,Creek Caliehe Geek Dr Turkey Creek Dr 0.054 96 Per Man, Dr Hearn Rd 0085 97 Pescadores Cruiser St Palmira Ave 1092 98 Pharaoh Delta Dr Nile Dr 0.357 99 Poenisch time)or 5Alameda St 0.257 100 Poenisch 5Alameda St Kentner St 0.249 1M Poenisch Kenner St Ocean Dr 0.256 1.Prescott Salazar St Gollihar Rd 0.145 103 Resaca" N Sam Punkin St Mes uRe 51 0.412 104 Retta Glenoak Dr Division Rd 0.746 105 Ri le Northwest Trail 137 Ron., 0.136 106 River Can n Wildcat Dr Rollinn Ride 0.113 107 River Forest River View Trail Calallen Dr 0.064 1D8 River View Trail Smith Dr River Forest Dr 0.191 109 Robert South Alameda St Harry St 01263 110 Rolling Ridge River Canyon Dr Rolling Rid e Dr-Propmed 0.187 111 Rollin Ride Hillwood Trail Rolling Ridge Dr F. ed 0.041 112 Roosevelt Ayer.St Rarny 51 0.420 113 Rossiter La-im St Ocean Dr 0.480 114 Round Rock Dunsmin St Senior Officer Prieto Park sidewalk 0.058 115 Ruth cease St Duncan St 0.236 1165U rBroadwa Coleman Ave Park Ave 0.133 11]Sabina Tadtnn St Hi Mand Ave 0.857 118 Sal- Juarez S[ Prescott St 0.127 119 Sam Rankin- Rail to Road-Port Ave Resaw St 0.045 1205haw Horne Road Harvard5t 0.259 121 Smith Hillwood Trail River View Trail 0.064 122 Sonora Ni. ra St Cleo St 0.120 123 South Cha nal Coleman Ave Whey St 0,294 124 Stafford Hudson St Hod.,St 0.022 125 Stardust Division Rd Don Patricio Rd 0.253 126 Sunn brook Christie St Odem Dr D.497 127 Swmm, McClendon st GI-1,rook St I- 1-1n, Giaoobrook St Texan Trail 0.118 129 Tarlton PrescoH St Churchill Dr 0.222 2/9/2017 CmpmChristi MetmiolRan Planning Organization 3014 AFA-LPAFA_TAP Page 6 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development Suggested Bicycle Boulevards for Implementation under CoCC TAP Grant ID Road Limit From Llm It To Len h(ml 130 bent., Elizabeth St Churchill Dr 0.089 1,31 Turkey Crc+ek Pernitas Creek or Cliff Crenshaw St 0.291 132 Van Loan Noakes St Koe ke St 0.131 1:33 Wasserman Weber Rd Brawner Parkwa wale 0.266 l34 West Broadway Lexington Ave N Port Ave 0.070 135 Whitaker Winston Dr Burr or 0.374 1.36 Willowood Creek Cliff Crenshaw St Violet Rd 0.204 137 Windsor Cliff Crenshaw St Violet Rd 0.214 138 Winston Crescent or Whitaker Or 0.030 133 Woodland Creek Senior Officer Prieto Park sidewalk Caliche Creek or 0.028 140 Yolanda Bloomin ton St W Point Rd 0.i1!i Total 45.271 2/n/lfll/ Corpus Christi 4 of4 ATTACHMENT C AFA-LPAFA_TAP Page 7 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development PROJECT ESTIMATE AND SOURCE OF FUNDS LG Performs PE Work or Hires Consultant/LG Lets Project to Construction Work Performed by Local Government("LG") Federal Participation Local Government(LG) Description of Total Project Cost State Participation Participation Includes additional percentage Includes any EDC reduction Project Costs to be Incurred Estimate forTDC apportionment where applicable where applicable % Cost % Cost % Cost Planning/Maps/Education/Non-CST $0 0% $0 0% $0 0% $0 Preliminary Engineering $0 0% $0 0% $0 0% $0 Environmental Cost $0 0% $0 0% $0 0% $0 Right of Way $0 0% $0 0% $0 0% $0 Utilities $0 0% $0 0% $0 0% $0 Construction $470,250 80% $376,200 0% $0 20% $94,050 In-kind donation Value $40,000 0% $0 0% $0 100% $40'000 (Add to Total Project Cost-20%Maximum value) Work by LG Subtotal $510,250 1 $376,200 $0 $134,050 Work Performed by the State(Local Participation paid up front by LG to TxDOT) Preliminary Engineering' $0 0% $0 0% $0 0% $0 Environmental Cost' $0 0% $0 0% $0 0% $0 Right of Way3 $0 0% $0 0% $0 0% $0 UtilitieS2 $0 0% $0 0% $0 0% $0 Construction $0 0% $0 0% $0 0% $0 Work by State Subtotal $0 $0 $0 $0 AFA-LPAFA_TAP Page 8 of 9 Attachment C CSJ:0916-35-206 District#:CRP 16 Code Chart 64#:09800 Project:Region-Wide Bike Blvd Wayfinding Initiative CFDA Title:20.205 CFDA Number:Highway Planning and Construction Federal Highway Administration Not Research and Development Direct and Indirect State Costs Incurred for Review,Inspection,Administration&Oversight Federal Participation Local Government(LG) Description of Total Project Cost Includes additional percentage State Participation Participation Project Costs to be Incurred Estimate for TDC apportionment where Includes any EDC reduction applicable where applicable % Cost % Cost % Cost Preliminary Engineering' $8,360 80% $6,688 0% $0 20% $1,672 Environmental Cost' $4,180 80% $3,344 0% $0 20% $836 Right of Way' $4,180 80% $3,344 0% $0 20% $836 Utilities' $4,180 80% $3,344 0% $0 20% $836 Construction $31,350 80% $25,080 0% $0 20% $6,270 Direct State Costs Subtotal $52,250 80% $41,800 0% $0 20% $10,450 Indirect State Costs $24,782.18 $0 $24,782.18 $0 TOTAL PARTICIPATION $547,282.18 $418,000 $24,782.18 $104,500 In-kind Contribution Credit Applied 100% $40,000 TOTAL REMAINING PARTICIPATIONLL��M I AFTER IN-KIND CONTRIBUTION $64,500 The estimated total participation by Local Government is$104,500,plus 100%of overruns. Total estimated payment by Local Government to State is$64,500. 'Local Government's first payment of$4,180 is due to State within 30 days from execution of this contract. Z Local Government's second payment of$60,320 is due to State within 60 days prior to the Construction contract being advertised for bids. 3I ROW is to be acquired by State,Local Government's share of property cost will be due prior to acquisition. The eligible percent of required local match is stated in the nomination and must be 20%or greater,unless In-Kind,EDC adjustments orTDCs are applied. This is an estimate,the final amount of Local Government participation will be based on actual costs. Maximum federal TAP funds available for Project are$418,00. AFA-LPAFA_TAP Page 9 of 9 Attachment C N SCALE: N.T.S. CITYWIDE PROJECT o � NUEOES&Y 0 81 N AL A CORPUS CHRisn 1 q 1ldWO Y � CIMII M caRgs cxtesn RAY e' i OSO RAY M xwi mmM FLOUR RWFF LAGUNA WORE GULF OF MDOCO LOCATION MAP NOT TO SCALE Project Number: E17054 REGION-WIDE BIKE BOULEVARD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS WAYFINDING INITIATIVE DEPARTMENT OF ENGINEERING SERVICES se O AGENDA MEMORANDUM NCORPORPSE 1852 Public Hearing and First Reading for the City Council Meeting of June 26, 2018 Second Reading for the City Council Meeting of July 17, 2018 DATE: June 4, 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 9630 Compton Road CAPTION: Case No. 0518-01 Suncrest Construction, Inc: Ordinance rezoning property at or near 9630 Compton Road from "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District. PURPOSE: The purpose of this item is to allow for the construction of a 3,700 square foot single-family residence. RECOMMENDATION: Planning Commission and Staff Recommendation (May 16Planning Commission and Staff Recommendation (May 16, 2018): Approval of the change of zoning from the "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS-22" Single-Family 22 District is consistent with the adopted Comprehensive Plan (Plan CC). 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. 0518-01 Suncrest Construction, Inc.: Ordinance rezoning property at or near 9630 Compton Road from "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Suncrest Construction, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, May 16, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District and on Tuesday, June 26, 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 Suncrest Construction, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 0.99 acres out of Lot 16, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Compton Road, east of Flour Bluff Drive, and west of Central Street (the "Property"), from "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District (Zoning Map No. 036032), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0518-01 Suncrest Construction, Inc\Council Documents\Ordinance_0518-01 Suncrest Construction, Inc.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\0518-01 Suncrest Construction, Inc\Council Documents\Ordinance_0518-01 Suncrest Construction, Inc.docx Page 3 of 3 IL CG-1 �° SUBJECT PROPERTY R E J� 2 OO O p kV RS-6 CG-1 Q- 6 3 0h sr 7 0 5 8 1 4 coMp�o RE hRp Date Created:413012018 0 400 800 Prepared By:JeremyM Feet Department of Development Services CASE: 0518-01 ZONING & NOTICE AREA "QS RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 / RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 / R° CN-2 Neighborhood Commercial RS-TF Two-Family 'Po° <•o CR-1 Resort Commercial \ RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse SUBJECTJ CG-2 General Commercial0 SP Special Permit PROPERTrY RV Recreational Vehicle Park a CI Intensive Commercial ;� CBD Downtown Commercial RMH Manufactured Home Cayo Del°so �v 0il14T CR-3 Resort Commercial FR Farm Rural Rice Q(� ,oG 0", H Historic Overlay N 041"O RO1 ry BP Business Park a Subject with 200'buffer O O favor S eeF-9'kOR Cl�f Corpus 4 Owners within 200'listed on v Owners LOCATION MAP Christiattached ownership table /�in opposition R PLANNING COMMISSION FINAL REPORT Case No. 0518-01 INFOR No. 18ZN1009 Planning Commission Hearing Date: May 16, 2018 = Owner: Suncrest Construction, Inc. a o Applicant: Kamal Ashour .L Location Address: 9630 Compton Road u Legal Description: Being 0.99 acres out of Lot 16, Section 48, Flour Bluff and Q°a o Encinal Farm and Garden Tracts, located on the north side of Compton Road, east of Flour Bluff Drive, and west of Central Street. *, From: "CG-1" General Commercial District & "RE" Residential Estate District a To: "RS-22" Single-Family 22 District -Es Area: 0.99 acres N ° Purpose of Request: To allow for the construction of a 3,700 square foot single-family residence. Existing Zoning District Existing Land Use Future Land Use "CG-1" General Site Commercial and Vacant Low Density Residential "RE" Residential Estate 0 �, "CG-1" General Public/Semi-Public Government and _ �, North Low Density •E �, Commercial and Vacant Residential o "CG-1" General a�= Vacant and Low Density = J South Commercial and "RE" Residential Estate Estate Residential Residential wLow Density East "RE" Residential Estate Estate Residential Residential West "CG-1" General Vacant Low Density Commercial Residential 06 Area Development Plan: The subject property is located within the boundaries Q c of the Flour Bluff Area Development Plan and is planned for low density M ° residential uses. The proposed rezoning to the "RS-22" Single-Family 22 a o District is consistent with the adopted Comprehensive Plan (Plan CC). a Map No.: 036032 Zoning Violations: None _ ° Transportation and Circulation: The subject property has approximately 179 feet of street frontage along Compton Road which is designated as a "Cl ° Minor Residential Collector Street. According to the Urban Transportation Plan, a N "Cl" Minor Residential Collector Streets can convey a capacity between 1,000 _ to 3,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type ' "Cl" Minor Compton Residential 60' ROW 60' ROW N/A Road Collector Street 40' paved 25' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District to allow for the construction of a 3,700 square foot single-family residence. Development Plan: The subject property is 0.99 acres in size. The owner is proposing a 3,700 square foot single-family residence with a 4 car garage. Existing Land Uses & Zoning: The subject property is currently zoned "CG-1" General Commercial District and "RE" Residential Estate District and consists of vacant land. The subject property was zoned "CG-1" General Commercial District in 1983 and "RE" Residential Estate District in 1982. The subject property was annexed in 1961 and has remained unplatted since the time of annexation. To the north and west is Real Life Church and is zoned "CG-1" General Commercial District. To the south across Compton Road is Lord of Life Lutheran Church zoned "CG-1" General Commercial District and large tract single-family residences (Oak Terrace Unit 1 Subdivision) zoned "RE" Residential Estate District. To the east is also bordered by large tract single-family residences (Oak Terrace Unit 1 Subdivision) zoned "RE" Residential Estate 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 Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "RS-22" Single-Family 22 District is consistent with the adopted Comprehensive Plan (Plan CC) and the following policies: • 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) Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). Staff Report Page 3 • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant and is a remaining unplatted lot and has split zoning consisting of the "CG-1" General Commercial District and "RE" Residential Estate District. The property is unplatted and has not been developed since annexation in 1961. • Due to the adjacency to properties zoned "CG-1" General Commercial, a Type C buffer yard will be required along the northern and western property lines. Type C buffer yards consist of 15 feet in width and a 15 point requirement as per the Unified Development Code (UDC). • If the "RS-22" Single-Family 22 District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (May 16, 2018): Approval of the change of zoning from the "CG-1" General Commercial District and "RE" Residential Estate District to the "RS-22" Single-Family 22 District. Vote Results: For: 9 Opposed: 0 Absent: 0 Abstained: 0 Number of Notices Mailed — 8 within 200-foot notification area 5 outside notification area 0 As of May 11, 2018: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area — 0 outside notification area a Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0518-01 Suncrest Construction,Inc\Council Documents\CC Report_0518-01 Suncrest Construction,Inc.docx IL CG-1 �° SUBJECT PROPERTY R E J� 2 OO O p kV RS-6 CG-1 Q- 6 3 0h sr 7 0 5 8 1 4 coMp�o RE hRp Date Created:413012018 0 400 800 Prepared By:JeremyM Feet Department of Development Services CASE: 0518-01 ZONING & NOTICE AREA "QS RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 / RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 / R° CN-2 Neighborhood Commercial RS-TF Two-Family 'Po° <•o CR-1 Resort Commercial \ RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse SUBJECTJ CG-2 General Commercial0 SP Special Permit PROPERTrY RV Recreational Vehicle Park a CI Intensive Commercial ;� CBD Downtown Commercial RMH Manufactured Home Cayo Del°so �v 0il14T CR-3 Resort Commercial FR Farm Rural Rice Q(� ,oG 0", H Historic Overlay N 041"O RO1 ry BP Business Park a Subject with 200'buffer O O favor S eeF-9'kOR Cl�f Corpus 4 Owners within 200'listed on v Owners LOCATION MAP Christiattached ownership table /�in opposition R o o y � - �: p z w Lus r/ Ue GELMrs JOIST PLAN N� c o � LEGALS n 99Q.Ff 96.0_o�PTa�Raao �� --------------- 6ITE PLAN 1-1—F T L< 444E001-D =A4 4 5 Il I • I 1 Zoning Case #0518-01 Suncrest Construction, Inc. Rezoning for a Property at 9630 Compton Road City Council Presentation June 26, 2018 Aerial Overview � ��,�q ax..���" -•�j�ea a .a4 _, r 'n. � � ,! 4y� ��" e , ,.b of rw oho o� �o�a Subject Property at 9630 Compton Road P �3t Yr , �•'- 47 g oa ` It���7 zA. I 4 G'L;CL7.Jl1 y >7`7\ Vicinity Map v �A, _ > i �oMPTo, ()OpenStresthlap and caniributor�,r Yealive GgFnrnone-Share Allke re���-�M ae se(LSC-BYSA) J Zoning Pattern 904 pL ���ap �O l3Me 1982 C�� [O�P C84 o O p o 0 ° ° �° o II �j 0 0 ® °lJ IJ N/ 0 0 m 4 f'% Planning Commission and %1 V Staff Recommendation Approval of the change of zoning from the "CG-1 " General Commercial District and "RE" Residential Estate District to the "RS- 22" Single-Family 22 District . i UDC Requirements .,. ., Buffer Yards: RS-22 to CG-1: Type C: 15' & 15 pts. Setbacks: Street: 25 feet Side: 10 feet SUBJECT \°r Rear: 10 feet PROPERTY 8 ' Parking: 2 Spaces per Dwelling Uses Allowed: `�MpT Single-Family Residential, Place of Worship, and Educational. Site Plan ao.o u.e ------------ i / I I kb ' 4� iiOA_T.R fz f y :•fbM 7 se O H v NC4RPORP1E AGENDA MEMORANDUM 1852 Action Item for City Council Meeting June 26, 2018 DATE: 6/4/2018 TO: Keith Selman, Interim City Manager FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB(ucctexas.com 361-826-3021 Resolution designating Mother Teresa Shelter in Corpus Christi as the subrecipient of Homeless Housing and Service Program funds from TDHCA. CAPTION: Resolution designating the Mother Teresa Shelter in Corpus Christi as the subrecipient of Homeless Housing and Services Program funds from the Texas Department of Housing and Community Affairs for 2019 and 2020. PURPOSE: The purpose of the resolution to conform to the requirements of TDHCA and designate Mother Teresa Shelter in Corpus Christi as the subrecipient to receive HHSP funding from TDHCA for the 2019 and 2020 funding years. BACKGROUND AND FINDINGS: In 2010, The Texas Department of Housing and Community Affairs (TDHCA) awarded Corpus Christi with Homeless Housing and Services Program (HHSP) funding. During this time, TDHCA requested Corpus Christi to utilize the funding for homeless-related services. In 2010, Corpus Christi designated Mother Teresa Shelter, located at 513 Sam Rankin St., Corpus Christi, Tx. as the recipient of the funding. Mother Teresa Shelter entered into a funding agreement with TDHCA at that time. Since 2010, Mother Teresa Shelter as been receiving and administering the funding of approximately $220,536 on an annual basis. The HHSP funding administered by Mother Teresa Shelter is used for facility rehabilitation, staffing, and direct financial assistance for clients under the HHSP guidelines. Mother Teresa Shelter also collaborates with Catholic Charities of Corpus Christi to provide the following for homeless: Financial Literacy Workshops, Credit Restoration, Rental Counseling, Financial Capability, Family Self-sufficiency, and Transitional Housing. Beginning in the 2019 (2018-2019) funding cycle, TDCHA is requiring cities who have a TDHCA-Subrecipient to formally designate the agency by Resolution. TDHCA also allows the designation to occur in two-year cycles which is the reason the resolution designates Mother Teresa as the subrecipient of HHSP funding for 2019 and 2020. The City is not directly obligated to these funds as the direct funding agreement is between TDHCA and Mother Teresa Shelter. ALTERNATIVES: Do not designate Mother Teresa Shelter as the receiving agency of HHSP funds. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Housing and Community Development FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2018-2019 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the passing of the Resolution designating Mother Teresa Shelter in Corpus Christi as the subrecipient of HHSP funds in Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Resolution Page 1 of 2 Resolution designating the Mother Teresa Shelter in Corpus Christi as the subrecipient of Homeless Housing and Services Program funds from the Texas Department of Housing and Community Affairs for 2019 and 2020. WHEREAS, the City of Corpus Christi is committed to reducing homelessness; and WHEREAS, the State of Texas provides Homeless Housing and Services Program (HHSP) funds to municipalities with populations of 285,500 or greater; and WHEREAS, these funds may be used to provide rental assistance, case management and other services or housing options that reduces homelessness; and WHEREAS, the State of Texas allows municipalities to designate the subrecipient for Texas Department of Housing and Community Affairs (TDHCA) to go through the contracting process; and WHEREAS, the City of Corpus Christi has a long-standing partnership with the Mother Teresa Shelter to provide services to the homeless in the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi designates the Mother Teresa Shelter of Corpus Christi, Texas to be the subrecipient of HHSP funds from the TDHCA for the 2019 and 2020 funding years. 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 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 - Dan Grimsbo, Executive Director of Utilities Jeff H. Edmonds, P. E., Director of Engineering Services Meeting Date Agenda Category Le istar ID June 19, 2018 Motion 18-0088 June 26, 2018 Agenda Title: Professional Services Contract—Amendment No. 1 for Old Broadway Wastewater Treatment Plant Decommissioning PROPOSED ACTIONS/RECOMMENDATIONS ➢ Staff Recommendation: Authorization to execute Amendment No.1 to professional services contract o With Freese and Nichols, Inc. of Corpus Christi, Texas o In the amount of$290,447 o For a total restated fee of$881,334 o For design, survey, bid and construction phase services SUMMARY ➢ Old Broadway Wastewater Treatment Plant (WWTP) constructed in 1930's ➢ Occupies — eight acres south of newly completed WWTP ➢ Phase 1 (preparation and submittal of decommissioning plan) complete ➢ Phase 2 (media removal and decommissioning of trickling filters) complete ➢ Phase 3 —demolition project (THIS ITEM) o Remove all existing facilities at 1402 West Broadway o Demolish and remove 2-story administrative building o Identify, remove and/or terminate all underground process piping o Grade site and establish vegetative cover PRIOR COUNCIL ACTION ➢ August 25, 2015— Council awarded Change Order No. 9 with Graham Construction Services, Inc. FINANCIAL CONSIDERATIONS ➢ Project approved in Capital Improvement Program ALTERNATIVES ➢ Authorize execution of contract. SUPPORTING DOCUMENTS ➢ Item Details ➢ Project Budget ➢ Location Map ➢ Presentation ➢ Contract Amendment FUTURE ACTIONS ➢ None Project No.E12159 PM/JR Rev.0—04/02/18 Item Details Legistar # 18-0088 Professional Services Contract— Old Broadway Wastewater Treatment Plant Decommissioning (Capital Improvement Program) Council Meeting Dates: Item Being Considered: Future Item —June 19, 2018 Motion Action Item - June 26, 2018 RECOMMENDATION: Authorization to execute Amendment No. 1 in the amount of$290,447 with Freese and Nichols, Inc. of Corpus Christi, Texas for a total restated fee of$881,334 for the Old Broadway Wastewater Treatment Plant Decommissioning project for design, bid and construction phase services. SUMMARY: The Old Broadway Wastewater Treatment Plant, was originally constructed in the 1930's, and occupies approximately eight acres south of the newly completed replacement wastewater treatment plant. In 2013, Phase 1 of the Broadway Wastewater Treatment Plant Replacement Project included the preparation and submittal of a decommissioning plan (Plan) to the Texas Commission on Environmental Quality (TCEQ). Upon TCEQ approval of the Plan, Phase 2, media removal and decommissioning of the trickling filters was performed. This demolition project will serve as the third and final phase of the Wastewater Facilities implementation plan and will remove all existing facilities at 1402 West Broadway to a depth of three feet below existing grade. It will also include demolition and removal of a two-story administration building and the identification, removal, and/or termination of all underground process piping. Once all structures have been removed, the site will be graded and vegetation established. City Staff recommends approval of Amendment No. 1 to the professional services contract with Freese and Nichols, Inc., of Corpus Christi, Texas in the amount of$290,447 for a total restated fee of$881,334 for Old Broadway Wastewater Treatment Plant Decommissioning for design, bid, and construction phase services. PREVIOUS COUNCIL / BOARD ACTIONS: August 25, 2015—City Council awarded Change Order No.9 with Graham Construction Services, Inc. of Eagan, Minnesota in the amount of$668,515.36. Project No. E12159 1 PM/JR Rev.0—04/02/18 PROJECT BUDGET ESTIMATE Old Broadway Wastewater Treatment Plant Decommissioning PROJECT FUNDS AVAILABLE: Wastewater CIP........................................................................................ $ 7,367,400 FUNDS REQUIRED: Construction Fee:....................................................................................... 5,423,900 Trickling Filter Media Removal (J.S. Haren)COMPLETE............. 1,023,900 Construction Estimate.......................................................... 4,000,000 Contingency(10%)........................................................... 400,000 Construction Inspection Estimate:................................................................. 221,022 Construction Inspection Estimate............................................ 221,022 Design, Survey and Geotechnical Fees:......................................................... 1,299,654 *Decommissioning(Freese and Nichols)................................... 590,887 Engineer(Govind Development)............................................. 49,950 Demolition (Freese and Nichols)THIS ITEM 290,447 Topographic Survey Estimate................................................ 221,022 Geotechnical Testing Estimate............................................... 147,348 Reimbursements:....................................................................................... 373,370 Contract Administration (Engineering/Finance/Capital Budget)...... 147,348 Engineering Services(Project Mgt/Constr Mgt).......................... 221,022 Misc. (Printing, Advertising, etc.)............................................. 5,000 TOTAL $ 7,317,946 ESTIMATED PROJECT BUDGET BALANCE $ 49,454 *Contract approved by City Council on December 11, 2012 by Motion No. M2012-198 LJ'd NUECES BAY 181 N �oF F�<ro SCALE: N.T.S. ti c 0'QR�poR SHIP C CORPUS CHRISTI g FpogR p A LEOPARD -7 Z PROJECT LOCATION 44 6q CHRISTI p �k'� 286 ZONAL Q OP 358 > MOR CORPUS CHRISTI BAY Q s� oma° 324} Mc�Rp<F O<<iygR 9A s �o G�o�� spia oo�ti TEXAS A&M UNIVERSITY O� y0, CORPUS CHRISTI o�iA Q' 358 22 DD ��RgTp � MogRp� o G CABANISSGj Z OSO BAY CORPUS CHRISTI FIELD 4i Q NAVAL AIR STATION Qv ° FAQ �v 4 43 FLOUR BLUFF 358 286 Z J Opp �Q� 0v Q� Q0J QO2 2444 YOR�T �Q' 39 owy LAGUNA MADRE LOCATION MAP NOT TO SCALE Project Number: E12159 Old Broadway Wastewater Treatment Plant CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS V441 Decommissioning DEPARTMENT OF ENGINEERING SERVICES war CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 The City of Corpus Christi,Texas, a Texas home-rule municipal corporation ("City")and Freese and Nichols, Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for Old Broadway Wastewater Treatment Plant Decommissioning (Project No. E12159): Original Contract I December 11, 2012 1 Motion No. M2012-198 $590,887 In the Original Contract, Exhibit A, Section 1. Scope of Services shall be amended as set forth in the attached Amendment No.1, Exhibit A. In the Original Contract, Exhibit A, Section 3. Fees shall be amended based on the modified scope of services in the attached Amendment No. 1, Exhibit A for a fee not to exceed $290,447, for a total restated fee not to exceed $881,334. All other terms and conditions of the December 11, 2012 Contract for Professional Services between the City and Consultant, and of any amendments to that contract,which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI FREES E ANfNICHOLS, INC. _ March 22, 2018 Jeff H. Edmonds, P.E. Date R6n Guzman, 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 Project Number E12159 Accounting Unit 4254-042 Account550950 Activity E12159-01-4254-EXP Account Category 50950 Fund Name Wastewater 2015 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E12159 BROADWAY WWTP DECOMISSIONING\FNI\AMENDMENT NO.1\CONTRACT\CONTRACT AMD NO.1.DOC REV.10/1/15 FREESEInnovative approaches Practical results rm'AICHOLS Outstanding service 800 N.Shoreline Blvd.,Suite 160ON • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com March 12, 2018 Mr.Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi,Texas 78469 Re: Broadway Wastewater Treatment Plan Demolition Professional Services Proposal Dear Mr. Edmonds: Freese and Nichols, Inc. (FNI) is pleased to provide our Broadway Wastewater Treatment Plant Demolition Professional Services proposal. Project Understanding: Freese and Nichols, Inc. (FNI) understands that the City of Corpus Christi (City) is planning on demolishing the old Broadway Wastewater Treatment Plant. The old Broadway Wastewater Treatment plant was originally constructed in the 1930's and has been expanded upon multiple times since its original construction. The current plant footprint is approximately 8.0 Acres and it consists of numerous above and below ground structures. The scope of the contract is to remove all structures to a depth of 3 feet below existing grade. Also included in this project is the demolition of a two-story Administration Building and identifying/removing/terminating all underground process piping. This scope does not include Hazardous Materials identification nor abatement. FNI will coordinate with a Hazardous Materials surveyor to provide the City with a proposal for Hazardous Materials Survey Services for the Broadway Wastewater Treatment Demolition project. FNI will provide support throughout the survey efforts in order to encourage a quality deliverable for the City. The Survey contract will be executed and funded by the City. Basic Services: 1. Kick-off Meeting: FNI will conduct a project kick-off meeting with City to discuss project specifics such as utility coordination, Hazardous Materials Survey, project schedule and record document needs. 2. Hazardous Materials Survey Support: FNI will provide support to the City's Hazardous Material Surveyor to assist in City's Hazardous Materials identification/removal. 3. Data Collection and Review: A data request memorandum will be prepared and submitted to the City. FNI will review and analyze available data that is pertinent to the project. Data requests may include "As-Built" drawings of original plant and subsequent expansions/improvements. Amend. No. 1 Exhibit A Page 1 of 5 4. Coordination for Administration Building and Chloride Disinfection Structure: FNI will coordinate with City Staff to ensure all current work-related activities have ceased and have been relocated from existing Administration Building along with coordinating the demolition of chlorine contact structures and chemical tanks currently being utilized. 5. Coordination with Existing Utility: FNI will coordinate demolition activities with all utility providers servicing the project site such as American Electric Power, AT&T and City owned services. 6. Coordinate with Wastewater Operating Department: FNI will coordinate with City Wastewater Staff to determine intent to salvage any material and/or equipment. 7. Develop 60% Design Submittal: FNI will prepare 60%demolition package for the removal of the following structures: Base Bid: a. Plant Office Building b. Lift Station and Bar Screen C. Relief/Recirculation Pumps and Wet Well d. Final Sludge Pumps e. Final Effluent Pumps f. Final Clarifier No. 1 g. Final Clarifier No. 2 h. Headworks Structure i. Return Flow Reconditioners j. Primary Sludge Pumps k. Blower and Sludge Pumps I. Grit Removal and Parshall Flume M. Septage Receiving Station n. Standard Trickling Filter No. 1 o. Standard Trickling Filter No. 2 p. Standard Trickling Filter No. 3 q. Standard Trickling Filter No. 4 r. Redistribution Box S. Relift Pumps t. Intermediate Clarifiers No. 1 U. Intermediate Clarifiers No. 2 V. Intermediate Sludge Pumps W. High Rate Trickling Filter Splitter Box X. High Rate Trickling Filter No. 1 Y. High Rate Trickling Filter No. 2 Z. Disinfection Chemical Storage Tanks aa. Sand Filter Chamber bb. Yard Piping cc. Site Paving dd. Old Pump Building (storage) ee. Flood Pump Building ff. Oil Storage Building gg. Primary Clarifier No.1 hh. Electrical/Breakroom Building Amend. No. 1 Exhibit A Page 2 of 5 Additive Bid Items ii. Chlorine Contact Chamber jj. Non- Potable Pump Building kk. Digester Tanks II. Digester Operations Building mm. Primary Clarifier No.2 nn. Belt Press Building FNI will also develop formal site grading, storm water pollution prevention plans,traffic control plans, seeding and temporary irrigation plans. FNI will compile demolition quantities and prepare Opinion of Probable Construction Costs for both demolition and final site grading improvements. FNI will submit five hard copies of submittal documents (plans and specifications) to the City. Plans will be 11"X17". All documents will also be provided in electronic format (PDF)for review and comment. 8. Pre-final and Final Design: a. Pre-Final and Final Design will include all elements of 60% Design. b. Develop the pre-final design by addressing City formal review comments of 60%design submittal. The Pre-Final submittal will include a plan executive summary, plans, specifications, and up-to-date front-end documents. Provide copy of the documents to the City in electronic format (PDF)for review and comment. c. Develop a revised OPCC for the proposed improvements based on pre-final submittal. d. Hold one (1) review session with City staff to discuss issues and review the pre-final design. e. Address any final comments from the pre-final design submittal prior to finalizing the signed/sealed (IFB) set for submittal to the City for bid. 9. Bid Phase Support: a. Assist City in soliciting qualified contractors to bid on the project. b. Participate in the pre-bid meeting. c. Assist City in securing bids by responding to bidder's requests for information (RFI) during bid phase. Prepare addenda as necessary to address RFls. d. Compile the bid tab, review bids for responsiveness, and provide a bid award recommendation to the City. 10. Construction Phase: Upon completion of the bid phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect City of Corpus Christi in providing these services, however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents)at the Project site or otherwise performing any of the work of the Project. These services are based on the use of FNI Standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract Amend. No. 1 Exhibit A Page 3 of 5 administration procedures are an additional service. If general conditions other than FNI standards are used City of Corpus Christi agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their subconsultants on this project to be listed as an additional insured on contractor's insurance policies. a. Attend the pre-construction meeting and provide an agenda and record and provide meeting minutes. b. Provide general representation services during construction by assisting the City in Submittal review in a manner consistent with the requirements of the construction contract documents. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and test results in accordance with the requirements of the construction contract documents for the projects. c. Attend up to monthly construction progress meetings, and provide an agenda and record and provide meeting minutes. Demolition project is anticipated to be a total of six(6) months. d. Conduct, in company with City's representative, one (1) site visit and final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. e. Revise the construction drawings in accordance with the information furnished by construction Contractor reflecting changes in the Project made during construction.Two (2) sets of prints of"Record Drawings" shall be provided by FNI to the City. Additional Services: This section defines the scope of additional services that may only be included as part of this Contract if authorized by the City. The Consultant may not begin work on any services under this section without specific written authorization from the City. Fees for Additional Services will be negotiated by the City, as required. The Consultant will,with written authorization by the City, perform the following services. 1. Topographical Survey Services 2. Landscape/Irrigation Services Project Schedule: FNI proposed to submit Project submission packages as per the following schedule: 1. 60% Submission 12 weeks upon receiving notice to proceed 2. 90% Submission 8 weeks upon receiving Owner's 60% review comments 3. Pre-Final Submission 3 weeks upon receiving Owner's 90% review comments 4. Issue for Bid submission 1 week upon receiving Owner's Pre-Final comments Fee: Freese and Nichols, Inc. proposes to provide the scope of services listed above for the Lump Sum fee listed below. Basic Services: $277,751.00 Additional Services: $12,696.00 Total Project Fee: $290,447.00 Amend. No. 1 Exhibit A Page 4 of 5 Please feel free to contact me at 361.561.6510 should you have any questions regarding this matter. Respectfully, Ron Guzman, P.E. Principal cc: file Amend. No. 1 Exhibit A Page 5 of 5 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Co� DISCLOSURE OF INTEREST ti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: FREESE AND NICHOLS,INC P. O.BOX: STREET ADDRESS: 800 N SHORELINE BLVD CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official'of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman,P.E. Title: Vice President/Principal (Type or Print) Signature of Certifying �! Date: March 1, 2018 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. Corpus Chr s Engineering Old Broadway Wastewater Treatment Plant Decommissioning Council Presentation June 19, 2018 Project Location 46=40, , Corpus Chr sti Engineering NUECES BAY 51 N SCALE:N.T.S. N, CORPUS CHRISR Q �o Broadway Wastewater Treatment Plant CORPUS CHRISTI BAY W ✓ iss OSO BAY Q CO_U5 nn 13 FLOUR BLUFF =- Project Vicinity Corpus Chr'sti rngin.nring SCALE:U.S. Broadway Wastewater. ] _^VC/ p �¢ Treatment Plant . ► or �,� {tesaca 5t i €•��e �? - el�aakay ., t , _ ,� Project Scope &�4- ) Carpus Chr sti Engineering • This project is 3rd and final phase of Wastewater Facilities Implementation Plan • Project will demolish and remove structures and equipment at Old Broadway Wastewater Treatment Plant • Once all structures have been removed site will be graded and vegetation established Project Schedule &�4- ) Carpus Chr sti Engineering i JUL AUG SEPT OCT NOV DEC JAN FEB !MARMAY APR 2019 2019 Design Bid & Award Project Design Estimate: 8 Months Schedule reflects City Council design award in late June 2018. se O AGENDA MEMORANDUM NCORPORPSE 1852 First Reading for the City Council Meeting of June 26, 2018 Second Reading for the City Council Meeting of July 17, 2018 DATE: June 19, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Public Hearing and First Reading Ordinance — 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. SUMMARY: City Council held a public hearing on June 12th and tabled the item to the June 26th City Council meeting to allow staff time to discuss two additional amendments to the special permit conditions language proposed by the applicant. In accordance with Local Government Code 211.004, zoning regulations must be adopted in accordance with a comprehensive plan and must be designed to: (1) lessen congestion in the streets; (2) secure safety from fire, panic, and other dangers; (3) promote health and the general welfare; (4) provide adequate light and air; (5) prevent the overcrowding of land; (6) avoid undue concentration of population; or (7) facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements. The Corpus Christi International Airport is a major air transportation asset of the region. Plan CC's Element 7: Future Land use, Zoning and Urban Design, Goal 4 calls for "Regulations to protect military and civilian airfield and airport use are in place." Strategy 3 states, "Avoid development that is incompatible with the operation of military airfields and the airport." Several discussions have occurred with the applicant, City staff, and the Federal Aviation Administration (FAA). Based on these discussions, the central issue has surrounded compatible land use adjacent to the Corpus Christ International Airport and the impact to the Runway Protection Zone (RPZ). A large portion of the RPZ exists within the subject property. According to FAA, Runway Protection Zones are an area "off the end of the runway end that serves to enhance the protection of people and property on the ground" in the event an aircraft lands or crashes beyond the runway end. Runway Protection Zones underlie a portion of the approach closest to the airport. While the RPZ also has limitations on obstructions (because it lies below the approach surface and because it includes safety areas and obstacle free areas), the primary purpose of the RPZ is the protection of people and property on the ground. The applicant has requested two amendments to the original special permit language recommended for approval by the Planning Commission regarding height of the storage tanks and parking rail cars in the Clear Zone. Staff recommends seeking additional input and a recommendation from the Planning Commission since staff has additional concerns regarding the land use compatibility with the Corpus Christi International Airport. Staff has provided amendments to the conditions, which include the applicant's height amendment, an FAA determination of no hazard to air navigation and/or flight operations, a statement regarding adherence to all requirements of the Avigation and Hazard Easement, and opposes the applicant's amendment related to parking rail cars on the rail line in the Avigation and Hazard Easement. RECOMMENDATION: Since the amendments are substantial, staff requests that City Council table the item and refer the zoning case back to Planning Commission for reevaluation. In order to meet the public hearing and notice requirements, the case could be considered by the Planning Commission on July 25, 2018. Planning Commission 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. 2. Table the case and send back to the Planning Commission. OTHER CONSIDERATIONS: Zoning provides the promotion of health and the general welfare and the facilitation of the adequate provision of transportation. The proposed use has the potential to negatively impact the Corpus Christi International Airport (CCIA). The RPZ assists in maintaining safe operations at the CCIA. Due to the importance of the RPZ, the City acquired avigation and hazard easements in 2012 to protect the RPZ from hazardous uses and to prevent negative interaction with flight operations. The CCIA has an aviation and hazard easement within the subject property. One of the protections from hazardous uses and negative interaction with flight operations provided by the easement is a prohibition of a fuel handling and storage facility on all or part of the property subject to the zoning change. 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 "IL" Light Industrial District is consistent with the future land use of light industrial designated in the adopted Comprehensive Plan (Plan CC). However, the SP use is Heavy Industrial and is not consistent with the adopted Comprehensive Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 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: Site Plan. Thia t;-;p r, rhAll hiz RE) lapgep th;;A 42 feet OR height a.A.P1 I.G foo+ in i-liAmat.ar ING) GphariGal taRkS .gra r PFR:1E PG1 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 162 feet in diameter, and the height of any tank shall not exceed the limitations of a 60:1 slope from the end of the nearest runway. 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. `. R--ail Gars: /\ Fail lino NGS CtFGGc(Stat�G u^ry-hWay�44)TiS t teFy A na�o Rail rare shall nn��� ;il lino WmthmA thGdofin�(leFZno n-r-r-ra rar�nun--rry �v-r �-r cn-r-r i-rc of+ha C;GFP S ('hrioti 1AtP-FA;-;tiA-.A ']I /\iFpeFt as rear flepaPtmant of flafonoa Ince+n GtiOn n 1 G.`c. c.7 1AI(`I I7) CI I I('nA �Ir. 41 . c. Rail Cars: Rail cars shall not park on the rail line within the area described as a clear zone (the "Clear Zone") in the map attached as Exhibit B. The term "park" is defined to mean detachment of rail cars from power or maintaining rail cars within this area for longer than twenty-four (24) hours. 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. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839610C\@BCL@6839610C.docx Page 2 of 12 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. 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. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839610C\@BCL@6839610C.docx Page 3 of 12 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839610C\@BCL@6839610C.docx Page 4 of 12 Exhibit A URBAN ENGINEERING Job 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 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 at 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 1 Acre V.M.Donigan Partition,and the said 91.390 Acre Tract,730.59 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX"Set,for the Southwest corner of this Tract,from Whence,a 1 Inch Iron Pipe Found,for the Southwest II 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 1-1/4 Inch Iron Pipe Found,for the Northwest comer 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 89039'56"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 II 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 00148'22"East,with the common boundary of Tracts 2 and 3,of the said 456.80 Acre V.M.Donigan Partition, at It 17.53 Feet,pass a 5/8 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.FQ 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:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800_20180322_91.36ACRES_Xg.DocxPage 1 of OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanen .com TBPE Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839610C\@BCL@6839610C.docx Page 5 of 12 i Save and Except 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 V1,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 U/T/D 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 5/8 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 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR r CCTX"Set; • South 01121'32"East,404.34 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, 100.00 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set,for the Southwest corner of this Tract; j • North 01121'32"West,792.00 Feet,to a 5/8 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 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set,for the Northeast corner of this Tract; • South 01°21'36"East,57.00 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; II • South 01°21'32"East,290.66 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; • North 88°38'28"East, 192.08 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; S:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800_20180322_91.36ACRES_Xg.DocxPage 2 of 3 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanen-g.com TBPE,Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839610C\@BCL@6839610C.docx Page 6 of 12 Thence,South 00°48122"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 florin,surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch oftract described he in. N1�E� �� 0 F TFC 5• P * James D.Carr,R.P.L.S. ,j MWES.DAVID.CARR License No.6458 A645 q (' .OFESSt�•'Q� 4 SUR��y I i I i i t I I S:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800 20180322_91.36ACRES_Xg.DoexPage 3 of3 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanenp.com TBPE,Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839610C\@BCL@6839610C.docx Page 7 of 12 f I URBAN ENGINEERING Job No.41316.B8.00 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.Kimsey 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,of which,said 145.15 Acre Tract encompassing a portion of Hopkins Road,an undedicated public roadway;said 145.15 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 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 Hooter,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°48'22"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 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX"Set,for the Southwest corner of an 18.80 Acre Tract of the said Tract 2 of the 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,Official Public Records of Real Property of Nueces County,Texas,and for the Northwest comer of the said 145.15 Acre Tract and this Tract,from Whence,a 1-1/2 Inch Iron Pipe Found,bears North 75025'01"East,2.09 Feet,also from Whence,a 1-1/4 Inch Iron Pipe Found,bears North 00°48'22"West,1117.53 Feet; Thence,North 89°16'06"East,with the South boundary line of the said Tract II and an 18.75 Acre Tract of the said Tract 1 of the said 456.80 Acre V.M.Donigan Partition,described as Tract 1 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 5/8 Inch Iron Rod Found,for the Southwest comer of Lot 1-R,Block 2,Industrial Heights Section 2,a map of which is recorded in Volume 66,Pages 34-35,Map Records of Nueces 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 5/8 Inch Iron Rod Found,bears North 89115'24"East, 1618.14 Feet; Thence,South 00'45'12"East,with the East boundary line of the said Tract 1 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 5/8 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 5/8 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 comer of the said 145.18 Acre Tract this Tract;from Whence,a 5/8 Inch Iron Rod with red plastic cap stamped S:\Surveying\41316\6800\OFFICE\METES AND BOUNDS\FN41316B800 20180322_145.15ACRES_Xg.DocxPage l of 4 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839610C\@BCL@6839610C.docx Page 8 of 12 "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°35'36"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 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 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 00148'22"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 00148'22"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 I 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:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800_20180322_145.15ACRES_Xg.DocxPage 2 of 4 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanenp.com TBPE,Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839610C\@BCL@6839610C.docx Page 9 of 12 • South 67136'34"East, 136.57 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; • North 88138'28"East,616.79 Feet,to a 5/8 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 074616",a Radius of 312.94 Feet,an arc length of 42.47 Feet,and a chord which bears South 18°10'16"West,42.44 Feet; • with said non-tangent curve to the Left,an arc length of 312.94 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set,for the Southeast comer of this Tract; • South 88°38'28"West,611.01 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; • North 67°36'34"West, 136.57 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; Thence,South 88°38'28"West, 191.99 Feet,to the Point of Beginning,containing 0.87 Acres(37,837 Sq.Ft.)of Land,more or less. Save and Except 6.74 Acres Fieldnotes,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, 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 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 corner 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 90100'00",a Radius of 300.00 Feet,an are length of 471.24 Feet,and a chord which bears North 43135'36"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 comer 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 5/8 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 596.24 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN S:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800_20180322_145.15ACRES_Xg.DocxPage 3 of 4 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE,Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839610C\@BCL@6839610C.docx Page 10 of 12 ENGR CCTV 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 88°35'36"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 ein. U N ENGINE R �c; •• James D.Carr,R.P.L.S. JAMES DAVID,CA, License No.6458 : .A..6458 ly90fESS�4a�yp�` S.U"*4 v14ry S:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800_20180322_145.15ACRES_Xg.DocxPage 4 of 4 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE,Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839610C\@BCL@6839610C.docx Page 11 of 12 Exhibit B e.er.er -fit 77 -- _ l� r�IR J ie' fl!{ 1rl {�r k![! i .. ..l .r% el eluepe !! 1 C.) w uiti ..`ir. ..a 1 'Y. �A ^I N ibn KTS ® ® ® ®� ruY w�O..•�.i eir•..I��wn iN IM.e�..c:.. �'(GI, $C= , 1 Mu•w.�u...�La:m.:. s.x_iw. ww �ry;l,l jty�R� M cr) 1 N Ira sd eB � M, .�•a qui xcrl , M��.rl,. 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I t"•I,, •F E�i�;! ...r.�'..•.w N.er.r...lrr,.etlanw r:l 9 `;w. , , U\ \� 1 W �3 tr M lell.Rrl x w«.b.ee.lU1S n...,..N...R•Y IA.M -JRL._h � A elan b•O.a N la.R..w o of•R,Se na.lle.l a W w I i1W- \~ w ...I..eY Y.M1IRr� Llano A .e.r Y ti i s.QTS 1 1�a 1..•ir J]mOl�W.pYI.YTS • wrY N Irs �•�RI•..a.INln M M he.0 a..el>,•.uw•K N•� . y__-_ ___—__�__ 1 _�r�--�Mu --�--� �� _- au.)e]I..m.r~w va..n.1'eua.C^9^.'•`.•fe o..a(Nw YNw R...rw1� e.a�N~i pie O.vl Cop.Ov1W nwM H Dxvn�P lelx)�,011 euaa DRAPN BT: '__SGALL_.AR3 NO--.'I„�_ PY. VATE:1e IL 9I ET'_L1%':-_ 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: Site Plan. Thia t;-;p r, rhAll hiz RE) lapgep th;;A 42 feet OR height a.A.P1 I.G foo+ in i-liAmat.ar ING) GphariGal taRkS .gra r PFR:1E PG1 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 162 feet in diameter, and the height of any tank shall not exceed the limitations of a 60:1 slope from the end of the nearest runway. 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 AdmonoStfatmen (CAA)! The Owner shall submit Retire tG the FAA ani-1 �hgill nao91 to fila .ten A ironane Cts id y (PeFm 7469) nrinr to ehtainiRg b iil`-linrr rlermltC fnr ctn inti ire nr tank Ar to the tempopary lnnatlnn of nntential AyoAtmAn Gerrvis Christi Intern;tlAIrr1/lrt 4. Federal Aviation Administration (FAA): Prior to obtaining building permits, an Airspace Study (Form 7460) shall be submitted and a determination rendered by the FAA of no hazard to air navigation and/or flight operations for Corpus Christi International Airport (CCIA) regarding any construction at the site including each structure or tank or temporary structures such as construction cranes on site. 5. Corpus Christi International Airport (CCIA) 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. 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 Runway Protection Zone defined by FAA Advisory Circular AC 150/5300- 13 or the Avigation and Hazard Easement granted by the owner to the City. 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839D325\@BCL@6839D325.docx Page 2 of 13 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. Avigation and Hazard Easement: This ordinance does not waive any rights or authorize or grant any permissions to deviate from the conditions of the Avigation and Hazard Easement granted by the owner to the City. Owner and owner's successors and assigns are still obligated to comply with all requirements of the Avigation and Hazard Easement. 9. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 10.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. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839D325\@BCL@6839D325.docx Page 3 of 13 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. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839D325\@BCL@6839D325.docx Page 4 of 13 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839D325\@BCL@6839D325.docx Page 5 of 13 Exhibit A URBAN ENGINEERING Job No.41316.138.00 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 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 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 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX"Set,for the Southwest corner of this Tract,from Whence,a 1 Inch Iron Pipe Found,for the Southwest corner of Tract 5,of the said 456.80 Acre V.M.Donigan Partition,bears South 88135'36"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 1-1/4 Inch Iron Pipe Found,for the Northwest comer of the said Tract 4,of the said 456.80 Acre V.M.Donigan Partition,bears South 89139'56"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 II 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 00°48'22"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 5/8 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:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800_20180322 91.36ACRES_Xg.DocxPage 1 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839D325\@BCL@6839D325.docx Page 6 of 13 i Save and Except 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 V1,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 U/T/D 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 5/8 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 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR r CCTX"Set; • South 01121'32"East,404.34 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, 100.00 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set,for the Southwest corner of this Tract; j • North 01121'32"West,792.00 Feet,to a 5/8 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 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set,for the Northeast corner of this Tract; • South 01°21'36"East,57.00 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; II • South 01°21'32"East,290.66 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; • North 88°38'28"East, 192.08 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; S:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800_20180322_91.36ACRES_Xg.DocxPage 2 of 3 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanen-g.com TBPE,Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839D325\@BCL@6839D325.docx Page 7 of 13 Thence,South 00°48122"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 florin,surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch oftract described he in. N1�E� �� 0 F TFC 5• P * James D.Carr,R.P.L.S. ,j MWES.DAVID.CARR License No.6458 A645 q (' .OFESSt�•'Q� 4 SUR��y I i I i i t I I S:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800 20180322_91.36ACRES_Xg.DoexPage 3 of3 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanenp.com TBPE,Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839D325\@BCL@6839D325.docx Page 8 of 13 f I URBAN ENGINEERING Job No.41316.B8.00 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.Kimsey 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,of which,said 145.15 Acre Tract encompassing a portion of Hopkins Road,an undedicated public roadway;said 145.15 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 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 Hooter,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°48'22"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 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX"Set,for the Southwest corner of an 18.80 Acre Tract of the said Tract 2 of the 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,Official Public Records of Real Property of Nueces County,Texas,and for the Northwest comer of the said 145.15 Acre Tract and this Tract,from Whence,a 1-1/2 Inch Iron Pipe Found,bears North 75025'01"East,2.09 Feet,also from Whence,a 1-1/4 Inch Iron Pipe Found,bears North 00°48'22"West,1117.53 Feet; Thence,North 89°16'06"East,with the South boundary line of the said Tract II and an 18.75 Acre Tract of the said Tract 1 of the said 456.80 Acre V.M.Donigan Partition,described as Tract 1 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 5/8 Inch Iron Rod Found,for the Southwest comer of Lot 1-R,Block 2,Industrial Heights Section 2,a map of which is recorded in Volume 66,Pages 34-35,Map Records of Nueces 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 5/8 Inch Iron Rod Found,bears North 89115'24"East, 1618.14 Feet; Thence,South 00'45'12"East,with the East boundary line of the said Tract 1 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 5/8 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 5/8 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 comer of the said 145.18 Acre Tract this Tract;from Whence,a 5/8 Inch Iron Rod with red plastic cap stamped S:\Surveying\41316\6800\OFFICE\METES AND BOUNDS\FN41316B800 20180322_145.15ACRES_Xg.DocxPage l of 4 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839D325\@BCL@6839D325.docx Page 9 of 13 "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°35'36"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 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 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 00148'22"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 00148'22"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 I 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:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800_20180322_145.15ACRES_Xg.DocxPage 2 of 4 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanenp.com TBPE,Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839D325\@BCL@6839D325.docx Page 10 of 13 • South 67°36'34"East, 136.57 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; • North 88°38'28"East,616.79 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set,for the Northeast comer of this Tract and beginning of a non-tangent curve to the Left having a della of 07°46'36",a Radius of 312.94 Feet,an arc 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 arc 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 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; • North 67°36'34"West, 136.57 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; Thence,South 88°38'28"West, 191.99 Feet,to the Point of Beginning,containing 0.87 Acres(37,837 Sq.Ft.)of Land,more or less. Save and Except 6.74 Acres Fieldnotes,for a 6.74 Acre Tract of Land,out of Tract I,of the 456.80 Acre V.M.Donigan Partition out of Sections 6 and 7, Range VI,II.L.Kinney Sectionized lands,as referenced in a Partition and Settlement Deed,recorded in File Number 320003, Volume 501, Page 228,feed 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 I,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.Hootcn,Trustee of the Hooten Family Trust A UIT/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 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 Varian Walker,Deceased to John Paul Ilooten,Trustee of The Elooten Family Trust,recorded in Document No.2007061484,said Official Public Records,for the Southwest comer 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 Fract, 943.60 Peet,to a MAG Nail with washer stamped"URBAN fiNGR.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 arc length of 471.24 Feet,and a chord which bears North 43°35'36"Fast,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 Ilopkins Road(Unrecorded),for a comer of Ihis'IIract; Thence,North 88°35'36"East,228.39 Feet,to a MAG Nail with washer stampedURBAN ENGR.C.C.TX"Set,on the hast boundary line of the said 145.18 Acre Tract,in the existing f iopkins Road(Unrecorded),for the Northeast comer of this Tract; Thence,South 00'45'12"East,with the Fast boundary line of the said 145.18 Acre Tract,at 32.00 Feet,pass a 5/8 Inch Iron Rod Found,for the Northwest comer ofa 21.35 Acre Tract described in a Deed from Isabel B.Weil Goodstein(formerly Isabel B.Weil),Individually and as Independent Executrix ofthe Estate of Lewis E.Weil,deceased,Michael M.Weil,Peter II.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 5%.24 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN S:\SurveyingA 1316\11800\OFFICE\METES ANI)BOUNDS\PN4131613800_20180322 145.I5ACRES_Xg.DocxPagc 3 of 4 OFFICE::(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854.6001 �rw�r urhencng co n TBPE,Firm# 145•'I"BPLS Firm fl 10032400 C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@6839D325\@BCL@6839D325.doex Page 11 of 13 ENGR CCTV 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 88°35'36"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 ein. U N ENGINE R �c; •• James D.Carr,R.P.L.S. JAMES DAVID,CA, License No.6458 : .A..6458 ly90fESS�4a�yp�` S.U"*4 v14ry S:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800_20180322_145.15ACRES_Xg.DocxPage 4 of 4 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE,Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6839D325\@BCL@6839D325.docx Page 12 of 13 Exhibit B e.er.er -fit 77 -- _ l� r�IR J ie' fl!{ 1rl {�r k![! i .. ..l .r% el eluepe !! 1 C.) w uiti ..`ir. ..a 1 'Y. �A ^I N ibn KTS ® ® ® ®� ruY w�O..•�.i eir•..I��wn iN IM.e�..c:.. �'(GI, $C= , 1 Mu•w.�u...�La:m.:. s.x_iw. ww �ry;l,l jty�R� M cr) 1 N Ira sd eB � M, .�•a qui xcrl , M��.rl,. Irl, G ����y _ OR 1 o t1 ..—N' ..�. . f —� P�..a..c � _ lteo '� ■ �M.+r.M ii t * 1i�v.�eio.arn'Ir } t r _ •1 L'BdT,aJ�� r 1 3p si�jgaSe e�iitl` e wµ 7jtzf'�t R .n.w•N..n.-.rN a* .>�° : i ` S 'Yid d-� �w.,e.,,•.N.wN�� 1 -r as r :.:..,Y ,.Raa a ,��..1:. �„•-.. !i .R...,.......n jj >oo mo loo a rro AEV9Yj DATE 1 0P1bN AipRDVFD s + it r i URBAN EN 'V2, Exhibit of lEe1l eornreeA tRl.11.1 s,wYy N.n°n.N Inrr t M t IMaiKIe..0 yr dy.Mur,rl N Ss1r.e N 1. -_- --- if•' ` .tl Se111..oA e.•L r.e..R Y M Nouv.12RIU.L Min.ea, / � R�� W y�iyr ISYWI us..W[N Crlw R�cp�/.�Ww_�Mw // /�/ \yaA,•tiw �I 9 a Re�raN f F Wa N✓.M W 1 � .\ ,` ��� pu AC•Tr.N a Isi4 M.er.RIiA Re.MY M / \ .vwl��i.��R � .u..0.•...�...o,.e.r...Nn.M w[w1.N e,Y.I. _ , .Mwlw Wy.I W Nrlr sr M1 inN IIIuw el'r.l — it ••• - Ile i/ O-5U15'v1' Ie 11 Si t� � r.bYar..reMrWM.wrnrL.4 Ar lulPYl n..y;c Q�t cif �9_�• Sf�t(e�;� oiui' 1�"i.�orl'"lrwo c.:a.r:..l rr.s,ilN jtt� el��NellallFnlYR1 ' E � �`'�e� LY[v..l Oo(ar.4N M.MNImO.eNy R.Ir,.IM MUCLZ E ��... I t"•I,, •F E�i�;! ...r.�'..•.w N.er.r...lrr,.etlanw r:l 9 `;w. , , U\ \� 1 W �3 tr M lell.Rrl x w«.b.ee.lU1S n...,..N...R•Y IA.M -JRL._h � A elan b•O.a N la.R..w o of•R,Se na.lle.l a W w I i1W- \~ w ...I..eY Y.M1IRr� Llano A .e.r Y ti i s.QTS 1 1�a 1..•ir J]mOl�W.pYI.YTS • wrY N Irs �•�RI•..a.INln M M he.0 a..el>,•.uw•K N•� . y__-_ ___—__�__ 1 _�r�--�Mu --�--� �� _- au.)e]I..m.r~w va..n.1'eua.C^9^.'•`.•fe o..a(Nw YNw R...rw1� e.a�N~i pie O.vl Cop.Ov1W nwM H Dxvn�P lelx)�,011 euaa DRAPN BT: '__SGALL_.AR3 NO--.'I„�_ PY. VATE:1e IL 9I ET'_L1%':-_ 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. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D808FB83\@BCL@D808FB83.docx Page 2 of 13 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. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D808FB83\@BCL@D808FB83.docx Page 3 of 13 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 Exhibit A C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyNur a\La_)bULLutwartsa3\@BCL@D808FB83.docx Page 4 of 13 14 URBAN ENGINEERING Job 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 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 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 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX"Set,for the Southwest corner of this Tract,from Whence,a 1 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 1-1/4Inch Iron Pipe Found,for the Northwest comer of the said Tract 4,of the said 456.80 Acre V.M.Donigan Partition,bears South 89139'56"West,729.78 Feet; Thence,North 89139'56"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 I-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 00°48'22"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 5/8 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:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800_20180322 91.36ACRES_Xg.DocxPage 1 of 3 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanenp.com TBPE Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D808FB83\@BCL@D808FB83.docx Page 5 of 13 Save and Except 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 U/T/D May 4, 1984,recorded in Document No.2014037242,Official Public Records of Nueces County,Texas,for the Southeast comer 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 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set,for the Point of Beginning and a corner 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 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; • South 01°21'32"East,404.34 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, 100.00 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set,for the Southwest corner of this Tract; • North 01°21'32"West,792.00 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set,for the Northwest corner of this Tract; • North 88°38'28"East,65.00 Feet,to a 5/8 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 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR i' CCTX"Set; • South 01°21'32"East,290.66 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; • North 88°38'28"East, 192.08 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; S:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800_20180322_91.36ACRES_Xg.DocxPage 2 of OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE,Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D808FB83\@BCL@D808FB83.docx Page 6 of 13 Thence,South 00°48122"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 florin,surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch oftract described he in. N1�E� �� 0 F TFC 5• P * James D.Carr,R.P.L.S. ,j MWES.DAVID.CARR License No.6458 A645 q (' .OFESSt�•'Q� 4 SUR��y I i I i i t I I S:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800 20180322_91.36ACRES_Xg.DoexPage 3 of3 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanenp.com TBPE,Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D808FB83\@BCL@D808FB83.docx Page 7 of 13 f I URBAN ENGINEERING Job No.41316.B8.00 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.Kimsey 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,of which,said 145.15 Acre Tract encompassing a portion of Hopkins Road,an undedicated public roadway;said 145.15 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 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 Hooter,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°48'22"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 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX"Set,for the Southwest corner of an 18.80 Acre Tract of the said Tract 2 of the 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,Official Public Records of Real Property of Nueces County,Texas,and for the Northwest comer of the said 145.15 Acre Tract and this Tract,from Whence,a 1-1/2 Inch Iron Pipe Found,bears North 75025'01"East,2.09 Feet,also from Whence,a 1-1/4 Inch Iron Pipe Found,bears North 00°48'22"West,1117.53 Feet; Thence,North 89°16'06"East,with the South boundary line of the said Tract II and an 18.75 Acre Tract of the said Tract 1 of the said 456.80 Acre V.M.Donigan Partition,described as Tract 1 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 5/8 Inch Iron Rod Found,for the Southwest comer of Lot 1-R,Block 2,Industrial Heights Section 2,a map of which is recorded in Volume 66,Pages 34-35,Map Records of Nueces 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 5/8 Inch Iron Rod Found,bears North 89115'24"East, 1618.14 Feet; Thence,South 00'45'12"East,with the East boundary line of the said Tract 1 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 5/8 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 5/8 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 comer of the said 145.18 Acre Tract this Tract;from Whence,a 5/8 Inch Iron Rod with red plastic cap stamped S:\Surveying\41316\6800\OFFICE\METES AND BOUNDS\FN41316B800 20180322_145.15ACRES_Xg.DocxPage l of 4 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D808FB83\@BCL@D808FB83.docx Page 8 of 13 "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°35'36"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 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 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 00148'22"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 00148'22"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 I 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:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800_20180322_145.15ACRES_Xg.DocxPage 2 of 4 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanenp.com TBPE,Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D808FB83\@BCL@D808FB83.docx Page 9 of 13 • South 67136'34"Bast, 136.57 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"l1RBAN ENGR CCTX"Set; • North 88138'28"Fast,616.79 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"l1RIlAN ENGR CCTX"Set,for the Northeast comer 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 arc length of 42.47 Fcct,and a chord which bears South 18"10'16"West,42.44 Feet; • with said non-tangent curve to the Leff,an arc 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 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; • North 67°36'34"West, 136.57 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CCTX"Set; Thence,South 88°38'28"West, 191.99 Feet,to the Point of Beginning,containing 0.87 Acres(37,837 Sq.Ft.)of Land,more or less. Save and Except 6.74 Acres Fieldnotes,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, Range VI,II.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 and a 145.18 Acre Tract of land,described in a Iced Without Warranty from William D.Walker,Personal Representative of the Estate of Mazic 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 Nucccs 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 comer of a 91.390 Acre Tract of Land described in Special Warranty Deed from The Frost National flank, Independent Executor of the[:state of Charles Vartan Walker,Deceased to John Paul Ilooten,Trustee of The Ilooten Familv Trust,recorded in Document No.2007061484,said Official Public Records,for the Southwest comer of the said 145.18 Acre Tract; Thence,North 889516"East,with the said North Right-of-Way Linc,the South boundary line of the said 145.18 Acre Tract, 943.60 Feet,to a MAG Nail with washer stamped"URBAN F:NGR.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 F.NGR.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 Fect,an arc length of 471.24 Feet,and a chord which bears North 43°35'36"fast,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 Ilopkins Road(Unrecorded),for a comer of this Tract; Thence,North 88°35'36"Bast,228.39 Feet,to a MAG Nail with washer stamped"URBAN f?NGR.C.C.TX"Set,on the East Mxmdary line of the said 145.18 Acre Tract,in the existing Ilopkins Road(Unrecorded),for the Northeast comer ofthis Tract; Thence,South 00'4512"Fast,with the fast boundary line of the said 145.18 Acre Tract,at 32.00 Feet,pass a 5/8 Inch Iron Rod Found,for the Northwest comer ofa 21.35 Acre Tract described in a Deed from Isabel B.Weil Goodstein(formerly Isabel B.Weil),Individually and as Independent Executrix of the Fstate 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, Decd Records of Nueces County,Texas,in all 5%.24 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN S:\SurveyingA 1316\13800\OFFICE\METES AND BOUNDS\IN413168800_20180322 145.15ACRES_Xg.DocxPage 3 of 4 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI.TEXAS 78404 FAX(361)854-6001 www urhancng l M) TBPE,Firm a 145•TBPLS Firm a 10032400 C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@D808FB83\@BCL@D808FB83.docx Page 10 of 13 ENGR CCTV 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 88°35'36"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 ein. U N ENGINE R �c; •• James D.Carr,R.P.L.S. JAMES DAVID,CA, License No.6458 : .A..6458 ly90fESS�4a�yp�` S.U"*4 v14ry S:\Surveying\41316\B800\OFFICE\METES AND BOUNDS\FN41316B800_20180322_145.15ACRES_Xg.DocxPage 4 of 4 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE,Firm#145•TBPLS Firm#10032400 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D808FB83\@BCL@D808FB83.docx Page 11 of 13 °s:,w°�..i�..i'«" .. r'«r...:N 1,1 SNrra a•N HIM Exhibit B ' }- i�� - t� r S1•r i{ �rl !a �r 9 11 F _ �r (I l ar ell ;r �A"i .y! Carb el IYKr - 1 ^I N ibn KTS ® 61 ® ®� rur w°wO.r•ni°ir inwn it l°ne�•�c:•r �'((I�� 7ar$ 1 c r)n�'«aw.wrrn ?:«•°« srx_iw. ww �r71.1 jtyR M : 1 N Ira sd eB Fa ,)R 1 o a 1 ------------ Rf; t■. O3 l�ro �Mr+rw RN ii t 1i�w°�°piq aN lr 33 i .1 df a, 1 P P � sft�ig.SBya FkS3 ° A 3 j trF'qt R '+ .niw•«w.tri«.) ,. w� �=z j:(;�PSl�I�! ..,.+Raw.R..•.Iw uw1 a* .>�° : i ` S 'Yid d-� �w.,•w„rR.,_w�� 3 ? .ti Nn.la.,Rwl j� we aaA rr.1w•w jj rae 4Re IR. a ,r =T==F REVBYI DATE IP1aTN ArpRDVED sr i it r i URBAN EN 'V2,9 Exhibit of k. alsnrnrlm � asl i11s�a srwYy N inane N iwr t M t . -�„•w~ c � p IM°iiK•.rru yr dyw Mur,rr N Ss1r..N 1. - vi.�.��\�-` � RvrP K n L RrivR 9•e1W IM_ -_- --- if•' atl 40111o.oA e••L rOruR Y M IIONr.12ale.L Min•9q, lyar.!Ma .•0•Rr.0«0 Rvw M•RnOw Cr1a N«c j� � • i' RNoc 0r W 4 po00_oslRrn us.w N I^v..wr 1Y oiN°+°v WonM fn � \ ,a 4 A `p •�•�R q sr°�ir.N�Ilaa w arrrlw wv tlla Yn LNt N Ia,6 F•MN uaM a_•rNY M 0.r.,�r.r_.i Rpw.�•u..°r.�.4rw N IR•e•I. _ , .141w.W.w el rr.Xm•r sr M1 inN / /� -_- - w _- eIVY I�i.°�N w_nAM Fe°e.mwl rlc m1.•nra aaRN .« �-Ll—r w R•M-fir ^z -_ -__ _ -/, xl ' y,a_r oml°an R..u_1.r 1.0•.r►a«R r.nn �r :a t Ao.1«N r.ar._.ir«I.n.1ne....«+w+rww•a ” w M3 .),.I1 '•�yy� �c{■ 40ii°EOY�°N Iw.r° 1 e�m�_4 Ay l Iljw'_1M1�rN y}W wslWV 44sr •ire 1j S �+[ Qv N an••..a•L r.m.N w Rrnorl rViw DIIa91r1° ia�J / Nw ry Ui e[�[ •t - - °lo-'� - 1 r W c' LK v..0 po(a0°4N ivv lay or wa° •RwW N M e ti 'e_;... \1 >"•I°, ^1tt EE�i --xi !d .....�....,w.Y°«.r.....I�w..I.n,..nrL 9 �'�' aT\ �; 1 w t�t;� .ACT x n«.Aero.laxly nM...N a wN..w•r la.a. -JN.._h -_- .a1.)0 Ave avc0 N lora R•oV a of v x1.90 Aev irvN N Lw stficLz W _MweY Y°.r1RYc N LI0nw1 e•a r.mrr M M is.�iy 0i r I•••ir JRr0.1,WYnW°•pY1.YT'tL eM RAY r Irs - _ r ��w ��MR1n M M he_.O�I�.r R.r•K Il L 1nw•f y____ ___—__�__ I� _�r��� __�-_� �� __ �)I..NreN~w v«.n.1 ae�j.�YY«iw.w.•` `_ .w .'_ 1 } I.w111N4s M rM�l f.ab ioel.enNarbc w� ( R b N Mro Cen1a rv.w 4r.a(rw u«w R.RNww1� e.a�N~i rie O.vl Cop•ev1W nwM«0.u.n«�i°nn lelx)�ral1 e_aN Rucr x r...A_..R.n.v A«_w.Re a_••v°a eR r DRANN BT: '__SGALL�_.AR3 NO--.'Ii'�_ BY. VATE:1e IL 9I ET'_L1%':-_ C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D808FB83\@BCL@D808FB83.docx Page 13 of 13 WOOD,Boylan]&WOLTER A PROFESSIONAL CORPORATION RALPH H ALL BOY IN III 9192 LAWYERS TELEPHONE: 361!888-9241 MARSHALL BOYKIN III{1925-2p14) FACSIMILE: ROBERT C.WOLTER•IOLC.0 sell 615 NORTH UPPER BROADWAY,SUITE 1100 351/888-8353_ RICE JOHN D.BELL— CORPUS CHRISTI,TEXAS 78401-0748 *BOARD CERTIFIED-CIVIL TRIAL LAW JOHN D.H FREDERICK J.MCCUTCHON§ 4°BOARD CERTIFIEDCOI MIERCIAL PETER E.AVOTS REAL ESTATE LAW LUCINDA J.OARCIA WARD CERTIFIED-LABOR&EMPLOYI.jENT LAW SCOTT E.LANDRETH TEXAS BOARD OF LEGAL SPECIALIZATION DANIEL O.C,ONZALEZ SHANNON STEEL WHITE JOSEPH H.BAUCUM MARIAH N.MAUCR Writer's email:jbell(cuwbwpc.com May 31,2018 Development Services Dept. City of Carpus Christi,Texas P.O. Box 9277 Corpus Christi,Texas 78469-9277 Re: Case No. 0318-02; Owner: Hooten Family Trust A Dear Sirs: In connection with the above zoning matter,the currently proposed Special Permit conditions include a requirement under Section 1 involving Uses that the above ground storage tanks shall not exceed 48 feet in height. Initially, that height limitation did not present a problem since the original plan was to utilize storage tanks with flat tops. In order to provide better air quality compliance, dome tops on the storage tanks are preferable. As a result, we need an amendment to the Special Permit conditions providing that in lieu of the maximum height limit of 48 feet,the tanks shall not exceed the height limitations of a 60:1 slope from the nearest runway. The specific change would revise Section 1 concerning Uses to read as follows: 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 162 feet in diameter,and the height of any tank shall not exceed the limitations of a 60:1 slope from the end of the nearest runway.No spherical tanks are permitted. The form of a motion to amend the Special Permit conditions to be considered at the City Council meeting is attached. Very truly yours, John D. Bell Enclosure F:\7241 POTAC0\1 8 Ltr Dev Services Amend 0531.doex AMENDMENT I move to amend Section 1 of the proposed Special Pen-nit conditions concerning acceptable Uses to change the third sentence of that Section to read: "The tanks shall be no larger than 162 feet in diameter, and the height of any tank shall not exceed the limitations of a 60:1 slope from the end of the nearest runway." WOOD,BOYKW&WOLTER A PROFESSIONAL CORPORATION RALPH R.WOOD(1901-1965) LAWYERS TELEPHONE; 361/888-9201 MARSHALL BOYKIN III(1925-2014) FACSIMILE: 3611888-8353 ROBERT C-WOLTER•(OfComel) 615 NORTH UPPER BROADWAY,SUITE 1100 STEWART N.RICE CORPUS CHRISTI,TEXAS 78401-0748 •80ARDCERTHIED-CWILTRIAL LAW JOHN D.BELL-- FREDERICK). ELL++FREDERICK).McCUTCHON§ *'BOARD CERTIFIED-COMMERCIAL PETER E.AVOTS REAL ESTATE LAW LUCINDA 1.GARCIA §BOARD CERTIFIED-LABOR&EMPLOYMENT LAW SCOTT E.LANDRETH TEXAS BOARD OF LEGAL SPECLALIZATION DANIEL 0.GONZALEZ SHANNON STEEL WHITE JOSEPH A.BAUCUM MARIAH N.MAUCK Writer's email:jbell(WWhwpc.com June 11,2018 Mr. Greg Collins Development Services Dept. City of Corpus Christi,Texas P. O. Box 9277 Corpus Christi,Texas 78469-9277 Re: Case No.0318-02; Owner: Hooten Family Trust A Dear Greg: Thank you for scheduling the meeting today to address the various issues on this zoning case. Since this is a large economic development project for the community, it is critical that we see if we can get all of the issues addressed. As we discussed at the meeting, rail cars typically are not considered "parked" unless they are detached from power. I've checked existing City ordinances and state law and cannot find any existing definitions for this term that would be applicable. Section 541.401 of the Texas Transportation Code defines the term "park" for vehicles as meaning "to stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading merchandise or passengers." This definition is consistent with the operating plan that we discussed in which rail cars only would be present on site for loading operations. Our proposed language for Section 5.c. of the proposed Ordinance would be as follows: e. Rail Cars: Rail cars shall not park on the rail line within the area described as a clear zone (the "Clear Zone") in the map attached as Exhibit B. The term "park" is defined to mean detachment of rail cars from power or maintaining rail cars within this area for longer than twenty-four(24)hours. One of the problems we have had is determining where the specified "Clear Zone" actually is located. On the City's digitized maps available on the website, no Clear Zones or AICUZ zones of any nature exist in the vicinity of the Airport. The City's AICUZ map dated 08/21/2012 does not specify any such zones at CCIA. F:17241 P0TAC10118 Ltr Dev Services Zone 061 I.docx Letter to Development Services June 11,2018 Page 2 This morning I was directed to the NAS Corpus Christi Joint Land Use Study approved by the City Council in 2013, but that document does not delineate any particular "Clear Zones." It notes "Safety Subzoncs" at CLIA, and the text notes that they are identified in the NASCC's 2009 AICUZ study or on the Airport's 2012 Airport Layout Plan, but that Plan does not appear to be available through Development Services website. The 2009 AICUZ study does not have any zones at CLIA. For the Ordinance to have an understandable and enforceable provision, the area referenced in the Ordinance language needs to be to some officially adopted map or something created as part of the Ordinance itself. The purchaser is able to accommodate the City's request to expand the restricted area to the entire 3,000' by 3.000' USAF Clear Zone standard as delineated in the updated plan circulated this morning, but that only can be accommodated with the parking definition provided above. The agreed-upon area can be added to the map attached as Exhibit B. The 2013 JLUS Study notes that "no development be located within clear zones." You are no doubt aware that the City cannot legally establish such a "clear zone" that prohibits all development simply through adoption of a JLUS report or description on an Airport Layout Plan. The prohibition of all development would be a taking of the property, and if the City is attempting to prohibit any development on this site within the 3,000' x 3,000' USAF Clear Zone area, that would encompass about twice the acreage that was obtained in the Avigation and Hazard Easement in 2012 and virtually all of the roadway frontage of Mr. Hooten's property. As I mentioned in the meeting, it is difficult to come up with a development project for this property that would involve as few people and facilities as the proposed rail terminal. Let us know if you have any other questions or comments. Very truly yours, A-1 John D. Bell Copies to: POTAC Parties John Hooten Matt Cravey 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 26, 2018 z Aerial Overview gad01 aUBJECT ` off XPi- PG30oP°CG3447 ' o0 a 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 m o o'o ° ° Fl o o OnX10)my a� Runway Dela a 9(",1:0) I' 0 Ma @ HOPBdna Road a _ CJ 71 MM log z OL ON 03muu� , � Runway 9992 99779 AQP _'�. 93abo 1 li r 4 Site Plan _ (RPZ➢ Runway-protection Zone AftrpOOe !z i s _ - •I:, � -�,�, :a:a, �1 � . _ ,f//icy Special Permit Amendments 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. 0 Applicant Amendments Oriqinal: Uses:The only i- i-thoro7o-d by thos Specoal Permit other than uses permitted by right On the base zoning -..- ....olesale storage and transfer of petroleurn based PFGd6IGtS.The above ground fue!storage tanks ;;rp Rnd lomoto-d b;;-.;,-d on thp;;tt;;c:h,-d site plan.The tanks shall be no larger than 48 feet height and 162 feet diarneter No spheriGal tanks a peFrnm#,-J Amended: 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 162 feet in diameter, and the height of any tank shall not exceed the limitations of a 60:1 slope from the end of the nearest runway. No spherical tanks are permitted. Original: Ram'Cars- A rail line pwallel to Agnes StFeet(State Highway 44)is#ansitoFy On nature Rail Aars shall not paFk on tho,mol lonp wothon thp dpfmnpd Clp;;r Zonp of the Corpus Christo International Airport as per Department o nefe.,c;e Instri-..tien 4165.57(AIGI 17)QI I GM N n1 Amended: Rail Cars: Rail cars shall not park on the rail line within the area described as a clear zone(the"Clear Zone")in the map attached as Exhibit B.The term"park"is defined to mean detachment of rail cars from power or maintaining rail cars within this area for longer than twenty-four(24)hours. :8 Staff Amendments Original: Faclaral Avmatmnn AdmWstrafinn(FA-8-1- The Owner shall submit notice to the F A A and wil I need to file an AiFspaGe Study(FeFm 7460)pFier jiRg permits for e;;Ah stri-Ati ire Pr tank Pr te the temporary IGGatian of potential aviatie-n haza-rds suAh;;c;Annstri-Atonn Ar;;n,-c;nn site te determine aRY patential impaGts to- Corpus Christi International Airport - Amended: Federal Aviation Administration(FAA): Prior to obtaining building permits,an Airspace Study(Form 7460) shall be submitted and a determination rendered by the FAA of no hazard to air navigation and/or flight operations for Corpus Christi International Airport(CCIA)regarding any construction at the site including each structure or tank or temporary structures such as construction cranes on site. Amended: 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 Runway Protection Zone defined by FAA Advisory Circular AC 15//5300-13 or the Avigation and Hazard Easement granted by the owner to the City. Amended: Avigation and Hazard Easement:This ordinance does not waive any rights,authorize or grant any permissions to deviate from the conditions of the Avigation and Hazard Easement granted by the owner to the City.. Owner and owner's successors and assigns are still obligated to comply with all requirements of the Avigation and Hazard Easement. r',% %Iv Staff Recommendation Table the zoning case and refer back to Planning Commission for reevaluation. t'17,% -= 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. AICUZ la qsm M i mp! s I, ® p° �7771Se kNAM- T AGNEE Oil 44 fA� i I� E � �a�•� s$ S� e Avigation Easement ®Z- Me I'M TRACT 2 t U. 7-1 91.36 AC t YRINM�N6 al lanaf — NOtlsa..Nr.nL. � — — � — >x •�i pp a✓>A a,n Nam �« 111.OY _ _�___—_—__ Q •g oANc,. S p TRACT 3 ti PARCEL 2 >T � 91.36 AC 16.81 ACRES r r uoai i A I ]< R I —, TRACT�4 N w4r4r} I I71.M' 91.36 AC I � Nar sl rml c Iia EXHIBIT Of MAttWUY PERMITTING 6UKDN0 HDOW ABOVE GROUND LEVEL PARCEL NO.2 ANSA-619,467.5 Sq. FT. s....1a.a LW Q a,h. .a,97 Nl.,w N>•i u. 16.61 M.. hv.6.M0 Nnq a a000,r1 Nan Nlan,ab,a ,-N a„�.e,,,a �: SIUMEN E4 91.76 16199 cuyhm..FLE N 32aw Nnr.Twv o. , * r les a-n 1QlI1C 9)1,tA06 776.MN.GI. TAY a�—A.A H .•••• p'nW.i�NwN�tDIInal Ia NYAk �---� � ��J�J'����''�`�� ,�t I41S —NmMeil�N4.[ tY al WE w 10,7 6iiw'v 12 UDC Requirements � ~ 44 Buffer Yards: N/A 17, 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 _ ;. Medical, Offices, and Self-Storage. *Residential uses not allowed se G� Off' AGENDA MEMORANDUM �N�RP9RpT�'� First Reading Ordinance for the City Council Meeting of June 26, 2018 Second Reading Ordinance for the City Council Meeting of July 17, 2018 DATE: June 8, 2018 TO: Keith Selman, Interim City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Ordinance accepting an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, and appropriation of the funds for the contract period October 1, 2018 through September 30, 2019 CAPTION: Ordinance accepting an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities grant in the amount of $50,000, increasing the total amount to $200,000, from the Texas Department of State Health Services to continue implementing systems and strategies addressing Texas Healthy Communities priority indicators; and appropriating the increased grant amount. PURPOSE: To provide funding for the Health Department to implement targeted and evidence-based community systems and environmental change strategies that address one or more of the following Texas Healthy Communities (TXHC) Priority Indicators: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality The Health Department will also work with a local public/private planning group to plan and implement the identified strategies. BACKGROUND AND FINDINGS: For grant FY2019, the following performance measures will be used to assess, in part, the Health Department's effectiveness in providing services required by the grant: a) Develop, complete, and submit a Project Work Plan in conjunction with DSHS. The Project Work plan must include objectives with supporting activities that address indicators identified in the FY 2018 TXHC assessment as needing improvement. A Project Work Plan Draft must be submitted, reviewed, and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 17, 2018 and the final Project Work Plan submission is due to DSHS on or before October 31, 2018. b) Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16, 2018 and the final Evaluation Plan version is due to DSHS on or before November 30, 2018. c) Submit an Interim Progress Report Draft to DSHS for review on or before March 19, 2019. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 29, 2019. d) Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System (PMATS) by May 16, 2019. DSHS will review and approve Draft submission prior to submission of final report in PMATS on or before May 31, 2019. Delinquent Assessments will not be accepted. e) Designate a member of the TXHC program to attend, in person,the TXHC Annual Meeting during the Contract term. If the member or designee is unable to attend the meeting in person, then the Contractor must notify DSHS in writing as to the reason for non- compliance. f) Submit a Final Progress Report Draft to DSHS for review and approval on or before August 30, 2019. Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 13, 2019. g) Participate in twelve (12) monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 3rd, November 28th, December 31st, January 30th, February 28th, March 29th, April 30th, May 29th, June 28th, July 31st, August 30th, and September 30th.lnform DSHS of delinquent submission within five (5) business days of the due date including a detailed justification and proposed submission date. ALTERNATIVES: Refuse the grant and not provide the services required under the grant. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency. This item requires two readings and ratification of the grant contract to begin October 1, 2018. DEPARTMENTALCLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: 0 Operating ❑x Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2019 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $50,000 $50,000 BALANCE $50,000 $50,000 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-003808 AMENDMENT No. 5 Ordinance accepting an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities grant in the amount of $50,000, increasing the total amount to $200,000, from the Texas Department of State Health Services to continue implementing systems and strategies addressing Texas Healthy Communities priority indicators; and appropriating the increased grant amount. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept an amended grant amount of $200,000.00 for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities grant, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of October 1, 2015, through September 30, 2019, to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators. Section 2: That the increased grant amount of $50,000.00, is appropriated in the No. 1066 Health Grants Fund to continue the HPCDP/TXHC grant in the Health Department. Section 3: The amendment includes revisions to Section 2. Total Amount; Section 4. Term of the Contract; Section 7. Statement of Work; Section 7. Statement of Work, Billing Instructions; Section 11. Renewals; categorical budget is deleted and replaced. Section 4: A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor DocuSign Envelope ID:4371AF1C-960D-4298-9225-324F051596BB DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 2016-003808 AMENDMENT No.5 THE DEPARTMENT OF STATE HEALTH SERVICES ("DSHS") AND CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) ("Contractor"), each a"Party"and collectively the "Parties,"to that certain grant contract effective October 1,2015 and denominated DSHS Contract No. 2016-003808 ("Contract"), now desire to further amend the Contract. WHEREAS, the System Agency has chosen to exercise its option to renew the Contract in accordance with Contract Section 4,Term of the Contract; WHEREAS, the Parties desire to revise the Budget to add funds for the period beginning October 1, 2018 through September 30, 2019 (hereinafter referred to as "Fiscal Year 2019" or "FY2019"); WHEREAS,this revision will result in an addition of funds in the amount of FIFTY THOUSAND DOLLARS($50,000.00);and WHEREAS, the Parties desire to revise the Statement of Work. Now,THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. SECTION 2 of the Contract, TOTAL AMOUNT, is amended to increase the total amount of the contract to TWO HUNDRED THOUSAND DOLLARS($200,000.00). 2. SECTION 4 of the Contract, TERM OF THE CONTRACT, is hereby amended to reflect a new end date of September 30, 2019. 3. Section 7 of the Contract, STATEMENT OF WORK,is amended to add the following: For FYI 9 Contractor shall: a. Develop, complete and submit a Project Work Plan in conjunction with DSHS. The Project Work plan must include objectives with supporting activities that address indicators identified in the FY 2018 TXHC assessment as needing improvement. A Project Work Plan Draft must be submitted, reviewed and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 17, 2018 and the final Project Work Plan submission is due to DSHS on or before October 31, 2018. b. Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16,2018 and the final Evaluation Plan version is due to DSHS on or before November 30, 2018. DocuSign Envelope ID:4371AF1C-960D-4298-9225-324F051596BB c. Submit an Interim Progress Report Draft to DSHS for review on or before March 19, 2019. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 29, 2019. d. Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System (PMATS) by May 16, 2019. DSHS will review and approve Draft submission prior to submission of final report in PMATS on or before May 31, 2019. Delinquent Assessments will not be accepted. e. Designate a member of the TXHC program to attend, in person, the TXHC Annual Meeting during the Contract term. If the member or designee is unable to attend the meeting in person, then the Contractor must notify DSHS in writing as to the reason for non-compliance. f. Submit a Final Progress Report Draft to DSHS for review and approval on or before August 30,2019.Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 13, 2019. g. Participate in twelve(12) monthly feedback calls (monthly project status reports)with DSHS Program to be conducted on or before the following dates: October 3151, November 281h,December 315`,January 301h,February 281h,March 291h,April 30`h,May 29`h,June 28`h, July 3151,August 30`h, and September 30`h. h. Inform DSHS of delinquent submission within five (5) business days of the due date including a detailed justification and proposed submission date. i. Submit written monthly reports as directed by DSHS. DSHS will monitor the Contractor's financial performance on a monthly basis to insure that the Contractor will not lapse more than 5% of the allotted funding for FY19. Contractor certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of- a) £a) Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; b) Designating the property to which this Policy applies as a "designated area," which must at least comprise all buildings and structures where activities funded under this Contract are taking place, as well as Grantee owned, leased, or controlled sidewalks, parking lots, walkways, and attached parking structures immediately adjacent to this designated area; c) Applying to all employees and visitors in this designated area; and Page 2 of 5 DocuSign Envelope ID:4371AF1C-960D-4298-9225-324F051596BB d) Providing for or referring its employees to tobacco use cessation services. If Contractor cannot meet these minimum standards, it must obtain a waiver from the System Agency. 4. SECTION 7 of the Contract,STATEMENT OF WORK,BILLING INSTRUCTIONS, is amended to reflect the following changes in financial documentation submission: Department of State Health Services Claims Processing Unit, MC 1940 P.O. Box 149347 Austin, TX 78714-9347 FAX: (512)458-7442 EMAIL: imVoices(u dshs.texas.gov& C41Sinvoices(ei!clshs.texas.<Lo\ B-13 and supporting documentation should be sent to: ins o1ces(e0slis.texas.go\ & CMSilwoices(a dshs.texas.�m FSRs should be sent to: invoices(a dshs.texas.,ov, CMSim oices(a dshs.texas.(.)o\ & FSRGrants ci..dshs.texas.E-,ov 5. SECTION 11 of the Contract, RENEWALS, is hereby amended to reflect that there are no renewals remaining under the Contract. 6. The categorical budget is deleted in its entirety and replaced with the following budget table: Budget FY16 FY17 FY18 FY19 Category Categories Allocation Allocation Allocation Allocation Total Personnel $0.00 $32,328.00 $32,442.00 $33,253.00 $98,023.00 Fringe $0.00 $9,537.00 $13,892.00 $14,239.00 $37,668.00 Benefits Travel $1,790.00 $2,529.00 $1,465.00 $1,147.00 $6,931.00 Equipment $0.00 $0.00 $0.00 $0.00 $0.00 Supplies $2,400.00 $5,606.00 $2,201.00 $1,361.00 $11,568.00 Contractual $15,000.00 $0.00 $0.00 $0.00 $15,000.00 Other $30,810.00 $0.00 $0.00 $0.00 $30,810.00 Total Direct $50,000.00 $50,000.00 $50,000.00 $50,000.00 $200,000.00 Costs Indirect $0.00 $0.00 $0.00 $0.00 $0.00 Costs Totals 1 $50,000.00 1 $50,000.00 1 $50,000.00 1 $50,000.00 $200,000.00 7. This Amendment No. 5 shall be effective as of the date upon which both Parties have signed this Amendment. Page 3 of 5 DocuSign Envelope ID:4371AF1C-960D-4298-9225-324F051596BB 8. Except as amended and modified by this Amendment No. 5, all terms and conditions of the Contract, as amended, shall remain in full force and effect. 9. Any further revisions to the Contract shall be by written agreement of the Parties. SIGNATURE PAGE FOLLOWS Page 4 of 5 DocuSign Envelope ID:4371AF1C-960D-4298-9225-324F051596BB SIGNATURE PAGE FOR AMENDMENT No.5 DSHS CONTRACT No.2016-003808 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) By:_ - Associate Commissioner Name: Community Health Improvement Title: Date of Execution: Date of Execution: THE FOLLOWING ATTACHMENTS ARE ATTACHED TO THIS AMENDMENT AND INCORPORATED INTO THE CONTRACT: ATTACHMENT A: FFATA Approved as to form: S18 ssistant City Atto For City Attorney Page 5 of 5 DocuSign Envelope ID:4371AF1C-960D-4298-9225-324F051596BB Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact#1 Name,Email and Phone Number: Primary Address of Contractor: FFATA Contact#2 Name, Email and Phone Number: ZIP Code:9-digits Required www.usps.com DUNS Number:9-digits Required www.sam.sov State of Texas Comptroller Vendor Identification Number(VIN) 14 Digits 111 IF] Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date - 1 - Department of State Health Services Forth 4734—June 2013 DocuSign Envelope ID:4371AF1C-960D-4298-9225-324F051596BB Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor)of the Contractor, I hereby certify that the statements made by me in this certification form are true,complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑Yes ❑ No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding%of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑Yes ❑ No B. Certification Regarding Amount of Annual Gross from Federal Awards Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑Yes ❑ No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑Yes ❑ No If your answer is "Yes"to this question,where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: - 2 - Department of State Health Services Forth 4734—June 2013 Docu561*,, � SEcut[D Certificate Of Completion Envelope Id:4371AFlC96OD42989225324FO51596BB Status:Sent Subject:Amending$200,000;2016-003808 Corpus Christi-Nueces County Public Health District A-5;DSHS/CMS Source Envelope: Document Pages:16 Signatures:0 Envelope Originator: Certificate Pages:2 Initials:0 Texas Health and Human Services Commission AutoNav:Enabled 1100 W.49th St. Envelopeld Stamping:Enabled Austin,TX 78756 Time Zone:(UTC-06:00)Central Time(US&Canada) PCS__DocuSign@hhsc.state.tx.us IP Address:167.137.1.16 Record Tracking Status:Original Holder:Texas Health and Human Services Location:DocuSign May 18,2018 Commission PCS_DocuSign@hhsc.state.tx.us Signer Events Signature Timestamp Annette Rodriquez Sent:May 18,2018 annetter@cctexas.com Resent:May 18,2018 Health Director City of Corpus Christi Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Manda Hall,M.D. Manda.Hall@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Margaret Schmidt COPIED Sent:May 18,2018 margaret.schmidt@hhsc.state.tx.us Viewed:May 18,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Jason Adams Sent:May 18,2018 jason.adams@dshs.state.tx.us COPIED Viewed:May 18,2018 Contract Manager Texas Health and Human Services Commission Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMU Contract Inbox COPIED Sent:May 18,2018 cmucontracts@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign William Uhlarik COPIED Sent:May 18,2018 williamu2@cctexas.com Viewed:May 22,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted May 18,2018 Payment Events Status Timestamps se GO O� A. v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 26, 2018 NCOR PORAL Q 1852 Second Reading Ordinance for the City Council Meeting of July 17, 2018 DATE: June 26, 2018 TO: Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation Fred S(c�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a)..cctexas.com (361) 826-3169 Farm and Grazing Land Leases at Corpus Christi International Airport for Five Years Each with a Three-year option CAPTION: Ordinance authorizing two, five-year Farm Leases with Matt Danysh Farms, Inc and S & S Farms Partnership, and one five-year Grazing Lease with S & S Farms Partnership with a three year option for all leases for land located at Corpus Christi International Airport with projected annual revenue of $133,806.45. PURPOSE: To approve leases of land located at Corpus Christi International Airport. BACKGROUND AND FINDINGS: Corpus Christi International Airport is located on approximately 2,400 acres of land. A significant portion of which remains unimproved and available for agricultural use. In addition, this lease will help to reduce mowing costs on unimproved property and generate revenue. On April 30, 2013, the City Council approved five-year farm lease agreements with Matt Danysh and S & S Farms for Parcel 1 - 870.703 acres and Parcel 2 - 591.374 acres respectively. The rate per acre for both parcels is $55. In addition, Ms. Katherine Horne executed a five-year farm and grazing agreement for 28.73 acres at a rate of$25 an acre. Because of runway extension we had reduced Parcel 1 acres from 870.703 to 692.35 acres. The Purchasing Division conducted a competitive Request for Proposal process to obtain proposals for a lease contract. The City received three proposals and is recommending Matt Danysh for Parcel 1 - 692.35 acres at $98 per acre and S & S Farms Partnership for Parcel 2 - 590.46 acres at $110 per acre and Parcel 3 - 28.73 acres at $35 per acre. 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: Aviation FINANCIAL IMPACT: Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Airport Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Leases Price Matrix Evaluation Matrix Ordinance authorizing two, five-year Farm Leases with Matt Danysh Farms, Inc. and S & S Farms Partnership, and one five-year Grazing Lease with S & S Farms Partnership with a three year option for all leases for land located at Corpus Christi International Airport with projected annual revenue of $133,806.45. WHERAS, the Corpus Christi International Airport ("CCIA") would like to lease farm and grazing land on its premise; WHEREAS, the City is Request for Proposals ("RFP") No. 1507 for the lease of such land and has determined that it is in the best interest of the citizens of the City to lease such land to Matt Danysh Farms, Inc., and S & S Farms Partnership, under the terms below; and WHEREAS, the projected annual revenue from the farm and grazing leases is $133,806.45. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute five-year farm lease with Matt Danysh Farms, Inc. for 692.35 acres of farm land located at CCIA in consideration of an annual payment of$98 per acre, with one three-year option to renew. A copy of the Lease agreement is attached hereto as Exhibit A. SECTION 2. The City Manager or designee is authorized to execute five-year farm lease with S & S Farms Partnership for 590.46 acres of farm land located at CCIA in consideration of an annual payment of$110 per acre, with one three-year option to renew. A copy of the Lease agreement is attached hereto as Exhibit B. SECTION 3. The City Manager or designee is authorized to execute five-year grazing lease with S & S Farms Partnership for 28.73 acres of grazing land located at CCIA in consideration of an annual payment of$35 per acre, with one three-year option to renew. A copy of the Lease agreement is attached hereto as Exhibit C. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED, this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor RFP No. 1507 Farm or Grazing Land Lease Buyer - Japan Shah Proposal Evaluation LA Farms S & S Farms Matt Danysh p Partnership Farms Minimum Qualifications Required two years in business Pass Pass Pass No Outstanding lawsuits during 5 years or current Pass Pass Pass litigation with the City during last 5 years No outstanding regulatory issues during 5 years Pass Pass Pass References provided for firm Pass Pass Pass Technical Proposal Technical Proposal (40 points) 28.67 35.67 36 Firms' Experience (20 points) Understanding of Project Scope (20 points) Price Price (60 points) Parcel 1 47.14 0 60 Parcel 2 50.18 60 0 Parcel 3 42.85 60 0 Total Parcel 1 75.81 35.67 96 Total Parcel 2 78.85 95.67 36 Total Parcel 3 71.52 95.67 36 City of Corpus Christi Pricing Matrix Purchasing Division RFP 1507 Farm or Grazing Land Lease BUYER-Japan Shah Aviation Department Matt Danysh Farms S&S Farms Partnership LA Farms Item Description Qty UOM Unit Price Total Unit Price Total Unit Price Total 1 Farm Land-Parcel 1 692.35 Acres $ 98.00 $ 67,850.30 $ - $ - $ 77.00 $ 53,310.95 2 Farm Land-Parcel 2 590.46 Acres $ - $ - $ 110.00 $ 64,950.60 $ 92.00 $ 54,322.32 $ - $ 64,950.60 $ 54,322.32 3 Grazing Land-Parcel 3 28.73 Acres $ - $ - $ 35.00 $ 1,005.55 $ 25.00 $ 718.25 $ $ 1,005.55 $ 718.25 nnua evenue FARM LEASE AGREEMENT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This farm lease agreement ("Lease") is entered into this by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), and Matt Danysh Farms, Inc. ("Lessee"), a Texas general partnership, in consideration of the mutual covenants contained in this Lease. 1. PREMISES. The City leases to Lessee 692.35 acres (the "Premises"), more particularly described as portions of property inside the airport perimeter fence, near adjacent to the southern and western edges of the fence and runway 13-31, excluding a 10-foot area along the perimeter fence and Airport Perimeter Road, as shown as Parcel No. 1 in the map referenced as "Attachment B", which is attached to this Lease and incorporated by reference in this Lease as if it were set out here in its entirety. The Premises is limited to the description provided in and the restrictions shown in "Attachment A," which is attached to this Lease and incorporated by reference in this Lease as if it were set out here in its entirety. 2. PURPOSE. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize the Premises for the farming of crops and for no other purpose. The use of the Premises shall be limited as laid out in this Lease and as shown in Attachment A. The Lessee shall use the Premises in accordance with "Exhibit 1," the Request for Proposals (RFP) No. 1507, and "Exhibit 2," the Lessee's submitted proposal, which exhibits are incorporated by reference in this Lease as if set out here in their entirety. 3. LEASE TERM. This Lease is for a five-year term beginning October 1St, 2018 and ending at midnight on September 30th, 2023, subject to prior termination as set out in this Lease. For annual lease payment purposes, October 1St of every succeeding calendar year following the execution of this Lease is deemed the anniversary date of the Lease ("Anniversary Date"). The Lease may be renewed for one additional three-year term upon agreement of the Parties. If the Lease is renewed, the Lease Payment, as defined below, will be adjusted upward by the percentage change in the Consumer Price Index- All Urban Consumers (CPI-U) for the Houston-The Woodlands-Sugarland, TX area- All Items, during the one-year period immediately preceding the most recent available information at the time of such renewal, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or of any revised or successor index hereafter published by the Bureau of Labor Statistics. 4. LEASE PAYMENT. A. Upon Lessee's execution of this Lease and the City Council's approval, Lessee must pay the City an annual lease payment of $67,850.3 which is based on 98 per acre x 692.35 acres ("Lease Payment"). Any one-time bonus payment that was included in a bid by Lessee and accepted as consideration for this Lease must also be remitted with the initial Lease Payment. The Lease Payment is due at the beginning of the Lease and on or before each Anniversary Date. B. The Lease Payment must be delivered or mailed to: City of Corpus Christi Department of Aviation A/R 1000 International Drive Corpus Christi, Texas 78406 C. Lease Payments are not refundable if this Lease is terminated prior to completion of its full five-year term. D. In the event Lessee holds over beyond the expiration of the term herein provided with the consent, express or implied, of the City, any such holdover is a tenancy at sufferance and such holdover period will only be from month-to-month and subject to the conditions of this Lease. Lessee acknowledges and agrees in advance that any such holdover does not constitute a renewal of this Lease, and any holdover period is subject to Lessee's payment of a monthly rental amount equal to 1/12 of the last annual Lease Payment. 5. ACCEPTANCE OF PREMISES DISCLAIMER. A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT, UPON LESSEE'S REQUEST PRIOR TO THE EXECUTION OF THIS LEASE, LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS, IF ANY, EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE OF THIS LEASE ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT TO SUCH STRUCTURES AND IMPROVEMENTS. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON LESSEE'S EXAMINATION OF THE SAME. D. THE CITY, HAVING FEE SIMPLE RIGHTS TO THIS LAND, DOES NOT WARRANT ITS TITLE TO THE PREMISES AND DOES NOT GUARANTEE LESSEE'S QUIET POSSESSION OF SAME. LESSEE ACKNOWLEDGES AND IS AWARE THAT THE PREMISES IS CONTAINED WITHIN A LARGER AREA OF LAND OWNED BY THE CITY AND CURRENTLY USED FOR ACTIVE AIRPORT OPERATIONS AND RELATED PURPOSES. THIS LEASE AND THE RIGHTS AND PRIVILEGES GRANTED LESSEE IN AND TO THE PREMISES ARE SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, AND EXCEPTIONS OF RECORD OR APPARENT. LESSEE ACKNOWLEDGES THAT LESSOR DOES NOT OWN ALL MINERAL AND GAS RIGHTS TO THE PREMISES, AND LESSEE IS SUBJECT TO ANY EXPLORATORY AND PRODUCTION RIGHTS OF THE MINERAL OWNERS AND WHICH COULD PRODUCE DAMAGES TO LESSEE'S LEASEHOLD. NOTHING CONTAINED IN THIS LEASE MAY BE CONSTRUED TO IMPLY THE CONVEYANCE TO LESSEE OF RIGHTS IN THE PREMISES THAT EXCEED THOSE OWNED BY THE CITY. Page 2 of 15 E. THE PROVISIONS OF THIS SECTION 5 SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 6. USE AND MAINTENANCE. A. Lessee shall use the Premises for agricultural purposes only and cannot make any other use of the Premises without the prior written consent of the City. Lessee shall take good care of the Premises and its appurtenances and suffer no waste. Lessee shall keep the Premises in good repair at Lessee's own expense. Lessee shall observe and obey all applicable federal, state, and local laws, rules, and regulations and all rules set out by the City for the operation of the Premises. At the expiration of this Lease, Lessee shall surrender the Premises in as good condition as the same are now in, natural wear and tear and damage from the elements only accepted. Lessee will not permit any alcoholic beverages on the Premises. Lessee agrees to conduct all of Lessee's operations on the leased premises in a reasonable, efficient and prudent manner. B. In compliance with the Federal Aviation Administration ("FAA") restriction on the types of crops grown on the Airport and pursuant to Section 18 herein, except as provided in Attachment A, Lessee shall not plant sunflower, seeded crops or cereal grain crops on the Premises. Lessee may not construct any improvements on the Premises. Lessee may not use the Premises for storage of equipment or supplies C. Without limiting the foregoing, Lessee specifically agrees: 1) Chemical Notification. The use of all agricultural chemicals, fertilizers, and pesticides will be in a lawful, safe, and a prudent manner. The City's Director of Aviation or designee ("Aviation Director') will determine and approve the time and place any aerial or ground chemicals, fertilizers, and pesticides will be used due to the proximity of the airport and its employees and the public. Under normal circumstances, the notice of intent to use agricultural chemicals, fertilizers and pesticides must be provided in writing no less than five business days prior to use and addressed to: City of Corpus Christi Director of Aviation 1000 International Drive Corpus Christi, TX 78406 Fax: (361)-826-4533 In the event of crop destruction due to midge insects and under an emergency situation only, Lessee will be allowed to, instead, give a 24-hour notice of crop spraying to the Aviation Director by calling (361)-289-0171. 2) Growth Control. Lessee will prevent the growth of and keep the Premises (including cultivated fields, turn rows, ditches, fence rows, and lands adjacent to the Premises) free from Johnson grass, Bermuda grass, cockleburs, burdock plants, and other noxious weeds and undesirable vegetation, and keep the cultivated portion of the Premises free from all sprouts and stumps. 7. REQUIRED MODIFICATION OR AMENDMENT OF LEASE. If the FAA or its successor requires modifications or amendments to this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the modifications or amendments to this Lease as may be reasonably required for the City to obtain the funds; provided, however, that Lessee will not be required to pay increased Lease Payments, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that Page 3 of 15 is mutually satisfactory to all parties regarding any terms or conditions of this Lease affected by said required actions. 8. FEES, TAXES & UTILITIES. Lessee shall pay, if applicable to Lessee's leasehold interest and Lessee's use and business operations at the Premises, all ad valorem taxes, personal property taxes, licenses, utility fees and charges, and all other fees and taxes required to be paid during this Lease. Lessee shall pay, at its sole cost and expense, all taxes, fees, utilities, and charges on or prior to the due date. Within three business days of approval of this Lease and remittance of the initial Lease Payment, Lessee shall ensure that the water utility account and any electrical account, if electricity is available and connected at the Premises, and all other utility account(s) for the Premises are transferred and/or set up in the Lessee's name and all required deposits paid. Payment by Lessee of all utility charges must be timely paid when such charges become due and are not permitted to become delinquent at any time during the term of the Lease. 9. SUBORDINATION TO U.S. AND FAA REQUIREMENTS. This Lease is subordinate to the provisions of any existing or future agreement between the City and the government of the United States relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 9 or under Section 7 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the value of the Premises, then this Lease shall terminate immediately without any further obligation on part of City to Lessee. 10. RECORDKEEPING. Lessee will keep an accurate book of accounts regarding all business matters pertaining to the cultivation of the Premises, and these account books must be open to inspection by the Aviation Director upon reasonable demand during the City's normal business hours. 11. INSURANCE. A. Coverages. Lessee must obtain and keep in force during the term of this Lease insurance policy or policies in the amounts and with the types of insurance coverages set out in the attached "Attachment C," which attachment is incorporated by reference as if fully set out here in its entirety. B. Failure of Lessee. Failure of Lessee to procure and maintain in force the required insurance coverages constitutes a material breach of the Lease upon which the City may immediately terminate this Lease if Lessee does not furnish proof of the required insurance coverages to the City within 10 days of written notice to Lessee. C. Insurance Coverage Adjustments. The types and amounts of insurance coverage specified in the Lease is subject to adjustment by the City's Risk Manager on the Anniversary Date of the Lease. Notice of any such required adjustment(s) will be provided to Lessee not less than 30 days prior to the Anniversary Date. 12. FINANCING. The City recognizes that Lessee may borrow funds for agricultural purposes, or for other purposes, secured by a first lien security interest in Lessee's leasehold estate in the Premises. The fee simple estate of City in the surface estate, burdened by Lessee's leasehold estate, must not be subject to any liens, and any security lien instrument to which Lessee is a party must contain the following language, or other similar language approved in advance by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Lessee created under that certain Lease effective on October 1, 2018, by and between the City of Corpus Christi and Lessee, and that this instrument does not affect the fee simple Page 4 of 15 interest in the Premises owned by the City of Corpus Christi. In the event of any foreclosure by any lender of a lien or liens on the Lessee's leasehold estate in the Premises or Lessee's improvements, if any, such lender or other purchaser at foreclosure, its successors and assigns, will succeed to all rights, privileges, and duties of Lessee including, without limitation, the duty to pay rent." 13. DAMAGE TO CITY OR FRANCHISEE IMPROVEMENTS. Lessee must pay for all damages to any City or franchisee utility lines and equipment located on the Premises caused by Lessee's farming and agricultural operations and must replace all lines or equipment injured or destroyed as a result of Lessee's farming and agricultural operations. If damage occurs to any gas, storm, wastewater, or water line ("City Improvements"), or to any City equipment located on the Premises, the City's representative will determine the extent of damage and amount of repairs and/or replacement needed to the City Improvements, and, as determined by the City's representative, a City gas, storm, wastewater, or water division crew will be brought in and immediately allowed to make all necessary repairs and/or replacements. For purposes of calculating time, a half-day of four hours or more constitutes a whole working day; any work time in excess of eight hours a day or which occurs on a Saturday, Sunday, or a holiday will be calculated at a daily rate of$53.77 an hour. An additional fee will be due for the cost of a City inspector at a daily rate of $286.80 for any portion of a day spent inspecting construction, maintenance, repair, replacement, or relocation of said utility lines and equipment pursuant to this paragraph. A franchisee whose franchisee improvements are damaged will follow the same process as set out for damage to City Improvements. All costs incurred by City (including labor and materials) associated with the repairs and/or replacement of the lines and equipment must be paid by Lessee. 14. ASSIGNMENT AND SUBLEASING. Lessee shall not at any time, without the express prior written consent of the City Manager, assign, sublease, or transfer, or permit or participate in any assignment, sublease, or transfer, of this Lease or any of the rights, powers, or privileges granted under this Lease. Consent to an assignment or sublease shall not be unreasonably withheld by City. In the event of an approved assignment or sublease, Lessee shall notify any assignee or sublessee that they shall be liable under all terms, conditions, and obligations of this Lease. Lessee further acknowledges and agrees that, notwithstanding any approved assignment or sublease, Lessee shall also remain liable under all terms, conditions, and obligations of the Lease unless released in writing by the City Manager. 15. HUNTING. This Lease does not grant Lessee any rights to hunt on the Premises, and Lessee may not hunt nor allow any other party to hunt on the Premises without the express written consent of the City Manager. 16. SECURITY. A. Lessee, its officers, employees, agents, contractors, and invitees must comply with all applicable federal and local security regulations, as the same may be amended. To the extent allowed by law, Lessee covenants to indemnify and hold harmless City, its officers, and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Lessee, its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge, or penalty is levied against the City or the Lessee. B. Each of Lessee's employees needing access to a restricted area (including the area outlined in Section 17 of this Lease) must wear a security badge while in the restricted area. Lessee will pay an issuance fee for each badge and a replacement fee for each lost security badge. The Aviation Director may also require the payment of a reasonable deposit fee for each security badge issued consistent with fees charged to other tenants at the Airport. Lessee must notify the Aviation Director immediately after any employee of Lessee who was issued a security badge is Page 5 of 15 terminated or loses a badge. Lessee and Lessee's employees must comply with all City and federal security regulations and requirements. 17. ACCESS TO AIRCRAFT OPERATING AREA. A. Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees must comply with all present and future laws, rules, regulations, and ordinances promulgated by the City, the Airport, the federal Transportation Security Administration ("TSA"), the FAA, or other governmental agencies to protect the security and integrity of the Airport's aircraft operating area ("AOA"), as shown on the attached "Attachment B", which is incorporated in this Lease as if fully set out herein. Subject to the approval of the Aviation Director, Lessee must adopt procedures to control and limit access to the AOA by Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees in accordance with all present and future City, Airport, TSA, and FAA laws, rules, regulations, and ordinances. B. Lessee must pay all FAA and TSA fines associated with security breaches or infractions committed by Lessee's employees, agents, contractors, suppliers, and business invitees in the AOA, regardless of whether the fine is assessed to the City or the Airport, as set out in the City Code of Ordinances, Sec. 9-31. C. Lessee agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and representatives against the risk of legal liability for death, injury, or damage to persons or property, direct or consequential, arising from entry of persons into the AOA where permitted, allowed, or otherwise made possible by Lessee, its employees, contractors, suppliers of materials, furnishers of services, business invitees, agents, or any other person under the direction of Lessee in violation of City, Airport, TSA, and FAA laws, rules, regulations, or ordinances or Lessee's approved procedures for controlling access to the AOA. D. Lessee will have access to the Premises, subject to compliance with all applicable Airport, TSA, and FAA security procedures. Movement of all persons in the AOA and Premises must be cleared in accordance with Airport, TSA, and FAA rules and regulations. Lessee is primarily responsible for opening and closing any security gates and doors permitting access between the Premises and the AOA. E. No vehicles owned or operated by Lessee may operate within the movement or non- movement areas of the AOA except those in compliance with Airport, TSA, and FAA rules and regulations. 18. OPERATION WITHIN AIRPORT CERTIFICATION. Lessee must comply with all rules that are applicable to its operations at the Airport under the Airport Certification Rules of the Federal Aviation Regulations ("FAR"), Part 139, as amended [14 CFR Part 139, as amended]. 19. FEDERAL CODE REQUIREMENTS FOR EQUIPMENT USE. Lessee covenants to comply with the notification and review requirements set out in the FAR, Part 77, as amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation that requires notification as outlined in this regulation. 20. CONTROL OF STRUCTURES AND EQUIPMENT. Lessee shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and the City as a height limitation on said structure, antenna, building, or object. The City may enter the Premises and remove the Page 6 of 15 encroaching structure, antenna, building, or object without notice and at Lessee's expense plus an additional administrative charge of fifteen percent (15%). 21. AERIAL APPROACHES. The Aviation Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. 22. RIGHT OF OVERFLIGHT. The City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace noise as may be inherent in the operation of aircraft now known or hereafter used for navigation thereof or flight in the air, and using the airspace for landing at or taking off from, or operating on, the Airport. 23. HAZARDOUS SUBSTANCES. A. For the purposes of this Lease, "hazardous substance or material" means and refers to one or more of the following: 1) Asbestos; 2) Any substance, material or waste defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act(42 U.S.C. Section 6901, et. seq.); 3) Any substance, material or waste defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601, et. seq.); 4)Any substance, material or waste defined as a "regulated substance" pursuant to Subchapter IX of the Solid Waste Disposal Act(42 U.S.C. Section 6991, et. seq.); and 5) Any substance, material or waste which is reasonably considered by the City to pose an actual or potential threat to persons or property in, around, or on the Premises. B. Lessee shall comply with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances, materials, or waste on or near the Premises without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous substance or regulated substance has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property upon the Premises or the Airport, Lessee must immediately notify by oral report in person or by telephone, to be promptly confirmed in writing, the Aviation Director as required by law or regulation. Lessee must cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or threat of release of a hazardous or regulated substance into the drainage system, soil, ground or Page 7 of 15 surface water, waters, or atmosphere in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. D. Lessee shall keep a readily accessible file of Materials Safety Data Sheets ("MSDS") for each hazardous material or substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance or material on the Premises. Lessee will require any operator of the facilities on the Premises to use best efforts to determine which hazardous substance or material was accidentally discharged and ensure that the MSDS sheet is available for the first responders to the Premises. E. Lessee will cause prompt remediation and the payment of all costs associated with any action or inaction of Lessee that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the expiration or earlier termination of this Lease. F. Lessee shall furnish to the Aviation Director, within five days of receipt by Lessee, copies of any and all notices or correspondence directed to Lessee or any other party at the Premises from any governmental entity, other entity, or person indicating a violation or possible violation of any laws, rules, or regulations including, without limitation, any law, rule, or regulation regarding hazardous materials or substances (as such term is defined in this Lease). 24. NO DEBTS. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. 25. NON-DISCRIMINATION/AFFIRMATIVE ACTION A. Nondiscrimination—General. Lessee for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination—Business Owner. This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR Part 23 that it enters and causes those businesses to similarly include the statements in further agreements. Page 8 of 15 C. Remedy for Breach. If the Lessee is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Premises, retake possession thereof, and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. Lessee shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise retained by Lessee shall provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the Premises and its improvements. 26. NOTICES. A. All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the U.S. Postal Service as certified mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service, and sent to the following address: If to City: City of Corpus Christi Aviation Director 1000 International Drive Corpus Christi, TX 78406 Phone: (361)-289-0171 If to Lessee: Matt Danysh Farms Attn: Russell Jungmann Address: 803 N Hackberry St. Bishop, TX 78343 Phone: (469)-396-7376 B. Notice deposited with the U.S. Postal Service in the manner described above will be deemed effective two business days after deposit, postage prepaid. Notice by overnight express delivery service will be deemed effective one business day after delivery to the overnight express carrier, with proof of receipt. C. Either party may notify the other, in the manner described above, of a change of address. Any such change of address must be sent within 10 days of the effective date of the change. 27. INDEMNITY. LESSEE WILL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH Page 9 of 15 CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER WHICH MAY ARISE OUT OF OR IN ANY MANNER BE CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH, THE PERFORMANCE OF THIS LEASE BY LESSEE. LESSEE SHALL, AT LESSEE'S OWN COST AND EXPENSE, INVESTIGATE ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, PAY ALL CHARGES OF ATTORNEYS, AND PAY ALL OTHER COSTS AND EXPENSES OF ANY KIND, INCLUDING EXPERT WITNESS FEES, ARISING FROM ANY SUCH LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS. 28. DEFAULT AND TERMINATION. A. If Lessee defaults in performance of any of the promises or covenants contained herein, City may terminate this Lease following written notice to Lessee of the default and a reasonable opportunity to cure. Upon the occurrence of any uncured event of default, the City may, at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specified in the notice. Once terminated, the City has the right, without further notice to Lessee, to re-enter the Premises and remove all persons therefrom without being deemed guilty in any manner of trespass and also without prejudice to any remedies against Lessee for arrears of rent or breach of covenant. B. In the event that any rent is due and unpaid under the Lease, the City may resume possession of the Premises and relet the same for the remainder of this Lease term at the best rent the City may obtain, for the account of the Lessee, who must pay any resulting deficiency; and the City will have a lien as security upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are located or were placed on the Premises, which lien is cumulative of and in addition to any statutory landlord's lien created by law. C. In the event Lessee has paid the full cash rent at the start of the Lease or any applicable annual Anniversary Date, Lessee shall have the right to harvest any existing crops that have been planted prior to the termination of the Lease. D. The failure of City or Lessee to insist on strict performance of any of the terms, covenants, or conditions of this Lease is not a waiver of any right or remedy that City or Lessee may have and is not a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter nor is deemed to be a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 29. REMOVAL OF PERSONAL PROPERTY. It is Lessee's responsibility to remove its personal property of every kind and type from the Premises prior to termination or expiration of the Lease. Lessee agrees that any personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes the City's property without any further notice, action, or process of law for disposition by the City as the City deems appropriate in the City Manager's sole discretion, without compensation to Lessee. Lessee shall also be invoiced for the City's costs to remove Lessee's personal property from the Premises after termination or expiration of the Lease, and Lessee shall pay the invoice within 30 days of receipt. 30. CONDITION OF PROPERTY UPON EXPIRATION OR TERMINATION. Lessee covenants and agrees that, upon expiration or any earlier termination of this Lease, however caused, Lessee shall quit and surrender the Premises and perform all repairs reasonably necessary to restore the Premises to Page 10 of 15 the same condition it was in at the time this Lease was entered into, reasonable wear and tear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. 31. RIGHTS OF THE CITY. A. The City reserves the right to sell, use, or lease for a governmental or public use different from the present use all or any part of the Premises at any time during the term of this Lease. Should the Premises be sold, used, or leased before expiration of this Lease and the purchaser or lessee is not willing to take the property subject to this Lease and demands immediate possession, then the Lessee agrees to vacate within 30 days following receipt of the notice to vacate. Should it become necessary for Lessee to vacate in case of a sale or lease, then, the City will pay Lessee, for the Premises or portion thereof vacated, the following amounts, to-wit: a proportionate share of the then-applicable annual Lease Payment paid, which share is determined by dividing (i) the number of days of the term remaining after vacation by Lessee by (ii) the total number of days in the term, and multiplying the resulting percentage by the annual Lease Payment amount paid by Lessee. B. The City reserves and excepts from this Lease those easements reasonably necessary for the purpose of assigning, exploring, prospecting, mining, drilling, developing, producing, saving, transporting, storing, treating, removing, and owning the reserved minerals and oil and gas in the Premises to the extent such easements are implied under Texas common law to allow access to severed estates. C. City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. D. It is understood and agreed by Lessee that the City retains sole authority to negotiate settlement of any and all claims for damage by reason of activities in connection with the operation, development, and exploration for oil, gas, and other minerals on the Premises. Lessee shall promptly notify the City of any and all damages to the Premises and/or crops growing thereon that may be occasioned by operation, development, or exploration for oil, gas, or other minerals, or that may be occasioned by any other activity during the Lease term, which Lessee observes, learns of, or has reason to be made aware of any such damage. E. The City, by and through its officials, officers, employees, and agents, has the right at all times during the Lease term to ingress and egress to the Premises for the purpose of conducting any business incident to the activities of the City and for purposes of inspection, repair, fire or police action, and enforcement of the terms of this Lease, and includes the regular and necessary operation of vehicles and equipment on the shared roadways bisecting and crossing the Premises. 32. CONDEMNATION. If the whole or a substantial part of the Premises are taken or condemned by the City, or any entity with legal authority to exercise eminent domain rights, for any public use or purpose, then and in that event, the term of this Lease shall cease and terminate from the date when possession of the part or whole so taken or condemned is required for such use or purpose. If less than a substantial part of the Premises are taken or condemned by the City and, as a result thereof, Lessee believes the ability to continue the purpose of this Lease has been eliminated, the question of a possible partial Lease Payment refund, if any, may be submitted in writing by Lessee to the City for consideration. Page 11 of 15 33. DISCLOSURE OF INTERESTS AND STATE OF TEXAS FORMS. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Lease contract. Lessee agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Lease contract. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Lessee also 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, as Lessee, 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. 34. MODIFICATIONS. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing and signed by a person authorized to sign lease agreements on behalf of each respective party. 35. COMPLIANCE WITH LAWS. A. General. Lessee covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under the Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Lessee's inaction shall not be deemed a breach of this Lease. B. Federal. Lessee shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts the U.S. Congress passes that apply to the uses and operations at the Premises. C. State. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. D. Local. Lessee shall comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. 36. RELATIONSHIP OF THE 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. 37. GENERAL PROVISIONS. A. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises in which it holds an interest and reserves the right to conduct or provide for testing and removal of any such City-owned water, gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive City's or Lessee's right thereafter to declare a forfeiture for like or other or succeeding breach or default. Page 12 of 15 C. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations under this Lease by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God to include severe inclement weather and sustained periods of rain or snow, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform and claiming the force majeure. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Lessee pursuant to this Lease and the obligation of City to deliver the Premises. D. Rules and Regulations. Lessor has adopted minimum operational standards ("Minimum Standards") and rules and regulations ("Rules and Regulations"), which shall govern Lessee in the use of the Premises and all common facilities, a copy of each of which has been furnished to the Lessee and are incorporated herein by reference. Lessee agrees to comply fully at all times with these governing documents. Lessor, in its sole discretion, shall have the right to amend, modify, and alter these Minimum Standards and Rules and Regulations from time to time in a reasonable manner and may introduce other regulations as deemed necessary for the purpose of assuring the safety, welfare, convenience, and protection of property of Lessor, Lessee, and all other tenants and customers of the Airport; provided, however, that Lessor shall give Lessee reasonable advance notice of any such amendments, modifications, or alternations of the Minimum Standards and Rules and Regulations. E. Venue. Venue for any action brought under this Lease lies in Nueces County, Texas, where the Lease was executed and will be performed. F. No Third Party Benefit. No provision of this Lease creates a third party claim against the City or the Lessee beyond that which may legally exist in the absence of any such provision. G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay all charges, fees, and taxes including, but not limited to, all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Internal Revenue Circular E "Employer's Tax Guide," Publication 15, as it may be amended, and give all notices and respond to all communications that are necessary and incident to the due and lawful conduct of business at and occupancy of the Premises by Lessee. Lessee must provide proof of payment of any tax within 10 days after the City Manager's written request for the same. H. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable, sealed fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit the piling of boxes, barrels, or other similar items in or within view from a public area; and must pay, or cause to be paid, the costs associated with trash removal and disposal. I. Delegation. Any obligations of the Lessee required by this Lease may be delegated to any approved sublessee by the terms of the sublease agreement between the parties, provided, however, that any such delegation shall not relieve Lessee of its liability, responsibilities, and obligations under this Lease. J. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. Page 13 of 15 38. SEVERABILITY. 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. 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. 39. BINDING AGREEMENT. It is mutually understood and agreed that the covenants, conditions, and provisions contained in this Lease to be performed by the respective parties are binding on the parties and their respective successors, assigns, and heirs. 40. ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached hereto constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's use of the Premises. Executed in triplicate by the parties. By Lessee's execution below, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager or designee. [SIGNATURE PAGE TO FOLLOW) Page 14 of 15 LESSOR: CITY OF CORPUS CHRISTI ATTEST: Sylvia Carrillo Rebecca Huerta Assistant City Manager City Secretary APPROVED AS TO LEGAL FORM: 120—. MILES RISLEY, CITY ATTORNEY Assistant City Attorney LESSEE: Russell Jungmann Date President THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Russell Jungmann, as the President of Matt Danysh Farms, Inc., a Texas Corporation, on behalf of said corporation. Given under my hand and seal of office this day of A.D., 2018. Notary Public Attached and Incorporated by Reference: Attachment A- Scope of Lease Attachment B- Map of Premises Attachment C - Insurance Requirements Incorporated by Reference Only: Exhibit 1: RFP No. 1507 Exhibit 2: Lessee's Submitted Proposal Page 15 of 15 Attachment A Scope of Lease 1.1. General Requirements The Corpus Christi International Airport (CCIA) possess agricultural and grazing land, which is located at 1000 International Drive, Corpus Christi, Texas. A significant portion of land remains unimproved and available for agricultural and grazing use. 1.2. Scope of Lease The Corpus Christi International Airport possess 1 ,31 1 .54 acres of land on airport property, which is available for lease. Out of 1 ,31 1 .54 acres, approximately 1 ,282.81 acres is available for agricultural and approximately 28.73 is available for cattle grazing. Parcel description shown in Exhibit A, Drainage ditch layout shown in Exhibit B, and Airport Operating Area(AOA) shown in Exhibit C. A.Farm land The Farm Land is divided between two parcels. 1 . Parcel 1 The first parcel as shown in Exhibit A is approximately 692.35 acres of land and all acres of land are within the boundaries of the Airport security fence and will require security backgrounds checks, airport badges and training in accordance with TSA rules and regulations to access. The first parcel of land will also require the lessee to undergo airport driver training in accordance with Federal Aviation Administration rules and regulations. 2. Parcel 2 The second parcel as shown in Exhibit A is approximately 590.46 acres of land and all the acres are outside the boundaries of Airport security fence. B. Farm Land Lease Restriction 1 . No crops shall be allowed along the side of runway 13-31 closer than 530' from the runway centerline 2. No crops shall be allowed along the side of runway 18-36 closer than 530' from the runway centerline. 3. No crops shall be allowed in the runway approach areas closer than 1000' from the runway end. 4. No crops shall be allowed within 130' of the taxiway centerline. 5. Crops shall not be planted closer than 10 feet from the perimeter fence, access roads, and drainage ditches. 6. Crops shall not block the line of sight between runways (mid-point to mid-point) 7. Aerial application of oil based product of any kind is prohibited. Automated Weather Observation System(AWOS) sensors subject to contamination RFP Template 09.13.17 Page 1 of 2 8. All equipment and hay bales must be moved back adjacent to the nearest perimeter road at the end of each work day. 9. Cotton, Corn and Wheat are acceptable crops subject to harvesting prior to Bird migration season. Bird Migration season generally runs from Mid-February through May and early September through December. C.Grazing Land - Parcel 3 The grazing land as shown in Exhibit A is available for lease is approximately 28.73 acres; and is outside the boundaries of the Airport security fence. RFP Template 09.13.17 Page 2 of 2 CORPUS CHRISTI INTERNATIONAL AIRPORT _ Attachment B _ _ _ -_ iivn5.rvGiiWAx N t°LAN=51 u�+oma••__ r'— Exhibit A AIRPORT SECURITY PERIMETER FENCE Map of Premises PARCEL No.i i 354692.35 ACRES(Airport Inside Securely Perimeter Fence) 221.65 AC ¢ PARCEL No.2 590.46 ACRES(Airport Outside Security Perimeter Fence) U PARCEL No.3 �-- 1 N 28.73 ACRES(Airport Outside S—rity Perimeter Fence) NOTE: $ y 267.41 AC A 10 Feet WIDE SECTION ALONG CCIA PERIMETER ROAD,DRAINAGE SYSTEM,AND AOA FENCE SHALL BE CLEARED FROM FARMING ACTIVITIES AND MAINTAINED TO PROVIDE ACCESS FOR CCIA PERSONNEL L - AND EQUIPMENT. 91.65 AC 28.73 AC A 1 212.84 AC c oar AC ..'17797AE - 71.64 AGI �c�r tri CC nrPARTulFNTOFAVIATION EXHIBIT A FS _ PARCELS No,1,2&3 oo a_oMs CORPUS CHRISTI n��xa.«n Page 1 of INTERNATIONAL AIRPORT 2018 rori Attachment B Exhibit B Map of Premises: Drainage Ditch Layout BOOM 750151111 0141I 717M 7M111 719135 24" o 16 MW ism ' 705!5051011 4 NAM y� NMI T 1M197\P ' a ro1117710 75�5.ns11 II Iwo ,ate 7 u �OITU SE 115471 `7 , IQAA7G — 7[f71474Y14 WOO 7000l5MH � � f i j 211142 + 7o0Y4b3p i 75OMW min Min 7U115 in �Ilt 9a1T17 ;'� t119ta 7 711410 WN MIN NMI, 711151 \4y EXISTING DRAINAGE DITCH Layout (With Unfarmed Setback Areas) Area=366,80 acres RFP Template 09.13.17 Page 2 of 3 . . . , . . . . . ■ . . . | . . . . @ . . . � . . � �- ��` / y ` • - �\< � � . F - \ . yr . . . . , . - ■- -..- . Attachment C Insurance Requirements 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 subcontractor, 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 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. Broad Form Property Damage 7. Personal Injury RFP Template 09.13.17 Page 1 of 3 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; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and RFP Template 09.13.17 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. 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. Grazing and Farm Land Lease Insurance Requirements 01/18/2018 sw Risk Management RFP Template 09.13.17 Page 3 of 3 FARM LEASE AGREEMENT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This farm lease agreement ("Lease") is entered into this by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), and S & S Farms Partnership ("Lessee"), a Texas general partnership, in consideration of the mutual covenants contained in this Lease. 1. PREMISES. The City leases to Lessee 590.46 acres (the "Premises"), portions of the land outside the airport perimeter fence, west of Kelly Ditch, east of Highway 53, and north of Old Brownsville Road, running near adjacent to the eastern and south-eastern portions of the airport perimeter fence, Bear Lane, FM 763, and the drainage ditch adjacent to the southeast portion of the perimeter fence, excluding a ten-foot section along the airport perimeter fence and drainage system, more particularly described as shown as Parcel No. 2 on the map referenced as "Attachment B", which is attached to this Lease and incorporated by reference in this Lease as if it were set out here in its entirety. The Premises is limited to the description provided in and the restrictions shown in "Attachment A," which is attached to this Lease and incorporated by reference in this Lease as if it were set out here in its entirety. 2. PURPOSE. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize the Premises for the farming of crops and for no other purpose. The use of the Premises shall be limited as laid out in this Lease and as shown in Attachment A. The Lessee shall use the Premises in accordance with "Exhibit 1," the Request for Proposals (RFP) No. 1507, and "Exhibit 2," the Lessee's submitted proposal, which exhibits are incorporated by reference in this Lease as if set out here in their entirety. 3. LEASE TERM. This Lease is for a five-year term beginning October 1St, 2018, and ending at midnight on September 30th, 2023, subject to prior termination as set out in this Lease. For annual lease payment purposes, October 1 of every succeeding calendar year following the execution of this Lease is deemed the anniversary date of the Lease ("Anniversary Date"). The Lease may be renewed for one additional three-year term upon agreement of the Parties. If the Lease is renewed, the Lease Payment, as defined below, will be adjusted upward by the percentage change in the Consumer Price Index- All Urban Consumers (CPI-U) for the Houston-The Woodlands-Sugarland, TX area- All Items, during the one-year period immediately preceding the most recent available information at the time of such renewal, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or of any revised or successor index hereafter published by the Bureau of Labor Statistics. 4. LEASE PAYMENT. A. Upon Lessee's execution of this Lease and the City Council's approval, Lessee must pay the City an annual lease payment of $64,950.6 which is based on 110 per acre x 590.46 acres ("Lease Payment"). Any one-time bonus payment that was included in a bid by Lessee and accepted as consideration for this Lease must also be remitted with the initial Lease Payment. The Lease Payment is due at the beginning of the Lease and on or before each Anniversary Date. B. The Lease Payment must be delivered or mailed to: City of Corpus Christi Department of Aviation A/R 1000 International Drive Corpus Christi, Texas 78406 C. Lease Payments are not refundable if this Lease is terminated prior to completion of its full five-year term. D. In the event Lessee holds over beyond the expiration of the term herein provided with the consent, express or implied, of the City, any such holdover is a tenancy at sufferance and such holdover period will only be from month-to-month and subject to the conditions of this Lease. Lessee acknowledges and agrees in advance that any such holdover does not constitute a renewal of this Lease, and any holdover period is subject to Lessee's payment of a monthly rental amount equal to 1/12 of the last annual Lease Payment. 5. ACCEPTANCE OF PREMISES DISCLAIMER. A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT, UPON LESSEE'S REQUEST PRIOR TO THE EXECUTION OF THIS LEASE, LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS, IF ANY, EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE OF THIS LEASE ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT TO SUCH STRUCTURES AND IMPROVEMENTS. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON LESSEE'S EXAMINATION OF THE SAME. D. THE CITY, HAVING FEE SIMPLE RIGHTS TO THIS LAND, DOES NOT WARRANT ITS TITLE TO THE PREMISES AND DOES NOT GUARANTEE LESSEE'S QUIET POSSESSION OF SAME. LESSEE ACKNOWLEDGES AND IS AWARE THAT THE PREMISES IS CONTAINED WITHIN A LARGER AREA OF LAND OWNED BY THE CITY AND CURRENTLY USED FOR ACTIVE AIRPORT OPERATIONS AND RELATED PURPOSES. THIS LEASE AND THE RIGHTS AND PRIVILEGES GRANTED LESSEE IN AND TO THE PREMISES ARE SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, AND EXCEPTIONS OF RECORD OR APPARENT. LESSEE ACKNOWLEDGES THAT LESSOR DOES NOT OWN ALL MINERAL AND GAS RIGHTS TO THE PREMISES, AND LESSEE IS SUBJECT TO ANY EXPLORATORY AND PRODUCTION RIGHTS OF THE MINERAL OWNERS AND WHICH COULD PRODUCE DAMAGES TO LESSEE'S LEASEHOLD. NOTHING CONTAINED IN THIS Page 2 of 16 LEASE MAY BE CONSTRUED TO IMPLY THE CONVEYANCE TO LESSEE OF RIGHTS IN THE PREMISES THAT EXCEED THOSE OWNED BY THE CITY. E. THE PROVISIONS OF THIS SECTION 5 SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 6. USE AND MAINTENANCE. A. Lessee shall use the Premises for agricultural purposes only and cannot make any other use of the Premises without the prior written consent of the City. Lessee shall take good care of the Premises and its appurtenances and suffer no waste. Lessee shall keep the Premises in good repair at Lessee's own expense. Lessee shall observe and obey all applicable federal, state, and local laws, rules, and regulations and all rules set out by the City for the operation of the Premises. At the expiration of this Lease, Lessee shall surrender the Premises in as good condition as the same are now in, natural wear and tear and damage from the elements only accepted. Lessee will not permit any alcoholic beverages on the Premises. Lessee agrees to conduct all of Lessee's operations on the leased premises in a reasonable, efficient and prudent manner. B. In compliance with the Federal Aviation Administration ("FAA") restriction on the types of crops grown on the Airport and pursuant to Section 18 herein,except as provided in Attachment A, Lessee shall not plant sunflower, seeded crops or cereal grain crops on the Premises. Lessee may not construct any improvements on the Premises. Lessee may not use the Premises for storage of equipment or supplies C. Without limiting the foregoing, Lessee specifically agrees: 1) Chemical Notification. The use of all agricultural chemicals, fertilizers, and pesticides will be in a lawful, safe, and a prudent manner. The City's Director of Aviation or designee ("Aviation Director') will determine and approve the time and place any aerial or ground chemicals, fertilizers, and pesticides will be used due to the proximity of the airport and its employees and the public. Under normal circumstances, the notice of intent to use agricultural chemicals, fertilizers and pesticides must be provided in writing no less than five business days prior to use and addressed to: City of Corpus Christi Director of Aviation 1000 International Drive Corpus Christi, TX 78406 Fax: (361)-826-4533 In the event of crop destruction due to midge insects and under an emergency situation only, Lessee will be allowed to, instead, give a 24-hour notice of crop spraying to the Aviation Director by calling (361)-289-0171. 2) Growth Control. Lessee will prevent the growth of and keep the Premises (including cultivated fields, turn rows, ditches, fence rows, and lands adjacent to the Premises) free from Johnson grass, Bermuda grass, cockleburs, burdock plants, and other noxious weeds and undesirable vegetation, and keep the cultivated portion of the Premises free from all sprouts and stumps. 7. REQUIRED MODIFICATION OR AMENDMENT OF LEASE. If the FAA or its successor requires modifications or amendments to this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the modifications or amendments to this Lease as may be Page 3 of 16 reasonably required for the City to obtain the funds; provided, however, that Lessee will not be required to pay increased Lease Payments, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that is mutually satisfactory to all parties regarding any terms or conditions of this Lease affected by said required actions. 8. FEES, TAXES & UTILITIES. Lessee shall pay, if applicable to Lessee's leasehold interest and Lessee's use and business operations at the Premises, all ad valorem taxes, personal property taxes, licenses, utility fees and charges, and all other fees and taxes required to be paid during this Lease. Lessee shall pay, at its sole cost and expense, all taxes, fees, utilities, and charges on or prior to the due date. Within three business days of approval of this Lease and remittance of the initial Lease Payment, Lessee shall ensure that the water utility account and any electrical account, if electricity is available and connected at the Premises, and all other utility account(s) for the Premises are transferred and/or set up in the Lessee's name and all required deposits paid. Payment by Lessee of all utility charges must be timely paid when such charges become due and are not permitted to become delinquent at any time during the term of the Lease. 9. SUBORDINATION TO U.S. AND FAA REQUIREMENTS. This Lease is subordinate to the provisions of any existing or future agreement between the City and the government of the United States relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 9 or under Section 7 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the value of the Premises, then this Lease shall terminate immediately without any further obligation on part of City to Lessee. 10. RECORDKEEPING. Lessee will keep an accurate book of accounts regarding all business matters pertaining to the cultivation of the Premises, and these account books must be open to inspection by the Aviation Director upon reasonable demand during the City's normal business hours. 11. INSURANCE. A. Coverages. Lessee must obtain and keep in force during the term of this Lease insurance policy or policies in the amounts and with the types of insurance coverages set out in the attached "Attachment C," which attachment is incorporated by reference as if fully set out here in its entirety. B. Failure of Lessee. Failure of Lessee to procure and maintain in force the required insurance coverages constitutes a material breach of the Lease upon which the City may immediately terminate this Lease if Lessee does not furnish proof of the required insurance coverages to the City within 10 days of written notice to Lessee. C. Insurance Coverage Adjustments. The types and amounts of insurance coverage specified in the Lease is subject to adjustment by the City's Risk Manager on the Anniversary Date of the Lease. Notice of any such required adjustment(s) will be provided to Lessee not less than 30 days prior to the Anniversary Date. 12. FINANCING. The City recognizes that Lessee may borrow funds for agricultural purposes, or for other purposes, secured by a first lien security interest in Lessee's leasehold estate in the Premises. The fee simple estate of City in the surface estate, burdened by Lessee's leasehold estate, must not be subject to any liens, and any security lien instrument to which Lessee is a party must contain the following language, or other similar language approved in advance by the City Attorney: Page 4 of 16 "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Lessee created under that certain Lease effective on October 1, 2018, by and between the City of Corpus Christi and Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi. In the event of any foreclosure by any lender of a lien or liens on the Lessee's leasehold estate in the Premises or Lessee's improvements, if any, such lender or other purchaser at foreclosure, its successors and assigns, will succeed to all rights, privileges, and duties of Lessee including, without limitation, the duty to pay rent." 13. DAMAGE TO CITY OR FRANCHISEE IMPROVEMENTS. Lessee must pay for all damages to any City or franchisee utility lines and equipment located on the Premises caused by Lessee's farming and agricultural operations and must replace all lines or equipment injured or destroyed as a result of Lessee's farming and agricultural operations. If damage occurs to any gas, storm, wastewater, or water line ("City Improvements"), or to any City equipment located on the Premises, the City's representative will determine the extent of damage and amount of repairs and/or replacement needed to the City Improvements, and, as determined by the City's representative, a City gas, storm, wastewater, or water division crew will be brought in and immediately allowed to make all necessary repairs and/or replacements. For purposes of calculating time, a half-day of four hours or more constitutes a whole working day; any work time in excess of eight hours a day or which occurs on a Saturday, Sunday, or a holiday will be calculated at a daily rate of$53.77 an hour. An additional fee will be due for the cost of a City inspector at a daily rate of $286.80 for any portion of a day spent inspecting construction, maintenance, repair, replacement, or relocation of said utility lines and equipment pursuant to this paragraph. A franchisee whose franchisee improvements are damaged will follow the same process as set out for damage to City Improvements. All costs incurred by City (including labor and materials) associated with the repairs and/or replacement of the lines and equipment must be paid by Lessee. 14. ASSIGNMENT AND SUBLEASING. Lessee shall not at any time, without the express prior written consent of the City Manager, assign, sublease, or transfer, or permit or participate in any assignment, sublease, or transfer, of this Lease or any of the rights, powers, or privileges granted under this Lease. Consent to an assignment or sublease shall not be unreasonably withheld by City. In the event of an approved assignment or sublease, Lessee shall notify any assignee or sublessee that they shall be liable under all terms, conditions, and obligations of this Lease. Lessee further acknowledges and agrees that, notwithstanding any approved assignment or sublease, Lessee shall also remain liable under all terms, conditions, and obligations of the Lease unless released in writing by the City Manager. 15. HUNTING. This Lease does not grant Lessee any rights to hunt on the Premises, and Lessee may not hunt nor allow any other party to hunt on the Premises without the express written consent of the City Manager. 16. SECURITY. A. Lessee, its officers, employees, agents, contractors, and invitees must comply with all applicable federal and local security regulations, as the same may be amended. To the extent allowed by law, Lessee covenants to indemnify and hold harmless City, its officers, and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Lessee, its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge, or penalty is levied against the City or the Lessee. B. Each of Lessee's employees needing access to a restricted area (including the area outlined in Section 17 of this Lease) must wear a security badge while in the restricted area. Lessee will Page 5 of 16 pay an issuance fee for each badge and a replacement fee for each lost security badge. The Aviation Director may also require the payment of a reasonable deposit fee for each security badge issued consistent with fees charged to other tenants at the Airport. Lessee must notify the Aviation Director immediately after any employee of Lessee who was issued a security badge is terminated or loses a badge. Lessee and Lessee's employees must comply with all City and federal security regulations and requirements. 17. ACCESS TO AIRCRAFT OPERATING AREA. A. Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees must comply with all present and future laws, rules, regulations, and ordinances promulgated by the City, the Airport, the federal Transportation Security Administration ("TSA"), the FAA, or other governmental agencies to protect the security and integrity of the Airport's aircraft operating area ("AOA"), as shown on the attached "Attachment B", which is incorporated in this Lease as if fully set out herein. Subject to the approval of the Aviation Director, Lessee must adopt procedures to control and limit access to the AOA by Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees in accordance with all present and future City, Airport, TSA, and FAA laws, rules, regulations, and ordinances. B. Lessee must pay all FAA and TSA fines associated with security breaches or infractions committed by Lessee's employees, agents, contractors, suppliers, and business invitees in the AOA, regardless of whether the fine is assessed to the City or the Airport, as set out in the City Code of Ordinances, Sec. 9-31. C. Lessee agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and representatives against the risk of legal liability for death, injury, or damage to persons or property, direct or consequential, arising from entry of persons into the AOA where permitted, allowed, or otherwise made possible by Lessee, its employees, contractors, suppliers of materials, furnishers of services, business invitees, agents, or any other person under the direction of Lessee in violation of City, Airport, TSA, and FAA laws, rules, regulations, or ordinances or Lessee's approved procedures for controlling access to the AOA. D. Lessee will have access to the Premises, subject to compliance with all applicable Airport, TSA, and FAA security procedures. Movement of all persons in the AOA and Premises must be cleared in accordance with Airport, TSA, and FAA rules and regulations. Lessee is primarily responsible for opening and closing any security gates and doors permitting access between the Premises and the AOA. E. No vehicles owned or operated by Lessee may operate within the movement or non- movement areas of the AOA except those in compliance with Airport, TSA, and FAA rules and regulations. 18. OPERATION WITHIN AIRPORT CERTIFICATION. Lessee must comply with all rules that are applicable to its operations at the Airport under the Airport Certification Rules of the Federal Aviation Regulations ("FAR"), Part 139, as amended [14 CFR Part 139, as amended]. 19. FEDERAL CODE REQUIREMENTS FOR EQUIPMENT USE. Lessee covenants to comply with the notification and review requirements set out in the FAR, Part 77, as amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation that requires notification as outlined in this regulation. Page 6 of 16 20. CONTROL OF STRUCTURES AND EQUIPMENT. Lessee shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and the City as a height limitation on said structure, antenna, building, or object. The City may enter the Premises and remove the encroaching structure, antenna, building, or object without notice and at Lessee's expense plus an additional administrative charge of fifteen percent (15%). 21. AERIAL APPROACHES. The Aviation Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. 22. RIGHT OF OVERFLIGHT. The City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace noise as may be inherent in the operation of aircraft now known or hereafter used for navigation thereof or flight in the air, and using the airspace for landing at or taking off from, or operating on, the Airport. 23. HAZARDOUS SUBSTANCES. A. For the purposes of this Lease, "hazardous substance or material" means and refers to one or more of the following: 1) Asbestos; 2) Any substance, material or waste defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act(42 U.S.C. Section 6901, et. seq.); 3) Any substance, material or waste defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601, et. seq.); 4)Any substance, material or waste defined as a "regulated substance" pursuant to Subchapter IX of the Solid Waste Disposal Act(42 U.S.C. Section 6991, et. seq.); and 5) Any substance, material or waste which is reasonably considered by the City to pose an actual or potential threat to persons or property in, around, or on the Premises. B. Lessee shall comply with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances, materials, or waste on or near the Premises without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous substance or regulated substance has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property upon the Premises or the Airport, Lessee must immediately notify by oral report in person or by telephone, to be promptly confirmed in writing, the Aviation Director as required by Page 7 of 16 law or regulation. Lessee must cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or threat of release of a hazardous or regulated substance into the drainage system, soil, ground or surface water, waters, or atmosphere in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. D. Lessee shall keep a readily accessible file of Materials Safety Data Sheets ("MSDS") for each hazardous material or substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance or material on the Premises. Lessee will require any operator of the facilities on the Premises to use best efforts to determine which hazardous substance or material was accidentally discharged and ensure that the MSDS sheet is available for the first responders to the Premises. E. Lessee will cause prompt remediation and the payment of all costs associated with any action or inaction of Lessee that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the expiration or earlier termination of this Lease. F. Lessee shall furnish to the Aviation Director, within five days of receipt by Lessee, copies of any and all notices or correspondence directed to Lessee or any other party at the Premises from any governmental entity, other entity, or person indicating a violation or possible violation of any laws, rules, or regulations including, without limitation, any law, rule, or regulation regarding hazardous materials or substances (as such term is defined in this Lease). 24. NO DEBTS. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. 25. NON-DISCRIMINATION/AFFIRMATIVE ACTION A. Nondiscrimination—General. Lessee for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination—Business Owner. This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees to include the above statements in any subsequent concession agreement or contract covered by Page 8 of 16 49 CFR Part 23 that it enters and causes those businesses to similarly include the statements in further agreements. C. Remedy for Breach. If the Lessee is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Premises, retake possession thereof, and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. Lessee shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise retained by Lessee shall provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the Premises and its improvements. 26. NOTICES. A. All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the U.S. Postal Service as certified mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service, and sent to the following address: If to City: City of Corpus Christi Aviation Director 1000 International Drive Corpus Christi, TX 78406 Phone: (361)-289-0171 If to Lessee: S & S Farms Partnership Attn: Shane Suggs Address: 2475 C.R. 69 Robstown, Texas 78380 Phone: (361)-816-8811 B. Notice deposited with the U.S. Postal Service in the manner described above will be deemed effective two business days after deposit, postage prepaid. Notice by overnight express delivery service will be deemed effective one business day after delivery to the overnight express carrier, with proof of receipt. C. Either party may notify the other, in the manner described above, of a change of address. Any such change of address must be sent within 10 days of the effective date of the change. 27. INDEMNITY. LESSEE WILL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS Page 9 of 16 OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER WHICH MAY ARISE OUT OF OR IN ANY MANNER BE CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH, THE PERFORMANCE OF THIS LEASE BY LESSEE. LESSEE SHALL, AT LESSEE'S OWN COST AND EXPENSE, INVESTIGATE ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, PAY ALL CHARGES OF ATTORNEYS, AND PAY ALL OTHER COSTS AND EXPENSES OF ANY KIND, INCLUDING EXPERT WITNESS FEES, ARISING FROM ANY SUCH LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS. 28. DEFAULT AND TERMINATION. A. If Lessee defaults in performance of any of the promises or covenants contained herein, City may terminate this Lease following written notice to Lessee of the default and a reasonable opportunity to cure. Upon the occurrence of any uncured event of default, the City may, at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specified in the notice. Once terminated, the City has the right, without further notice to Lessee, to re-enter the Premises and remove all persons therefrom without being deemed guilty in any manner of trespass and also without prejudice to any remedies against Lessee for arrears of rent or breach of covenant. B. In the event that any rent is due and unpaid under the Lease, the City may resume possession of the Premises and relet the same for the remainder of this Lease term at the best rent the City may obtain, for the account of the Lessee, who must pay any resulting deficiency; and the City will have a lien as security upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are located or were placed on the Premises, which lien is cumulative of and in addition to any statutory landlord's lien created by law. C. In the event Lessee has paid the full cash rent at the start of the Lease or any applicable annual Anniversary Date, Lessee shall have the right to harvest any existing crops that have been planted prior to the termination of the Lease. D. The failure of City or Lessee to insist on strict performance of any of the terms, covenants, or conditions of this Lease is not a waiver of any right or remedy that City or Lessee may have and is not a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter nor is deemed to be a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 29. REMOVAL OF PERSONAL PROPERTY. It is Lessee's responsibility to remove its personal property of every kind and type from the Premises prior to termination or expiration of the Lease. Lessee agrees that any personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes the City's property without any further notice, action, or process of law for disposition by the City as the City deems appropriate in the City Manager's sole discretion, without compensation to Lessee. Lessee shall also be invoiced for the City's costs to remove Lessee's personal property from the Premises after termination or expiration of the Lease, and Lessee shall pay the invoice within 30 days of receipt. 30. CONDITION OF PROPERTY UPON EXPIRATION OR TERMINATION. Lessee covenants and agrees that, upon expiration or any earlier termination of this Lease, however caused, Lessee shall quit Page 10 of 16 and surrender the Premises and perform all repairs reasonably necessary to restore the Premises to the same condition it was in at the time this Lease was entered into, reasonable wear and tear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. 31. RIGHTS OF THE CITY. A. The City reserves the right to sell, use, or lease for a governmental or public use different from the present use all or any part of the Premises at any time during the term of this Lease. Should the Premises be sold, used, or leased before expiration of this Lease and the purchaser or lessee is not willing to take the property subject to this Lease and demands immediate possession, then the Lessee agrees to vacate within 30 days following receipt of the notice to vacate. Should it become necessary for Lessee to vacate in case of a sale or lease, then, the City will pay Lessee, for the Premises or portion thereof vacated, the following amounts, to-wit: a proportionate share of the then-applicable annual Lease Payment paid, which share is determined by dividing (i) the number of days of the term remaining after vacation by Lessee by (ii) the total number of days in the term, and multiplying the resulting percentage by the annual Lease Payment amount paid by Lessee. B. The City reserves and excepts from this Lease those easements reasonably necessary for the purpose of assigning, exploring, prospecting, mining, drilling, developing, producing, saving, transporting, storing, treating, removing, and owning the reserved minerals and oil and gas in the Premises to the extent such easements are implied under Texas common law to allow access to severed estates. C. City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. D. It is understood and agreed by Lessee that the City retains sole authority to negotiate settlement of any and all claims for damage by reason of activities in connection with the operation, development, and exploration for oil, gas, and other minerals on the Premises. Lessee shall promptly notify the City of any and all damages to the Premises and/or crops growing thereon that may be occasioned by operation, development, or exploration for oil, gas, or other minerals, or that may be occasioned by any other activity during the Lease term, which Lessee observes, learns of, or has reason to be made aware of any such damage. E. The City, by and through its officials, officers, employees, and agents, has the right at all times during the Lease term to ingress and egress to the Premises for the purpose of conducting any business incident to the activities of the City and for purposes of inspection, repair, fire or police action, and enforcement of the terms of this Lease, and includes the regular and necessary operation of vehicles and equipment on the shared roadways bisecting and crossing the Premises. 32. CONDEMNATION. If the whole or a substantial part of the Premises are taken or condemned by the City, or any entity with legal authority to exercise eminent domain rights, for any public use or purpose, then and in that event, the term of this Lease shall cease and terminate from the date when possession of the part or whole so taken or condemned is required for such use or purpose. If less than a substantial part of the Premises are taken or condemned by the City and, as a result thereof, Lessee believes the ability to continue the purpose of this Lease has been eliminated, the question of a possible partial Lease Payment refund, if any, may be submitted in writing by Lessee to the City for consideration. Page 11 of 16 33. DISCLOSURE OF INTERESTS AND STATE OF TEXAS FORMS. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Lease contract. Lessee agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Lease contract. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Lessee also 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, as Lessee, 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. 34. MODIFICATIONS. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing and signed by a person authorized to sign lease agreements on behalf of each respective party. 35. COMPLIANCE WITH LAWS. A. General. Lessee covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under the Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Lessee's inaction shall not be deemed a breach of this Lease. B. Federal. Lessee shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts the U.S. Congress passes that apply to the uses and operations at the Premises. C. State. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. D. Local. Lessee shall comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. 36. RELATIONSHIP OF THE 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. 37. GENERAL PROVISIONS. A. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises in which it holds an interest and reserves the right to conduct or provide for testing and removal of any such City-owned water, gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive City's or Lessee's right thereafter to declare a forfeiture for like or other or succeeding breach or default. Page 12 of 16 C. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations under this Lease by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God to include severe inclement weather and sustained periods of rain or snow, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform and claiming the force majeure. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Lessee pursuant to this Lease and the obligation of City to deliver the Premises. D. Rules and Regulations. Lessor has adopted minimum operational standards ("Minimum Standards") and rules and regulations ("Rules and Regulations"), which shall govern Lessee in the use of the Premises and all common facilities, a copy of each of which has been furnished to the Lessee and are incorporated herein by reference. Lessee agrees to comply fully at all times with these governing documents. Lessor, in its sole discretion, shall have the right to amend, modify, and alter these Minimum Standards and Rules and Regulations from time to time in a reasonable manner and may introduce other regulations as deemed necessary for the purpose of assuring the safety, welfare, convenience, and protection of property of Lessor, Lessee, and all other tenants and customers of the Airport; provided, however, that Lessor shall give Lessee reasonable advance notice of any such amendments, modifications, or alternations of the Minimum Standards and Rules and Regulations. E. Venue. Venue for any action brought under this Lease lies in Nueces County, Texas, where the Lease was executed and will be performed. F. No Third Party Benefit. No provision of this Lease creates a third party claim against the City or the Lessee beyond that which may legally exist in the absence of any such provision. G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay all charges, fees, and taxes including, but not limited to, all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Internal Revenue Circular E "Employer's Tax Guide," Publication 15, as it may be amended, and give all notices and respond to all communications that are necessary and incident to the due and lawful conduct of business at and occupancy of the Premises by Lessee. Lessee must provide proof of payment of any tax within 10 days after the City Manager's written request for the same. H. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable, sealed fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit the piling of boxes, barrels, or other similar items in or within view from a public area; and must pay, or cause to be paid, the costs associated with trash removal and disposal. I. Delegation. Any obligations of the Lessee required by this Lease may be delegated to any approved sublessee by the terms of the sublease agreement between the parties, provided, however, that any such delegation shall not relieve Lessee of its liability, responsibilities, and obligations under this Lease. J. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. Page 13 of 16 38. SEVERABILITY. 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. 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. 39. BINDING AGREEMENT. It is mutually understood and agreed that the covenants, conditions, and provisions contained in this Lease to be performed by the respective parties are binding on the parties and their respective successors, assigns, and heirs. 40. ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached hereto constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's use of the Premises. Executed in triplicate by the parties. By Lessee's execution below, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager or designee. [SIGNATURE PAGE TO FOLLOW) Page 14 of 16 LESSOR: CITY OF CORPUS CHRISTI ATTEST: Sylvia Carrillo Rebecca Huerta Assistant City Manager City Secretary APPROVED AS TO LEGAL FORM: 120—. MILES RISLEY, CITY ATTORNEY Assistant City Attorney LESSEE: Scott Ordner, Partner Date Shane Suggs, Partner Date Nova Ordner, Partner Date Lisa Suggs, Partner Date THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of , 2018, by Scott Ordner. Notary Public Page 15 of 16 THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Shane Suggs. Notary Public THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Nova Ordner. Notary Public THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Lisa Suggs. Notary Public Attached and Incorporated by Reference: Attachment A- Scope of Lease Attachment B- Map of Premises Attachment C - Insurance Requirements Incorporated by Reference Only: Exhibit 1: RFP No. 1507 Exhibit 2: Lessee's Submitted Proposal Page 16 of 16 Attachment A Scope of Lease 1.1. General Requirements The Corpus Christi International Airport (CCIA) possess agricultural and grazing land, which is located at 1000 International Drive, Corpus Christi, Texas. A significant portion of land remains unimproved and available for agricultural and grazing use. 1.2. Scope of Lease The Corpus Christi International Airport possess 1 ,31 1 .54 acres of land on airport property, which is available for lease. Out of 1 ,31 1 .54 acres, approximately 1 ,282.81 acres is available for agricultural and approximately 28.73 is available for cattle grazing. Parcel description shown in Exhibit A, Drainage ditch layout shown in Exhibit B, and Airport Operating Area(AOA) shown in Exhibit C. A.Farm land The Farm Land is divided between two parcels. 1 . Parcel 1 The first parcel as shown in Exhibit A is approximately 692.35 acres of land and all acres of land are within the boundaries of the Airport security fence and will require security backgrounds checks, airport badges and training in accordance with TSA rules and regulations to access. The first parcel of land will also require the lessee to undergo airport driver training in accordance with Federal Aviation Administration rules and regulations. 2. Parcel 2 The second parcel as shown in Exhibit A is approximately 590.46 acres of land and all the acres are outside the boundaries of Airport security fence. B. Farm Land Lease Restriction 1 . No crops shall be allowed along the side of runway 13-31 closer than 530' from the runway centerline 2. No crops shall be allowed along the side of runway 18-36 closer than 530' from the runway centerline. 3. No crops shall be allowed in the runway approach areas closer than 1000' from the runway end. 4. No crops shall be allowed within 130' of the taxiway centerline. 5. Crops shall not be planted closer than 10 feet from the perimeter fence, access roads, and drainage ditches. 6. Crops shall not block the line of sight between runways (mid-point to mid-point) 7. Aerial application of oil based product of any kind is prohibited. Automated Weather Observation System(AWOS) sensors subject to contamination RFP Template 09.13.17 Page 1 of 2 8. All equipment and hay bales must be moved back adjacent to the nearest perimeter road at the end of each work day. 9. Cotton, Corn and Wheat are acceptable crops subject to harvesting prior to Bird migration season. Bird Migration season generally runs from Mid-February through May and early September through December. C.Grazing Land - Parcel 3 The grazing land as shown in Exhibit A is available for lease is approximately 28.73 acres; and is outside the boundaries of the Airport security fence. RFP Template 09.13.17 Page 2 of 2 CORPUS CHRISTI INTERNATIONAL AIRPORT _ Attachment B _ _ _ -_ iivn5.rvGiiWAx N t°LAN=51 u�+oma••__ r'— Exhibit A AIRPORT SECURITY PERIMETER FENCE Map of Premises PARCEL No.i i 354 692.35 ACRES(Airport Inside Securely Perimeter Fence) 221.65 AC ¢ PARCEL No.2 590.46 ACRES(Airport Outside Security Perimeter Fence) U PARCEL No.3 �-- 1 N 28.73 ACRES(Airport Outside S—rity Perimeter Fence) NOTE: $ y 267.41 AC A 10 Feet WIDE SECTION ALONG CCIA PERIMETER ROAD,DRAINAGE SYSTEM,AND AOA FENCE SHALL BE CLEARED FROM FARMING ACTIVITIES AND MAINTAINED TO PROVIDE ACCESS FOR CCIA PERSONNEL L - AND EQUIPMENT. 91.65 AC 28.73 AC A 1 212.84 AC c oar AC ..'17797AE - 71.64 AGI �c�r tri CC nrPARTulFNTOFAVIATION EXHIBIT A FS _ PARCELS No,1,2&3 oMs CORPUS CHRISTI ���"`��"' _ Page f of INTERNATIONAL AIRPORT 2018 Iml Attachment B Exhibit B Map of Premises: Drainage Ditch Layout tp1, y I BOOM 7501511p W4 II ,5 717 2W u�rss 24" ,1615 ,. 111l1 M �11� NAM y� 71YR1, �T� lowp ' a ro661r510 25.TU Iwo ZOW OITU SE 115471 ` , IQAA7G - 161p1474Yl4 Orf 700a5Ma � � f mom mom i j 211142 ??6tM I]fPl6 236112 + 7oCt4b3p i lM112 �I ?20K W F3 O min 2XM in flit 1*711 t16it5 I1E10 X5161, 1!11!4 —_ 2KOU11 , NMI, 111151 \4y EXISTING DRAINAGE DITCH Layout (With Unfarmed Setback Areas) Area=366,80 acres RFP Template 09.13.17 Page 2 of 3 . . . , . . . . . ■ . . . | . . . . @ . w awl « y - m . m _ .. . ,� \ AIA 64 / / \ • — �\< � � e� � \ , . � � . . . , . - ■- -..- . Attachment C Insurance Requirements 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 subcontractor, 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 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. Broad Form Property Damage 7. Personal Injury RFP Template 09.13.17 Page 1 of 3 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; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and RFP Template 09.13.17 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. 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. Grazing and Farm Land Lease Insurance Requirements 01/18/2018 sw Risk Management RFP Template 09.13.17 Page 3 of 3 GRAZING LEASE AGREEMENT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This grazing lease agreement("Lease") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), and S & S Farms Partnership ("Lessee"), a Texas general partnership, in consideration of the mutual covenants contained in this Lease. 1. PREMISES. The City leases to Lessee 28.73 acres (the "Premises"), more particularly described as portions of ASSESSORS MAP 149 199.586 ACS OUT OF TR 6 and KELLY MARGARET LAND 15.901 ACS OUT TR 2, located near Kelly Ditch and FM 763, as shown as Parcel No. 3 in the map referenced as "Attachment B", which is attached to this Lease and incorporated by reference in this Lease as if it were set out here in its entirety. The Premises is limited to the description provided in and the restrictions shown in "Attachment A," which is attached to this Lease and incorporated by reference in this Lease as if it were set out here in its entirety. 2. PURPOSE. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize the Premises for the grazing of cattle and for no other purpose. The use of the Premises shall be limited as laid out in this Lease and as shown in Attachment A. The Lessee shall use the Premises in accordance with "Exhibit 1," the Request for Proposals (RFP) No. 1507 and "Exhibit 2," the Lessee's submitted proposal, which exhibits are incorporated by reference in this Lease as if set out here in their entirety. 3. LEASE TERM. This Lease is for a five-year term beginning October 1St, 2018, and ending at midnight on September 30th, 2023, subject to prior termination as set out in this Lease. For annual lease payment purposes, October 1 of every succeeding calendar year following the execution of this Lease is deemed the anniversary date of the Lease ("Anniversary Date"). The Lease may be renewed for one additional three-year term upon agreement of the Parties. If the Lease is renewed, the Lease Payment, as defined below, will be adjusted upward by the percentage change in the Consumer Price Index- All Urban Consumers (CPI-U) for the Houston-The Wood lands-Sugarland, TX area- All Items, during the one-year period immediately preceding the most recent available information at the time of such renewal, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or of any revised or successor index hereafter published by the Bureau of Labor Statistics. 4. LEASE PAYMENT. A. Upon Lessee's execution of this Lease and the City Council's approval, Lessee must pay the City an annual lease payment of $1005.55 which is based on 35 per acre x 28.73 acres ("Lease Payment'). Any one-time bonus payment that was included in a bid by Lessee and accepted as consideration for this Lease must also be remitted with the initial Lease Payment. The Lease Payment is due at the beginning of the Lease and on or before each Anniversary Date. B. The Lease Payment must be delivered or mailed to: City of Corpus Christi Department of Aviation A/R 1000 International Drive Corpus Christi, Texas 78406 C. Lease Payments are not refundable if this Lease is terminated prior to completion of its full five-year term. D. In the event Lessee holds over beyond the expiration of the term herein provided with the consent, express or implied, of the City, any such holdover is a tenancy at sufferance and such holdover period will only be from month-to-month and subject to the conditions of this Lease. Lessee acknowledges and agrees in advance that any such holdover does not constitute a renewal or extension of this Lease, and any holdover period is subject to Lessee's payment of a monthly rental amount equal to 1/12 of the last annual Lease Payment. Any holdover may be terminated at any time by the City or Lessee by giving 30 days prior written notice to the other party. 5. ACCEPTANCE OF PREMISES DISCLAIMER. A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT, UPON LESSEE'S REQUEST PRIOR TO THE EXECUTION OF THIS LEASE, LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS, IF ANY, EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE OF THIS LEASE ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT TO SUCH STRUCTURES AND IMPROVEMENTS. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON LESSEE'S EXAMINATION OF THE SAME. D. THE CITY, HAVING FEE SIMPLE RIGHTS TO THIS LAND, DOES NOT WARRANT ITS TITLE TO THE PREMISES AND DOES NOT GUARANTEE LESSEE'S QUIET POSSESSION OF SAME. LESSEE ACKNOWLEDGES AND IS AWARE THAT THE PREMISES IS CONTAINED WITHIN A LARGER AREA OF LAND OWNED BY THE CITY AND CURRENTLY USED FOR ACTIVE AIRPORT OPERATIONS AND RELATED PURPOSES. THIS LEASE AND THE RIGHTS AND PRIVILEGES GRANTED LESSEE IN AND TO THE PREMISES ARE SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, AND EXCEPTIONS OF RECORD OR APPARENT. LESSEE ACKNOWLEDGES THAT LESSOR DOES NOT OWN ALL MINERAL AND GAS RIGHTS TO THE PREMISES, AND LESSEE IS SUBJECT TO ANY EXPLORATORY AND PRODUCTION RIGHTS OF THE MINERAL OWNERS AND WHICH COULD PRODUCE DAMAGES TO LESSEE'S LEASEHOLD. NOTHING CONTAINED IN THIS LEASE MAY BE CONSTRUED TO IMPLY THE CONVEYANCE TO LESSEE OF RIGHTS IN THE PREMISES THAT EXCEED THOSE OWNED BY THE CITY. E. THE PROVISIONS OF THIS SECTION 5 SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 6. USE AND MAINTENANCE. Page 2 of 17 A. Lessee must use the Premises for the purposes of grazing cattle limited to the number of heads of cattle allowed per acre as established by the Texas Agricultural Extension Service, and for no other purpose without the express written consent of the City's Director of Aviation or designee ("Aviation Director"). Lessee may not construct any improvements on the Premises, except for fencing as required herein for containing cattle to be grazed on the Premises. Lessee may not use the Premises for storage of equipment or supplies. Lessee is permitted to place on the property any above-ground stock tanks for watering livestock and any feed bins necessary for grazing purposes so long as any tanks and bins are removed from the Premises upon the expiration or earlier termination of this Lease. Any such tanks and bins placed on the Premises remain the personal property of the Lessee at all times. No other personal property of Lessee may be placed or permitted to remain on the Premises without sufficient identification of the personal property and the prior written consent of the Contract Administrator. B. Lessee must, at his sole expense, construct if necessary and maintain a fence for the purpose of containing all cattle to be grazed on the Premises. Lessee agrees that at all times, cattle must be secured within the fenced area and not allowed to graze or wander outside the fenced area of the Premises, identified on the attached Attachment B. Upon discovery or notification of cattle that are not within the fenced area of the Premises, Lessee must immediately re-secure all cattle within the fenced area of the Premises at Lessee's own expense. The City retains the right to timely re-secure any cattle that are not within the fenced area of the Premises, as stated herein, and Lessee agrees to reimburse the City for its associated cost thereof plus 15% of said associated cost within 30 days of Lessee's receipt of written demand therefor by the City. C. Without limiting the foregoing, Lessee specifically agrees: 1) Chemical Notification. The use of all agricultural chemicals, fertilizers, and pesticides will be in a lawful, safe, and a prudent manner. The Aviation Director will determine and approve the time and place any aerial or ground chemicals, fertilizers, and pesticides will be used due to the proximity of the airport and its employees and the public. Under normal circumstances, the notice of intent to use agricultural chemicals, fertilizers and pesticides must be provided in writing no less than five business days prior to use and addressed to: City of Corpus Christi Director of Aviation 1000 International Drive Corpus Christi, TX 78406 Fax: (361)-826-4533 2) Growth Control. Lessee will prevent the growth of and keep the Premises (including cultivated fields, turn rows, ditches, fence rows, and lands adjacent to the Premises) free from Johnson grass, Bermuda grass, cockleburs, burdock plants, and other noxious weeds and undesirable vegetation, and keep the cultivated portion of the Premises free from all sprouts and stumps. 7. REQUIRED MODIFICATION OR AMENDMENT OF LEASE. If the FAA or its successor requires modifications or amendments to this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the modifications or amendments to this Lease as may be reasonably required for the City to obtain the funds; provided, however, that Lessee will not be required to pay increased Lease Payments, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that is mutually satisfactory to all parties regarding any terms or conditions of this Lease affected by said required actions. Page 3 of 17 8. FEES, TAXES & UTILITIES. Lessee shall pay, if applicable to Lessee's leasehold interest and Lessee's use and business operations at the Premises, all ad valorem taxes, personal property taxes, licenses, utility fees and charges, and all other fees and taxes required to be paid during this Lease. Lessee shall pay, at its sole cost and expense, all taxes, fees, utilities, and charges on or prior to the due date. Within three business days of approval of this Lease and remittance of the initial Lease Payment, Lessee shall ensure that the water utility account and any electrical account, if electricity is available and connected at the Premises, and all other utility account(s) for the Premises are transferred and/or set up in the Lessee's name and all required deposits paid. Payment by Lessee of all utility charges must be timely paid when such charges become due and are not permitted to become delinquent at any time during the term of the Lease. 9. SUBORDINATION TO U.S. AND FAA REQUIREMENTS. This Lease is subordinate to the provisions of any existing or future agreement between the City and the government of the United States relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 9 or under Section 7 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the value of the Premises, then this Lease shall terminate immediately without any further obligation on part of City to Lessee. 10. RECORDKEEPING. Lessee will keep an accurate book of accounts regarding all business matters pertaining to the use of the Premises, and these account books must be open to inspection by the Aviation Director upon reasonable demand during the City's normal business hours. 11. INSURANCE. A. Coverages. Lessee must obtain and keep in force during the term of this Lease insurance policy or policies in the amounts and with the types of insurance coverages set out in the attached "Attachment C," which exhibit is incorporated by reference as if fully set out here in its entirety. B. Failure of Lessee. Failure of Lessee to procure and maintain in force the required insurance coverages constitutes a material breach of the Lease upon which the City may immediately terminate this Lease if Lessee does not furnish proof of the required insurance coverages to the City within 10 days of written notice to Lessee. C. Insurance Coverage Adjustments. The types and amounts of insurance coverage specified in the Lease is subject to adjustment by the City's Risk Manager on the Anniversary Date of the Lease. Notice of any such required adjustment(s) will be provided to Lessee not less than 30 days prior to the Anniversary Date. 12. FINANCING. The City recognizes that Lessee may borrow funds for grazing purposes, or for other purposes, secured by a first lien security interest in Lessee's leasehold estate in the Premises. The fee simple estate of City in the surface estate, burdened by Lessee's leasehold estate, must not be subject to any liens, and any security lien instrument to which Lessee is a party must contain the following language, or other similar language approved in advance by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Lessee created under that certain Lease effective on October 1, 2018, by and between the City of Corpus Christi and Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi. In the event of any foreclosure by any lender of a lien or liens on the Lessee's leasehold estate in the Premises or Lessee's improvements, if any, such lender or other Page 4 of 17 purchaser at foreclosure, its successors and assigns, will succeed to all rights, privileges, and duties of Lessee including, without limitation, the duty to pay rent." 13. DAMAGE TO CITY OR FRANCHISEE IMPROVEMENTS. Lessee must pay for all damages to any City or franchisee utility lines and equipment located on the Premises caused by Lessee's grazing operations and must replace all lines or equipment injured or destroyed as a result of Lessee's grazing operations. If damage occurs to any gas, storm, wastewater, or water line ("City Improvements"), or to any City equipment located on the Premises, the City's representative will determine the extent of damage and amount of repairs and/or replacement needed to the City Improvements, and, as determined by the City's representative, a City gas, storm, wastewater, or water division crew will be brought in and immediately allowed to make all necessary repairs and/or replacements. For purposes of calculating time, a half-day of four hours or more constitutes a whole working day; any work time in excess of eight hours a day or which occurs on a Saturday, Sunday, or a holiday will be calculated at a daily rate of $53.77 an hour. An additional fee will be due for the cost of a City inspector at a daily rate of$286.80 for any portion of a day spent inspecting construction, maintenance, repair, replacement, or relocation of said utility lines and equipment pursuant to this paragraph. A franchisee whose franchisee improvements are damaged will follow the same process as set out for damage to City Improvements. All costs incurred by City (including labor and materials) associated with the repairs and/or replacement of the lines and equipment must be paid by Lessee. 14. ASSIGNMENT AND SUBLEASING. Lessee shall not at anytime, without the express prior written consent of the City Manager, assign, sublease, or transfer, or permit or participate in any assignment, sublease, or transfer, of this Lease or any of the rights, powers, or privileges granted under this Lease. Consent to an assignment or sublease shall not be unreasonably withheld by City. In the event of an approved assignment or sublease, Lessee shall notify any assignee or sublessee that they shall be liable under all terms, conditions, and obligations of this Lease. Lessee further acknowledges and agrees that, notwithstanding any approved assignment or sublease, Lessee shall also remain liable under all terms, conditions, and obligations of the Lease unless released in writing by the City Manager. 15. HUNTING. This Lease does not grant Lessee any rights to hunt on the Premises, and Lessee may not hunt nor allow any other party to hunt on the Premises without the express written consent of the City Manager. 16. SECURITY. A. Lessee, its officers, employees, agents, contractors, and invitees must comply with all applicable federal and local security regulations, as the same may be amended. To the extent allowed by law, Lessee covenants to indemnify and hold harmless City, its officers, and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Lessee, its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge, or penalty is levied against the City or the Lessee. B. Each of Lessee's employees needing access to a restricted area (including the area outlined in Section 17 of this Lease) must wear a security badge while in the restricted area. Lessee will pay an issuance fee for each badge and a replacement fee for each lost security badge. The Aviation Director may also require the payment of a reasonable deposit fee for each security badge issued consistent with fees charged to other tenants at the Airport. Lessee must notify the Aviation Director immediately after any employee of Lessee who was issued a security badge is terminated or loses a badge. Lessee and Lessee's employees must comply with all City and federal security regulations and requirements. Page 5 of 17 17. ACCESS TO AIRCRAFT OPERATING AREA. A. Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees must comply with all present and future laws, rules, regulations, and ordinances promulgated by the City, the Airport, the federal Transportation Security Administration ("TSA"), the FAA, or other governmental agencies to protect the security and integrity of the Airport's aircraft operating area ("AOA"), as shown on the attached "Attachment B", which is incorporated in this Lease as if fully set out herein. Subject to the approval of the Aviation Director, Lessee must adopt procedures to control and limit access to the AOA by Lessee and its respective contractors, suppliers of materials, furnishers of services, employees, agents, and business invitees in accordance with all present and future City, Airport, TSA, and FAA laws, rules, regulations, and ordinances. B. Lessee must pay all FAA and TSA fines associated with security breaches or infractions committed by Lessee's employees, agents, contractors, suppliers, and business invitees in the AOA, regardless of whether the fine is assessed to the City or the Airport, as set out in the City Code of Ordinances, Sec. 9-31. C. Lessee agrees to indemnify, hold harmless, and defend the City, its officers, employees, agents, and representatives against the risk of legal liability for death, injury, or damage to persons or property, direct or consequential, arising from entry of persons into the AOA where permitted, allowed, or otherwise made possible by Lessee, its employees, contractors, suppliers of materials, furnishers of services, business invitees, agents, or any other person under the direction of Lessee in violation of City, Airport, TSA, and FAA laws, rules, regulations, or ordinances or Lessee's approved procedures for controlling access to the AOA. D. Lessee will have access to the Premises, subject to compliance with all applicable Airport, TSA, and FAA security procedures. Movement of all persons in the AOA and Premises must be cleared in accordance with Airport, TSA, and FAA rules and regulations. Lessee is primarily responsible for opening and closing any security gates and doors permitting access between the Premises and the AOA. E. No vehicles owned or operated by Lessee may operate within the movement or non-movement areas of the AOA except those in compliance with Airport, TSA, and FAA rules and regulations. 18. OPERATION WITHIN AIRPORT CERTIFICATION. Lessee must comply with all rules that are applicable to its operations at the Airport under the Airport Certification Rules of the Federal Aviation Regulations ("FAR"), Part 139, as amended [14 CFR Part 139, as amended]. 19. FEDERAL CODE REQUIREMENTS FOR EQUIPMENT USE. Lessee covenants to comply with the notification and review requirements set out in the FAR, Part 77, as amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its operation that requires notification as outlined in this regulation. 20. CONTROL OF STRUCTURES AND EQUIPMENT. Lessee shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and the City as a height limitation on said structure, antenna, building, or object. The City may enter the Premises and remove the encroaching structure, antenna, building, or object without notice and at Lessee's expense plus an additional administrative charge of fifteen percent (15%). Page 6 of 17 21. AERIAL APPROACHES. The Aviation Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. 22. RIGHT OF OVERFLIGHT. The City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace noise as may be inherent in the operation of aircraft now known or hereafter used for navigation thereof or flight in the air, and using the airspace for landing at or taking off from, or operating on, the Airport. 23. HAZARDOUS SUBSTANCES. A. For the purposes of this Lease, "hazardous substance or material" means and refers to one or more of the following: 1) Asbestos; 2) Any substance, material or waste defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act(42 U.S.C. Section 6901, et. seq.); 3) Any substance, material or waste defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act(42 U.S.C. Section 9601, et. seq.); 4) Any substance, material or waste defined as a"regulated substance" pursuant to Subchapter IX of the Solid Waste Disposal Act (42 U.S.C. Section 6991, et. seq.); and 5) Any substance, material or waste which is reasonably considered by the City to pose an actual or potential threat to persons or property in, around, or on the Premises. B. Lessee shall comply with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances, materials, or waste on or near the Premises without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous substance or regulated substance has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property upon the Premises or the Airport, Lessee must immediately notify by oral report in person or by telephone, to be promptly confirmed in writing, the Aviation Director as required by law or regulation. Lessee must cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or threat of release of a hazardous or regulated substance into the drainage system, soil, ground or surface water, waters, or atmosphere in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. Page 7 of 17 D. Lessee shall keep a readily accessible file of Materials Safety Data Sheets ("MSDS") for each hazardous material or substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance or material on the Premises. Lessee will require any operator of the facilities on the Premises to use best efforts to determine which hazardous substance or material was accidentally discharged and ensure that the MSDS sheet is available for the first responders to the Premises. E. Lessee will cause prompt remediation and the payment of all costs associated with any action or inaction of Lessee that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the expiration or earlier termination of this Lease. F. Lessee shall furnish to the Aviation Director, within five days of receipt by Lessee, copies of any and all notices or correspondence directed to Lessee or any other party at the Premises from any governmental entity, other entity, or person indicating a violation or possible violation of any laws, rules, or regulations including, without limitation, any law, rule, or regulation regarding hazardous materials or substances (as such term is defined in this Lease). 24. NO DEBTS. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. 25. NON-DISCRIMINATION/AFFIRMATIVE ACTION A. Nondiscrimination—General. Lessee for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination—Business Owner. This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR Part 23 that it enters and causes those businesses to similarly include the statements in further agreements. C. Remedy for Breach. If the Lessee is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Page 8 of 17 Premises, retake possession thereof, and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. Lessee shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise retained by Lessee shall provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E. Lessee, at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the Premises and its improvements. 26. NOTICES. A. All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the U.S. Postal Service as certified mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service, and sent to the following address: If to City: City of Corpus Christi Aviation Director 1000 International Drive Corpus Christi, TX 78406 Phone: (361)-289-0171 If to Lessee: S & S Farms Partnership Attn: Shane Suggs Address: 2475 C.R.69 Robstown, Texas 78380 Phone: (361)-816-8811 B. Notice deposited with the U.S. Postal Service in the manner described above will be deemed effective two business days after deposit, postage prepaid. Notice by overnight express delivery service will be deemed effective one business day after delivery to the overnight express carrier, with proof of receipt. C. Either party may notify the other, in the manner described above, of a change of address. Any such change of address must be sent within 10 days of the effective date of the change. 27. INDEMNITY. LESSEE WILL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANYAND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER WHICH MAY ARISE OUT OF OR IN ANY MANNER BE CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH, THE PERFORMANCE OF THIS LEASE BY LESSEE. LESSEE SHALL, AT LESSEE'S OWN COST AND EXPENSE, INVESTIGATE Page 9 of 17 ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, PAY ALL CHARGES OF ATTORNEYS, AND PAY ALL OTHER COSTS AND EXPENSES OF ANY KIND, INCLUDING EXPERT WITNESS FEES, ARISING FROM ANY SUCH LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS. 28. DEFAULT AND TERMINATION. A. If Lessee defaults in performance of any of the promises or covenants contained herein, City may terminate this Lease following written notice to Lessee of the default and a reasonable opportunity to cure. Upon the occurrence of any uncured event of default, the City may, at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specified in the notice. Once terminated, the City has the right, without further notice to Lessee, to re-enter the Premises and remove all persons therefrom without being deemed guilty in any manner of trespass and also without prejudice to any remedies against Lessee for arrears of rent or breach of covenant. B. In the event that any rent is due and unpaid under the Lease, the City may resume possession of the Premises and relet the same for the remainder of this Lease term at the best rent the City may obtain, for the account of the Lessee, who must pay any resulting deficiency; and the City will have a lien as security upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are located or were placed on the Premises, which lien is cumulative of and in addition to any statutory landlord's lien created by law. C. In the event Lessee has paid the full cash rent at the start of the Lease or any applicable annual Anniversary Date, Lessee shall have the right to harvest any existing crops that have been planted prior to the termination of the Lease. D. The failure of City or Lessee to insist on strict performance of any of the terms, covenants, or conditions of this Lease is not a waiver of any right or remedy that City or Lessee may have and is not a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter nor is deemed to be a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 29. REMOVAL OF PERSONAL PROPERTY. A. Removal of Equipment. Upon termination or expiration of this Lease, Lessee must remove all permitted personal property and/or cattle from the Premises within 30 days after termination or expiration of the Lease. Any damage to the Premises caused by Lessee's removal of its property and/or cattle must be repaired by Lessee within 30 days after termination or expiration of the Lease, at Lessee's expense, and to the satisfaction of the Aviation Director. B. Notwithstanding the foregoing, if Lessee fails to remove personal property and/or cattle within 30 days from the date of termination or expiration of this Lease, then the City Manager, may at his or her option, take title to the said personal property and/or cattle and sell, lease, or salvage the same, as permitted by law. Any net expense the City Manager incurs on behalf of the City in disposing of the personal property and/or cattle must be paid by Lessee within 10 days of the City Manager's written demand thereof. The City Manager will provide Lessee with a written itemized breakdown of the costs recaptured, if any, by the sale, lease, or salvage of the property and/or cattle, and the balance due, which must be paid by Lessee upon receipt of said itemized breakdown. Page 10 of 17 30. CONDITION OF PROPERTY UPON EXPIRATION OR TERMINATION. Lessee covenants and agrees that, upon expiration or any earlier termination of this Lease, however caused, Lessee shall quit and surrender the Premises and perform all repairs reasonably necessary to restore the Premises to the same condition it was in at the time this Lease was entered into, reasonable wear and tear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. 31. RIGHTS OF THE CITY. A. The City reserves the right to sell, use, or lease for a governmental or public use different from the present use all or any part of the Premises at any time during the term of this Lease. Should the Premises be sold, used, or leased before expiration of this Lease and the purchaser or lessee is not willing to take the property subject to this Lease and demands immediate possession, then the Lessee agrees to vacate within 30 days following receipt of the notice to vacate. Should it become necessary for Lessee to vacate in case of a sale or lease, then, the City will pay Lessee, for the Premises or portion thereof vacated, the following amounts, to-wit: a proportionate share of the then-applicable annual Lease Payment paid, which share is determined by dividing (i) the number of days of the term remaining after vacation by Lessee by (ii) the total number of days in the term, and multiplying the resulting percentage by the annual Lease Payment amount paid by Lessee. B. The City reserves and excepts from this Lease those easements reasonably necessary for the purpose of assigning, exploring, prospecting, mining, drilling, developing, producing, saving, transporting, storing, treating, removing, and owning the reserved minerals and oil and gas in the Premises to the extent such easements are implied under Texas common law to allow access to severed estates. C. City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. D. It is understood and agreed by Lessee that the City retains sole authority to negotiate settlement of any and all claims for damage by reason of activities in connection with the operation, development, and exploration for oil, gas, and other minerals on the Premises. Lessee shall promptly notify the City of any and all damages to the Premises and/or crops growing thereon that may be occasioned by operation, development, or exploration for oil, gas, or other minerals, or that may be occasioned by any other activity during the Lease term, which Lessee observes, learns of, or has reason to be made aware of any such damage. E. The City, by and through its officials, officers, employees, and agents, has the right at all times during the Lease term to ingress and egress to the Premises for the purpose of conducting any business incident to the activities of the City and for purposes of inspection, repair, fire or police action, and enforcement of the terms of this Lease, and includes the regular and necessary operation of vehicles and equipment on the shared roadways bisecting and crossing the Premises. 32. CONDEMNATION. If the whole or a substantial part of the Premises are taken or condemned by the City, or any entity with legal authority to exercise eminent domain rights, for any public use or purpose, then and in that event, the term of this Lease shall cease and terminate from the date when possession of the part or whole so taken or condemned is required for such use or purpose. If less than a substantial part of the Premises are taken or condemned by the City and, as a result thereof, Lessee believes the ability to continue the purpose of this Lease has been eliminated, the question of a possible partial Lease Payment refund, if any, may be submitted in writing by Lessee to the City for consideration. Page 11 of 17 33. DISCLOSURE OF INTERESTS AND STATE OF TEXAS FORMS. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Lease contract. Lessee agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Lease contract. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Lessee also 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, as Lessee, 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. 34. MODIFICATIONS. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing and signed by a person authorized to sign lease agreements on behalf of each respective party. 35. COMPLIANCE WITH LAWS. A. General. Lessee covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under the Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Lessee's inaction shall not be deemed a breach of this Lease. B. Federal. Lessee shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts the U.S. Congress passes that apply to the uses and operations at the Premises. C. State. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. D. Local. Lessee shall comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. 36. RELATIONSHIP OF THE 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. 37. GENERAL PROVISIONS. A. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises in which it holds an interest and reserves the right to conduct or provide for testing and removal of any such City-owned water, gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive City's or Lessee's right thereafter to declare a forfeiture for like or other or succeeding breach or default. Page 12 of 17 C. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations under this Lease by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God to include severe inclement weather and sustained periods of rain or snow, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform and claiming the force majeure. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Lessee pursuant to this Lease and the obligation of City to deliver the Premises. D. Rules and Regulations. Lessor has adopted minimum operational standards ("Minimum Standards") and rules and regulations ("Rules and Regulations"), which shall govern Lessee in the use of the Premises and all common facilities, a copy of each of which has been furnished to the Lessee and are incorporated herein by reference. Lessee agrees to comply fully at all times with these governing documents. Lessor, in its sole discretion, shall have the right to amend, modify, and alter these Minimum Standards and Rules and Regulations from time to time in a reasonable manner and may introduce other regulations as deemed necessary for the purpose of assuring the safety, welfare, convenience, and protection of property of Lessor, Lessee, and all other tenants and customers of the Airport; provided, however, that Lessor shall give Lessee reasonable advance notice of any such amendments, modifications, or alternations of the Minimum Standards and Rules and Regulations. E. Venue. Venue for any action brought under this Lease lies in Nueces County, Texas, where the Lease was executed and will be performed. F. No Third-Party Benefit. No provision of this Lease creates a third-party claim against the City or the Lessee beyond that which may legally exist in the absence of any such provision. G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay all charges, fees, and taxes including, but not limited to, all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Internal Revenue Circular E "Employer's Tax Guide," Publication 15, as it may be amended, and give all notices and respond to all communications that are necessary and incident to the due and lawful conduct of business at and occupancy of the Premises by Lessee. Lessee must provide proof of payment of any tax within 10 days after the City Manager's written request for the same. H. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable, sealed fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit the piling of boxes, barrels, or other similar items in or within view from a public area; and must pay, or cause to be paid, the costs associated with trash removal and disposal. I. Delegation. Any obligations of the Lessee required by this Lease may be delegated to any approved sublessee by the terms of the sublease agreement between the parties, provided, however, that any such delegation shall not relieve Lessee of its liability, responsibilities, and obligations under this Lease. J. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. K. Livestock Identification. Livestock must be tagged with identification ear tags or other recognized tagging method so that owner and individual animal may be determined. Page 13 of 17 L. Animal Health. Lessee shall comply with all federal, state and local animal health laws, and regulations with respect to livestock grazing on the Premises. Any livestock that requires medical intervention must be treated by the licensed veterinarian immediately. Lessee will be contacted once injured or ill livestock is discovered. If lessee does not respond within a reasonable timeframe in relation to the injury the City Manager or City caretaker may contact the listed veterinarian for emergency treatment at lessee's expense. M. Removal of Dead Livestock. Lessee, at Lessee's own expense, shall immediately dispose of any dead animals in a manner satisfactory to the Aviation direction and in accordance with local ordinances. Disposal shall take place within 24 hours or sooner after notification of Lessee. N. Animal Aggressiveness. Livestock shall not be overly aggressive as to pose a risk towards neighbors and visiting city officials.Any such livestock must be removed immediately from premises once aggressive behavior has developed. Lessee accepts full responsibility and hold harmless the City for any injuries or damages caused by such aggressive animal. O. Escaped Livestock. Lessee is responsible for any damage caused by escaped livestock. If any livestock escapes lessee must be able to respond to within 2 hours to contain animal. After the livestock is secured lessee must take measures to ensure that the escape will not reoccur. The number of escaped livestock with livestock identification numbers, details of accident and remedial actions taken must be recorded in log book. P. Supplemental Feeding. Supplemental feeding may be allowed in any lease year provided lessee annually submits a prior written request and subsequent written permission is granted from Aviation director. Care must be taken so that Supplemental Feed does not introduce any non-native outside plants through left over seeds or rodents. 38. SEVERABILITY. 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. 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. 39. ORDER OF PRECEDENCE. In the event of any conflicts or inconsistencies between this Lease, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Lease (excluding attachments and exhibits); B. its attachments; C. RFP No. 1507 (Exhibit 1); then, the Lessee's submitted proposal (Exhibit 2). 40. BINDING AGREEMENT. It is mutually understood and agreed that the covenants, conditions, and provisions contained in this Lease to be performed by the respective parties are binding on the parties and their respective successors, assigns, and heirs. Page 14 of 17 41. ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached hereto constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's use of the Premises. Executed in triplicate by the parties. By Lessee's execution below, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager or designee. [SIGNATURE PAGE TO FOLLOW] Page 15 of 17 LESSOR: CITY OF CORPUS CHRISTI ATTEST: Sylvia Carrillo Rebecca Huerta Assistant City Manager City Secretary APPROVED AS TO LEGAL FORM: 120 . MILES RISLEY, CITY ATTORNEY Assistant City Attorney LESSEE: Scott Ordner, Partner Date Shane Suggs, Partner Date Nova Ordner, Partner Date Lisa Suggs, Partner Date THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of , 2018, by Scott Ordner. Notary Public Page 16 of 17 THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Shane Suggs. Notary Public THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Nova Ordner. Notary Public THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on day of 2018, by Lisa Suggs. Notary Public Attached and Incorporated by Reference: Attachment A—Scope of Lease Attachment B- Map of Premises Attachment C- Insurance Requirements Incorporated by Reference Only: Exhibit 1: RFP No. 1507 Exhibit 2: Lessee's Submitted Proposal Page 17 of 17 Attachment A Scope of Lease 1.1. General Requirements The Corpus Christi International Airport (CCIA) possess agricultural and grazing land, which is located at 1000 International Drive, Corpus Christi, Texas. A significant portion of land remains unimproved and available for agricultural and grazing use. 1.2. Scope of Lease The Corpus Christi International Airport possess 1 ,31 1 .54 acres of land on airport property, which is available for lease. Out of 1 ,31 1 .54 acres, approximately 1 ,282.81 acres is available for agricultural and approximately 28.73 is available for cattle grazing. Parcel description shown in Exhibit A, Drainage ditch layout shown in Exhibit B, and Airport Operating Area(AOA) shown in Exhibit C. A.Farm land The Farm Land is divided between two parcels. 1 . Parcel 1 The first parcel as shown in Exhibit A is approximately 692.35 acres of land and all acres of land are within the boundaries of the Airport security fence and will require security backgrounds checks, airport badges and training in accordance with TSA rules and regulations to access. The first parcel of land will also require the lessee to undergo airport driver training in accordance with Federal Aviation Administration rules and regulations. 2. Parcel 2 The second parcel as shown in Exhibit A is approximately 590.46 acres of land and all the acres are outside the boundaries of Airport security fence. B. Farm Land Lease Restriction 1 . No crops shall be allowed along the side of runway 13-31 closer than 530' from the runway centerline 2. No crops shall be allowed along the side of runway 18-36 closer than 530' from the runway centerline. 3. No crops shall be allowed in the runway approach areas closer than 1000' from the runway end. 4. No crops shall be allowed within 130' of the taxiway centerline. 5. Crops shall not be planted closer than 10 feet from the perimeter fence, access roads, and drainage ditches. 6. Crops shall not block the line of sight between runways (mid-point to mid-point) 7. Aerial application of oil based product of any kind is prohibited. Automated Weather Observation System(AWOS) sensors subject to contamination RFP Template 09.13.17 Page 1 of 2 8. All equipment and hay bales must be moved back adjacent to the nearest perimeter road at the end of each work day. 9. Cotton, Corn and Wheat are acceptable crops subject to harvesting prior to Bird migration season. Bird Migration season generally runs from Mid-February through May and early September through December. C.Grazing Land - Parcel 3 The grazing land as shown in Exhibit A is available for lease is approximately 28.73 acres; and is outside the boundaries of the Airport security fence. RFP Template 09.13.17 Page 2 of 2 CORPUS CHRISTI INTERNATIONAL AIRPORT _ Attachment B _ _ _ -_ iivn5.rvGiiWAx N t°LAN=51 u�+oma••__ r'— Exhibit A AIRPORT SECURITY PERIMETER FENCE Map of Premises PARCEL No.i i 354692.35 ACRES(Airport Inside Securely Perimeter Fence) 221.65 AC ¢ PARCEL No.2 590.46 ACRES(Airport Outside Security Perimeter Fence) U PARCEL No.3 �-- 1 N 28.73 ACRES(Airport Outside S—rity Perimeter Fence) NOTE: $ y 267.41 AC A 10 Feet WIDE SECTION ALONG CCIA PERIMETER ROAD,DRAINAGE SYSTEM,AND AOA FENCE SHALL BE CLEARED FROM FARMING ACTIVITIES AND MAINTAINED TO PROVIDE ACCESS FOR CCIA PERSONNEL L - AND EQUIPMENT. 91.65 AC 28.73 AC A 1 212.84 AC c oar AC ..'17797AE - 71.64 AGI �c�r tri CC nrPARTulFNTOFAVIATION EXHIBIT A FS _ PARCELS No,1,2&3 oo a_oMs CORPUS CHRISTI n��xa.«n Page 1 of INTERNATIONAL AIRPORT 2018 rori Attachment B Exhibit B Map of Premises: Drainage Ditch Layout BOOM xo151111 0141I 717 2W u�rss 24" 16 MW ism ' 111l1151G11� 4 NAM y� NMI T low\P ' a �5.nsi1 II Iwo ,ate sou p OITU SE 115471 ` , IQAA7G - 1[f71474Yl4 Orf 700a5Ma � � f '� 151 -. --OW _-- -- i j 211142 + 7oCt4b3p i r1OMW min Min 61115 in 1�1t t11it5 a 010 WN MIN NMI, MIN EXISTING DRAINAGE DITCH Layout (With Unfarmed Setback Areas) Area=366,80 acres RFP Template 09.13.17 Page 2 of 3 rolmMOUNT' go ,It . r �. AIA Y - 0 s � :. r , Y 1 Attachment C Insurance Requirements 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 subcontractor, 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 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. Broad Form Property Damage 7. Personal Injury RFP Template 09.13.17 Page 1 of 3 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; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and RFP Template 09.13.17 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. 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. Grazing and Farm Land Lease Insurance Requirements 01/18/2018 sw Risk Management RFP Template 09.13.17 Page 3 of 3 se GO O� A. v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 26, 2018 NCOR PORAL Q 1852 Second Reading Ordinance for the City Council Meeting of July 17, 2018 DATE: June 26, 2018 TO: Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation Fred S(c�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a)..cctexas.com (361) 826-3169 Appropriating $216,672 from the Unreserved Fund Balance for a Three-Year Service Agreement for the purchase and installation of Public-Address System for Corpus Christi International Airport CAPTION: Ordinance appropriating $216,672 from the Unreserved Fund Balance in the Airport Fund; amending the operating budget; and approving a three-year service agreement for the purchase and installation of a public-address system from Ford Audio-Video System LLC of Austin, Texas, via BuyBoard Cooperative, for an amount not to exceed $216,672. PURPOSE: This item will provide an upgrade to an existing Public-Address System. BACKGROUND AND FINDINGS: The system has three primary functions; public information, security, and life safety. The system utilizes technology and software to coordinate the dissemination of audio and visual information and messaging in the terminal building. It provides a clear sequential way for communication to occur automatically as well as allowing the end user to customize the message. The upgraded system will also integrate with the flight information displays through the terminal to provide information with those who are audio impaired. This mass communications system meets the required messaging mandated by TSA, and for active shooter events which is essential to life safety. The message can be customized in select zones to aid first responders. The current system, due to its age is no longer supported and does not meet the needs of the tenants or provide timely information to passengers. The current system was installed in 2001 when the new terminal was built. Several of the key functions are no longer working or not functioning. Staff recommends utilizing BuyBoard pricing with IED Systems to replace the current system with a digital Windows based platform. By utilizing the same manufacturer, some infrastructure components in place can be utilized at a cost savings. Utilizing the same manufacturer cuts down on training for end users and our IT staff thus reducing costs. 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: Aviation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $216,672 $0.00 $216,672 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $216,672 $0.00 $216,672 BALANCE $0.00 $0.00 $0.00 Fund(s): Airport Comments: The contract total is for an amount not to exceed of $216,672 of which $196,975 is for the public-address system and 10% Contingency of $19,697 for possible unforeseen expenses. CCIA will need to purchase required software license every year after the completion of third year. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Service Agreement Pricing Sheet City of Corpus Christi Price Sheet Purchasing Division Public Address System- BuyBoard Buyer:Japan Shah Contract No 563-18 Aviation Department Ford Audio-Video Systems LLC Corpus Christi,Texas Item Description Unit Qty Unit Price Total Price 1 Public Address System Lump Sum 1 $ 196,975.00 $ 196,975.00 2 Contigency(10%) $ 19,697.00 $ 216,672.00 Ordinance authorizing $216,672 from the Unreserved Fund Balance in the Airport Fund; amending the operating budget; and approving a three-year service agreement for the purchase and installation of a public-address system from Ford Audio-Video System LLC of Austin, Texas, via BuyBoard Cooperative, for an amount not to exceed $216,672. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $216,672 are appropriated from the Unreserved Fund Balance in the Fund 4610 Airport Fund. SECTION 2. The FY2017-18 Operating Budget adopted by Ordinance No. 031255 is amended to increase expenditures by $216,672. SECTION 3. The City Manager, or designee, is authorized to execute all documents necessary with Ford Audio-Video System LLC of Austin, Texas, to approve a 36-month Service Agreement for the purchase and installation of a public-address system for an amount not to exceed $196,975, 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 $19,697 for possible unforeseen expenses, for a total amount not to exceed $216,672. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED, this the day of ' 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor mus ar 00 � 0 �A > SERVICE AGREEMENT NO. 1636 U Public Address System for Corpus Christi International yO RPOR A xs5a Airport THIS Public Address System Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Ford Audio-Video Systems LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Public Address System 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 Public Address System ("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 $196,975, 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: John Hyland Department: Aviation Phone: 361-289-0171 xl 221 Email: John HyCcctexas.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: John Hyland Title: Airport Public Safety Chief Address: 1000 International Drive, Corpus Christi, Texas 78406 Phone: 361-289-0171 x1221 Fax: None IF TO CONTRACTOR: Ford Audio-Video Systems LLC Attn: Taft Baldwin Title: Senior Account Manager Address: 1340 Airport Commerce Drive, Suite 470, Austin, Texas 78741 Phone: 512-447-1103x2709 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 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: 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 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 gyUS G� v ATTACHMENT A: SCOPE OF WORK /hOq PORAE6 1852 SCOPE OF WORK: A. General Requirements 1 . The Contractor shall be responsible for the Design, Engineering, Fabrication, Project Management, Supply, Installation and Commissioning, and Training of the Public-Address system at Corpus Christi International Airport(CCIA). 2. Contractor shall provide labor, technician, materials, equipment and professional services to complete the project. 3. Contractor shall conduct back ground checks for all personnel before assigned to work under this agreement. Contractor may be asked to submit background reports to the Contract Administrator. Background check shall be done at the Contractor's expense. 4. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall take special measures to safeguard the area while services are being performed. Contractor shall minimize any interference to the building occupants with day to day operations. The Contractor shall be responsible for assuring the safety of its employees, Customers employees and the public during performance of all services under this agreement. 5. Contractor shall clean work site from debris or hazards after completion of work. 6. Contractor shall dispose oils, solvents, in accordance with all applicable laws, rules, regulations as to ensure the highest level of safety to the environment and public health. B. Supply and Installation Contractor shall supply and install the following systems at Corpus Christi International Airport (C C I A) . 1 . PAGING STATIONS I. Five paging stations shall be installed, one at each ticket counter located at each gate in the terminal. II. Five expansion paging stations shall be wall mounted, one at each jet way in the terminal. III. One table mount paging station shall be provided in the Security Dispatch Operations Center. Page 1 of 6 IV. One paging station shall be wall mounted in baggage claim behind the information desk. V. Six paging stations, one at each ticket counter located in the 1st level ticketing area. VI. One rack mounted paging station at the paging system head end in the CCIA furnished equipment rack. VII. Six additional network drops, one at each vacant ticket counter at the 1 st level ticketing area. VIII. Eleven Adaptor Plates 2. PAGING SYSTEM HEAD END I. One rack mounted Personal Computer(PC) in the head end CCIA rack. This PC shall provide control and balancing of the paging system. II. Rack mounted DISP.MON, 17" HD/Keyboard/KVM BP, Make: Middle Atlantic III. One redundant rack mounted power supply system in the CCIA rack head end. IV. One ambient noise processing system in the CCIA rack head end. V. Thirteen digital audio amplifiers in the CCIA rack head end. VI. Two Titan power Amp Mainframe 16Ch+Backup 120VAC. VII. One Global Com IP100 Controller with Additional 8 x8 Cobra Net Audio Channels. VIII. One Global Com Configuration Per Day. IX. One Global Com Power Supply Module (for redundancy). X. One 2- Channel Analog to Cobra Net Input Module. Decora or DIN Rail Mount. XI. One Software Configuration for 591 D Client. XII. Wire 4PR, 24AWG, CAT 6, CMP, Make: West Penn XIII. Three SWIT, 28 PORT, GIGABIT, POE, Make: Cisco XIV. Four TRAN, GIGABIT Ethernet SX Mini, Make: Cisco XV. Wire fiber MM OM3, TB, Riser MIC, Make: Corning XVI. One AV,1 RU, Closet, Conn, HSG, 2CCH, PA, Make: Corning XVII. Two Pane, Single Panel, Wall Mounted, Make: Corning XVIII. Three Pane, 12 Fiber, LC, Duplex, 6A DAPT, Make: Corning XIX. Sixteen Conn, Fiber, Unicam OM3 50UM, Make: Corning Page 2 of 6 C. Spares In the event of an issue, CCIA will use the following spares. Contractor shall leave the following spares at CCIA. I. Two ACS Mic Sta Digital Horiz Flush Mt w/Handheld and Expansion Board, II. Two ACS Mic Sta Acs Mic Sta 528 Expansion Handheld Expansion Station, III. Two Global Com 4-Button Digital Mic Sta w/Handheld Mic and Surface Backbos, IV. Two Titan Series 2x300W Power Amplifier Card (70V/1 l OAC) V. Two ACS Hand Held Mic W/Magnet VI. Sixteen Adaptor Plate 508 backbox to 528 VII. Eleven Adaptor Plate 528 backbox to 524/528 SK VIII. Five ACS Mic Sta 528SK Surface Back Box. D. Software License Renewals I. Two GCK Core Software Annual License and Maintenance Fee II. Twenty GCK Software End Point License for Cobra Net III. Forty GCK Software End Point Annual License Fee for Cobra Net-Annual License and Maintenance Fee. E. FAS I. Flight Announcement System Core Software Inc. Prizm Core Database, II. Flight Announcement System Library, English, III. Engineering Services IV. Secondary NIC for FAS data connection to IED System F. Visual Paging I. Fourteen IED Visual Display Client Software for Visual Paging and Wayfinding(Windows) Software Required Per Monitor II. Engineering Services. III. Setup and Configure System for Visual Paging G. Two IED Custom 2 IED0710 - IED Factory Training. H. CCIA Responsibility 1 . The CCIA shall have a representative available throughout the installation to make decisions concerning the installation. The purpose is to ensure that communication between the CCIA and Ford is accurate and responsive in the event of questions or problems that may arise during installation. 2. The CCIA shall clear the work areas involved in the installation of all activities during the periods of installation. Customer shall ensure that the job site is Page 3 of 6 available for Contractor, and there are no interruptions in the availability of the job site and the ability of Contractor to do the work. 3. The CCIA shall provide a facility that is prepared for the installation of electronic equipment. This includes a clean, dust free and air-conditioned environment that is secure and quiet. The CCIA is responsible for providing a secure job site and for the cost of loss or damage to audio, video, and lighting equipment delivered by Contractor to the job site. 4. Providing and preparing adequate space for the locations of equipment, speakers, speaker clusters, subwoofer cabinets, distributed under and over balcony speaker systems, stage monitor systems, equipment racks, control and mixing consoles, and equipment racks included in systems. In the event floors are sloped or not level, the CCIA is responsible for making the floor level under consoles and equipment's racks. In the event a projection is recessed in a finished ceiling, CCIA is responsible for refinishing the ceiling. 5. CCIA shall provide a clear with adequate ventilation and air conditioning that maintain a room temperature not exceeding 75 degrees Fahrenheit in all rooms that are occupied by sound/audio/video/lighting equipment racks. 6. If required, CCIA shall perform any A/C, electrical, carpentry, painting, masonry, or carpet laying work. If A/C electrical power is required to be installed or conduit systems are required to support the audio-video systems, it is the responsibility of the CCIA, to provide complete and adequate electrical power, unless otherwise noted. I. Contractor Responsibilities 1 . Contractor shall inspect the site thoroughly before commencement of work. Contractor shall inform the CCIA if any issues or requirement raised during inspection. 2. Contractor shall inform CCIA for any A/C, electrical, carpentry, painting, masonry or carpet laying work require before commencement of project. Contractor shall recommend for electrical power and conduits to be provided by the electrical contractor for audio/control system. 3. Contractor shall work with the CCIA to schedule the installation. During project commencement, if the future installation needs work and which is not in the scope of Contractor, the Contractor shall immediately inform the CCIA. Contractor shall remain proactive in nature. 4. Contractor shall remove the existing equipment that is not being reused and return it to the CCIA. Contractor shall take care while handling CCIA and shall install it according to standard industry practices. 5. If the CCIA furnished equipment is damaged or lost, while handling or installing by the contractor, the cost of new equipment shall be borne by the Contractor. 6. Contractor shall provide line drawings for systems and equipment manuals electronically at no cost to the CCIA. Page 4 of 6 7. Contractor shall install low voltage audio wiring for systems. 8. Contractor shall perform electronic testing of audio systems and tuning of studio processors. 9. Contractor shall provide as-built drawings with wire numbers and labels. J. Installation Schedule 1 . Contractor shall finish the project within 13 weeks from agreement execution. Contractor shall provide project schedule at the beginning of the project. Project schedule shall identify start date, purchase of equipment, assemble of equipment, in shop testing, onsite installation, test out, commissioning and training. 2. Due to unforeseen event, if the Contractor needs extra time to complete a project, Contractor shall submit a schedule change request detailing the reason and extension time period. 3. Contractor shall schedule its work week in advance. In the event CCIA changes the schedule or the CCIA other contractor fall behind in completing their portion of work, CCIA shall notify Contractor Project Manager. K. CCIA Furnished Equipment 1 . The CCIA may own equipment that they desire to integrate with the Contractor installation. Contractor reserves the right to accept or reject equipment provided by the CCIA. Contractor shall provide the reason for rejecting the CCIA equipment. 2. If the Contractor rejects CCIA equipment, Contractor shall provide suggestions and quote for the new equipment. CCIA shall have complete authority to compare and to buy similar equipment from other vendors. 3. Contractor shall not be responsible for the operation, performance, appearance, or effects of CCIA equipment before, during, or after its integration into the system. 4. The CCIA is responsible for installation and registration of all software on CCIA computers. Contractor will provide the CCIA with system requirements for Contractor provided software, but the CCIA is responsible for installing it on the CCIA PC's and/or CCIA Network. All software-related customer support shall be directly provided by the software manufacturer. 5. The CCIA agrees to reimburse Contractor for all work related to the service and/or troubleshooting of CCIA equipment with the provision that the CCIA authorizes Contractor to proceed with malfunction evaluation and repairs. 6. In the event that CCIA equipment does not function properly, Contractor shall notify the CCIA. The CCIA will determine if the equipment is to be a) repaired, b) an alternate unit provided by the CCIA, c) the unit is not to be used, or d) Contractor is to provide a new unit, Contractor shall provide a cost to the CCIA for the work to be done. The CCIA will authorize any additional cost to the job. Page 5 of 6 L. Preventative Maintenance 1 . Contractor shall perform one pre-scheduled service call, prior to the end of the warranty period, for conducting routine preventative maintenance(PM) to check the general operation of equipment. This PM service call shall be scheduled in advance with the CCIA, between 8:00 am to 5:00 pm Monday to Friday, excluding holidays, and does not include expendable materials used or system programming. M. Training and Documentation 1 . Contractor will host a training session near the completion of installation. Contractor shall provide a quick start guide(QSG) for each room type. One copy of a laminated document, for each room type, shall be provided to the CCIA. 2. Contractor personnel will attend the initial first use of the system and assist the CCIA operators and users in the operation of the Ford-installed system. 3. Contractor shall provide a training agenda for scheduled training. Page 6 of 6 Attachment B: Bid/Pricing Schedule f c3MADAV System Name Manufacturer Model Description QTY Cost Extended Cost WEST PENN WEST.254246 WIRE,4PR,24AWG,CAT6,CMP 8,000.00 $0.32 $2,561.00 CISCO CISC.SG35028MPK SWIT„28,PORT,GIGABIT,POE 3 $908.00 $2,724.00 CISCO CISC.MGBSXI TRAN,GIGABIT ETHERNET SX MINI- 4 $111.00 $444.00 CORNING CORN.006T813118 WIRE,FIBER MM OM3,TB,RISER MIC 1,500.00 $1.00 $1,500.00 CORNING CORN.CCH-01U AV,IRU,CLOSET,CONN,HSG,2CCH,PA 1 $269.00 $269.00 CORNING CORN.SPH-01P PANE,SINGLE PANEL,WALL MOUNTA 2 $69.00 $138.00 CORNING CORN.CCHCP12E4 PANE,I2FIBER,LC,DUPLEX,6ADAPT 3 $86.00 $258.00 CORNING CORN.95-050-99X CONN,FIBER LC UNICAM OM3 50UM 16 $16.00 $256.00 MIDDLE ATLANTIC MIDD.RMKBLCDI7K DISP.MON,17"HD/KEYBOARD/KVM 8P 1 $2,361.00 $2,361.00 IED IED.CUSTOMI IED Custom Quote#3216095015 1 $154,907.32 $154,907.32 DISCOUNT Ford AV BuyBoard Discount on IED Systems 1 -$46,472.32 -$46,472.32 IED.CUSTOM2 IED0710-IED FACTORY TRAINING(1 Trip) 2 $2,570.50 $5,141.00 DISCOUNT FORD AV BuyBoard Discount on IED Systems 2 -$857.00 -$1,714.00 FAV.MISC1 HARDWARE-CONNECTORS-SUPPLIES 1 $3,750.00 $3,750.00 BuyBoard Labor Breadown Hours Hourly Rate Extended Cost Tech.Specialist 120 $100.00 $12,000.00 Project Manager 85 $96.00 $8,160.00 Assembly 120 $53.00 $6,360.00 Installation Tech 300 $72.00 $21,600.00 Job Super 110 $81.00 $8,910.00 Travel $13,822.00 Equipment: $126,123.00 Labor: $70,852.00 Shipping: $0.00 Total: $196,975.00 This quote has been provided on the BuyBoard Contract#563-18 PROPRIETARY INFORMATION:The information contained herein is for use by parties herto and is not for distribution outside their respective companies.All material isgauranteed to beasspecified.All work shall be completed in a workmanlike manner according to standard practices.Any deviation from the above specifications involvingextra costs,will be executed upon written orders,and will become an extra charge over and above this estimate.This agreement is conti ngent upon accidents or delays beyond our control. Owner shall carry fire and other necessary insurance.Our workers are covered by Worker's Compensation insurance. THIS PROPOSAL IS VALID FOR 30 DAYS. At l as , QUOTE NUMBER: 32-1609-5015 MSRP DATE OF PRINTING: 6/5/2018 Home Office Regional Office: 10 QUOTE ORIGINATION DATE: 9701 Taylorsville Road 637 South 8th Route 31 QUOTE REVISION DATE: 6/5/2018 Louisville,Kentucky 40299 West Dundee,Illinois 60118 REQUESTED SHIP DATE: 10/3/2016 Ph(502)267-7436 Fax(502)267-9070 Ph(10)-10 Fax(815)291-7437 PRICES VALID 90 DAYS FROM: 6/5/2018 Email Purchase Orders to:ordersOiedaudio.com PROJECT: Corpus Christi CONTRACTOR: Ford Audio Video-Austin CONTACT: David Allen CITY,STATE: Corpus Christi,TX PHONE: (512)447-1103 SYSTEM:GLOBALCOM FAX: (512)447-1103 ESTIMATOR: Brad Williams REP FIRM: 108 500 ANNUAL RACK UNIT EXTENDED ITEM QTY MODELNUMBER DESCRIPTION LICENSE SPACES Power PRICE PRICE 1 HEAD END EQUIPMENT 2 1 IP108 GLOBALCOM IP100 Controllerwith Additional 8x8 CobraNet Audio Channels $8,478.75 $8,478.75 3 1 IED0730 GLOBALCOMT""Configuration Per Day $3,060.00 $3,060.00 4 1 IED1112PS GLOBALCOMT"Rack Power Supply System w/one Modular Supply 1 960 $2,231.25 $2,231.25 5 1 IED1112PSM GLOBALCOMPower Supply Module(for redundancy) $803.25 $803.25 6 1 IED1502AI 2-Channel Analog to CobraNet®Input Module. Decora or DIN Rail Mount. $1,247.72 $1,247.72 7 8 1 IED0591D-CLIENT Dell Desktop Workstation Computer-Client $3,338.80 $3,338.80 9 1 IED0595D-CLIENT Software Configuration for 591D Client $2,052.75 $2,052.75 11 FIELD EQUIPMENT 12 1 IEDA528HFM-H ACS Mic Sta Digital Horiz Flush Mt w/Handheld $2,766.75 $2,766.75 13 5 IEDA528HFME-H ACS Mic Sta Digital Horiz Flush Mt w/Handheld and Expansion Board $3,123.75 $15,618.75 14 5 IEDA52OFME-H ACS Mic Sta Acs Mic Sta 528 Expansion Handheld Expansion Station $721.14 $3,605.70 15 6 IEDA528FBB ACS Mic Sta 528 Flange Backbox $128.52 $771.12 16 1 IEDA528SRME-H ACS Mic Sta 528 Rackmount W/Spk,Exp,Aux for GLOBALCOMT"" 5 $3,480.75 $3,480.75 17 6 IEDA524-H GLOBALCOMT"4-Button Digital Mic Sta w/Handheld Mic&Surface Backbox $1,160.25 $6,961.50 18 1 IEDA528HDT-H ACS Mic Sta Digital Horizontal Desktop w/Handheld $2,766.75 $2,766.75 19 11 IEDX900 ADAPTOR PLATE 20 21 AMPS AND SENSOR COLLECTORS 22 2 IEDT9160L Titan Power Amp Mainframe 16Ch+Backup 120VAC 12 166 $14,190.75 $28,381.50 23 13 IEDT6302L Titan Series 2x3OOW Power Amplifier Card(70V/110AC) $1,338.75 $17,403.75 24 1 IEDT904ONLR Titan 16 Noise,16 Logic,8 Relay Interface 1 $3,570.00 $3,570.00 25 26 SPARES 27 2 IEDA528HFME-H ACS Mic Sta Digital Horiz Flush Mt w/Handheld and Expansion Board $3,123.75 $6,247.50 28 2 IEDA52OFME-H ACS Mic Sta Acs Mic Sta 528 Expansion Handheld Expansion Station $721.14 $1,442.28 29 2 IEDA524-H GLOBALCOMT"4-Button Digital Mic Sta w/Handheld Mic&Surface Backbox $1,160.25 $2,320.50 30 2 IEDT6302L Titan Series 2x3OOW Power Amplifier Card(70V/110AC) 1028 $1,338.75 $2,677.50 31 2 IEDA501HH ACS Hand Held Mic w/Magnet $309.40 $618.80 32 33 16 HHAP528 Adaptor Plate 508 backbox to 528 $134.30 $2,148.80 34 11 IEDA528SKA Adaptor Plate 528 Backbox to 524/528SK $68.00 $748.00 35 5 IEDA528SKBB ACS Mic Sta 528SK Surface Back.Box $44.63 $223.15 36 37 SOTWARE LICENESE RENEWALS 38 2 GCK3.OM GCK Core Software Annual License and Maintenance Fee $981.75 $1,963.50 39 20 HDEPL GCK Software End Point License for CobraNet® $178.50 $3,570.00 40 40 HDEPLM GCK Software End Point Annual License Fee for CobraNet®-Annual License and Maintenance Fee $35.70 $1,428.00 41 42 FAS OPTION 43 1 IEDFAS Flight Announcement System Core Software incl.Prizm Core Database $8,925.00 $8,925.00 44 1 IEDFASLANG-ENG Flight Announcement System Library,English $8,925.00 $8,925.00 45 1 IED0770 Engineering Services $2,500.00 $2,500.00 46 1 IEDX900 SECONDARY NIC FOR FAS DATA CONNECTION TO IED SYSTEM $250.00 $250.00 47 48 49 VISUAL PAGING OPTION 50 14 IEDVISDID IED Visual Display Client Software for Visual Paging and Wayfinding(Windows®) $134.30 $1,880.20 51 SOFTWARE REQUIRED PER MONITOR 52 1 IED0770 Engineering Services $2,500.00 $2,500.00 53 SETUP AND CONFIGURE SYSTEM FOR VISUAL PAGING(REMOTE SUPPORT IF NOT CONCURENT WITH ABOVE TRIP) 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 TERMS AND CONDITIONS COMMENTS&CONDITIONAL TERMS 19 21541 TOTALS FOB FACTORY,USA Payment Terms are only valid to Authorized Dealers TOTAL QUOTE $154,907.32 Irrevocable Stand-by Letter Mitek/Atlas/IED shall have the right to establish and change credit limits,payment terms and financial requirements from time of Credit may be Required to time in its sole discretion upon noticed to CUSTOMER. in the Event a Sufficient Line All Invoices are payable in US Dollars of Credit is ndt(ElitalRhModAts\Quote 7U-1609-5015 MSR1SU0jbW1cVdhtfiAN1ivense and maintenance fees equal to 20%of product cost. ATTACHMENT C : INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract 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 all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Page 1 of 3 Employer's 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; Page 2 of 3 • 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 CCIA Public Address System Installation 04/3/2018 cg Risk Management Valid Through 12/31 /2018 BONDS ARE NOT REQUIRED FOR THIS SERVICE Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS 1 . All equipment and materials provided by Contractor shall be warranted under the standard warranty terms of the original manufacturer. 2. All workmanship provided by Contractor shall be free of defects and shall be repaired, free of charge, for period of one year from the date of substantial completion or the first date of beneficial use of the system, whichever date occurs first. Substantial completion shall be defined as the point where the work or designated portion thereof, is sufficiently complete so that the system can be used for its intended purpose and accepted by the CCIA authorized personnel. 3. If any questions arise now or in the future about the installation or operation of the system, Contractor will provide assistance and answer any questions over phone at no cost to the CCIA. 4. If malfunction of an equipment occurs within the warranty period, Contractor will repair the defective equipment or return it to the manufacturer for repair at no cost to the CCIA. 5. All the Software license and Maintenance fee are included in the total price and valid for three years. 6. The warranty does not include nor cover expendable materials used with the system installation (e.g. light bulbs, lamps, light fixture lamps, fuses, batteries, portable connection cables etc.) 7. Contractor shall not be responsible for the reliability of systems that communicate using wireless technology. The performance of equipment utilizing wireless communications is inherently unreliable and will experience "drop outs", distortion and loss of connectivity from time to time. Interference from others forms of radio frequency transmissions, such as radio and television broadcasts, cell phones and computer wireless networks, is probable and should be expected. 8. Contractor shall not be responsible for the performance, testing, or configuration of owner-furnished data networks that are used to transmit audio, video, and lighting program data and control signal data. IP-based videoconferencing systems rely upon data networks that can provide consistent bandwidth for the transmission. Videoconferencing that is transmitted over the Internet is subject to the intermittent and unreliable nature of the public network. In the event that the CCIA network is found to be cause of defects in the quality of the audio/video signals, is unreliable or has insufficient bandwidth to support the A/V/L system and Ford's network technology specialist are required to troubleshoot or configure the CCIA network, the cost of this service will be invoiced to the CCIA. 9. Any adjustments made by the CCIA, other than routine operational adjustments, shall not be covered under this warranty statement. Re- calibration of settings shall be considered by Contractor to be billable time to Page 1 of 2 CCIA at Contractor standard technology specialist rates as per price sheet. Routine operational adjustments are settings and procedures that can be changed inside the IED server software. Re-Calibration would be considered making changes to the sensitivity of the Ambient Noise Sensors or adjusting the volume in a certain zone. 10. Contractor will provide training on routine preventive maintenance and CCIA will be responsible to perform routine preventative maintenance functions (e.g. keeping filters, clean, keeping system environment free from foreign materials). Failures on the part of the CCIA to perform these routine maintenance functions shall void this warranty. 11 . Repairs, modifications, or other work performed by personnel not authorized by Contractor during the period of warranty on any equipment of the system may void the warranty. Page 2 of 2 se GO O Va. v AGENDA MEMORANDUM NORROPp�EO Future item for the City Council meeting of June 26, 2018 1852 Action Item for the City Council meeting of July 10, 2018 DATE: June 14, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema�cctexas.com 886-2603 Approval to submit a grant application to the Automobile Burglary and Theft Prevention Authority to continue the motor vehicle theft enforcement grant in the Police Department CAPTION: Resolution authorizing submission of grant application for $410,973 to Automobile Burglary Theft Prevention Authority to continue motor vehicle theft enforcement grant with City cash match of$673,711, in-kind match of$61,105, and program income match of$1,831 for a total project cost of $1,147,620. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: The City of Corpus Christi is applying for Year 18 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of$2 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant which includes crime prevention programs focusing on reducing auto thefts. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and two civilians. The civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In-kind contributions include copy machine and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for four sworn officers who are funded and currently work in the auto theft and auto burglary bureau. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 20 plus years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $34,248 $376,725 $410,973 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of grant application for $410,973 to Automobile Burglary Theft Prevention Authority to continue motor vehicle theft enforcement grant with City cash match of $673,711, in- kind match of $61,105, and program income match of $1,831 for a total project cost of $1,147,620 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to submit a grant application in the amount of $410,973 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 18 with a City cash match of $673,711, in-kind services of $61,105, and a program income match of $1,831 , for a total project cost of $1 ,147,620; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith mus c.� GO O� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 26, 2018 NORPO P PE 1852 Action Item for the City Council Meeting of July 17, 2018 DATE: June 26, 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 B2Ca-).cctexas.com (361) 826-3169 Purchase of Nine Crispin Butterfly Valves for Utilities Department— Sole Source CAPTION: Resolution authorizing the purchase of nine Crispin valves from Municipal Valve and Equipment Company from Addison, Texas for a total amount not to exceed $145,854.00. PURPOSE: The item is to approve the purchase of nine Crispin butterfly valves for the Utilities Department. BACKGROUND AND FINDINGS: The Utilities Department, specifically the O.N. Stevens Water Treatment Plant, utilizes the 42" flanged class 150B AWWA C504 butterfly valve to seal the drains on each filter located on the south filter train. These butterfly valves have seats that are fully accessible and can either be adjusted to stop leakage or replaced without removing the entire valve and purchasing a new replacement. The butterfly valve design meets all American Water Works Association (AWWA) standards. This is sole source purchase. Municipal Value and Equipment Company has a patent on this product and is the only manufacturing company authorize to build the Series 47 Design and exclusively owns the original engineering property. 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: Utilities Department -Water FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $445,205.06 $0.00 $445,205.06 Encumbered / Expended Amount $149,351.06 $0.00 $149,351.06 This item $145,854.00 $0.00 $145,854.00 BALANCE $150,854.00 $0.00 $150,854.00 Fund(s): Utilities Fund- Water 2015 CIP Comments: The cost is for a total amount not to exceed $145,854.00 and funded in FY2017-18 from Fund 4096 and project E13051 . RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing the purchase of nine Crispin valves from Municipal Valve and Equipment Company from Addison, Texas for a total amount not to exceed $145,854.00 WHEREAS, the Crispin butterfly valves will be used by the Utilities Department; WHEREAS, these items will seal the drains on each filter located on the south filter train at the Water Treatment Plants; 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) (2), as this purchase is necessary to preserve that public health and safety of the City's residents. 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 Municipal Valve and Equipment Company, of Addison, Texas, for the purchase of nine Crispin butterfly valves, as a sole source purchase necessary to protect the public health and safety of the City's residents, for a total amount not-to-exceed $145,854.00. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas day of 20 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 City of Corpus Christi Price Sheet Purchasing Division Crispin Butterfly Valves Buyer: Cynthia Perez Municipal Valve&Equipment Company JITEMI DESCRIPTION COST I QUANTITY JEXTENDED TOTAL 1 Crispin Valve-42"-C504 Butterfly Valve $16,206.001 9 1 $145,854.00 TOTAL $145,854.00 ,as Cgp a v AGENDA MEMORANDUM Future Item for the City Council Meeting of June 26, 2018 NCOFPO0.PE0 1852 Action Item for the City Council Meeting of July 17, 2018 DATE: June 20, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jay Ellington, Director of Parks and Recreation jayell@cctexas.com (361) 826-3042 Construction Contract Community Park Development and Improvements - Bill Witt Park Bond 2012, Proposition 4 CAPTION: Motion authorizing a construction contract with ABBA Construction LLC of Laredo, Texas in the amount of $282,999.75 for Base Bid A and a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of $572,533.22 for Base Bid B for Community Park Development and Improvements - Bill Witt Park project. (Bond 2012, Proposition 4). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for Community Park Development and Improvements - Bill Witt Park project. BACKGROUND AND FINDINGS: This project is part of Bond 2012 Proposition 4 — City-Wide Community Parks development and improvements which includes West Guth, Bill Witt/Oso Creek, Hector P Garcia/Salinas, Billish and Parker Parks as well as downtown squares La Retama and Artesian Parks. Bond 2012 brochure description: "This project will primarily focus on irrigation upgrades and extensions at West Guth, Bill Witt/Oso Creek, Hector P. Garcia/Salinas, Billish, and Parker Parks as well as downtown squares La Retama and Artesian Parks. Additionally, improvements may include dog parks, skate parks and splash pads, shade structures, landscaping, trails, parking improvements and other items." Project Scope: Bill Witt Park is a Special Use Park that is utilized by several different sports leagues that pay for use of the fields. It is listed in the Parks Master Plan as a Regional Park and is recommended for major investments. Upgrades planned for Bill Witt Park will increase desirability of sports fields for use in larger tournament events. Improved amenities will make the park more desirable for community events and regular use by citizens, particularly for residents moving into new subdivisions being constructed near the park. This project will focus on irrigation upgrades, installation of a dog park, and other items designated for community parks in compliance with the City of Corpus Christi Parks, Recreation, and Open Space Master Plan. Base Bid "A" consists of upgrading and extending existing irrigation systems and installing new irrigation systems within the park. Base Bid "B" consists of a new dog park, demolition of 3 abandoned buildings and related structures, landscaping, and miscellaneous sports league upgrades. Base Bid "B" includes 3 Additive Alternates to the bid, consisting of a hike&bike trail, a covered pavilion, and perimeter fencing around the soccer and football field areas. Bidders had the option of submitting a bid for Base Bid "A" only, Base Bid "B" only, or both Base Bids. On June 13, 2018, the City received proposals from four (4) bidders and the bids are as follows: Contractor Base Bid A Base Bid B Base Bid B Base Bid B Base Bid B Add Alt 1 Add Alt 2 Add Alt 3 ABBA Construction, LLC 282,999 75 No Bid No Bid No Bid No Bid Laredo, Texas Mako Contracting No Bid 572,533.22 177,732.60 137,022.00 40,992.76 Corpus Christi, Texas Mo-Con Services Inc. No Bid 596,438.76 148,133.20 129,165.25 60,938.05 Corpus Christi, Texas Gourley Contractors 356,162.29 691,931.62 255,433.90 348,941.89 44,309.74 Corpus Christi, Texas Engineer's Opinion of $219,219.75 $511,350 $145,150 $116,050 $61,280 Probable Construction Cost ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Future work to complete this project will include resurfacing one existing parking lot and construction of a new parking lot to accommodate increased traffic at fields and dog park. This work will be constructed through a separate contract to economize on costs. This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements. Martinez, Guy & Maybik, Inc., was selected for this project as a result of RFQ No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2017-2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2017-2018 Expenditures Budget 183,230.00 1,061,362.00 1,244,592.00 Encumbered / 183,230.00 183,230.00 Expended Amount This item — BB A 282,999.75 282,999.75 This item — BB B 572,533.22 572,533.22 Future Anticipated Expenditures This 205,829.03 205,829.03 Project BALANCE 01 01 1 0 Fund(s): Parks and Recreation Bond 2012 and Community Development Improvements Comments: This agenda item will result in two Construction Contracts with combined expenditures of an amount not to exceed $855,532.97 and project is estimated to be complete in seven months from issuance of Notice to Proceed. RECOMMENDATION: City staff and Martinez, Guy & Maybik recommend a construction contract be awarded to Abba Construction in the amount of $282,999.75 for Base Bid A and a construction contract be awarded to Mako Contracting in the amount of$572,533.22 for Base Bid B for Community Park Development and Improvements - Bill Witt Park project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation PROJECT BUDGET ESTIMATE Community Park Development and Improvements-Bill Witt Park Bond 2012, Proposition 4 PROJECT FUNDS AVAILABLE: Park Bond 2012, Proposition 4............................................................................. 1,065,237 Community Development Funds.............................................................................. 179,355 TOTAL FUNDS AVAILABLE 1,244,592 FUNDS REQUIRED: Construction and Contingency Fees:........................................................................... 941,086 Construction (ABBA Construction)THIS ITEM Base Bid A 283,000 Construction (Mako Contracting)THIS ITEM Base Bid B 572,533 Contingency(10%)........................................................................... 85,553 Construction Inspection and Testing Fees:................................................................... 53,877 Construction Inspection TBD.............................................................. 44,082 Construction Materials Testing(Professional Service Industries, Inc.) ......... 9,795 Design and Geotechnical Fees:................................................................................. 185,655 Design Engineering(Martinez, Guy&Maybik)....................................... 181,780 Geotechnical Testing(Tolunay Wong) 3,875 Reimbursements:.................................................................................................. 63,974 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)........... 25,189 Engineering Services(Project Mgt)...................................................... 37,785 Misc. (Printing,Advertising, etc.)......................................................... 1,000 TOTAL 1,244,592 ESTIMATED PROJECT BUDGET BALANCE 0 NUECES BAY 181 oy c oRRrpoR I N v SCALE: N.T.S. SHIP CHAN CORPUS CHRISTI LEOPARD O a z CORPUS CHRISTI BAY 286 0 ORGP 358 PROJECT LOCATION 0 UQO��A Spry ti TEXAS A&M UNIVERSITY Off~ y0<<Y CORPUS CHRISTI O� � 358 ZZ Q� �S�Rgrpcg3�0 'rte rc�Rp�F O CABANISS Gj Z OSO BAY CORPUS CHRISTI FIELD t� Q NAVAL AIR STATION Qv ° �v FLOUR BLUFF 358 286 s O z J a wN LAGUNA MADRE LOCATION MAP NOT TO SCALE Project Number: E14002 CITY COUNCIL EXHIBIT Bill Witt Park CITY OF CORPUS CHRISTI,TEXAS WQ DEPARTMENT OF ENGINEERING SERVICES wri Corpus Chr sti Engineering Community Park Development and Improvements - Bill Witt Park (Rebid) Bond 2012, Proposition 4 Council Presentation June 26, 2018 Project Location �rsn Corpus*Ch,sti Engineering N SCALE:N.T.S. R PROJECT LOCATION ®h Project Vicinity Corpus*Ch,sti Engineering COMMUNITY PARK DEVELOPMENT AND IMPROVEMENTS N f BILL WITT PARK SCALE:N.T.S. �� Yplkt BOND 2012 A. owe a .■�F pro c Safe Steel Dr Project Scope ICON J P Corpus Chrsti E-v)� Engineering Background: • Special Use Park utilized by several sports leagues • Sports leagues generate a revenue stream unlike most other parks • Upgrades increase desirability of sports fields for larger tournament events Construction Scope: Base Bid A • Irrigation upgrades in soccer, football, baseball, & kickball fields Base Bid B • Dog park with pergola and water fountain • Drainage improvements • Landscaping improvements • Demolition of existing buildings Additive Alternates • Hike & bike trail (Add Alt#1) • Covered pavilion (Add Alt#2) • Split rail fencing(Add Alt#3) Project Schedule A Corpus Chr'sti Engineering / / • M J J A S O N D J F Award / Bid Construction Projected Schedule reflects City Council award in June 2018 with anticipated construction completion in February 2019. June 18, 2018 MARTINEZ, GUY ME MAYBiK, INC. ENGINEERS&SURVEYORS Ricardo Martinez, P.E. 6000 S. Staples Suite 207 Corpus413 Project Manager- MGM Inc. 361-81 Christi, Texas 788-6 2s�-a,a-3U70 -Fax 1-888-s53-S51a 6000 South Staples St, Suite 207 Corpus Christi, Texas 78413 GorpusOmsfr -Nouslon Eagle PasslDelRio Area Sarah West, P.E. City of Corpus Christi- Project Manager 1201 Leopard Street Corpus Christi, Texas 78469 RE: Community Park Development & Improvement Bill Witt Park — Re-Bid (Bond 2012), Project No. E14002 Letter of Recommendation of Award of Contract Dear Sarah West P.E., Bids for the subject project were publicly opened on June 13, 2018. A total of five (5) bids were received for the project, two for Base Bid A & three for Base Bid B. The two apparent bidders for Base Bid A of the subject project are ABBA Construction LLC, with a total base bid of $282,999.75, and Gourley Contractors LLC with a total base bid of $356,162.29. The three apparent bidders for Base Bid B of the subject project are Mo-Con Services Inc. with a total base bid of $596,438.76, Gourley Contractors LLC with a total base bid of $691,931.62, and Mako Contracting LLC with a total base bid of $572,533.22. Three Additives/Alternates were included in the bid for the subject project, however due to budgetary concerns the three additives/alternates will not be considered as part of the recommendation for this project. Our office has reviewed all bidders' Statement of Experience (SOE) submitted subsequent to the bid date (see attachments). ABBA Construction LLC has key personnel listed for the project (Project Manager, Superintendents, etc.) that appear to satisfy all the minimum experience requirements listed in the contract documents. After phone interviews with the bidders provided references, ABBA Construction LLC received satisfactory reviews from its performance on similarly sized projects and projects of the similar scope of work as the subject project. After review of the provided statement of experience from Mako Contracting LLC it appears that Mako Contracting LLC has experience working/completing projects with the City of Corpus Christi on several projects. The listed projects completed in the statement of experience for Mako Contracting LLC are of the same size or larger scale, and displays that Mako Contracting LLC has experience in completing projects of similar scope of work as the subject project. Mako Contracting LLC also has key personnel listed for the project (Project Manager, Superintendent, Safety Manager, etc.) that appear to satisfy all the minium experience requirements listed in the contract documents. Therefore, MGM recommends award of Base Bid A for the subject project to ABBA Construction LLC in the total bid amount of $282,999.75, and Base Bid B for the subject project to Mako Contracting LLC in the total bid amount of $572,533.22 with no additives/alternates recommended for this project due to budgetary concerns. Sincerely, Ricardo Martinez, P.E. to ......................... RICARDO MARTINEZ ..................... .*+R ...58265 8 2 6 5 ' #� rs TIA -- CITY COUNCIL EXECUTIVE SUMMARY Council Priority. STREETS Presenter(s): Valerie H. Gray, P.E., Executive Director of Public Works © Flatiron Dragados Representative Meeting Date Agenda Category Le istar ID June 26, 2018 Briefing/Presentation 18-0670 Agenda Title: Update on Harbor Bridge Replacement Project SUMMARY ➢ Representatives with Flatiron Dragados will provide an update on the progress of the Harbor Bridge Replacement Project SUPPORTING DOCUMENTS ➢ None FUTURE ACTIONS ➢ None VG/asg Rev.0—Os/31/18 SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of June 26, 2018 DATE: June 13, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Master Plan Update STAFF PRESENTER(S): Name Title/Position Department 1. E. Jay Ellington Director Parks & Recreation BACKGROUND: The Parks & Recreation Department has started the process of updating the Parks Master Plan. As part of this process, the Director would like to give the Council a brief update of the current schedule and process of assessment of the current state of the City's parks, recreation and open space system. The final plan will be brought to the Council for consideration. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Master Plan CORPUS #. CHRISTI PARKS& RECREATION Parks Master Plan Update 2018 Council Briefing June 19 2018 _ Pro'ect Brandin p - l g �giST P-- 41 CORPUS 1 CHRISTI ACCREDT 'TED PARKS& p EGREATIO RE REAl2 .11 Current Activity CHRSTI 0 PAR gT. • Gathering Input via: — Public Outreach Meetings - - Short Survey r — Focus Groups i — Public Events — Developing Statistically Valid Survey PRA a Survey CHRIST �t CHRISTI PPR45fi . aaip° • Working with consultant to develop and launch an online, mail and phone survey • Survey will be statistically valid • Survey will be random and will cover all City Council Districts • Survey will be conducted in English and Spanish Data Analysis 4 , CHRISTI PARK56 Initial Analysis • Goals and Objectives • Prioritization of Needs NUECE5 BAY • Survey Launch �, �• -ate �- • Creation of Maps and _ CONFUSCBB,SPBAY - Exhibits • Public Engagement r r" Final Analysis U5 �. BAY • Survey Completion • Synthesizing of input,needs, CITY OWNED PROPERTY Of CORPUS CHRISTI budget constraints , Legend % • Presentation to City Council Gr NEO PRI ULF • Adoption of Document '/l M XICO 5 Next Steps • Continuing Gathering Public Input • Complete Statistically Valid Survey • Analyze all data • Complete Needs Assessment • Synthesize input, survey and needs assessment • Present to City Council • Move forward with Implementation Phase .,! Contact Information C RPUS CHRISTI RARIS& Jay Ellington, CPRE, ICMA-CM Director of Parks and Recreation Department JayEll@cctexas.com a Renissa M. Garza Montalvo, AICP, CPRP Assistant Director of Parks and Recreation Department RenissaGM@cctexas.com