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HomeMy WebLinkAboutAgenda Packet City Council - 07/31/2018 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda - Final City Council Tuesday,July 31,2018 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Aurora Parlamas, Assistant Director of Support Services, Engineering Services Department. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 18-0903 Proclamation declaring July 30 - August 3, 2018, "61st National Pan American Golf Association Convention and Tournament Week". Commendation for Corpus Christi Police Foundation. Commendations recognizing the Corpus Christi National Little League Baseball Team. Presentation of Honorary Citizen Certificates to 2018 Sister City Exchange Students. City of Corpus Christi Page 1 Printed on 7/30/2018 City Council Meeting Agenda-Final July 31,2018 Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. STRATEGIC FUTURE ISSUES b. CITY PERFORMANCE REPORT- LIBRARIES C. OTHER G. MINUTES: 2. 18-0904 Regular Meeting of July 24, 2018. Attachments: Minutes -July 24, 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 7/30/2018 City Council Meeting Agenda-Final July 31,2018 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 - 9) 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. 18-0809 Professional Services Contract for Programmed Water Line Service Life Extension Indefinite Delivery/ Indefinite Quanitity Program (Capital Improvement Program) Motion executing a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount of$350,510 for Programmed Water Line Service Life Extension Indefinite Delivery/ Indefinite Quantity (IDIQ) Project. (Capital Improvement Program) Attachments: Agenda Memo-Citywide Water Distribution System IDIQ Prosect Budget-Citywide Water Distribution System IDIQ Location Map Presentation -Citywide Water Distribution System IDIQ Contract-Citywide Water Distribution IDIQ 18094A Urban 4. 18-0806 Resolution approving submission of five traffic safety improvement projects for Highway Safety Improvement grants (Bond 2016, TxDOT Participation) Resolution supporting the submission of multiple project proposals for Texas Department of Transportation Highway Safety Improvement Program grants for traffic signals. City of Corpus Christi Page 3 Printed on 7/30/2018 City Council Meeting Agenda-Final July 31,2018 Attachments: Agenda Memo- HSIP rev 7.18.2018 Resolution -Highway Safety Improvement Program HSIP 2018 Presentation - Highway Safety Improvement Program HSIP 2018 REV 7.17.201 Location Map- Highway Safety Improvement Program HSIP 2018 5. 18-0726 Three Supply Agreements for Purchase of Tires for Fleet Maintenance Motion authorizing three, one-year supply agreements for the purchase of Goodyear tires from Goodyear Tire and Rubber Co. of Corpus Christi, Texas; Pursuit tires from GCR Tire and Service of Corpus Christi, Texas; and, Dunlop tires from Southern Tire Mart of Corpus Christi, Texas via BuyBoard cooperative for a total amount not to exceed $272,376.85. Attachments: Agenda Memo-Tires for Fleet Price Sheet-Tires for Fleet Goodyear Tire &Rubber Co. Supply Aareement.pdf GCR Supply Aareement.pdf Southern Tire Mart Supply Aareement.pdf 6. 18-0832 Second Reading Ordinance - Special Permit Time Extension for a property at or near 7442 Wooldridge Road (1st Reading 7/24/18) Case No. 0618-01 Dorsal Development, LLC.: Ordinance granting a time extension of the "RM-1/SP" Multifamily 1 District with a Special Permit on a property at or near 7442 Wooldridge Road. Planning Commission and Staff Recommendation (June 13, 2018): Approval of the requested Special Permit time extension for a period of 6 months. Attachments: Agenda Memo 0618-01 Dorsal Development, LLC. Ordinance 0618-01 Dorsal Development, LLC. Presentation 0618-01 Dorsal Development, LLC. CC Report 0618-01 Dorsal Development, LLC. with Exhibits 7. 18-0684 Second Reading Ordinance -Accepting and appropriating developer contributions, other donations and interest earnings for park improvements (1st Reading 7/24/18) Ordinance to accept and appropriate $846,228.34 in developer contributions, other donations and interest earnings in the Community Enrichment Fund for park improvements. Attachments: Agenda Memo-Comm. Enrichment Fds Appropriation FY17-18 (100116-0331 Ordinance - Community Enrichment Fund Appropriation V2 City of Corpus Christi Page 4 Printed on 7/30/2018 City Council Meeting Agenda-Final July 31,2018 Exhibit A-Community Enrichment Funds Presentation on Community Enrichment Funds 8. 18-0625 Second Reading Ordinance - Lease Agreement for Tom Graham Park (1st Reading 7/24/18) Ordinance authorizing a five-year lease with an option to extend for an additional five year term with Grow Local South Texas, Inc. for use of Tom Graham Park at 3914 Up River Road for a public gardening program. Attachments: Agenda Memo-Grow Local -Tom Graham Park 2018 Ordinance -Grow Local -Tom Graham Park 2018 Lease -Grow Local Tom Graham Park Signed 9. 18-0833 Second Reading Ordinance - Exemption from the Wastewater Lot or Acreage Fees for Water's Edge at Kitty Hawk Unit 2 (1st Reading 7/24/18) Ordinance exempting Water's Edge at Kitty Hawk Unit 2, located south of South Staples Street and west of Kitty Hawk Drive, from the payment of the wastewater lot or acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo-Water's Edge at Kitty Hawk Ordinance 7.6.18 Ordinance -Water's Edge at Kitty Hawk Agreement-Sanitary Sewer Connection -Signed Presentation -WW Exemption Water edge Kitty Hawk Unit 2-7.18.18 L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 10 - 11) 10. 18-0805 Public Hearing and First Reading Ordinance - Rezoning property at or near 6000 Yorktown Boulevard Case No. 0218-03 William B. Miller, Jr.: Ordinance rezoning property at or near 6000 Yorktown Boulevard from "RS-6" Single-Family 6 District to the "IL" Light Industrial District.(3/4 vote required) Planning Commission and Staff Recommendation (June 27, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District (Tract 1). Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District (Tract 2), in lieu thereof approval of"CN-1/SP" Neighborhood Commercial District with a Special Permit (Tract 2). City of Corpus Christi Page 5 Printed on 7/30/2018 City Council Meeting Agenda-Final July 31,2018 Ordinance rezoning property at or near 6001 Yorktown Boulevard from "RS-6" Single-Family 6 District to the "IL" Light Industrial District (Tract 1) and "CN-1/SP" Neighborhood Commercial District with a Special Permit (Tract 2). Attachments: Agenda Memo 0218-03 William B. Miller, Jr Ordinance 0218-03 William B. Miller, Jr Ordinance Special Permit 0218-03 William B. Miller, Jr CC Report 0218-03 William B. Miller, Jr with Exhibits Presentation 0218-03 William B. Miller, Jr 11. 18-0897 Public Hearing and First Reading Ordinance - Urban Transportation Plan Amendment Ordinance amending the Urban Transportation Plan map by Realigning proposed Yellow Oak Avenue and at the intersection with CR 48, extend southward as an RA1 Minor Rural Arterial to intersect with proposed east/west RA1 Minor Rural Arterial; realigning proposed arterial CR 48 between FM 1694 (Callicoate Rd) and FM 24 (Violet Rd) to the northeast and redesignate as a Local Rural Street; deleting a segment of proposed C1 Collector Oregon Trail; designating a segment of Haven Road from FM 24 to proposed point near north/south Collector west of Warrior Drive as a C1 Collector; deleting a proposed C1 Collector segment from Oregon trail to the intersection near FM 1694; adding an RA1 Minor Rural Arterial between IH 69 and FM 24, redesignating proposed C1 Collector to an RA1 Minor Rural Arterial between IH 69 and FM 24; and, adding a proposed rural street designation of(RA1) Local Rural Street to the UTP. Attachments: Agenda Memo- UTP EPIC Ordinance UTP EPIC Presentation - UTP EPIC N. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. O. FIRST READING ORDINANCES: (ITEMS 12 - 16) 12. 18-0905 First Reading Ordinance - Ordering a General Election to elect Mayor and Eight Council Members - November 6, 2018 Ordinance ordering a general election to be held on November 6, 2018, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing City of Corpus Christi Page 6 Printed on 7/30/2018 City Council Meeting Agenda-Final July 31,2018 a joint election with Nueces County, and a runoff election, if one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. Attachments: Agenda memo- November 6 2018 General Election Ordinance -General Election 2018 13. 18-0881 First Reading Ordinance - Professional Services Contract for Residential Reconstruction Project - $3.4M Ordinance appropriating $680,000 from Fund balance in Residential Street Reconstruction Fund No. 1042, amend the Operating Budget, and execute a professional services contract with Hanson Professional Services, Inc. of Corpus Christi, Texas in the amount of$463,656.50 for the Residential Street Reconstruction Project - $3.4M project. Attachments: Agenda memo for Hanson Contract-$3 4M Ordinance - Hanson Contract(18-0881)REV Prosect Budget- Legistar 18-0881 REV(2) Location Map- Hanson Contract$3 4M RSRP Presentation -$3 4M Design Contract REV Legistar Contract- Hanson Contract$3 4M RSRP Presentation Dec 19, 2017- Hanson Contract$3 4M RSRP Resolution 031348 Jan 30, 2018- Hanson Contract$3 4M RSRP 14. 18-0844 First Reading Ordinance - Construction Contract for Schanen Ditch Hike and Bike Trail -Saratoga to Kilarmet Project (Bond 2012, Proposition 4) Ordinance appropriating into Park CIP Fund and changing the Capital Improvement Program Budget by $355,643.32 and authorizing a construction contract with Mo-Con Services, Inc. of Corpus Christi, Texas in the amount of$444,554.15 for Schanen Ditch Hike and Bike Trail - Saratoga to Killarmet project for the base bid. Attachments: Agenda Memo-Schanen Ditch Hike and Bike Saratoga to Killarmet Ordinance -Schanen Ditch Hike and Bike Saratoga to Killarmet Project Budget-Schanen Hike and Bike Saratoga to Killarmet Letter of Recommendation -Schanen Ditch Hike and Bike Saratoga to Killarmet Location Map-Schanen Ditch Hike and Bike Saratoga to Killarmet.pdf Presentation -Schanen Ditch Hike and Bike Saratoga to Killarmet.1DOx Advance funding Agreement- Fully Executed 0916-35-200 AFA 15. 18-0595 First Reading Ordinance -Adopting Downtown Vacant Building Regulations City of Corpus Christi Paye 7 Printed on 7/30/2018 City Council Meeting Agenda-Final July 31,2018 Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations including registration; and Providing for penalties. Attachments: Agenda Memo-Vacant Building Ordinance Ordinance -Vacant Building Ordinance Clean Copy 07.26.18 Ordinance -Vacant Building Ordinance Redline 07.26.18 (003) Informal Staff Report- Downtown Vacant Building Ordinance Presentation - Downtown Vacant Building Program City Council 7 31 18 FINAL 16. 18-0889 First Reading Ordinance -Authorizing a Use Privilege Agreement for installation of a private wastewater collection system and conveyance system force main Ordinance authorizing a Use Privilege Agreement with Valls Wildcat II, LLC, ("Permittee") to install a private wastewater collection system and conveyance system force main. Attachments: Agenda Memo-Valls Wildcat II, LLC Ordinance Signed UPA with exhibits Presentation Team Furmanite 7.23.18 P. FUTURE AGENDA ITEMS: (ITEMS 17 - 28) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 17. 18-0804 Resolution authorizing outside city limits water contract with property owners in Mokry Estates. Attachments: Agenda Memo Mokry Estates Resolution -Mokry Estates OCL WC Presentation Mokry Estates OCL Water Contract 7.18.18 Water Contract-A761 - Mokry Estates OCL Water Contract 18. 18-0843 Purchase and Installation of Upfitting Equipment for Police Vehicles Motion authorizing the purchase and installation of upfitting equipment on police vehicles, with a two-year service agreement for$365,362.75 from Cap Fleet Upfitters of Temple, Texas, via the BuyBoard Cooperative. Attachments: Agenda Memo- Upfittinq for Police Vehicles Price Sheet- Upfittinq for Police Vehicles Service Agreement 1811 - Upfittinq for Police Vehicles 19. 18-0801 Amendment No. 1 to Master Services Agreement for engineering and technical support for project development in Solid Waste Operations City of Corpus Christi Page 8 Printed on 7/30/2018 City Council Meeting Agenda-Final July 31,2018 Motion authorizing Amendment No. 1 to a 3-year Master Services Agreement with Hanson Professional Services of Corpus Christi, Texas in the amount of$712,501 for a total restated fee of$750,000. Attachments: Agenda Memo-Solid Waste Tech Support Amend. No. 1 Location Map-Solid Waste Tech Support Amend. No. 1 Presentation -Solid Waste Tech Support Amend. No. 1 Master Services Agreement -Solid Waste Tech Support Amend. No. 1 20. 18-0794 Supply Agreement for Crushed Limestone for Street Operations Motion authorizing a three-year supply agreement with Vulcan Construction Materials, LLC of San Antonio, Texas, for the purchase of crushed limestone, for the total amount not to exceed $423,000.00. Attachments: Agenda Memo-Crushed Limestone...docx Bid Tabulation -Crushed Limestone for Street Operations Supply Agreement-Crushed Limestone for Street Operations-pdf 21. 18-0795 Supply Agreement for Cold Mix-cold Laid asphalt and Pre-Coated Aggregate for Street Operations Motion authorizing a three-year supply agreement with Vulcan Construction Materials, LLC of San Antonio, Texas, for the purchase of cold mix- cold laid asphalt and pre-coated aggregate, for the total amount not to exceed $2,087,700.00. Attachments: Agenda Memo-Cold Mix.docx Bid Tabulation -Cold Mix Supply Agreement-Cold Mix --Cold Laid 22. 18-0846 Supply Agreement for Purchase of Hot Tap Fittings Motion authorizing a three-year supply agreement with M.T. Deason Company Inc, of Birmingham, Alabama, for the purchase of hot tap fittings for a total amount not to exceed $249,721.80. Attachments: Agenda Memo-Hot Tap Fittings Bid Tabulation- Hot Tap Fittings.xlsx SupplV Agreement 23. 18-0868 Service Agreement for Brush Grinding Services for Solid Waste Operations Motion authorizing a four-year service agreement with Austin Wood Recycling, of Cedar Park, Texas for brush grinding services for a total amount not to exceed $345,000.00. City of Corpus Christi Paye 9 Printed on 7/30/2018 City Council Meeting Agenda-Final July 31,2018 Attachments: Agenda Memo - Brush Grinding for Solid Waste Operations.docx Bid Tabulation - Brush Grinding for Solid Waste Operations.xlsx Service Agreement Brush Grinding for Sold Waste Operations. df 24. 18-0851 Resolution requesting the Texas General Land Office (GLO) to allocate a portion of federal GOMESA funds to coastal cities Resolution of the City of Corpus Christi, Texas requesting that the State of Texas and the Texas General Land Office annually set aside a portion of the State Gulf of Mexico Energy Security Act (GOMESA) funds for Texas coastal cities and continue to fully fund the Coastal Erosion Protection Response Act (CEPRA) program with state revenues. Attachments: Council memo-GOMESA funding from GLO 070918 DRAFT TxASBPA Resolution GOMESA funding 25. 18-0864 Utility Bill Printing and Mailing Services Motion approving a one-year service agreement for utility bill printing, mailing, and insert printing services with Information Management Solutions, L.L.C. of San Antonio, Texas for an estimated expenditure of $886,886.48, with four one-year options for a total potential multi-year amount of$4,434,432.40. Attachments: Agenda Memo- Utility Bill Print Mailing and Insert Printing Svc Service Agreement 1578- Utility Bill Print, Mailing, and Insert Printing Svc.pdf Matrix Summary 1578 Utility Bill Printing, Mailing and Insert Printing Services.pc 26. 18-0907 Setting the City Council Meeting Date to Adopt the Property Tax Rate Motion setting September 18, 2018 as the date of the adoption of the ad valorem tax rate of$0.626264 per $100 valuation. Attachments: Agenda Memo for Ad Valorem Tax Rate Meeting 27. 18-0908 Scheduling Two Public Hearings Related to Fiscal Year 2018-2019 Property Tax Motion setting a public hearing on the ad valorem tax rate for August 28, 2018 and a second public hearing for September 11, 2018 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Attachments: Agenda Memo for Two Public Hearings. 28. 18-0916 Scheduling Public Hearing on Fiscal Year 2018-2019 Operating Budget City of Corpus Christi Page 10 Printed on 7/30/2018 City Council Meeting Agenda-Final July 31,2018 Motion setting a public hearing for the City of Corpus Christi Fiscal Year 2018-2019 Operating Budget for August 28, 2018 during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Attachments: Agenda Memo to set Public Hearing date Q. BRIEFINGS: (NONE) 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. R. EXECUTIVE SESSION: (ITEMS 29 -31) 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. 18-0912 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 lawsuits of Salinas Construction Technologies, Ltd. and Salinas and Sons, Inc. v. City of Corpus Christi, and other lawsuits against the City and the City's officers and employees. 30. 18-0895 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 potential violations of the City's commercial and industrial waste disposal and pretreatment ordinance [Section 55-140, et. Seq., of the Corpus Christi Code of Ordinances] by wastewater customer(s), potential wastewater plant excursions, negotiations and potential litigation with the U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Attorney General, and/or U.S. Department of Justice concerning the City's sanitary sewer system and/or water system, including consideration of fees for attorneys, engineers, and other expert witnesses assisting in defense of potential lawsuit(s) and other legal matters related to the provision of water City of Corpus Christi Page 11 Printed on 7/30/2018 City Council Meeting Agenda-Final July 31,2018 and wastewater services and the regulations related to said services. 31. 18-0896 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 Harbor Bridge construction and the Agreement for the Adjustment of City of Corpus Christi Municipal Utilities in Connection with the U.S. 181 Harbor Bridge Replacement Project. 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 12 Printed on 7/30/2018 Cit`' of Corpus Christi 1201 Leopard Street 1 City Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday,July 24,2018 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Pastor Rob Bailey, Southside Community Church. Pastor Rob Bailey gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Jeff Lee, Assistant Director of Human Resources. Assistant Director of Human Resources Jeff Lee 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 7/26/2018 City Council Meeting Minutes July 24,2018 Present: 8- Mayor Joe McComb,Council Member Rudy Garza Jr.,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Absent: 1 - Council Member Lucy Rubio E. Proclamations /Commendations 1. Proclamation declaring July 22 - July 28, 2018, "Feria De Las Flores Week" and July 28, 2018 "Feria De Las Flores Day". Recognition of Mayor's "4th of July Big Bang Celebration" Regatta Winners. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor McComb presented a certificate of excellence and appreciation for the 2018 World Youth Sailing Championship, a proclamation, a recognition and conducted the swearing-in ceremony for newly appointed board and committee members. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb deviated from the agenda and referred to comments from the public. Mayor McComb announced that Item 30 was withdrawn by staff. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. Dan Caballero, 5338 Greenbriar, requested assistance regarding issues with Development Services related to the zoning of property for townhomes. Gracie Flores, 711 N. Carancahua, Plan Administrator for the Corpus Christi Firefighters' Retirement System,spoke on behalf of the Board of Trustees thanking the City Council for allowing them to present at the City Council Workshop on June 21,2018 and requested an increase from 1%to 1 1/2%in the rate of the City's contribution. Sierra Dominguez, 805 Comanche, spoke in support of providing activities geared toward teenagers at Corpus Christi libraries. Jack Gordy, 4118 Bray,spoke regarding blocked sidewalks and illegal signs. Richard Throop, CEO of the Corpus Christi Association of City of Corpus Christi Page 2 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 Realtors,4325 Everhart, thanked City staff for pulling Agenda Item 30, adopting Downtown Vacant Building Regulations, and provided a housing report and information regarding the Corpus Christi Association of Realtors. Alissa Mejia, 4302 Ocean Drive,spoke in support of the Park and Recreation Advisory Committee's recommendation to increase the amount of funding for Proposition C in Bond 2018 regarding Parks and Recreation Improvements. Aislynn Campbell, 510 McClendon,spoke in support of Agenda Item 28, a lease agreement with Grow Local South Texas, Inc.for the use of Tom Graham Park. DeeLynn Torres, 617 Lansdown, President of Express Soccer Club Dynamo, spoke regarding the success of the 13th Annual Express Beach Soccer Fest and thanked City staff for their assistance with the event and the City for the improvements to Salinas Park.Adam Stern, 5325 Wild Olive Trail,spoke regarding the revitalization of downtown and exploring an idle land tax in Reinvestment Zone No. 3. Susie Luna Saldana, 4710 Hakel,spoke regarding the upcoming City Council election and candidates disseminating accurate information. Margareta Fratila, 3606 Tripoli, spoke regarding utility bill issues at rental properties. James Klein, 3501 Monterrey,thanked City Council for supporting Mandela Day and spoke regarding clarification of the parade ordinance. 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: b. OTHER The 7th Annual Operation Safe Return Back to School Health and Safety Fair will be held Saturday,July 28,2018 at the American Bank Center from 10:00 a.m.to 2:00 p.m. The event provides school-age children the opportunity to receive necessary school supplies,sports physicals, immunizations, and giveaways. Children must be accompanied by an adult and parking and admission are free. a. STRATEGIC FUTURE ISSUES - FUTURE WATER SUPPLIES Water Resource Manager Steve Ramos stated that the purpose of this item is to provide an overview of the City's raw water supply strategies. The presentation team included: Executive Director of Utilities Dan Grimsbo and Frank Brogan. Mr. Ramos presented the following information: the current water supply;the 2017 Corpus Christi regional customer water demand;the 2017 Corpus Christi raw water customer demand and projections;2017 and projected 2025 Corpus Christi treated water demand profile; regional water supply strategies; the 2016 Region N water management strategies;water conservation; reuse;surface water; desalination; groundwater/Aquifer Storage and Recovery. Mr. Brogan presented information regarding: diversification of the water supply; groundwater versus desalination; and an overview of the San Antonio Water System (SAWS) including: a history of SAWS; challenges; projects that failed and projects that were successful;steps taken to secure water;the shortlisted candidates; candidates that were not willing to accept supply risks;the Vista Ridge Project;the Vista Ridge Water cost breakdown;the Brackish Groundwater Desalination Project;Aquifer Storage and Recharge; and lessons learned. Mr. Brogan provided the following recommendations: continue diversification of water supply; aggressively plan for future growth; pursue City of Corpus Christi Page 3 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 desalination and groundwater; negotiate, obtain and permit both options; have both options ready to execute at the appropriate time; and consider Aquifer Storage and Recharge. Council members and the presentation team discussed the following topics: the drought conditions not accurately reflecting the available water supply;the agreed order; a timeline for addressing additional water supply; diversification of the water supply; the SAWS's Vista Ridge Public Private Partnership; reuse; the status of the studies to investigate industrial use; lessons learned by SAWS; desalination; SAW's projects that were completed but not totally successful; evaluating different water strategies; Mary Rhodes Pipeline Phase II; long-range planning alternatives; potential sites for the desalination project; and water conservation. MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the Interim City Manager to proceed with the Request for Information (RFI)for water diversification,seconded by Council Member Smith and passed unanimously (Council Member Rubio-absent). EXECUTIVE SESSION: (ITEM 35) 35. 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 gas utility system, and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property rights associated with the gas utility system because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Mayor McComb referred to Executive Session Item 35. The Council went into executive session at 1:35 p.m. The Council returned from executive session at 2:15 p.m. L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 35. G. MINUTES: 2. Regular Meeting of July 17, 2018 and Workshop Session of July 16, 2018. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Molina and passed unanimously(Council Members Hunter, Lindsey-Opel and Rubio- absent). H. BOARD & COMMITTEE APPOINTMENTS: City of Corpus Christi Page 4 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 3. Corpus Christi Business and Job Development Corporation Corpus Christi B Corporation Mayor's Fitness Council Museum of Science and History Advisory Board Mayor McComb referred to board and committee appointments. The following appointments were made: Corpus Christi Business and Job Development Corporation Council Member Smith made a motion to reappoint Randy L. Maldonado and Lee A. Trujillo,seconded by Council Member Garza and passed unanimously (Council Members Hunter, Lindsey-Opel, and Rubio -absent). Council Member Molina nominated Sylvia Ford. Council Member Guajardo nominated Mary Jane Garza. Council Member Garza nominated Robert Tamez. Council Member Roy nominated Chad Magill. Mayor McComb and Council Member Molina voted for Sylvia Ford; Council Member Guajardo voted for Mary Jane Garza; Council Members Garza and Smith voted for Robert Tamez; Council Member Roy voted for Chad Magill (Council Members Hunter, Lindsey-Opel, and Rubio -absent). A run-off was conducted between Sylvia Ford and Robert Tamez. Robert Tamez was appointed with Mayor McComb and Council Members Guajardo, Smith, Garza, and Roy voting for Robert Tamez and Council Member Molina voting for Sylvia Ford(Council Members Hunter, Lindsey-Opel, and Rubio- absent). Corpus Christi B Corporation Council Member Smith made a motion to reappoint Randy L. Maldonado, Leah Pagan Olivarri, and Lee A. Trujillo,seconded by Council Member Molina and passed unanimously(Council Members Hunter, Lindsey-Opel, and Rubio- absent). Council Member Garza made a motion to appoint Robert Tamez,seconded by Council Member Smith and passed unanimously(Council Members Hunter, Lindsey-Opel, and Rubio-absent). Mayor's Fitness Council Mayor McComb made a motion to reappoint Ana Paez(Healthcare/Medical Professional), Tiffany A. Montemayor(Community Outreach), Richard Torres (Youth Initiatives), and Stephen C. McMains (At-Large)and appoint Jennifer Rock(At-Large), seconded by Council Member Garza and passed unanimously (Council Members Hunter, Lindsey-Opel, and Rubio -absent). Museum of Science and History City of Corpus Christi Page 5 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 Mayor McComb made a motion to appoint Karen J. Howden (Friends of the Museum Nominee)and Christina C. Butler(Community Advocate), seconded by Council Member Garza and passed unanimously(Council Members Hunter, Lindsey-Opel, and Rubio -absent). I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 23) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. City Secretary Rebecca L. Huerta announced that Council Member Roy was abstaining on Item 16. Mayor McComb requested that Item 9 be pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Garza, seconded by Council Member Guajardo,to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 6- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Molina, Council Member Roy and Council Member Smith Absent: 3- Council Member Hunter, Council Member Lindsey-Opel and Council Member Rubio Abstained: 0 4. Resolution for the Purchase and installation of Storage Cabinets for the Corpus Christi Museum of Science and History -Sole Source Resolution authorizing a four month service agreement with Southwest Solutions Group, of Lewisville, Texas for the purchase and installation of storage cabinets for a total amount not to exceed $218,299. This Resolution was passed on the consent agenda. Enactment No: 031478 5. Four-year Service Agreement for Emergency or Disaster Response Services Motion authorizing a four-year service agreement with Garner Environmental Services, Inc. of Deer Park, Texas to secure required equipment and services in the event of an emergency or disaster for a total amount of$200,000 via General Services Administration's (GSA) Cooperative. This Motion was passed on the consent agenda. Enactment No: M2018-111 City of Corpus Christi Page 6 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 6. Resolution approving submission of a grant application for Beach Cleaning and Maintenance Resolution approving Texas General Land Office's Beach Cleaning and Maintenance Assistance Program FY 2018-2019 grant application. This Resolution was passed on the consent agenda. Enactment No: 031479 7. Four-Year Service agreement for Bio-Monitoring Testing Services for Wastewater Treatment Plants Motion authorizing a four-year service agreement with Bio-Aquatic Testing Inc., of Carrollton, Texas for bio-monitoring testing services for the wastewater treatment plants for a total amount not to exceed $173,040. This Motion was passed on the consent agenda. Enactment No: M2018-112 8. Amendment No. 1 to the Master Services Agreement for Professional Survey Services Motion authorizing Amendment No. 1 to the Master Services Agreement with Urban Engineering of Corpus Christi, Texas in the amount of $60,000 for a total restated fee of$85,000 for Professional Survey Services per year with the option to administratively renew for one additional year for a total contract price of$170,000. This Motion was passed on the consent agenda. Enactment No: M2018-113 10. Purchase of Three Trucks for Solid Waste Operations Motion authorizing the purchase of one side loading refuse truck from Rush Truck Center of New Braunfels, Texas, and two self-loading brush trucks from Houston Freightliners of Houston, Texas via HGAC and two Chassis for the trucks from Petersen Industries of Lake Wells, Florida via NJPA for a total amount not to exceed $650,394.80. This Motion was passed on the consent agenda. Enactment No: M2018-114 11. Disaster Debris Clearing, Removal and Disposal Services Motion authorizing a two-year service agreement to provide disaster City of Corpus Christi Page 7 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 debris clearing, removal and disposal services with TFR Enterprises, Inc., of Leander, Texas for$168,893,230, with two two-year options for a total potential multi-year amount of$506,679,690. This Motion was passed on the consent agenda. Enactment No: M2018-115 12. Two-year Service Agreement for Storm Debris Removal Monitoring and Consulting Services Motion authorizing a two-year service agreement to provide storm debris monitoring and consulting services with Thompson Consulting Services, LLC, of Lake Mary, Florida for$871,875, with two two-year options for a total potential multi-year amount of$2,615,625. This Motion was passed on the consent agenda. Enactment No: M2018-116 13. Master Agreement - Municipal Lease Line of Credit Motion approving a two-year Master Lease-Purchase Financing Agreement with JPMorgan Chase Bank, N.A. of Chicago, Illinois for an estimated expenditure of$11,883,665, with three additional options for one-year periods. This Motion was passed on the consent agenda. Enactment No: M2018-117 14. Second Reading Ordinance - Rezoning property at or near 1752 Flour Bluff Drive (1st Reading 7/17/18) Case No. 0518-02 Siecoast Development, Inc.: Ordinance rezoning property at or near 1752 Flour Bluff Drive from "RM-1" Multifamily 1 District to the "CN-1" Neighborhood Commercial District. Planning Commission and Staff Recommendation (May 30, 2018): Approval of the change of zoning from the "RM-1" to the "CN-1". This Ordinance was passed on second reading on the consent agenda. Enactment No: 031481 15. Second Reading Ordinance - Rezoning property at or near 4549 Violet Road (1st Reading 7/17/18) Case No. 0518-03 Elaine Pittman and James Massur: City of Corpus Christi Page 8 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 Ordinance rezoning property at or near 4549 Violet Road from "RS-6" Single-Family 6 District to the "RV" Recreational Vehicle Park District. Planning Commission and Staff Recommendation (May 30, 2018): Approval of the change of zoning from the "RS-6" to the "RV". This Ordinance was passed on second reading on the consent agenda. Enactment No: 031482 17. Second Reading Ordinance -Accepting and appropriating grant funds for the purchase of body cameras for the Police Department (1st Reading 7/17/18) Ordinance accepting $156,000 from State of Texas, Office of the Governor Edward Byrne Memorial Justice Assistance Grant for purchase of body cameras with a City cash match of$39,000; and appropriating $156,000 in the Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031484 18. Second Reading Ordinance -Accepting and appropriating the Edward Byrne Memorial Justice Assistance Grant within the Police Department(1st Reading 7/17/18) Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of$167,457 for FY 2017 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $167,457 in the Police Grants Fund to fund enhancement of law enforcement efforts with 50% funds distributed to Nueces County per interlocal agreement. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031485 19. Second Reading Ordinance -Accepting and appropriating grant for Internet Crimes Against Children (ICAC) Task Force Program wihtin the Police Department (1st Reading 7/17/18) Ordinance authorizing acceptance of grant from Office of the Attorney General for Internet Crimes Against Children (ICAC) Task Force program, in amount of$10,010 for the ICAC program within the Police Department; and appropriating the $10,010 in Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Page 9 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 Enactment No: 031486 20. Second Reading Ordinance - Partial utility easement closure located at 4030 Giants Drive (1 st Reading 7/17/18) Ordinance abandoning and vacating 7-feet (420-square feet) of an existing 15-foot utility easement out of Lot 19, Block 3, Manhattan Estates Unit 4 Subdivision, located at 4030 Giants Drive and requiring the owner, Richard Ocanas, to comply with the specified conditions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031487 21. Second Reading Ordinance - 2018 Que Bueno Taco Festival Agreement (1st Reading 7/17/18) Ordinance authorizing an agreement with Corpus Christi PATCH, Inc. to allow use of Artesian Park and portions of Taylor, Mesquite, Starr and Chaparral Streets for the Que Bueno Taco Festival and related activities on September 15, 2018. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031488 22. Second Reading Ordinance -Appropriating $550,000 for Selena Auditorium elevator modernization project (1st Reading 7/17/18) Ordinance appropriating $550,000 from the unreserved fund balance of the Hotel Occupancy Tax Fund for modernization of elevators at the Selena Auditorium; and amending the FY18 operating budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031489 23. Second Reading Ordinance -Appropriating $500,000 from Worker's Compensation Reserve Fund Balance for higher-than-actuarially-calculated worker's compensation costs (1st Reading 7/17/18) Ordinance appropriating $500,000 from the Reserved Fund Balance in the Workers' Compensation Fund for payment of higher-than-actuarially calculated workers compensation costs and amending the FY17-18 Budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031490 City of Corpus Christi Page 10 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 16. Second Reading Ordinance Adopting the City of Corpus Christi's Proposed FY2018-2019 Consolidated Annual Action Plan (1st Reading 7/17/18) Ordinance adopting the fiscal year (FY) 2018-2019 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs funding from the United States Department of Housing and Urban Development (HUD) and authorizing the City Manager or designee to execute all documents necessary to submit the CAAP, accept and appropriate funding for the approved CAAP projects and further execute funding agreements, amendments or other documents necessary to implement the FY2018-2019 CAAP with organizations for approved projects. Mayor McComb referred to Item 16. Council Member Roy abstained from this item. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Guajardo. This Ordinance was passed on second reading and approved with the following vote: Aye: 5- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Molina and Council Member Smith Absent: 3- Council Member Hunter, Council Member Lindsey-Opel and Council Member Rubio Abstained: 1 - Council Member Roy Enactment No: 031483 9. Resolution Approving Construction Contracts for Residential Street Rebuild Program (RSRP) Bond 2016 Resolution rejecting bids and authorizing construction contracts with A. Ortiz Construction & Paving, Inc., of Corpus Christi, Texas in the amount of$4,570,000 for Base Bid Part 1 and with J. Carroll Weaver, Inc., of Sinton, Texas in the amount of$4,390,000 for Base Bid Part 2 for the Bond 2016 Residential Street Rebuild Program Project. Mayor McComb referred to Item 9. Executive Director of Public Works Valerie Gray stated that the purpose of this item is authorize construction contracts with A. Ortiz Construction &Paving, Inc. and J. Carroll Weaver, Inc.for the Bond 2016 Residential Street Rebuild Program Project. There were no comments from the public. Council members spoke regarding the following topics:the significance of this action to move forward in addressing residential streets; the bidder participation; and results of the program. Council Member Lindsey-Opel made a motion to approve the resolution, City of Corpus Christi Page 11 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 seconded by Council Member Molina. This Resolution was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza Jr., 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: 031480 M. PUBLIC HEARINGS: (ITEM 24) 24. Special Permit Time Extension for a property at or near 7442 Wooldridge Road Case No. 0618-01 Dorsal Development, LLC.: Ordinance granting a time extension of the "RM-1/SP" Multifamily 1 District with a Special Permit on a property at or near 7442 Wooldridge Road. Planning Commission and Staff Recommendation (June 13. 2018): Approval of the requested Special Permit time extension for a period of 6 months. Mayor McComb referred to Item 24. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to allow for a time extension of the approved Special Permit adopted in May 2016 to develop a 360-unit apartment complex. The applicant is requesting the extension of the Special Permit due to difficulties obtaining financing and a shortage of available contractors as a result of Hurricane Harvey. Miguel Saldana, representative for the applicant,spoke in support of the time extension for the Special Permit. Council members and staff discussed the following topics:the screening and buffering requirements;the conditions of the Special Permit; the public not being notified of conditions applied to zoning cases; the property owner's responsibility to maintain landscaping; and the number of Special Permit extensions that are allowed. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza Jr., Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith City of Corpus Christi Page 12 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 Absent: 1 - Council Member Rubio Abstained: 0 N. REGULAR AGENDA: (ITEMS 25 - 26) 25. Change Order No. 12 for O.N. Stevens Water Treatment Plant High Service Building No. 3 (Capital Improvement Program) Motion authorizing Change Order No. 12 with PLW Cadagua Partners of The Woodlands, Texas in the amount of$300,000 for the O.N. Stevens Water Treatment Plant High Service Building No. 3. (Capital Improvement Program - CIP) Mayor McComb referred to Item 25. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to authorize Change Order No. 12 with PLW Cadagua Partners for the O.N. Stevens Water Treatment Plant High Service Building No. 3. This action is required to perform immediate repairs to the chlorine evaporator piping. There were no comments from the public. Council members and staff discussed the following topics: alternatives to chlorine disinfectant; replacement of the current system; and maintenance and inspection of the piping. Council Member Garza made a motion to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza Jr., 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: M2018-118 26. 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). Mayor McComb referred to Item 26. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to authorize two construction contracts with ABBA Construction LLC and Mako Contracting for Community City of Corpus Christi Page 13 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 Park Development and Improvements at Bill Witt Park. There were no comments from the public. Council members and staff discussed the following topics:the list of parks included in Bond 2012; maintenance issues at Billish Park;that all agreements for the lease or operation of parks require that the lessee comply with City codes and maintenance; and a process for awarding funds from the Community Enrichment Fund for park improvements to communities that are part of the Adopt-A-Park Program. Council Member Garza made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza Jr., 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: M2018-1109 O. FIRST READING ORDINANCES: (ITEMS 27 -30) 27. First Reading Ordinance -Accepting and appropriating developer contributions, other donations and interest earnings for park improvements Ordinance to accept and appropriate $846,228.34 in developer contributions, other donations and interest earnings in the Community Enrichment Fund for park improvements. Mayor McComb referred to Item 27. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to accept and appropriate funds received from developer contributions, other donations and interest earnings in the Community Enrichment Fund for park improvements. There were no comments from the public. Council members and staff discussed the following topics: review of the policy to use Community Enrichment Funds; the process for awarding funds for park equipment to communities that are part of the Adopt-A-Park program and prioritizing request for funding; if the proceeds from the sale of Mount Vernon Park are included in the revenue; that approval of this item will only appropriate the funds in the Community Enrichment Fund and will not allocate funds to a specific project; and the total balance of Community Enrichment Funds. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 14 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 Aye: 8- Mayor McComb, Council Member Garza Jr., 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 - Lease Agreement for Tom Graham Park Ordinance authorizing a five-year lease with an option to extend for an additional five year term with Grow Local South Texas, Inc. for use of Tom Graham Park at 3914 Up River Road for a public gardening program. Mayor McComb referred to Item 28. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to authorize a five-year lease with an option to extend for an additional five-year term with Grow Local South Texas, Inc.for the use of Tom Graham Park. There were no comments from the public. Council members and staff discussed the following topics: Grow Local South Texas, Inc.'s participation in the Adopt-A-Park program; and the terms of the lease requiring Grow Local South Texas, Inc.to provide trees to be planted in the City's parks system. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza Jr., 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 - Exemption from the Wastewater Lot or Acreage Fees for Water's Edge at Kitty Hawk Unit 2 Ordinance exempting Water's Edge at Kitty Hawk Unit 2, located south of South Staples Street and west of Kitty Hawk Drive, from the payment of the wastewater lot or acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Mayor McComb referred to Item 29. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to exempt Kitty Hawk Development, Ltd., property owner of the Water's Edge at Kitty Hawk Unit 2, from the payment of wastewater lot or acreage fees in the amount of $24,388.20. There were no comments from the public. Council members and staff discussed the following topics:the decision by City of Corpus Christi Page 15 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 previous City Councils to not extend wastewater service across Oso Creek; substantial developments south of the Oso that are on septic systems; irrigation of lots with septic systems and its impact on swimming pools;the trust fund to reimburse developers for extending wastewater to their subdivisions; and support of reviewing the wastewater master plan for the area. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza Jr., 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 30. First Reading Ordinance -Adopting Downtown Vacant Building Regulations Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations including registration; and Providing for penalties. This Ordinance was withdrawn. P. FUTURE AGENDA ITEMS: (ITEMS 31 - 33) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff had no planned presentations. 31. Professional Services Contract for Programmed Water Line Service Life Extension Indefinite Delivery/ Indefinite Quanitity Program (Capital Improvement Program) Motion executing a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount of$350,510 for Programmed Water Line Service Life Extension Indefinite Delivery / Indefinite Quantity (IDIQ) Project. (Capital Improvement Program) This Motion was recommended to the consent agenda. 32. Resolution approving submission of five traffic safety improvement projects for Highway Safety Improvement grants (Bond 2016, TxDOT Participation) Resolution supporting the submission of multiple project proposals for Texas Department of Transportation Highway Safety Improvement Program grants for traffic signals. This Resolution was recommended to the consent agenda. City of Corpus Christi Page 16 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 33. Three Supply Agreements for Purchase of Tires for Fleet Maintenance Motion authorizing three, one-year supply agreements for the purchase of Goodyear tires from Goodyear Tire and Rubber Co. of Corpus Christi, Texas; Pursuit tires from GCR Tire and Service of Corpus Christi, Texas; and, Dunlop tires from Southern Tire Mart of Corpus Christi, Texas via BuyBoard cooperative for a total amount not to exceed $272,376.85. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (NONE) R. EXECUTIVE SESSION: (ITEMS 34 - 36) Mayor McComb referred to Executive Session Items 34 and 36. The Council went into executive session at 3:34 p.m. The Council returned from executive session at 4:57 p.m. 34. 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 owned by the City within the City of Corpus Christi at Cabra Park and property or adjacent to 1324 W. Broadway, Penn Place Park and property at or adjacent to 4302 Aaron, Congress Park and property at or adjacent to 4017 Capitol, Creekway Park and property at or adjacent to 7306 Prairie, property at or adjacent to 926 St. Bernard, and property at or adjacent to 6099 Ennis Joslin and/or 6053 Ennis Joslin, and/or other miscellaneous properties in the City limits owned by the City 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. 36. 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 Consulting Services Agreement between the City of Corpus Christi and the Corpus Christi Convention & Visitor's Bureau, the provision of economic development assistance by/through said entity to business prospect(s), and state law restrictions on the use of hotel occupancy funds, and Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information relating to some or all of the City of Corpus Christi Page 17 Printed on 7/26/2018 City Council Meeting Minutes July 24,2018 aforementioned matters and entities that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect. 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 item was identified: an update by the Behavioral Health Center of Nueces County regarding a program related to homelessness and mental health issues. T. ADJOURNMENT The meeting was adjourned at 4:59 p.m. City of Corpus Christi Page 18 Printed on 7/26/2018 SC o� � U NOORPORPSEAGENDA MEMORANDUM 1852 Future Item for the City Council Meeting of July 24, 2018 Action Item for the City Council Meeting of July 31, 2018 DATE: July 17, 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 Dan Grimsbo, P.E., Executive Director, Utilities DanG@cctexas.com (361) 826-1718 Professional Services Contract Programmed Water Line Service Life Extension Indefinite Delivery Indefinite Quantity Program (Capital Improvement Program) CAPTION: Motion executing a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount of $350,510 for Programmed Water Line Service Life Extension Indefinite Delivery / Indefinite Quantity (IDIQ) Project. (Capital Improvement Program) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a professional services contract with Urban Engineering in the amount of $350,510 for IDIQ Project for site investigations, analysis, delivery order preparation, topographic and additional services. BACKGROUND AND FINDINGS: This is an approved Capital Improvement Plan project; Programmed Water Line Service Life Extension. CIP description: "This project provides for a strategic lifecycle program replacement and extension of the City's water distribution system (1,368 miles). The program is flexible and provides a systemic approach to extend the service life of the system while enhancing monitoring capability and water quality. Additional benefits will include increased distribution reliability with reduced service outages and reduced operational costs. A major priority of the lifecycle improvements will maximize CIP investments increasing capacity of the system and deferring unnecessary major upgrades to pump stations and plants. This program is also in response to the City's Street Preventative Maintenance Program (SPMP) and the construction is in a manner of Indefinite Delivery/Indefinite Quantity(IDIQ)delivery orders. Some work will be completed using in-house forces to save on costs where applicable." Programmed Water Line Service Life Extension - Indefinite Delivery/Indefinite Quantity (IDIQ) project provides an extensive list of repetitive type construction activities and unit prices to address a wide range of improvements to various pipe sizes, material types, depths and conditions. The Water IDIQ project has been successfully developed and executed over the last several years with overall reduced cost and time of execution. The construction IDIQ contract is planned as a multi-year contract with an undetermined number of Delivery Orders. The Delivery Orders are prepared after award and under construction almost immediately to implement major improvements, repairs and rehabilitation as needed. Each DO is based on contractor unit bid prices to determine most cost-effective solutions. Project Scope: This item provides for engineering services to prepare new bid documents and subsequent construction phase technical support services. The construction phase technical services include field investigations and analysis for preparation and implementation of Delivery Orders. Services include periodic site visits, technical responses and correspondence to contractor and miscellaneous administrative actions as needed. The Delivery Orders consist of full range of repair and replacement methodologies including open trenching, pipe bursting, horizontal drilling with new valves, fittings, fire hydrants with associated surface restoration of sidewalks, roadways, and landscaping. Each Delivery Order provides a detailed scope with site drawings, quantities, schedules and pricing. This professional services contract provides for engineering and survey services to include the following: • Bid document preparation • Delivery Order preparation • Topographic surveying • Additional technical and administrative services for construction and warranty phases ALTERNATIVES: 1. Authorize execution of a professional services contract. (Recommended) 2. Do not authorize execution of a professional services contract. (Not Recommended) OTHER CONSIDERATIONS: Urban Engineering was selected for this project as a result of RFQ 2018-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts; Conforms to FY 2017-2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Water FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 350,510 6,000,000 6,350,510 Encumbered / Expended Amount This item 350,510 350,510 Future Anticipated Expenditures This Project 5,626,000 5,626,000 BALANCE 0 374,000 374,000 Fund(s): Water Operating and Capital Comments: None RECOMMENDATION: City staff recommends approval of a professional engineering services contract with Urban Engineering in the amount of $350,510 for Programmed Water Line Service Life Extension IDIQ Project. (Capital Improvement Program) LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract PROJECT BUDGET ESTIMATE Citywide Water Distribution System Indefinite Delivery Indefinite Quantity Program (Capital Improvement Program) PROJECT FUNDS AVAILABLE: Water Operating Funds............................................................................................ 350,510 Water Capital Funds................................................................................................... 6,000,000 TOTAL FUNDS AVAILABLE 6,350,510 FUNDS REQUIRED: Construction Fees:......................................................................................................... 5,100,000 Construction......................................................................................... 5,100,000 Construction Inspection and Testing Fees:......................................................................... 225,000 Construction Inspection(estimate) ........................................................... 210,000 Construction Phase-Materials Testing Services(estimate) ........................... 15,000 Design and Survey Fees:................................................................................................ 350,510 Engineer(Urban Engineering)THIS ITEM . 350,510 Reimbursements:.......................................................................................................... 301,000 Contract Administration(Eng. Svcs Admin/Finance/Capital Budget)................. 120,000 Engineering Services(Project Mgt)........................................................... 180,000 Misc. (Printing,Advertising, etc.).............................................................. 1,000 TOTAL 5,976,510 ESTIMATED PROJECT BUDGET BALANCE 374,000 N SCALE: N.T.S. CITYWIDE PROJECT o � NUECES BAY 0 81 N A A CORPUS CHRISR 1 q IIDYNO Y � CIMII M caRPtn cxtesn BAY e' i OSO BAY M xwi mmN FLOUR BWFF LAGUNA WORE GULF OF MDOCO LOCATION MAP NOT TO SCALE Project Number: E18094A Programmed Water Line Service Life CITY COUNCIL EXHIBIT Extension Indefinite Delivery / Indefinite CITY OF CORPUS CHRISTI,TEXAS Quantity Program DEPARTMENT OF ENGINEERING SERVICES Corpus Chr s Engineering Programmed Water Line Service Life Extension Indefinite Delivery Indefinite Quantity (IDIQ) Program Council Presentation July 24, 2018 Project Location Corpus Chr sti Engineering CITYWIDE WATER DISTRIBUTION SYSTEM INDEFINITE DELIVERY INDEFINITE QUANTITY PROGRAM N SCALE:N.T.S. C70 � oaam a Project Scope Corpus Chr sti Engineering This professional services contract provides for engineering and survey services for Programmed Water Line Service Life Extension IDIQ to include the following: ✓ Bid document preparation ✓ Delivery Order preparation (DO) ✓ Topographic surveying ✓ Additional technical & administrative services for construction phase • The IDIQ provides "real-time" engineering and construction for major improvements, repairs and rehab for the City's1,368 miles of existing pipe • DO are based on the contractor's unit bid prices to determine most cost-effective solutions This program also supports the City's Street Preventative Maintenance Program (SPMP) Project Schedule &�4- ) Carpus Chr sti Engineering 2018� 2019 2020 2021 JASOND JF MAMJJAS0NDJFMAMJJAS0NDJFMAMJJ Engineering Service Construction Project Estimate: 36 Months Projected schedule reflects City Council award in July 2018 with construction completion by July 2021 l Corpus Chr'sti rngin.ering Questions? 5 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18094A - Citywide Water Distribution System IDIQ 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 Urban Engineering, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas 78404 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS.................................................10 EXHIBITS Contract for Professional Services Page 1 of 12 ARTICLE I –SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A;;Ad A- 4—It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 2 of 12 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $350,510.00 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Contract for Professional Services Page 3 of 12 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDERTHE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 Contract for Professional Services Page 4 of 12 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Contract for Professional Services Page 5 of 12 Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Contract for Professional Services Page 6 of 12 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the Contract for Professional Services Page 7 of 12 documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed Contract for Professional Services Page 8 of 12 diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services Page 9 of 12 ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you Contract for Professional Services Page 10 of 12 need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI URBAN ENGINEERING JJ dJ—`` Jeff H. Edmonds, P.E. Date Jim L. n, P.E. ate Director of Engineering Services 2725 Swantner Drive Corpus Christi TX 78404 (361) 854- 3101 Office jimu@urbaneng.com APPROVED Assistant City Attorney Date Contract for Professional Services Page 11 of 12 ATTEST City Secretary Date Fund Accounting Unit Account Activity No. Amount Name No. Water O&M 4010-31520-041 550950 18094A4010EXP $350,510.00 Total $350,510.00 Contract for Professional Services Page 12 of 12 URBAN ENGINEERING Job No.: 33760.138.00 May 30, 2018 TRANSMITTED VIA EMAIL Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Subject: Fee Proposal for City-Wide Water Distribution System - ID/IQ Program (2018) Dear Jeff: In response to the recently completed City RFQ No. 2018-01, we are proposing the following scope of work for the Group B, Item 9 - City-Wide Water Distribution System (IDIQ) Program. The scope includes preparation of delivery orders and topographical surveying tasks under the current contract with the City's water IDIQ contractor. The scope also includes additional services for undefined A/E services related to the Water IDIQ program. To assist the City with these tasks we propose to provide engineering services as outlined below. I. SCOPE OF SERVICES: A. Delivery Order Preparation Services The A/E will move directly into the delivery order preparation phase to continue preparing delivery orders under the City's current IDIQ construction contract, as authorized by the City. The services include the following: a. A/E will perform site visits, review inspection reports, repair reports and meet with City to identify water distribution system issues and the possible rehabilitation options. b. A/E will submit a "draft" version of each non-emergency delivery order for the City's review and comment prior to issuing the final delivery order. c. Delivery orders will include a short narrative of the expected work for each site, a site exhibit depicting work location, quantities, and rehabilitation methods, a utility base map identifying all known utilities in the area, an engineers estimate, and any other reference material that may aid the Contractor during construction including inspection reports, City work orders, old plans, etc. d. Review field and laboratory tests. (361)854-3101 2725 SWANTNER DRIVE CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Finn#145 T13 PLS Finn#10032400 EXHIBIT A Page 1 of 3 e. 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. f. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. g. Prepare draft change orders as authorized by the City (coordinate with the City's construction division). h. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. B. Topographic Surveying Services a. Topographic surveys will be required on some delivery orders where horizontal and/or vertical control is critical for the design and construction of the proposed improvements and to avoid potential conflicts or to confirm to proposed slopes, etc. b. The Topographic Survey allowance is based on two (2) 8-hr days of (2-man) field crew work and office time per site and has been estimated for approximately four (4) to six (6) sites. C. Additional Services Other required A/E task related to Water IDIQ, including but not limited to: additional topographic survey, design phase services, bid phase services, construction phase services, warranty phase, construction administrative support and preparation of delivery orders. These additional tasks will require a Task Order that will be negotiated individually, either on T&M or Lump-Sum basis, whichever makes most sense. II. SCHEDULE: The schedule for the services listed below will be determined based on the City's needs under the IDIQ construction contract. III. FEE: For services authorized by the Director of Engineering Services, the City will pay the A/E a not- to-exceed fee as per the table below. Summary of Fees Original Amend. Total Contract No. 1 A. Delivery Order Preparation $242,250 B. Topographic Surveying $20,250 C. Additional Services $88,010 Total Fee $3505510 Notes: 1.)The delivery order fee will be determined and billed, at rates shown in the Compensation Table below, as the final delivery orders are issued to the Contractor. 2.) If the City requires additional services under this contract the tasks will require a Task Order that will be negotiated individually, either on T&M or Lump-Sum basis,whichever makes most sense. Page 2 of 3 EXHIBIT A Page 2 of 3 The following compensation table will be used to determine the Delivery Order fee; COMPENSATION TABLE Construction Cost of Delivery Order A/E Fee $0 to $30,000 $3,750 (Flat Rate) $30,000 to $100,000 10.0% $100,000 to $150,000 6.25% $150,000 to $250,000 5.5% $250,000 to $350,000 5.0% Over $350,000 4.75% Example: If the delivery order is estimated to be $425,000 then the fee for preparation of the delivery order would be as follows: Fee = $425,000 x 4.75% = $20,190 The proposed fee of $242,250 (see Item 1 in Table above) will cover approximately 12 delivery orders of$425,000 for a total construction budget of approximately $5,100,000. If the above is acceptable, please prepare an AE Contract for signatures. Should you have any questions please let me know. Sincerely, URBAN ENGINEERING J. Douglas McMullan, P.E. JDM/ Enclosures xc: Alex Barabanov, P.E. — Major Projects Engineer, Engineering Services w/encl. via email Page 3 of 3 EXHIBIT A Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 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). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 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 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS 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 Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS 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 as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS 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 is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS 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. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS 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 ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS 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. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related 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 D 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. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS 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. 5. 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 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS 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. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS 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 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS 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. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS 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 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 i 00 30 05 City of Corpus Christi Disclosure of Interest SUPPLIER NUMBER TO BE ASSIGNED BY TITS PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to 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: Urban Engineering P. O.BOX: STREET ADDRESS: 2725 Swantner CITY: Corpus Christi ZIP: 78404 - 2832 FIRM IS: I. Cor oration 2. PartnershipX 3. Sole Owner El 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Job Title and City Department(if known) NIA NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title NIA NIA 3. State the names of each"board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Board,Commission or Committee NIA 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 NIA NIA City of Corpus Christi EXHIBIT "E" Disclosure of Interest Page I of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public 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 1 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: James L. Urban, P. E. Title: Authorized Representative (Type or Print) } Signature of Certifying Date: Person: �r� � June 28, 2018 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. City of Corpus Christi EXHIBIT "E" Disclosure of Interest Page 2 of 2 SC 0 E v AGENDA MEMORANDUM NCDRPOPASEFuture Item for the City Council Meeting of July 24, 2018 1852 Action Item for the City Council Meeting of July 31, 2018 DATE: July 18, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 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 Andres Leal, Jr, P.E., Director of Street Operations andyl@cctexas.com (361) 826-1957 Highway Safety Improvement Program Grant Application (Bond 2016, TxDOT Participation) CAPTION: Resolution supporting the submission of multiple projects for the Texas Department of Transportation Highway Safety Improvement Program. PURPOSE: This resolution provides City Staff approval for submission of five traffic safety improvement projects as joint City/Texas Department of Transportation (TxDOT) participation projects. BACKGROUND AND FINDINGS: The purpose of the Highway Safety Improvement Program (HSIP) is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned roads and roads on Tribal land. The HSIP provides State/Federal funding for qualified safety projects with a 90/10 participation for construction only (TxDOT/City respectively). TxDOT's Traffic Operations Division (TRF) requests and accepts project proposals for approximately $300 million state-wide for the State's fiscal years of 2019, 2020, 2021 and 2022. The grant submission is due to TxDOT by August 15, 2018. City staff has identified a total of five (5) highway safety improvement projects that qualify for the HSIP on City arterial intersections. The locations are based on traffic crashes reported over the past three (3)years 1 (2015-2017). The five individual applications (projects) are independent and contingent upon HSIP award with local matching funds. The HSIP qualifying improvements include: Traffic Signals upgrades, Interconnectivity of Traffic Signals, Pedestrian Signals upgrades including new Flashing Yellow Arrows and other miscellaneous improvements. The five proposed projects are at the following locations: • Intersection of Staples Street and Holly Road • Multiple intersections along Horne Road from Port Avenue to Ayers Street • Intersection of Tarlton Street at Port Avenue • Multiple intersections along Airline Road from Ocean Drive to McArdle Road • Intersection of Up River Road and Suntide Road The grant is only for construction. The City is responsible for design and engineering costs. The total HSIP project construction cost is estimated at $2,531,250. TxDOT share is $1,822,500 and City match of $202,500. Additional City engineering & administration is approximately$506,250. The City's total match of$708,750 is programmed in the Bond 2016 TxDOT Participation Funds. On February 26, 2018, the Transportation Advisory Commission recommended approval of the proposed HSIP projects. ALTERNATIVES: 1. Approve resolution in support of project proposals. (Recommended) 2. Do not approve resolution in support of project proposals. (Not recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Engineering Services, Street Operations. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends approval of the resolution. 2 LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Presentation 3 Resolution supporting the submission of multiple project proposals for Texas Department of Transportation Highway Safety Improvement Program grants for traffic signals. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi City Council hereby supports the submission of five project proposals to the Texas Department of Transportation for Highway Safety Improvement Program (HSIP) grant funding to improve and interconnect traffic signals, citywide. SECTION 2. The City Manager or designee is authorized to execute all documents necessary to submit project proposals to the Texas Department of Transportation Highway Safety Improvement Program (HSIP) for funding of five projects in an amount of up to $2,531,250. That the foregoing resolution was read and passed on this the day of 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 12018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Carpus Chr sti Engineering Highway Safety Improvements Program (HSIP) Grant Application Bond 2016, TXDOT Participation Council Presentation July 24, 2018 HSIP Grant Application Corpus Chr sti Engineering • Program Focus - transportation improvement projects: ✓ Achieve reduction in number of fatalities/serious injuries ✓ Provides State/Federal funding for qualifying projects • Funded Improvements can include: ✓ Replace/upgrade traffic signals ✓ Add signals connectivity(Improved corridor traffic flow) ✓ Improve pedestrian signalization ✓ Safety lighting at intersections • Texas Department of Transportation (TxDOT) ✓ Advertises&awards projects • 5 Projects identified: ✓ Based on traffic crashes reported over past 3 years ✓ Arterial intersections 2 HSIP Grant Application Corpus Chr sti Engineering • Funds cover: ✓ 90/10%cost share by State and City ✓ Construction only ✓ Does NOT cover design or overhead costs • Anticipated Costs (if awarded): ✓ Construction cost estimate-$2.5M • TxDOT-$1.SM(90% share) • City-$202,500(10% share-Bond 2016,TxDOT Participation) ✓ Engineering&Administration costs • City-$506,250(Bond 2016,TxDOT Participation) Location Map Carpus ChFst Engineering TARLTON STREET NAMNAVILLE P RIVER ROAD INIERSECDON AT PW AVENUE N MON AT SUNIME ROPD SCALE:N.T.S. see HORNE ROAD BETWEEN PORT AVENUE Am AVERS SIREEr ::OR�US CHH'S SAY i AIRLINE ROAD BETWEEN 6CrAN ORNE B MdRDU:ROAD iExwa raw u Y ween p I� Flm ,y OSO BAYO w,vw an s7A—Mw_ �✓ F STAPLES STREET FLOUR BLUFF HIERSECTION AT HOLLY ROAD f SO 0 ,1 4 Carpus Chr sti Engineering Questions? OPPATIOUS o- w+xs wwr co F NUECES BAY 181 UP RIVER ROAD INTERSECTION AT SUNTIDE ROAD N SCALE: N.T.S. q CORPUS SHIP CHANNEL AERIAL FLOWN 2014 ANNAVILLE CHRISTI g a TARLTON STREET V EOPAR Q INTERSECTION AT PORT AVENUE a HORNE ROAD BETWEEN a 0 288 PORT AVENUE AND AVERS STREET 358 oo CORPUS CHRISTI BAY a ° z � 9 Q AIRLINE ROAD m s, BETWEEN 0 3� M�Roc co���y COs OCEAN DRIVE & McARDLE ROAD F 'gyp A° (jam° TEXAS A&M UNIVERSITY CORPUS CHRISTI �Q 358 Z �To�g3�0 �� M�RocF o CABANISS Z OSO BAYCORPUS CHRISTI FIELD �� a NAVAL AIR STATION STAPLES STREET �o°° FLOUR BLUFF INTERSECTION AT HOLLY ROAD 358 °RST z 288 OS OwN � 0 op�t� a OHO °�02 04' 3a' �P LAGUNA MADRE HIGHWAY SAFETY IMPROVEMENT PROGRAM CITY COUNCIL EXHIBIT LOCATION MAP CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF STREET OPERATIONS VOQ SC AGENDA MEMORANDUM Cqq PO PFuture Item for the City Council Meeting of July 24, 2018 hPSE 1852 Action Item for City Council Meeting of July 31, 2018 DATE: July 31, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management iimd(a�cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 132(acctexas.com (361) 826-3169 Three One-Year Supply Agreements for Purchase of Tires for Fleet Maintenance CAPTION: Motion authorizing three one-year supply agreements for the purchase of Goodyear tires from Goodyear Tire and Rubber Co. of Corpus Christi, Texas; Pursuit tires from GCR Tire and Service of Corpus Christi, Texas; and, Dunlop tires from Southern Tire Mart of Corpus Christi, Texas via BuyBoard cooperative for a total amount not to exceed $272,376.85. PURPOSE: This item is to approve the purchase of tires from Goodyear Tire and Rubber Co - $96,709.65, GCR Tire and Service - $52,621.20, and Southern Tire Mart - $123,046.00. BACKGROUND AND FINDINGS: The purchase of the tires from Goodyear Tire and Rubber Co. are to equip the Crown Victoria marked units, Ford marked unit sedans, and Tahoe marked units and other utility vehicles. Pursuit rated tires offered by GCR Tire and Service, are a necessity when operating marked police units on patrol for the City of Corpus Christi Police Department. Due to the extreme nature of the demands placed on these tires, a tire that is both constructed and formally pursuit rates is the only tire acceptable to be used in marked police unit service. Paramount to the design of these tires are high speeds, handling and performance. Pursuit tires are designed and engineered to specifically handle the demanding rigor of law enforcement services. The purchase of tires from Southern Tire Mart are to equip both five-yard and 12-yard dump trucks. The Purchasing Division utilized the Buyboard cooperative for these procurements. Contracts awarded through the cooperatives have been competitively procured to assist with compliance with Texas local and state procurement requirements. The Purchase Division also compared several cooperatives to obtain the best price for the City. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Fleet Maintenance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $3,191,731.00 $204,282.64 $3,396,013.64 Encumbered / Expended Amount $1,907,240.78 .00 $1 ,907,240.78 This item $68,094.21 $204,282.64 $272,376.85 BALANCE $1 ,216,396.01 .00 $1 ,216,396.01 Fund(s): Fleet Maint. Svc. Comments: The initial contract is for an amount not to exceed $272,376.85 for 12 months, with an estimated expenditure of$68,094.21 funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreements CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION TIRES FOR FLEET BUYER: MINERVA ALVARADO BuyBoard Contract# 553-18, GOODYEAR Commerical 553-25, 553-148, 553-984, 553-116, Tire &Service Center 553-1506 Corpus Christi, Texas ITEM DESCRIPTION QTY UNIT UNIT EXTENDED PRICE PRICE GY 235/55R17 EAG RSA VSB 137 EA $105.00 $14,385.00 1. TIRES GY 245/55R18 EAG RSA VSB 379 EA $134.09 $50,820.11 2. TIRES GY 205/60R16 EAG SPORT AS 13 EA $78.32 $1,018.16 3. TIRES GY 225/70R15 WRL SRA 100S 32 EA $90.75 $2,904.00 4. OWL TIRES GY 225/50R17 EAL SPORT AS 58 EA $95.96 $5,565.68 5. TIRES GY 225/70R19.5 G622 RSD TL 90 EA $244.63 $22,016.70 6. TIRES $96,709.65 BuyBoard Contract# 553-18 GCR Tires& Service Corpus Christi, Texas ITEM DESCRIPTION QTY. UNIT UNIT EXTENDED PRICE PRICE 1 FS P265/60R17 FH GTV PURSUIT 423 EA $124.40 $52,621.20 TIRES $52,621.20 BuyBoard Contract# 553-18 Southern Tire Mart Corpus Christi, Texas ITEM DESCRIPTION QTY UNIT UNIT EXTENDED PRICE PRICE 1. 11 R22.5 FD 663 TIRES 374 EA $329.00 $123,046.00 $123,046.00 Total $272,376.85 mUs c.� �o w A SUPPLY AGREEMENT NO. 1714 U Tires for Fleet Maintenance yaeaoRp 1852 THIS Tires for Fleet Maintenance Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Goodyear Commercial Tire & Rubber Co. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide tires for Fleet Maintenance in response to Request for Bid No. N/A ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Tires for Fleet Maintenance in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $96,709.65, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Benjamin Sanchez Fleet Maintenance 361 .826.1959 BenjaminSCcctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. The City must be named as an additional insured on automobile policies. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If prompt correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional reasonable costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, and will receive the full benefit of the manufacturer's applicable standard warranty for such products. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from Supply Agreement Standard Form Page 2 of 7 ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay applicable 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: Supply Agreement Standard Form Page 3 of 7 IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Assistant Parts Foreman 5352 Ayers, Building 3B, Corpus Christi, Texas 78415 361 .826.1959 Fax: 361 .826.4394 IF TO SUPPLIER: Goodyear Commercial Tire and Rubber Co. Attn: Ronnie Villarreal Commercial Tire Consultant 1 134 S. Navigation Blvd., Corpus Christi, Texas 78405 361 .289.8251 Fax: 361 .289.7774 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, REASONABLE ATTORNEYS' FEES AND EXPERT WITNESS FEES, TO THE EXTENT THAT THEY ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT BY SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL REASONABLE CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, either party may terminate this Agreement for convenience upon 30 days advance written notice to the other party. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the Supply Agreement Standard Form Page 5 of 7 company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all applicable federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 w i I SUPPLIER The Goodyear Tire&Ru erCompany s�cr� 1 < H=E J Signature: r Printed Name: Brent B.Strandberg Title: General Manager Operations,Goodyear Commercial Tire&Service Centers Date: S' CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: APPROVED AS TO 'LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. N/A Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Attachment A: Scope of Work New tires will be ordered on an as needed basis 1 . Contractor will deliver new Goodyear tires - P235/55R 17, P245/55R 18, P205/60R 16, 225/70R 15, 225/50R 17, 225/70R 19.5 2. Contractor shall maintain stock in sufficient amount and sizes of tires to supply the reasonable demands of the City 3. Contractor shall have five hours to deliver the tires if the order is placed before 1 lam 4. Contractor shall have 24 hours to deliver the tires if the order is placed after 1 lam 5. Contractor shall deliver tires between the hours of 8am - 5pm 6. Tires will be delivered to the City Garage, City Service Center, at 5352 Ayers St., Corpus Christi, Texas 78415 7. Contractor shall provide an invoice when tires are delivered Attachment B: Bid/Pricing Schedule The Goodyear Tire&Rubber Company �O�D�YEA THE GOODYEAR TIRE & RUBBER CO. 1134 S NAVIGATION BLVD COMMERCIAL TIRE&SERVICE CENTERS CORPUS CHRISTI, TX 78405 QUOTE NO. www.goodyearctsc.com 361-289-8251 Fax 361-289-7774 M--039-1160232-- *** PRICE ESTIMATE *** QUOTE *** DO NOT PAY! *** *** PRICE ESTIMATE *** QUOTE *** DO NOT PAY! *** 330250-0001 PAGE 01 CITY OF CORPUS CHRISTI QUOTE DATE: 04/26/2018 PO BOX 9277 PICKED UP AT SHOP FLEET MAINT LOCATION/SREP: 039/HSE CORPUS CHRISTI , TX 78469-9277 APPROVAL NUM : G0005722 361-826-3160 2018-04-30 14 . 05.51 RV CLERK: *** TECH: *** QUANTITY PRODUCT NO. DESCRIPTION FET UNIT PRICE A AMOUNT LINE# *** NOT A SALES/DELIVERY DOCUMENT, ESTIMATE FOR PRICING ONLY X*** Doi *** PRICE EXPIRATION DATE: 2018-05-26 *** 002 003 QUOTE FOR THE CITY OF CORPUS 004 COOP # 3199 005 BUYBOARD CONTRACT# 553-18 006 137 1501246 GY 235/55R17 EAG RSA VSB 98W S2 0 . 00* 105 . 00 14385 . 00 007 BUYBOARD CONTRACT# 553-18 008 379 1502621 GY 245/55R18 EAG RSA VSB 103V 0. 00* 134 . 09 50820 . 11 009 BUYBOARD CONTRACT# 553-25 010 13 1502870 GY 205/60R16 EAG SPORT AS 92V 0 . 00* 78 . 32 1018 .16 011 BUYBOARD CONTRACT# 553-148 012 32 1501444 GY 225/70R15 WRL SRA 100S OWL 0 . 00* 90 . 75 2904 . 00 013 BUYBOARD CONTRACT# 553-984 014 58 1502774 GY 225/50R17 EAG SPORT AS 94W 0. 00* 95 . 96 5565 . 68 015 BUYBOARD CONTRACT# 553-116 016 90 1491942 GY 225/70R19 .5 G622 RSD TL 14 0 . 00* 244 . 63 22016 .70 017 BUYBOARD CONTRACT# 553-1506 018 THANK YOU! ! 019 020 The Tire Industry Association (TIA) recommends re-torque at 50-100 miles . 021 022 Disposal fees may apply in some areas. 023 024 Shop supply fees cover miscellaneous materials used in servicing your 025 vehicle that do not appear elsewhere on this invoice and for profit . 026 027 Texas Scrap Tire Transporter Number: 130035 028 029 030 TERMS: SUB-TOTAL 96, 709 .65 SALES TAX (0 . 00) TOTAL AMT 96, 709 .65 No further discounts allowed. It is agreed that title to the above described property shall remain in the name of the seller until paid PAYABLE IN U.S.FUNDS for in full,and that upon default in payment,seller shall be entitled to take possession thereof without notice to the purchaser. If the total amount due is paid in full within terms,no FINANCE CHARGE will be incurred on that amount;otherwise,a FINANCE CHARGE will be computed on the previous balance after deducting payments and credit received during the current month. The FINANCE CHARGE is computed at a periodic rate of 0.82500 which is an annual percentage rate of 9.90000 Seller warrants that the tires are the size and tread design as stated above. SELLER MAKES NO OTHER WARRANTIES EITHER EXPRESS OR IMPLIED,SPECIFICALLY,SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Seller's sole obligation to Buyer for nonconforming tires shall be prorated a refund of the tire's purchase price. Seller shall not be liable for any indirect,consequential or other damages. No person is authorized to modify or waive the limitations herein,whether orally or in writing. All claims and returned goods must be accompanied by this bili. Page 1 of 1 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance 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 Auto Liability policies. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including insurance or self- $1 ,000,000 Aggregate insurance coverage: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS Pagel of 3 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions prior to the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds 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, 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Delivery of New Tires for Fleet 05/09/2018 sw Risk Management Valid Through 12/31 /2018 Bond is not required for this service. Page 3 of 3 Attachment D: Warranty Requirements Any new Goodyear highway radial auto or radial light truck tire, covered by this policy, removed form service due to a covered warranty condition during the first 2/32'' of usable tread or 12 months from date of purchase, whichever comes first, will be replaced iwth a comparable new Goodyear tire at no charge, including mounting and balancing (Without proof of purchase the date of manufacture will be used to determine eligibility. Page 1 of 1 mUs c.� �o w A SUPPLY AGREEMENT NO. 1732 U Tires for Fleet Maintenance yaeaoRp 1852 THIS Tires for Fleet Maintenance Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and GCR Tires and Service ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide tires for Fleet Maintenance in response to Request for Bid No. N/A ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Tires for Fleet Maintenance in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $52,621 .20, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Benjamin Sanchez Fleet Maintenance 361 .826.1959 BenjaminSCcctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day Supply Agreement Standard Form Page 3 of 7 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: Benjamin Sanchez Assistant Parts Foreman 5352 Ayers, Building 3B, Corpus Christi, Texas 78415 361 .826.1959 Fax: 361 .826.4394 IF TO SUPPLIER: GCR Tires and Service Attn: Bryan Salinas Commercial Tire Consultant 4859 Baldwin, Corpus Christi, Texas 78408 361 .883.5181 Fax: 361 .883.4320 17. EXCEPT TO THE EXTENT OF ANY INJURIES, DEATHS, LOSSES, DAMAGES, CLAIMS, SUITS, LIABILITIES, JUDGMENTS, COSTS, AND EXPENSES, RESULTING FROM THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY OF CORPUS CHRISTI, ITS DEPARTMENTS, AND ALL OF THEIR OFFICERS, EMPLOYEES OR AGENTS OR OTHER CONTRACTORS, SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, TO THE EXTENT THAT THEY ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL Supply Agreement Standard Form Page 4 of 7 CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Supplier's bid response (Exhibit 2). Supply Agreement Standard Form Page 5 of 7 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 26. Limitation of Liability. The total liability of any Party to this Agreement shall not include any liquidated, penalty, incidental or consequential damages of any kind. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 SUPPP Signature:` Printed Name. Title: Date: . ; m:L� -ZLI) CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. N/A Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Attachment A: Scope of Work New tires will be ordered on an as needed basis 1 . Contractor will deliver new P265/60R 17 tires 2. Contractor shall maintain stock in sufficient amount and sizes of tires to supply the reasonable demands of the City 3. Contractor shall have five hours to deliver the tires if the order is placed before 1 lam 4. Contractor shall have 24 hours to deliver the tires if the order is placed after 1 lam 5. Contractor shall deliver tires between the hours of 8am - 5pm 6. Tires will be delivered to the City Garage, City Service Center, at 5352 Ayers St., Corpus Christi, Texas 78415 7. Contractor shall provide bill of lading when tires are delivered Page 1 of 1 Attachment B: Bid/Pricing Schedule i kx-4 YNY kCi AL k Y 4 rYY 5�4-M1fi kk+T Y;A fA of tY f'.. CJFI ;�R9MIT'T',ti,_�.L PO Bo�91053f1'•�Denv��t o, 80294 (}53`0`, 6 .,�.. ., INVOICE DATEOST.NO. ORDER NO PAGE INVOICE NO. TIRES&SERVICE 04/30/18f538311 14946 1 GCR 170992 CORPUS C630TTC 4859 BALDWIN STREET COPY CORPUS CHRISTI, TX 78408-2715 (361)883--5181. Tax Id: CORPUS CHRISTI TX 78469-9277 US SOLD CITY OF CORPUS CHRISTI SHIP CITY OF CORPUS CHRISTI TO PO BOX 9277 TO PO BOX 9277 ATTENTION FLEET MAINTANCE ATTENTION FLEET MAINTANCE CORPUS CHRISTI, TX 78469-9277 (,'ORPUS CHRISTI, TX 78469-9877 PURCHASE ORDER NO. SALES PERSON PHONE SHIP VIA Q -b 1141 361-857-191 DELIVER i ITEM NO. DESCR PT ON QTY.ORDERED QTY.SHIPPED F.E.T. PRICE NET EXTENSION 023189 FS P265/60R17 FH GTV PURSUIT BI-1080 42 42 0.00 124.40 52621.20 *BUY BOARD PROPOSAL#553-18 *CDNTRACT#710; i CFiK'D AY -,_ „�DELVI D BV:_-r TIME: OUT/IN MILEAGE: OUT/IN r)c-) 0-F V' I-1 S I S P UIL-1110'7-1= SubTht Partsi 52621.20 e Cu r a c'r.TFF.perform the above written services to their vehicle. SEE INFORMATION STATEMENT OF REVERSE SIDE REGARDING CONSUMER CREDIT CONTRACT AND SECURITY AGREEMENT X PRINT NAME/AUTHORIZED SIGNATURE NOTE: In order to save all FINANCE CHARGES,the customer must pay,in full,the entire unpaid balance by the 10th of the following r '. month.F NANCE CHARGES are Computed on amounts 30 days or more past due at the PERIODIC RATE of 1.5%PER MONTH I i)V Total JG6=1. � (MINIMUM CHARGE OF$1.00)which is an ANNUAL PERCENTAGE RATE OF 18%,The above cred t terms have been set out In accord with the Truth-In-Lending requirements ofthe Federal Government and are for the customer's benefit and protection. t PAY FROM THIS INVOICE _ PO# Date Delivered:____ —_ Disposition of Take Off Tires: Your wheel components have been inspected Fleet Authorization# _Ret'd w/Driver _Ret'd w/Dealer and it has been determined your wheel components i Credit Release# _Ret'd to Customer_Ret'd for Warranty require immediate attention. Phone:______ Customer/Fleet Acct# __ Tire Replacement Reason------_ A wheel assembly has been installed. Industry Customer/Fleet Loc# guidelines require that the torque level of the wheel nuts be rechecked between 50 and 100 Vehicle Information: For ERS Information Only: miles of operation and retorqued as necessary. Hubometer ERS Work Order#__ _ Failure to do so may result in loss of this assembly. Make Odometer DOT On Tires I acknowledge receipt of wheel assembly info, Model Color DOT Off Tires ______ Vehicle#-- Lic#/State _ Trailer# Chassis# — Driver Roll Time Tire/Wheel Pos: (Signature) Container# SerialNIN#_____--- (Name PririteaF — FILE 1 Page 1 of 1 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 Pagel of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City, and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Delivery of New Tires for Fleet 05/09/2018 sw Risk Management Valid Through 12/31 /2018 Bond is not required for this service. Page 3 of 3 Attachment D: Warranty Requirements "Warranty: All new products ("Products") supplied by Supplier are subject to manufacturer's standard limited warranties as in effect at the time of delivery.As the exclusive remedy for breach of this warranty, Supplier, at its option, shall: (a) repair the Products, (b) replace the Products, or (c) refund the fees paid and attributable to the Products at issue for the then-current Period. Each casing retreaded using the Bandag° process (a "Bandag° Retread") and supplied to City by Supplier under this Agreement is subject to the provisions of the Bandag National Warranty, as in effect at the time of delivery. City will make no set-off, without the written consent of Supplier, for warranty claims or adjustments against any sum otherwise owing to Supplier, but settlement of such claims and adjustments will be in accordance with Supplier's warranty procedures then in effect. All warranty claims will be submitted to Supplier in accordance with warranty claims procedures in effect at the time of claim, unless Supplier notifies City otherwise. Supplier warrants that the services it provides ("Services") will be performed in a good workmanlike manner, with that standard of care, skill, and diligence normally provided by a similar professional in the performance of similar services in accordance with applicable specifications and industry standards. As the exclusive remedy for breach of this Services warranty, Supplier, at its option, shall: (a) correct or re- perform any Service that is in breach of the warranties expressed herein or (b) refund the fees paid and attributable to the Services at issue. OTHER THAN THE WARRANTIES STATED IN THE AGREEMENT, SUPPLIER DOES NOT MAKE ANY AND EXPRESSLY DISCLAIMS ALL: 1)WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, 2) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY; 3) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS OR ARISING UNDER OTHER THEORIES OF LAW OR EQUITY WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SUPPLIER, OR ANY UNDERTAKINGS,ACTS OR OMISSIONS RELATING THERETO. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY NOR ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, BE LIABLE FOR ANY INCIDENTAL, EXEMPLARY, SPECIAL, INDIRECT, CONTINGENT, PUNITIVE OR CONSEQUENTIAL DAMAGES,ANY CAUSE OF ACTION, WHETHER ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, WHETHER BASED IN AGREEMENT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUES, OR BUSINESS, LOSS OF GOODWILL, LOSS OF USE OF PRODUCTS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, FACILITIES, SUBSTITUTE PRODUCTS OR SERVICES, DOWNTIME, DELAY OR SLOWDOWN COSTS, SPOILAGE OF MATERIAL, OR FOR ANY OTHER TYPE OF ECONOMIC LOSS, DIRECT OR INDIRECT, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THESE OR ANY OTHER DAMAGES OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN." Page 1 of 1 mUs c.� �o w A SUPPLY AGREEMENT NO. 1710 U Tires for Fleet Maintenance yaeaoRp 1852 THIS Tires for Fleet Maintenance Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Southern Tire Mart ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide tires for Fleet Maintenance in response to Request for Bid No. N/A ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Tires for Fleet Maintenance in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $123,046.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Benjamin Sanchez Fleet Maintenance 361 .826.1959 BenjaminSCcctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Assistant Parts Foreman 5352 Ayers, Building 3B, Corpus Christi, Texas 78415 361 .826.1959 Fax: 361 .826.4394 IF TO SUPPLIER: Southern Tire Mart Attn: Benjamin Perez Salesman 7133 IH 37, Corpus Christi, Texas 78409 361 .241 .1300 Fax: 361 .299.6682 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 SUPPLIER Signature: R 60F=> Printed Name: Richard Conwill Title: Director of Government Sales Date: 05/18/2018 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 Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. N/A Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work New tires will be ordered on an as needed basis 1 . Contractor will deliver new 11 R22.5 tires 2. Contractor shall maintain stock in sufficient amount and sizes of tires to supply the reasonable demands of the City 3. Contractor shall have five hours to deliver the tires if the order is placed before 1 lam 4. Contractor shall have 24 hours to deliver the tires if the order is placed after 1 lam 5. Contractor shall deliver tires between the hours of 8am - 5pm 6. Tires will be delivered to the City Garage, City Service Center, at 5352 Ayers St., Corpus Christi, Texas 78415 7. Contractor shall provide a bill of lading when tires are delivered Attachment B: Bid/Pricing Schedule Southern Tire Mart III IIIIIII IIIIIIIIIIIIIIIII ESTIMATE #: 490058 EEEEEEE SSSSSSS TTTTTTT IIIIIII M M A TTTTTTT EEEEEEE E S T I M M M M A A T E EEEEEEE SSSSSSS T I M M M AAAAA T EEEEEEE E S T I M M A A T E EEEEEEE SSSSSSS T IIIIIII M M A A T EEEEEEE --------------------------------------------------------------- ***DO NOT PAY FROM THIS TICKET*** CORPUS CHRISTI SOUTHERN TIRE MART 7133 IH-37 PAGE: 1 CORPUS CHRISTI, TX 78409 361/299-6682 CUSTOMER: CITY OF CORPUS CHRISTI SHIP TO: FIRE DEPT 1201 LEOPARD CONTRACT#553-18 332982 CORPUS CHRISTI TX 78401 BUSINESS: 361/826-3923 0 SALESMAN: 66106 ESTIMATE DATE: 04/30/18 DUE: 05/30/18 PRODUCT MECHANIC QUANTITY PRICE F.E.T. EXTENSION 11R22.5 FD663 LRH 374 329.00 29.39 134037.86 F211206 FET -374 29.39 -10991.86 FET MERCHANDISE: 123046.00 OTHER: 10991.86- F.E.T. : 10991.86 ESTIMATE TOTAL: 123046.00 ********THIS IS NOT AN INVOICE********* *******DO NOT PAY FROM THIS FORM******* 2 *******WE APPRECIATE YOUR BUSINESS******* Checked Out By: Delivered By: --------------------------------------------------------------- EEEEEEE SSSSSSS TTTTTTT IIIIIII M M A TTTTTTT EEEEEEE E S T I M M M M A A T E EEEEEEE SSSSSSS T I M M M AAAAA T EEEEEEE E S T I M M A A T E EEEEEEE SSSSSSS T IIIIIII M M A A T EEEEEEE --------------------------------------------------------------- ***DO NOT PULL INVENTORY*** PLEASE REMIT To: Dept.143 PRINTED NAME!CUSTOMER SIGNATURE P.Q.BOX 1000 IMPORTANT:CUSTOMER SHOULD RE-CHECK TORQUE ON LUG NUTS Memphis,TN 381W143 ON WHEELS SERVICED AFTER 25 TO 1W MILES OF OPERATION Page 1 of 1 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 Pagel of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Delivery of New Tires for Fleet 05/09/2018 sw Risk Management Valid Through 12/31 /2018 Bond is not required for this service. Page 3 of 3 Attachment D: Warranty Requirements Upon examination by Bridgestone, before wearing down to 2/32 inch (1 .6 mm) remaining original tread depth (i.e. worn down to the top of the built-in indicators in the original tread grooves) and within six years from the date of tire manufacture, any eligible tire that becomes unusable for any reason within the manufacturer's control will either be repaired or replaced with an equivalent new Firestone brand truck tire on the basis set forth in this Limited Warranty. Page 1 of 1 mus c� co a o AGENDA MEMORANDUM NCORPORPE 1852 Public Hearing and First Reading for the City Council Meeting of July 24, 2018 Second Reading for the City Council Meeting of July 31, 2018 DATE: June 22, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Special Permit Time Extension for a property at or near 7442 Wooldridge Road CAPTION: Case No. 0618-01 Dorsal Development, LLC.: Ordinance granting a time extension of the "RM-1/SP" Multifamily 1 District with a Special Permit on a property at or near 7442 Wooldridge Road. PURPOSE: The purpose of this item is to allow for the time extension of the approved Special Permit adopted in 2016. The project is a proposed 360 unit apartment complex. RECOMMENDATION: Planning Commission and Staff Recommendation (June 13, 2018): Approval of the requested Special Permit time extension for a period of 6 months. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1 . Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed time extension of the "RM-1/SP" Multifamily 1 District with a Special Permit 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. 0618-01 Dorsal Development, LLC.: Ordinance granting a time extension of the "RM-1/SP" Multifamily 1 District with a Special Permit on a property at or near 7442 Wooldridge Road. WHEREAS, Dorsal Development, LLC. requested, prior to the initial special permit expiration date provided by Zoning Ordinance 030843, as shown in Exhibit "A" a 6-month extension of the 24-month special permit time limit initially approved, therein requesting a total time limit of 30 months; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Dorsal Development, LLC. (Owner"), for an amendment to the special permit time limit provided in Zoning Ordinance 030843; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 13, 2018, during a meeting of the Planning Commission, and on Tuesday, July 24, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Zoning Ordinance 030843 is amended by adding a 6-month time extension to the 24-month special permit time limit initially approved, thus extending the total special permit time limit to 30 months. 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 in conflict with this ordinance are hereby expressly repealed. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (13.814 acres out of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts) and that are in conflict with this ordinance are expressly repealed. 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@6431 EF35\@BCL@6431 EF35.docx Page 2 of 2 Il I • I 1 Zoning Case #0618-01 Dorsal Development, LLC. Rezoning for a Property at 7442 Wooldridge Road City Council Presentation July 24, 2018 Aerial Overview �" 0 0 `Oaq US C/yA� i LL i ;ems r Aerial Overview ,r PROPERTY �•" +� , ��, � r i Aik < 'a' , Subject Property at 7442 Wooldridge Road It o 3 y,Q 4 hgge O Vicinity Map gOe�F � el �Q� o nSeE —I ��ircyFH ���r ppen5t'.etMap and Dont-6utare_ L ce-nse—(CC BY SACCommons) are ShAlike Zoning Pattern ED o i CSM=9CH4z 4 1981 RX- IN 1 �,^ 0 �I I pQOpC�L3DDQD D _ 0 �I IFQ %82 000 G��� FR Planning Commission and Staff Recommendation Approval of the Special Permit Time Extension Request for an additional 6 months. UDC Requirements r ; 4"N'47' % Buffer Yards: "RM-1" to °RS-6/4.5" r "° Type B: 10' & 10 pts. �� \yms� ���P r• Setbacks: Street: 20 feet "a Side: 0 feet (no adj. res.) Rear: 0 feet(no adj. res.) '. q Parking: 1 BR— 1.5 spaces/unit 2 BR—2 spaces/unit r 1 space/ 5 units—Visitors o a Landscaping, Screening, and Lighting Standards Uses Allowed: Single-Family r�kr> Homes, Duplexes,Apartments, and �P�� i Day Care Uses. Site Plan - ... � N �I I Y L L Lj ZLLII1 Il 11 1 LI II I a _T -T I I I II T-1--FLI s Public Notification 108 Notices mailed inside 200' buffer / 5 Notices mailed outside 200' buffer �� � <, Notification Area e � sa so QQ' e�y�TAQh RM-a 9' 9 V/ Opposed: 4 (1 .597%) suaJEcr _ PROPERTY T e e69 Sl _ 7 a -M s� 10] 96 55 5 Q JE]\ OQI In Favor: 0 R ° r 13'sa, ,oz s_s ss _z s1 s.By . NFR 3T Fe �\y / � / FN� ocr+�vnaneo��`sary VV „ 9 UDC Requirements r ; 4"N'47' % Buffer Yards: "RM-1" to °RS-6/4.5" r "° Type B: 10' & 10 pts. Setbacks: Street: 20 feet Side: 0 feet (no adj. res.) Rear: 0 feet(no adj. res.) UBfECT x'.-OPERTY v r � Parkin 1 BR— 1.5 spaces/unit 2 BR—2 spaces/unit r 1 space/ 5 units—Visitors ° a Landscaping, Screening, and Lighting Standards A Uses Allowed: Single-Family Homes, Duplexes,Apartments, and i Day Care Uses. PLANNING COMMISSION FINAL REPORT Case No. 0618-01 INFOR No. N/A Planning Commission Hearing Date: June 13, 2018 = Owner: Dorsal Development, LLC. ao Applicant: Dorsal Development, LLC. Location Address: 7442 Wooldridge Road cL Legal Description: Being 13.814 acres out of Lots 13 and 14, Section 27, Q°a Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, east of Rodd Field Road, and west of Ennis Joslin Road. Request: Special Permit Time Extension of 6 months. _ Area: 13.814 acres io Purpose of Request: To allow for time extension of the approved Special Permit adopted in 2016. Existing Zoning District Existing Land Future Land Use "RM-1/SP" Multifamily 1 Medium Density Site with a Special Permit Vacant Residential = m North "RS-4.5" Single-Family 4.5 Low Density Medium Density 'E ? Residential Residential i° Low Density Medium Density 0) CSouth "RS-6" Single-Family 6 Residential Residential _JLow Density Medium Density X East "RS-4.5" Single-Family 4.5 Residential Residential LU Vacant, Low, and West "RM-3" Multifamily 3 and Medium Density Medium Density "RS-4.5" Single-Family 4.5 Residential Residential Ca v, Area Development Plan: The subject property is located within the boundaries o of the Southside Area Development Plan and is planned for Medium Density 'a Residential uses. a o Map No.: 040032 Q > Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 780 feet of street frontage along Wooldridge Road which is designated as an "A2" ° Secondary Arterial Street. According to the Urban Transportation Plan, "A2" a N Secondary Arterial Streets can convey a capacity between 20,000 to 32,000 _ Average Daily Trips (ADT). L Urban Proposed Existing Traffic Street Transportation a°i Plan Type Section Section Volume L O N Wooldridge "A2" Secondary 1 00' ROW 66' ROW Road Arterial Street 54' paved 35' paved N/A Staff Report Page 2 Staff Summary: Request: The purpose of the request is to extend the time limit of the Special Permit for an additional 6 months. 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. Department Comments: • The applicant is requesting a time extension for the Special Permit that was issued on May 23, 2016. It has been two years since the approval and a complete building application has not been submitted as required per condition 8 of the adopted special permit. Therefore, a time extension is needed in order for the Special Permit to remain valid. • The applicant contends that due to difficulties and repercussions of Hurricane Harvey, he has experienced extreme difficulty in obtaining financing. Additionally, due to the after effects of Hurricane Harvey, there has been a shortage of available contractors. • The original application for a Special Permit was for the construction of a 360 unit apartment complex. The property was previously zoned "RM-1" Multifamily 1 District. Staff recommended denial of the change of zoning to the "RM-2" Multifamily 2 District that was requested. Planning Commission and Staff Recommendation (June 13, 2018): Approval of the requested Special Permit time extension for a period of 6 months. Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 108 within 200-foot notification area 5 outside notification area 0 As of June 8, 2018: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 4 inside notification area — 0 outside notification area a Totaling 1 .597% of the land within the 200-foot notification area in opposition. Staff Report Page 3 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Special Permit Ordinance and Original Staff Report C. Request for Time Extension D. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0618-01 Dorsal Development,LLC.(Wooldridge)Time Extension\Council Documents= Report_0618-01 Dorsal Development,LLC..docx CG-2 ���i FR ITT" �Mq 13 RS-4.5 42 31 R S4.C7� �0/��106 63 98 8 7 (`tg%� 251 5 CN-1 74 9 99 32 5 C�qA VQ�83 91 72 66 0 92 9 89 6 OR�94 64 1 U 7510 65 78 48 �. 90 8 26 24 Q 27 760 ��� 8o�srgR 41 g3 105 yq 53 R 10 ,779 eOR 77 J RM-3 49 �V 40 38 QR SUBJECT 11 9 PROPERTY 19 352 37 36 2 101 68 57 87 R IVI-�1 SSP%16--03 17 33 18 61 30 RS ss 0 478 RT 44 2 Q 100 60 108 54 55 43 _358 O Q 731 07 Q� S R -6 85 •Q<eF 16 95 15 s9 SOV 46 R•7, •Cl 84 14 -v0O`.O 4 20 �4O R 45 52 RjOGF 62 12 51 67 i RS-6 Ia RS-6 39 krrc yFNF FR R$ Date Created:5/25/2018 0 400 80 Prepared By:Joanna Scott Feet Department ofDevelopment Services CASE: 0618-01 ZONING & NOTICE AREA Cdyo OQ�O so RMA 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 ATv� RS-6 Single-Family 6 Q CNA Neighborhood Commercial RS-4.5 Single-Family 4.5 tiP CN-2 Neighborhood Commercial RS-TF Two-Family y yo<<y CRA Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate moo, CG-1 General Commercialo<o TH Townhouse SUBJECT CG-2 General Commercial SP Special Permit c CI Intensive Commercial CB2 PROPERTY D Downtown Commercial RV Recreational Vehicle Park RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural QO Cayo Del oso H Historic Overlay BP Business Park 41C 715 Subject Property Owners Y Oyu oy�. Clty Of with 200'butter O in favor S O f e COI'pUS 4 Owners within 200'listed on V Owners LOCATION MAP]-,T o,, AR,eFvy CI1T 1St1 attached ownership table /%in opposition ftp �R Ordinance amending the Unified Development Code ("UDC"), upon application by Alex Azali on behalf of Dorsal Development, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Alex Azali on behalf of Dorsal Development, LLC ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map, WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 6, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the requested "RM-2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 District with a Special Permit with a modification to the Special Permit conditions to prohibit balconies on any building from facing adjacent single-family development, and on Tuesday, May 10, 2016, 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 by Alex Azali on behalf of Dorsal Development, LLC ("Owner'), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive (the "Property"), from the "RM-1" Multifamily 1 District to the "RM-1/SP" Multifamily 1 'District with a Special Permit in accordance with the Staff Recommendation (Zoning Map No. 040032), 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 description, 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 meeting the following conditions: 1. Uses: All uses allowed in the "RM-1" Multifamily 1 District. 2. Density: The maximum density shall be 26.61 units per acre. '} 30843 3. Height: The maximum height of any structure shall not exceed 3 stories or 45 feet, whichever is most restrictive. 4. Balconies: No balcony on the most northern buildings shall face adjacent single- family development. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height in the parking area where north and east property lines are abutting single-family development. 6. Solid Waste Containers: No solid waste container shall be installed within 50 feet of the property lines adjacent to single-family development. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. Time Limit: The Special Permit shall expire in 24 months after approval of this ordinance unless a complete building permit application has been submitted. 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. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. 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. Page 2 of 3 The foregoing,ordinance was read for the first time and passed to its second reading on this the a ay of U 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza o Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The forego.n rdinance w s read for the second timq and passed finally on this the ay of , 20 by the following vote: Nelda Martinez Brian Rosas ow, Rudy Garza Lucy Rubio (40, - Michael Hunter Mark Scott ob Chad Magill Carolyn Vaughn Colleen McIntyre ajq,�e� � PASSED AND APPROVED this the 11-dayof 20 . ATTEST: gebecca Huerta Nelda Martinez City Secretary Mayor EF�.c,C I I VE bATE Ordinance—Special Permit-Staff Recommendation 030843 3n843 Page 3 of 3 MURRAY BASS,JR.,PX,"1-' 3054 S.ALAMEDA.ZIP 79404 NIXON M.wa6Sa,P-F-"i-S 361 882-5521—FAN 361882-1265 ww+p else-+velsh.eam e-mail:murrA.V1701el.ee1; e-mail:n1linwaaol.aom BASS &WELSH ENGINEERING + Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 300027-00 P.D. Box 6397 Corpus Christi,TX 784666397 December 14,2015 SPATE OF TEXAS § COUNTY OF NUECES § Description of an 13.814 acre tract of land,more or less,a portion of Lots 13 and 14,Section 27,Flour Bluff and Encina1 Farm and Garden Tracts, a map of which is recorded in VDlumc 'A%Pagcs 41—43, Map Records,Nueces County,Texas,said 13.814 acre tract as further described by mutes and bounds as follows: BI {rDEM4G at the westernmost corner of Morningstar Estates Unit 3, a map of which is recorded in Volume 67,Pages 329 and 330,said map records,said beginning point for the northernmost wrier of the tract herein described; THENCE along the a went central boundary line of said Morningstar Estates Unit 3 S61'22'51'E 375.10'to a point for the northernmost cast corner of the tract herein described and southernmost corner of Lot 26, Illock 5,said Morningstar Estates Unit 3; TIILhNCE along a southwest boundary line of said Morningstar Estates Unit 3 S28'464M 324AT to a point for central interior corner of the tract herein described and westernmost corner of Lot 18,said Block 5, Morningstar Estates Unit 3; THENCE along a southwest boundary Tine of said Morningstar Estates Unit 3 and along a west central boundary line or Morningstar Estates Unit 2,a map of which is recorded in Volume 66,Pages 75 and 76,said trap records, S61'22'51"E 400.40'to a point for the northwest comer of Lot 11,Black 5,said Morpingrtar Estates Unit 2 and eastcmmost corner of the tract herein described; THENCE along a southwest boundary line of said Morningstar Estates Unit 2 52nTOM 618.5T to a point far the southernmost corner of the tract bercin described and northeasterly right of wap comer of Wooldridge Road; THENCE along the northeast right-of-way line of said Wooldridge Road,being along a line 36.75'northeast of and parallel to the centerline of said Wooldridge Road, N61'21'24'W 776.84' to a point for the westernmost comer of the tract barein desmbed in the southeast boundary line of The Farrua Mall,Block 1, Lot 2R,a map of which is recorded in Volume 53,Page 115,said map records; THENCE N28"4649TG 943.19'along said southeast boundary line of The Forum MaU,Block 1,Lot 211 and along the southeast boundary line of George Estates,a map of which is recorded in Volume 68,Pages 456 and 457,said map records,to tate POINT OF BEGINNING, a sketch showing said 13.814 acre tract being attached bereto as Exhibit"B". OF b Fi r Mrd~� Nlmn M.Welsh,FLP2Z. .i us,� •r r Hao M.wlxsrli euirkwi22t Yi Page 1 of 1 ¢' q � F,(,T q, ti4 �~ 4]f a l to qj ti ♦ 4 o PROPOSED TRACT, 13.814 A( !. n S EF CT, �. ` SECT 17 b ho• AZ QV 4. 0 f00' 200' 400` c'1 tx - FB f _ � SCALES 1'= 200' EXHIBIT "S" SKETCH TQ ACCOMPANY_METES AND BOUNDS DESCRIPTION BASS AND WELSH ENGWEERRIG 1'-200' coRpUs cHRmn. Tx SURVEY REM N0. 100027-00. TX EWGWEERING REG. NO. F-52, EX9-ZONM. J08 NO. 15054. SCALE- t' - 240' PLOT SCALE SaU L P{Dr DATF- 12/14/15. %M 1 OF 1 STAFF REPORT Case No. 0316-02 HTE No. 16-10000003 Planning Commission Hearing Date: April 6, 2016 = Applicant/Owner: Alex Azali/Dorsal Development, LLC ca ° Legal Description/Location: Being a 13.814 acre tract of land out of a .� portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and J Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. }, From: "RM-1" Multifamily 1 District _ To: "RM-2" Multifamily 2 District 'E s Area: 13.814 acres N Purpose of Request: To allow for the development of a 360-unit multifamily project. Existing Zoning District Existing Land Future Land Use Site "RM-1" Multifamily 1 Vacant Medium Density = Residential Low Density Low Density _ North "RS-4.5" Single-Family 4.5 Residential Residential '_ 0Low Density Low Density South "RS-6" Single-Family 6 C Residential Residential = J T East "RS-4.5" Single-Family 4.5 Low Density Low Density w Residential Residential "RS-4.5" Single-Family Low and Medium West 4.5 and "RM-3" Multi- Vacant Density Residential family 3 Area Development Plan: The subject property is located within the 06 boundaries of the Southside Area Development Plan and is planned for CL r_ medium density residential uses of up to 22 units per acre. The proposed M ° rezoning to the "RM-2" Multi-family 2 District which allows 30 units per acre is a o not consistent with the adopted Future Land Use Map because of the Qproposed increase in density. Map No.: 040032 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately L 0 775 feet of street frontage along Wooldridge Road, which is designated as a CL N proposed A2 Secondary Arterial Divided street. _ ca Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Volume Plan Type O Section Section Wooldridge "A2" Secondary 1 00' ROW 66' ROW N/A Road Arterial Divided 54' paved 35' paved L N Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District which would allow an increase in density from 22 units per acre to 30 units per acre. Development Plan: The applicant requests a rezoning to develop a multifamily project with approximately 360 units. The proposed density is 26.51 units per acre. A site development plan was submitted for review and is attached hereto. Existing Land Uses & Zoning: The subject property is zoned "RM-1" Multifamily 1 and is vacant. North and east of the subject property is zoned "RS-4.5" Single-Family 4.5 and consists of low density residential neighborhoods. To the south is zoned "RS-6" Single-Family 6 and also consists of a low density neighborhood. To the west of the subject property is a developing low-density residential neighborhood in the "RS-4.5" Single-Family 4.5 district and, an assisted living facility in a "RM-3" Multifamily 3 district. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is not platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RM-2" Multifamily 2 District is not consistent with the adopted Future Land Use Map's designation of the property as medium density residential nor is it consistent with the Southside ADP. Additionally, the following policy statements are applicable to this application and warrant consideration. - Comprehensive Plan Residential Policy Statement G: Design considerations for the proposed development should consider proximity to the adjacent single- family residential or low-density residential by limiting building height, providing screening fences or landscaping, building setbacks and other techniques to create an appropriate transition. - Comprehensive Plan General Policy Statement D: New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. Staff Report Page 3 - Comprehensive Plan Residential Policy Statement H: Encouraging infill development on vacant tracts within developed areas. - Comprehensive Plan Land Use Policy Statement F: The density of development in an area should be directly related to the design capacity of the infrastructure. - Comprehensive Plan Residential Policy Statement A: Each neighborhood of the City shall be protected and/or improved so as to be a desirable and attractive residential environment. - Comprehensive Plan Residential Policy Statement E: High density residential development (more than 21 units per acre should be located with direct access to arterials. - Southside Area Development Plan Policy Statement B.1: Providing for a compatible configuration of activities with emphasis on accommodation of existing zoning patterns and the protection of low-density residential activities from incompatible activities. Department Comments: • The proposed rezoning to "RM-2" Multifamily 2 District is not consistent with the Comprehensive Plan Future Land Use Map which designates the property as medium density residential. • The "RM-1" Multifamily 1 District permits a density of 22 units per acre while the "RM-2" Multifamily 2 District permits a density of 30 units per acre. • The density proposed is 26 units per acre which is more than the "RM-1" Multifamily 1 District allows, but less than the "RM-2" Multifamily 2 District allows. • The existing zoning designation of "RM-1" was approved in the late 70's or early 80's and might be evaluated differently today given development patterns in the area. • The site plan submitted for review has been analyzed to determine the potential impact of the increase in density, especially with regards to building height and setbacks from existing single-family uses. • It is staff's opinion that the proposed rezoning, without appropriate design considerations, may negatively impact the surrounding residential properties, therefore, an increase in density is best considered via a Special Permit. Zone Map Amendment and Special Permit Review Criteria: The Zone Map Amendment Review Criteria set forth in UDC Section 3.3.5 and the Special Permit Review Criteria set forth in UDC Section 3.6.3 B have been reviewed and Staff finds the rezoning to be largely in accordance with said criteria. Applicable criteria includes the following: Staff Report Page 4 • The use is consistent with the Comprehensive Plan (albeit a modest increase in density) • Taking into account the proposed Special Permit conditions, the use is compatible with surrounding uses. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • The use does not substantially adversely affect adjacent uses. • The use does conform in all other respect to regulations and standards in the UDC. • The development provides ample off-street parking. Staff Recommendation: Denial of the change of zoning from the "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District and, in lieu thereof, approval of the change of zoning to the "RM- 1/SP" Multifamily 1 District with a Special Permit, subject to a site plan and the following Conditions: 1 . Uses: All uses allowed in the "RM-1" Multifamily 1 District. 2. Density: The maximum density shall be 26.51 units per acre. 3. Height: The maximum height of any structure shall not exceed 3 stories or 45 feet, whichever is most restrictive. 4. Balconies: No balcony on the most northern buildings shall face adjacent single- family development. 5. Lighting: All lighting shall be shielded and meet all requirements of the UDC. Lighting may not exceed 15 feet in height in the parking area where north and east property lines are abutting single-family development. 6. Solid Waste Containers: No solid waste container shall be installed within 50 feet of the property lines adjacent to single-family development. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, and Building and Fire Code Requirements. 8. Time Limit: The Special Permit shall expire in 24 months after approval of this ordinance unless a complete building permit application has been submitted. Staff Report Page 5 Number of Notices Mailed — 108 within 200-foot notification area 2 outside notification area 0 As of March 30, 2016: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 3 inside notification area — 0 outside notification area a Totaling 1 .54% of the land within the 200-foot notification area in opposition. Attachments: 1 . Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0316-02 Alex Azali(Dorsal Dev.)\PC Documents\Report for PC_0316-02 Alex Azali.docx RM- 1 CG- 2 RS-4. 5 R 42 s3 13 v 81 31 Q N 106 98 Q o CN- 1 29�— 25 74 '$ 7 °a M 82 91 M 89 69499►M M h 92 72 M M —•32 M Q 83 64 9 N _ M 66 104 ry 5 6 "' M 94� 26 65 7510 N N�� M m — 78 N 24 Q 90 M N 41 Q 27 ^M 50 Q�I'80m n e S�'qR q "° n M 105 oQ, hfgRe N ry N � RM-3 38 N �L� o 49 X40 " Ln N M N Q N R n 23 M 0 " 1937 � 1 1161 68 57 I/Ip /c 17 0 33 n PROPER/TY � 20 $8M gVSo Q o, 47." .R -4 . 5 0 1F 56 n 70 F .100 M 60mrn °~ m 21e o. � Q �Q73^M m a� n Q t 85 N�4 58 GI ro t n a � hh� p`5/ to M Q 34� �, m 3 Ln •. t Rrq Ln 20 Q Q `I Ln �trt 0/ n Ill Q ry n co C� M R I? wp 62 N �A'4co �Q " O<r q12 Rrs39 H M 24- C N M ML— KIP M N co �^ co C N HFHFR S ryw A N FR m Date Created:31312016 n0 �" 8 F ee t �� " Department of Devi etop ent S rvices M M N Q CASE: 0316-02 ZONING & NOTICE AREA CayoO, Oe RMA Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial 2 RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 y Q RM-AT Multifamily AT RS-6 Single-Family 6 Qv� SUBJECT CN.1 Neighborhood Commercial RS-4.5 Single-Family 4.5 ti PROPERTY CN-2 Neighborhood Commercial RS-TF Two-Family y y�<<y RS-15 Single-Family 15 CRA Resort Commercial / CR-2 Resort Commercial RE Residential Estate h'p. CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park �9 CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural o Cayo Del oso H Historic Overlay N ,1_ BP Business Park _ W E /\G�F� aSubject PropertyO Owners y� Clty Of with 200'buffer in favor �0 COlpUS 4 Owners within 200'listedon V Owners LOCATION MAP Christi attached ownership table V in opposition --------- --_ -pG ry - J '` o w aoz IT 13 IT 3oG< s za J �oIT .�ao Mwz�a m�o Y -- L----------- a7s.io,— --- ---� _ 15 U1 I z H4 p 1 NIN ail EITAT11 III 6. P. Te. M.n. N SPae —— LP, x Pn N p x Mo a,E7 TILa. M.n. n-T, 15 TE 7 c s m J �I BLDG TYPE 2, 150.67' X 70', = m 12 1BR & 12 2BR � M N III m 12 a h Y 12 Q } a oil IY24 GARS V w w S a U IT F M BLDG TYPE 3, 172.17 7 X 0 2 2 BP ' 4 w J � N III � o O „d \ 2 R 4 R As 0dDB 3901210TDOM T3� • REZONING APPLICATION >% Case No.: 0316-02 Map No.: 040032 c 0 PC Hearing Date: 3/23/16 Proj.Mgr: N Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Development services Dept. a► Hearing Time: 5:30 P.M. P.O.Box 9277 v Corpus Christi,Texas 78469-9277 I •A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER NEARING. (361)826-3240 0' •INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. Located at 2406 Leopard Street 1. Applicant: Alex Azali Contact Person:Alex Azali Mailing Address:POB 8155 City corpus Christi Stater zip,78468 Phone: 30688-8000 E-mail Cell: 3( 6 1 )688-8000 . 2. Property Owner( ): Alex AzalBacCri ARP 2-01 t.Le— Contact Person:Alex Azali Mailing Address:POB 8155 City.corpus christi State: ZIP,78468 Phone: 3( 61 )688-8000 E-mail: .. Cell3( 61 )688-8000 3. Subject Property Address- Lt 13&14 flour bluff Tracts Area of Request(SF/acres): 13.814 Current zoning&Use RM-1 Proposed Zoning&Use: RM-2 1 12-Digit Nueces County Tax ID-.4 3 5 1_-10"t1&'1"^ 0 1 6 0 ? =- -7(,O'7 A?,*La ( �.rCin Ya_I+,t 7 .14 Cine 'tSubdivision Name: � L...f /fes -R,-_I_ _ Block: Lof(s) Legal Description if not platfea Lt13&14 flour bluff tracts sect 27 and encinal farm &garden tracts 4. Submittal Requirements: ■❑ Early Assistance Meeting: Date Held ;with City Staff ❑ Land Use Statement ❑ Disclosure of Interest ❑Copy of Warranty Deed IF APPLICABLE: ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit ❑ Metes&Bounds Description with exhibit if property includes un-platted land(sealed by RPLS) ❑ Lien Holder Authorization ❑Appointment of Agent Form if landowner is not signing this form I certify lha I have provided he City orpus Christi with a complete application for review;that I am authorized to initiate this rezoning s r on b If of the Property Owner(s);and the information provided is accurate. Owner or Agent's Signature Applicant's Signature Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 7 l 47 Received By _ i ADP: SS Rezoning Fee 197650 +PUD Fee 0 +Sign Fee 10.00 =Total Fee 1986.50 No. Signs Required 1 @$10/sign Sign Posting Date: K%MVELOPMENTSVC.ISHAREEXAND DEVeLOPMENTIAPPLICATION FORMSIREZONIRWONING APPLICATION 2016 DOC Form Revised 511 212 01 5 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), buildings)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Need rezoning for multifamily use . Identify the existing land uses adjoining the area of request: North - South - East - West C:UISERSITANYAR.000%DESKTOPVAILY USFIANNIKAILAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS i' • I City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME. Dorsal Developement LLC STREET: POB 8155 CITY: corpus christi ZIP: 78468 FIRM is:0 Corporation OPartnership OSole Owner 0Association 00ther DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department(if known) NIA NIA 2. State the names of each 'official" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "firm". Name Title NIA NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee NIA 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 NIA NIA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Alex Azall Title: Owner (Print Name) Signature of Certifying Person: Date: MDEVELOPMENTSVMSHAREDILAND DEVELOPMENPAPPLICATION FORMSIRETONINGUSCLOSURE OF INTERESTS STATEMENT_5.12.2015.DOC li �I MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA,ZIP 78404 NIXON M. WELSH, P_E.,R-P.L.S. 361 882-5521-- FAX 361 882-1265 www.bass-welsh.com e-mail: murravir@aol.com e-mail: nixmw(y)aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 RM-2 Zoning Tract December 14,2015 STATE OF TEXAS § COUNTY OF NUECES § Description of an 13.814 acre tract of land,more or less, a portion of Lots 13 and 14,Section 27,Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 — 43, Map Records,Nueces County,Texas,said 13.814 acre tract as further described by metes and bounds as follows: BEGINNING at the westernmost corner of Morningstar Estates Unit 3, a map of which is recorded in Volume 67, Pages 329 and 330, said map records, said beginning point for the northernmost comer of the tract herein described; THENCE along the a west central boundary line of said Morningstar Estates Unit 3 S61°22'51"E 375.10'to a point for the northernmost east comer of the tract herein described and southernmost corner of Lot 26, Block 5,said Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 528'46'49"W 324.95'to a point for central interior corner of the tract herein described and westernmost corner of Lot 18, said Block 5, Morningstar Estates Unit 3; THENCE along a southwest boundary line of said Morningstar Estates Unit 3 and along a west central boundary line of Morningstar Estates Unit 2,a map of which is recorded in Volume 66,Pages 75 and 76,said map records, S61°22'51"E 400.00' to a point for the northwest corner of Lot 11, Block 5, said Morningstar Estates Unit 2 and easternmost comer of the tract herein described; THENCE along a southwest boundary line of said Morningstar Estates Unit 2 528'37'09"W 618.57'to a point for the southernmost corner of the tract herein described and northeasterly right-of-way corner of Wooldridge Road; THENCE along the northeast right-of-way line of said Wooldridge Road,being along a line 36.75'northeast of and parallel to the centerline of said Wooldridge Road, N61°21'24'W 776.84' to a point for the wcstcrrunost comer of the tract herein described in the southeast boundary line of The Forum Mall,Block.1, Lot 2R,a map of which is recorded in Volume 53,Page 115,said map records; THENCE N28°46'49"E 943,19' along said southeast boundary line of The Forum Mall,Block 1,Lot 2R and along the southeast boundary line of George Estates, a map of which is recorded in Volume 68, Pages 456 and 457, said map records, to the POINT OF BEGINNING, a sketch showing said 13.814 acre tract being attached hereto as Exhibit"B". v � � Nixon M.Welsh,R.P.L.S. i s NIX69 K WELM d1M tY ai •' Yo e ' EXHIBIT «A, Page 1 of 1 M 2 �RNIN G 61 ti°y 330�Mrr .Zo 'Z o AAT' `a1 q, b 'y p 3 &ab Z rh Q- ti 4 ° Oti Co ti PROPOSED RM-2 ZON)} G TRACT, 13.814 AC! f� FB & EFGT, b'-i SECT/4' �o h C�� 0 100' 200' 400' SCALE; 1'= 200' EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1"=200' BASS AND WELSH ENGINEERING CORPUS CHRIST], TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. 15054, SCALE: 1" = 200' PLOT SCALE: SAME, PLOT DATE: 12/14/15, SHEET 1 OF 1 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con incaoacidadest ue tienen la intention de asistir a esta Junta y que re uieren servicios es eciales se les su lica gue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diri irse a la commission durante la 'unta v su in les es limitado favor de Ilamar al de artamento de servicios de desarrollo al numero 361 826-3240 al menos 48 horas antes de la •unta Para solicitar un interprete ser presente durante la iunta. �- -- - CITY PLANNING COMMISSION PUBLIC HEARING NOTICE MAR 17 2016 Rezoning Case No. 0316-02 DEVELOPMENT SERVICES SPECIAL SERVICES Alex Azali has petitioned the City of Corpus Christi to consider a vhange of zoning-from -the- "RM-1" the"RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District, resulting in a change to the Future Land Use Map from medium to high density residential uses. The property to be rezoned is described as: -- Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to l C�i G®�� The public hearing will be held on Wednesd"- arch.23,2016, during n one of the Planing i s regular meetings, which begins at 5M'0-'07M-.:-TF-the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission ay-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in-person, by telephone tail or by letter. Printed Name: L82CMILZ Address: r4lZ tJ4IZ I2 �- City/State: 70te( X5 ( } IN FAVOR ?(1 IN OPPOSITION Phone: Sty - �s� X REASON:_;-1)14 Id /� h-1I)Z f�>t 7 all 0 yet k sfr� � to aid ,S'dppa�e- - 0 IS rn� lex 3. �a r� ' ` 24w lr-. f Signature SEE MAP ON REVERSE SIDE Property Owner ID:8 Case No.0316-02 FETE#15-10000003 Project Manager:Dolores Wood r , Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con incapacidades, Que tienen la intention de asistir a esta juntay clue reguieren servicios especiales, se fes suplica que den aviso 48 horas antes de la junta Ilamando al de artamento de servicios de desarrollo al numero 361 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirioirse a la commission durante la Junta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero(361) 826-3240 al menos 48 hor_as antes de la iunta Para solicitar un interprete ser presente durante la junta. - -- - - CITY PLANNING COMMISSION PUBLIC HEARING NOTICE MAR 17 2016 i Rezoning Case No. 0316-02 DEVELOPMENT SERVICES SPECIAL SERVICES Alex Azali has petitioned the City of Corpus Christi to consider a ❑f-- mritrq-ffvrrr-tri "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District, resulting in a change to the Future Land Use Map from medium to_high density residential uses. The property to be rezoned is described as, Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a re a City Council.The public hearing%yijl March 23,2016, during one o g Commission's regular meetings, wYiM"d ?30 p.m.= in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NO'T'E: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office, or in_person, by telephone call or by letter. Printed Name: ' /' Address: � �,` � ,� r I W O' (State: `1 f fO&A—Cel ( ) IN FAVOR OPPOSITION Phone:,�(eI-5}q9-25-6 REASON: T�e- Ptop.P.tb Uabp- in oar )-v me., Yes `l. �I �jAUt ldfs df rmJ. no-4 -re- �br )61 ds . p�� ,t ens p/eX 1� W14 boo" ���a� 11z;� ��Sp��S �t� �ihy P /C , `-A4.5 a very pU pe �, __l-1 - h0� Signature 0,3-13- Property MAP ON REVERSE SIDE ^ - !� W Property Owner to:36 `]'��j f��i.K- Case No.0316-02 HTE#16-10000003 // (l' " Project Manager:Dolores Wood Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con incapacidades, ue tienen la intension de asistir a esta iunta y que re uieren servicios es eciales se les su lica que den aviso 48 horns antes de la junta II ame+ido al deQai1amento de servicios de desarrollo. al niirnerd (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la iuntay su ind6s es limitado, favor de Ilarnar al : departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas_antes de la iunta_para sol idtar rete ser oresente d177Ne! Junta. MAR 2 2016 CITY PLANNING COMMISSION PUBLIC NEARING NOTICE DEVELOPMENT SERVICES Rezoning Case No. 0316-02 SPECIAL SERVICES A ex Azali hhas petitioned the City of Corpus Christi to consider a change of zoning from the "RM-1" Multifamily 1 District to the "RM-2" Multifamily 2 District, resulting in a change to the Future Land Use Map from medium to high density residential uses. The property to be rezoned is described as: Being a 13.814 acre tract of land out of a portion of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Wooldridge Road between Bevo Drive and Gold Star Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendeLtjn�n4uncil.The public hearing will be held .e arch 23 2016 during one of the P n Ission's regular meetings, which begin a in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361)826-3240. TO BE ON RECORD,THIS FORM MIST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in-person, by telephone call or by letter. Printed Name: 6YYa1(1 y (l �-) 1Vy)s Address: 14(e/ yfa r !-h'r'-1z Y— CitylState: l` { ) IN FAVOR f-A IN OPPOSITION Phone: 13 REASON:,-k, I�1� �yJ YlC)C)v AO-M Y-ki- V\0,-C�C 2. s c Ras v +Y�c s � ►n ��� � � �, P P� �v\z' ( t1 .�0 �-E-�'et'✓{�� LAJ(a Sf�f ig ature SEE MAP ON REVERSE SIDE Property Owner ID.9 / Case No.0316-02 HTE#16-10000003 i f n Project Managere.Dolores Wood While I cannot speak for all of my neighbors,those conversations I have had with them lead me to several conclusions regarding the rezoning request:though not opposed to a high density multi-family development in this area in the future,my neighbors and I would prefer to see the infrastructure built to support such a development prior to any rezoning for several reasons. First, per the Unified Development Code, RM-2 zoning permits 30 residents per acre. Given that the subject property is 13.814 acres,this would deposit at least 400 new residents In to the middle of a small residential neighborhood. While the slight widening of Wooldridge Road and addition of a turning lane from Rodd Field to Quebec has helped with traffic,the opening of Adkins Middle School has brought more traffic in to an area with few ways out. With the Oso Wetlands Preserve opening and more homes being built every day,traffic Is a growing problem in this area. Second,while Wooldridge Road between Rodd Field Rd.and Cimarron is a four-lane classified as an arterial (as of the 1987 Southside Development plan), Wooldridge Road between Rodd Field and Ennis Joslin is a two-lane farm road with wastewater ditches on either side. Those ditches,thanks to the recent rains,are overflowing stagnant water over the sidewalks that were only recently added thanks to concerned parents of Adkins Middle School students. Third, Holly Road between Paul Jones and Rodd Field is in dire need of repairs,especially with the increased traffic to and from Adkins Middle School and the new development there. As one of the only other ways out of this neighborhood, hemmed in as we are by the Cayo del Oso and dead-end developments,it is growing rapidly overused. While the completion of Ennis Joslin between Holly Road and South Padre Island Drive was approved in the last bond election, it is not yet started and is even further from being complete. Holly, like Wooldridge, remains a two-lane farm road with wastewater ditches on either side. Fourth,most if not all of the homes surrounding the subject property are single-story family homes. A high density apartment development two to three stories high would be out of place in the area. While we don't have the particulars of any proposed development on the site,this would be a concern for the neighbors of the subject property.Assurances that the development plan includes cottage-style single story homes(or similar)would assuage the concerns of the neighbors on this point. Lastly,in times of severe weather,the subject property collects,filters,and absorbs much of the rain water;twice last year the run-off from it was so great that Gold Star Drive was flooded through the yards of homeowners. Replacing this natural collector/processor with a vast sea of concrete for"high density" parking,though we're sure it would be properly graded and designed,makes the neighbors worry about a higher possibility of water damage. I would happily reconsider my opinion on this rezoning request&subsequent development if presented with an action plan that addresses the points addressed in this letter. Thank you, *nd MAR 2 s 2016 ID DEVELOPME:N f b!_RVICES SPECIAL SERVICES Andrew Dimas [DevSvcs] From: Miguel S. Saldana <msaldana6476@gmail.com> Sent: Wednesday, May 09, 2018 11:49 AM To: Andrew Dimas [DevSvcs] Cc: Joe Garcia; Greg Collins Subject: Extension of Special Permit Time Extension Follow Up Flag: Follow up Flag Status: Completed Good Afternoon Andrew: Thank you for finding the time to meet with me this morning. As per Section 3.6.7. of the Unified Development Code, I am requesting a 6-month time extension on the Special Permit for Dorsal Development- Alex Azali (Ordinance 4030843). The Special Permit is due to expire on May 17, 2018. Section 3.6.7. states that the request must be submitted before the Special Permit expires. The developer has had a difficult time getting financing and lining up contractors for bids. The reason he is being given is that due to Hurricane Harvey, the banks have been inundated as well as the contractors and engineers. Please schedule this request to the City Council as quickly as possible. Thank you for your time and consideration. Sincerely, Miguel S. Saldana, A.LC.P. dba Saldana Consulting (361) 443-1070 msaldana64762gmail.com i Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con incapacidades, ue tienen la intenci6n de asistir a esta iunta v Que re uieren servicios es eciales se les su lica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su inales es limitado, favor deIlamar al departamento de servicios de desarrollo al numero (361)826-3240 al mends 48 horas antes de la junta Parra solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0618-01 Dorsal Development. LLC. has petitioned the City of Corpus Christi to consider a Special Permit Time Extension Request for an additional 6 months. The property to be rezoned is described as: 7442 Wooldridge Road and being 13.814 acres out of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, east of Rodd Field Road, and west of Ennis Joslin Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 13, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, byte lephone call or by letter. Printed Name: [je 6�_ rr Address: 7 WO aul of �Q City/State: _ t Ck ' ( } IN FAVOR (l} IN OPPOSITION Phone: REASON: � eUe tfi t I c S�� [� v''�r[1 co It f� . -,v OCA II Sign ture SEE MAP ON REVERSE SIDE Case No.061 B-01 INFOR Case No. NIA Project Manager: Andrew Dimas Property Owner ID. 6 Email:andrewd2@cctexas.com + ' U S.POSTAGE})PITNEY BOWES City of — e...s Christi Development Services Dept. _ P.O.Box 9277 Corpus Christi,Texas 78469 { 02 781401 $ 000.47° 0000340617JUN 01 2018 6 540600010360 GARZA DANIEL ND WFE SARA GARZA 490 STAR HARBOR ORPUS CHRISTI,TX 78414 R 0. A- Qq CN-1 � baa y 4 SUBJECT PROPERTY 4Ve � JfFC�T �r� OQ, R .0 'Q i Ot�Rl '01 r 4 F syr T{ Fft ST sal Af` y a..c.jaw e � •��-� o CASE: 0618-01 I — SUBJECT PROPERTY WITH ZONING f ElsuobrJ RY, MumlmR dT I IL LWM a.d.01.1 t 11M.2Y.M."y2 IN q..ry br 1..- 10-1 Y.'.UY1M7F 7 Poo ►&Mn D".U.h o .overt! OM PI.Ie.fleru,olll.e R3.10 fnpt F—"I* J RM AT MIMPSMY,AT R7.4 am m-r—"' f CRI q.gro.m..acmr..,.w Rias llwl..irnar s 1 SUBJECT c11 E Y.groanme ce„m.cl.l RR.Tr Twe P.mlry PROPERTY cR.1 R...lcem..>v.l Ra.0 s.ngt.r-dy 11 i CR1 Reaal ComR.RLi RE —hoR CA' R-1. CammfIG1I C0.3 G_YC—.U.1 $ Y SWF 0-4 `� 9 GN PIO•.f CI Inbn.Iw C-1.1 RV R....R.r,.l Vokt Pr► CRO 0R1.nRl.rn ca. —w RYII Y.nr--i CR-f "..ortcemmerc.1 .q Farm Runl M g0.d" • �'+�� (,Ii�7Uti aP 11=..r+r1 LOCATION MAP, +4� "*.q C'ilrlsli Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personasconincapacidades, nue tienen la intencidn de asistir a esta juntay Que renuieren servicios especiales, se les suplica Que den aviso 48 horns antes de la junta llamando al departamento de servicios de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la iuntay su inQles es limitado. favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interorete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0618-01 Dorsal Development, LLC. has petitioned the City of Corpus Christi to consider a Special Permit Time Extension Request for an additional 6 months. The property to be rezoned is described as: 7442 Wooldridge Road and being 13.814 acres out of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, east of Rodd Field Road, and west of Ennis Joslin Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 13, 2018;during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name2/1" 7L �/' Address:2 1-)�t L lh*U071. �IZ City/State: /2 >1f)() 0112&4: /zow ( ) IN FAVOR KIN OPPOSITION Phone:' _ - aId �- * REASON: T ► '"`�Lt �` tzlG� '�} ��l�j /�-�`? h P �fN Po Ste►as L � 4,-l4Wie/0 Signature SEE MAP ON REVERSE SIDE Case No. 0618-01 INFOR Case No.: NIA f 1p& n�C� l) I�'in Project Manager;Andrew Dimas Property Owner ID:8 /p11 1 _ I Email; andrewd2@cctexas.com City o, _ Christi t y� Development Services Dept. $ 000.47° P.O. Box 9277 02 78401 Corpus Christi,Texas 78469 0000340617 JUN 01 2018 8 540600010420 r, e�'�e� FOX MARGARET !`CG 7466 STAR HARBOR DR CORPUS CHRISTI,TX 78414 4C1'�11u= p G-2 R FR j+ e R S' .5 CN-1 �? C11 A; r � H,gRe p SUBJECT s?,� PROPERTY (0 F 4t-' Q, ClR 4r G } F R r CASE: 0698-09 ! SUBJECT PROPERTY WITH ZONING ❑ enPIGPe�iY RY 1 Y.RIhMy 1L 4181111-du.RIH Rf1S 11.rt11■n11(7 Ix 11­1 1­ftu I 1 .11nftuI as RY 7 4.i1Wwr S PUl? P4n1wd UnR Gn.G..n.y GR •rol..Wnul 011k. RS.1f fnRYAan.y Is RMA[WRIT■lolly LT RSd fln CR 1 RNpT0adlmd Camm�.Ml RS�f flnolrfRW1,/1 SUBJECT ' crx x.Ioroanp.dc.Tm.rcul R6•TT 1wor■ F PROPERTY CR I R_. Ca-n1.1■I Rf 1.Snob-f—"is CM-3 it"—C.n1Mn.U1 RE R.WI.Mie r.w. r - CG 1 o.Mnl C.1R.1.reul CG-7 W.-.ICwnm.ld.1 SR SR.tLIP .ft Gp Prd.. CI ..6th.—C_ RV Rr..anl.d..UvRd.dWxn.knM.P.R Caos CRMI C • — — II...ACtrRRl—.l 4� fR .—it M xl.lode Gwr4y ro e. r..n...v.1. -LOCATION MAPi4 .,, Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con incapacidades, ue tienen la intencion de asistir a esta 'unto y que re uieren servicios es eciales se les su lica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si_usted desea_diriciirse a la commission durante lalung su inales es limitado, favor de Ilamar al - -- departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta Para solicitar un_interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0618-01 Dorsal Development, LLC. has petitioned the City of Corpus Christi to consider a Special Permit Time Extension Reguest for an additional 6 months. The property to be rezoned is described as: 7442 Wooldridge Road and being 13.814 acres out of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, east of Rodd Field Road, and west of Ennis Joslin Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 13, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name: ,�QVX A L",,- 1 v►�. Address: sf City/State: ( } IN FAVOR (IN OPPOSITION Phone: - REASON: Vm" \G CLe ,LL N-) � A%l (V\ o N(--, � Signatu e SEE MAP ON REVERSE SIDE Case No. 0618-01 INFOR Case No.: NIA Project Manager:Andrew Dimas Property Owner ID:26 Email- andrewd2@cctexas.com .+ U.S.POSTAGE>>PITNEY BOWES ol City..Y t.orpus Christi x V Development Services Dept. �..�� P.O.Box 9277 ZIP 78401 $ 000.470 Corpus Christi,Texas 78469 4 02 Orr 0000340617 JUN 01 2018 26 279800010230 WILLIAMS JENNIFER S 2334 Vaughn Dr r_ Ilei, �� �r Corpus Christi,TX 78414 G-p R FR oQ` �vRNQ R R S-1.S G' - pk S)4 ��•, �i� Ry'4Re ~ ` a 0R�R SUBJECT PROPERTY - <0 lB�3 R .5 OST pQ, -7 FR NRA yr _.-.-.. O.YC+.X.tli767PYY CASE: 0698-09 SUBJECT PROPERTY WITH ZONING % �` `"a ElSu6,�r.1 RW Yuhl—myI R- LWd1,dv0dM Ri Mu.PwnHy] M Nurylxv-IAwI Pt:.7 YuR4,am9Y 1 PCC PI..P.0 II.R C...0-fty r OX P.N..l..w1CRk. NSA*5.43 4."16 RN AT Nunlwml,Y AT RSJ 61npIN-414 - 1 CN Y Xg4g a& a C.. mW Rs+5 81w1.-Pwmull. 5(161ECT \ CN7 NNp.Mrh..d C�'�m.rwlM RS.TP Tn Y-m11y PROPERTY CR-1 RM-X Cw..w 6 R6-I.,I...-/wor . CR7 G-1G m.rclw RL R.w.l-nhwlPNM. Col C-.-al C.m'"rj RS-t"$"gW PN CoR] Gn.r-ICmm.rWl 5P Sp-il.l h�wR Co' Inlm-Ynr -mw Ry A.o--w d Wkkl-PNw — C110 CO -.C.m....Nl RM11 WnIRweSunQ NPm- L � f amR PR FNmRIUM H Nlwla-e C.-Ary .LURA!\ y',.LOC 0 May p� �%* �y4i LIIfLSII Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact 1 the Development Services Department at least 48 hours in advance at (361)826-3240. Personas con incapacidades, ❑ue tienen_la_intencion de asistir a esta junta roque recuieren serv_icios esp.eciales=_se_les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicjos de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse_a la commission durante la junta v su inales es limitado, favor de Ilamar al departamento de servicios de_desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0618-01 Dorsal Development, LLC. has petitioned the City of Corpus Christi to consider a Special Permit Time Extension Request for an additional 6 months. The property to be rezoned is described as: 7442 Wooldridge Road and being 13.814 acres out of Lots 13 and 14, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Wooldridge Road, east of Rodd Field Road, and west of Ennis Joslin Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Pian, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 13, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD_ NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone tail or by letter. Printed Name: k eL4 E I Address:�5bl r-)ob 5hrlicive- City/State: n a ski j:, 3 I: ' �91V { } IN FAVOR ( IN OPPOSITION Phone: ly _ REASON: ND !Un N'D I ' �o� is Z1v2 W I dec.roas� , TI-Kas cv-r!f i�1 Lr'e�s�, �a is lar, , Cri OV 1'rAe. wi[ [ I'ncr0aiL Wobl�C)Az ro,,-J- i 5 narrDr,) - D J16LU4L more. A-r C1 c- a Au(acv-'cv- tv I�.e_p o u Co.�.�.�w,i �c�e e .�- -y Signature SEE MAP ON REVERSE SIDE Case No.061 B-01 INFOR Case No.- NIA Project Manager:Andrew Dimas Property Owner ID: 36 Email:andrewd2@cclexas.com Apar4nteI u q o!ac io-ds 1v Jiaj L W,5 a f +encA4.5 r oi 1,5 ,i 46k e 0,g� [Cr1ow 4�ni e K��Q ri�4, aA enti/1l w yPe Fn s~► a-le_fr 5e r fJ nolo . k10 7h.A-fc51 U.S. AGF=y ; '4EYBOWES City , .,s Christi 'f`t .....��►,.� Development Services Dept. Ifyy„ P.O. Box 9277 ZIP 78401 $ 000.470 Corpus Christi,Texas 78469 , 02 4rl 0000340617JUN 01 2018 �N"� 36 540600050140 eCei- CISNEROS PATRICIA ANN KRISTOPHER LEE CISNEROS 7501 GOLDSTAR DRIVE CORPUS CHRISTI,TX 78414 ,yt�7�l�is 06.2 R FR F C x-i �- �+�•r SUBJECT PROPERTYaRG o� a L 4 l CASE: 0698-09 SUBJECT PROPERTY WITH ZONING f ❑ SubpU Property RY 1 MumIrIlOy 1 IL LIGM nd.*UW R1Y.7 YUIIIMinY22 IM Nair,InaululM _` \ RYSYu'lllnniyl pbb FUI—Is YnR Dw Cmrgy OM hah.alnnRr Oelu MID fnflr k-My 10 � RM AT YuYYn11,At Rf O fRiflrfrnlF,f / CM wlgroernooacrlmrrcltl rsicmpow-s.nu,�a / SUBJECT CM2 RMghWrh.d C'_'1n Ra-TF tro fnnlry AJIGPERTY CR.1 R�ItriLGrt1rC111 pf,i16 RYpY.fm11121E -- CR] R�/nrl Comms+..YI qE RraWlnllrl LnnR j{ra f C6.1 11—I Cmmr 0 RYTM IOwpRouM {T I y�� C04 43 n 1c—..�l fp fprciu Amip Cr IM'Mlln Cemxwnul qy tew�arWny YMlch/rp F —_ Cbb baWnbvn Cpmm�n:lrl RYH 14nrrsc.•orrO Rarm '+�� R CR.1 Rrr orl Cammrs Ml IR flml Aunl � �* Oily lls e► awl°�"::�`iy iLOCATI-Ott MAA x'144. chrisli 0 oa U N[pBPRASEAGENDA MEMORANDUM x85 First Reading Ordinance for the City Council Meeting of July 17, 2018 Second Reading Ordinance for the City Council Meeting of July 24, 2018 DATE: June 4, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington Director, Parks and Recreation Department JayEll(a)cctexas.com 361-826-3464 Community Enrichment Fund (4720) Appropriation CAPTION: Ordinance to accept and appropriate $846,228.34 in developer contributions, other donations and interest earnings in the Community Enrichment Fund for park improvements. PURPOSE: To appropriate funds received from developer fees, other donations and interest earned in the Community Enrichment Fund so that the funds would be available for associated projects. BACKGROUND AND FINDINGS: The Platting Ordinance provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than 5 miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. The last appropriation of Community Enrichment Funds was approved by City Council on January 31, 2017. ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget $3,524,958.98 $3,524,958.98 Encumbered/Expended Amount 419,287.54 419,287.54 This item 846,228.34 846,228.34 BALANCE $3,951,899.78 $3,951,899.78 Fund(s): The No. 4720 Community Enrichment Fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Comments: Revenues deposited to this fund for park development are 1)fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Attachment— Schedule of Appropriations — Exhibit A; Ordinance Presentation Ordinance to accept and appropriate $846,228.34 in developer contributions, other donations and interest earnings in the Community Enrichment Fund for park improvements Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate $846,228.34 in developer contributions, other donations and interest earnings in the 4720 Community Enrichment Fund for park improvements, and other related projects as described on the attached and incorporated Exhibit A. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel PASSED AND APPROVED, this the day of ' 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor City of Corpus Christi 4720 Community Enrichment Fund - Revenue Only Exhibit A FY17 - FY18 Pd 6 Unappropriated Account Org Description Balance 330006 21315 5 Woodbend 625.00 330006 21316 South End Addition 1,250.00 330006 21318 Tyler/Blue Water Subdivisions 625.00 330006 21336 Cole Park 2,500.00 330006 21365 Barclay Grove Park 19,840.00 330006 21367 Cimmarron/Riverbend/HeritageCr 88,854.01 330006 21374 Crossgate Linear Park 8,450.00 330006 21386 Northwest Crossing, Unit 1 6,080.41 330006 21404 Kings Garden 6,625.00 330006 21423 Greenfields by the Bay Lift St 51,875.00 330006 21431 Flour Bluff Estates B H, L 25C 4,277.06 330006 21453 Glenoak Estates, Blk 1, L 1-10 5,000.00 330006 21456 5 Manhattan Estates 625.00 330006 21459 Edgewater 625.00 330006 21528 Terra Mar/Oso View 19,872.00 330006 21624 Northwest Estates 48,771.43 330006 21627 Maple Hill/Lone Star Estates 9,618.58 330006 21664 Riverview Tracts 625.00 330006 21674 Buena Vista/Laguna Village 8,156.50 330006 21675 5Don Pat/ShrlOaks/Parkview/FBH 454.54 330006 21676 5 Vineyards/Cavo del Oso 12,134.50 330006 21685 Country Club Estates 45,625.00 330006 21698 5 Sandy Creek 86,387.25 330006 21702 Waldron Park/Laguna Shores 6,092.96 330061 21336 Cole Park 164.00 330395 21371 Gateway Park FB 196.69 340000 21440 Park memorials 4,500.00 352000-1030 21511 Permanent Art 114,300.00 330200-70 21460 Development Fees-Cm Enr Fd 200.00 330200 21460 Development Fees-Cm Enr Fd 251,200.00 CONTRIBUTIONS 805,549.93 341040-71 21300 Park Acq or Devel-Unrestricted 21,659.81 330405 21357 HEB Park Pool &Tennis 64.72 330435 21502 Beautification Promotion 331.58 330555 21507 Ed Exchg Prog-Sister City 0.18 330635 21511 Permanent Art 5,631.04 341040-70 21460 Development Fees-Cm Enr Fd 8,932.07 341040 21460 Development Fees-Cm Enr Fd 2,757.51 INTEREST 39,376.91 343590 21300 Park Acq or Devel-Unrestricted 1,301.50 Sale of scrap/city property 1,301.50 TOTAL REVENUE FOR APPROPRIATION 846,228.34 vow r CORPUS CHRISTI PARKS& RLuRLA I iON Parks & Recreation Department Community Enrichment Funds Council Presentation July 17, 2018 Community Enrichment Fund 4 CHRISTI PARKS6 • Established to hold *Donations *Public Open Space Fees *Proceeds from Sales • Unified Development Code, Article 8.3 Public Open Space • Requires developers to meet two requirements • Parkland Requirement ■ Single Family = 1 acre per 100 dwellings ■ Multi-family = 1 acre per 200 dwellings ■ Cash in lieu of land • Land requirement x Market value of acre • Maximum market value cap: $62,500/acre • Regional, community and neighborhood parks ■ within 5 miles per master plan Community Enrichment Funds CHRISTI PAg1-U Major Investment Parks West Guth Bill Witt Parker and Waldron Labonte Captain Falcon Neighborhood Parks Playgrounds and Fitness Equipment Tree Planting Project Hike and Bike Trail Development Questions from Park Fans SC GO H v AGENDA MEMORANDUM /rygoHPNNSEO First Reading Item for the City Council Meeting of July 24, 2018 1852 Second Reading Item for the City Council Meeting of July 31, 2018 DATE: June 25, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department jayell@cctexas.com 361-826-3464 Tom Graham Park Lease Agreement CAPTION: Ordinance authorizing a five-year lease with an option to extend for an additional five-year term with Grow Local South Texas, Inc. (Grow Local) for use of Tom Graham Park at 3914 Up River Road for a public gardening program PURPOSE: To approve the lease of a Tom Graham Park for Grow Local Gardening Program. BACKGROUND AND FINDINGS: In October 2012, the Parks & Recreation Master Plan is approved by City Council and Tom Graham Park was one of the parks identified to be repurposed by means of adoption, lease, transfer to another government entity, sale or allowing them to return to a natural state. In 2013, Grow Local began participating in the City's Adopt-a-park program and Council approved a full adoption of the park to Grow Local in March of 2017. Since their involvement with the park, Grow Local has made improvements to the park and engaged the community by adding a community teaching garden where everyone can learn how to plant, grow and harvest fresh produce and integrate the value of local food into their daily lives alongside experienced growers. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered/ Expended Amount This item 0 0 BALANCE 0 0 Fund(s): Comments: none RECOMMENDATION: Staff recommends approval of this agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with Exhibits Ordinance authorizing a five-year lease with an option to extend for an additional five year term with Grow Local South Texas, Inc. for use of Tom Graham Park at 3914 Up River Road for a public gardening program Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute a five-year lease agreement with the Grown Local South Texas, Inc. for the use of the Tom Graham Park located at 3914 Up River Road, in consideration of regularly maintaining the park in accordance with the agreement and provide a public gardening program at the park. A copy of the Agreement is on file with the City Secretary. The agreement maybe extended for one additional five-year term with prior approval of the City Manager. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor L 1 LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND GROW LOCAL SOUTH TEXAS, INC. STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This lease ("Lease") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager, or designee ("City Manager"), and Grow Local South Texas, Inc. a Texas non-profit corporation ("Lessee'), acting through its President, or President's duly authorized agent. WHEREAS, the City owns Tom Graham Park located at Oak Park Avenue near Up River Road„ address of 3914 Up River Road, Corpus Christi, Texas, including any and all improvements thereon, ("Premises"); and WHEREAS,the Lessee desires to utilize the Premises to conduct gardening activities for the benefit of Lessee's members and the public; NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Definitions. A. City -City of Corpus Christi B. City Manager- City Manager of Corpus Christi or designee C. Council -Corpus Christi City Council A. Director- Director of Park and Recreation Department or his designee B. Lease-This Lease Agreement, including all attached and incorporated Exhibits C. Lessee—Grow Local South Texas, Inc. D. Premises - Tom Graham Park located at Oak Park Avenue near Up River Road, address of 3914 Up River Road, Corpus Christi, Nueces County, Texas, as shown on Exhibit 1W which is attached hereto and incorporated herein by reference, and including any facilities and irrigation system located thereon. H. Risk Manager-The City of Corpus Christi Risk Management Department Section 2. Tema. City hereby leases the Premises, subject to all of the terms and conditions of this Lease, to the Lessee. The term of this Lease shall be for a period of five (5) years, beginning on the day after final Council approval, with one option to extend subject to approval of the City Manager for one additional five year term, unless sooner terminated as set out herein. Section 3. Consideration. In consideration of City's Lease of the Premises to Lessee, Lessee shall: A. Regularly maintain the Premises in accordance with this Agreement and provide a public gardening program at the Premises; and 2 B. Within 60 days from the effective date of this Agreement, Lessee shall provide the Director with a multi-year master plan for the use of the Premises, subject to review by the Director; and C. Provide 25-30 trees annually to be planted in the City Parks system; and D. Volunteer to plant trees during annual Arbor Day event. Section 4. Lessee Services and Responsibilities. A. City Use. if Lessee is not using the Premises, City has the right to use any or all the Premises for City purposes. Lessee shall not be entitled to any compensation, in whatever form, either tangible or intangible, for the City's use of the Premises. B. Maintenance. Lessee at its sole cost and expense shall maintain the Premises in accordance with the schedule attached hereto and incorporated herein as Exhibit "B". Lessee shall also be responsible to repair and maintain the irrigation system located at the Premises-at its sole cost and expense. If Lessee is unable to perform maintenance tasks as scheduled, or within a timely manner, the City Manager may terminate this Lease upon fifteen (15) days written notice to Lessee. The Director may, at any time during the term of this Lease, promulgate such additional and reasonable maintenance rules as may be necessary for the efficient and safe operation of the Premises. Director will notify Lessee, in writing, at least ten (10) days prior to the implementation of any new rule(s) under this Lease. C. Utilities. Lessee must comply with applicable water conservation standards adopted by City ordinance. City,provides City utility services for the Premises. D. Insurance. Lessee must obtain and maintain the minimum insurance requirements set out in Exhibit "C", which is attached hereto and incorporated herein by reference, for the period of the Lease at Lessee's own expense. Lessee shall use an insurance company or companies acceptable to the City's Risk Management Department ("Risk Manager") and must furnish the Risk Manager with a Certificate of Insurance evidencing that such insurance is in effect. A copy of all insurance policies will be provided to the Risk Manager upon his/her written request. Lessee cannot begin operation under this Lease until it provides a Certificate(s) of Insurance for all required insurance to the Risk Manager. City provides property insurance coverage on the building; however, Lessee is responsible for insuring Lessee's own personal property which may be located at the Premises. Section.6. City Responsibilities. A. Capital Improvements. City may, from time to time, and in City's sole discretion, undertake capital improvements to the Premises. Prior to commencing any capital improvements, City shall notify Lessee, in writing, of the dates in which Lessee shall be required to vacate the Premises, should the Director deem this necessary. Lessee agrees that the term'of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Premises for the purposes of constructing capital improvements. Lessee acknowledges and understands that City shall have no obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Premises. 3 B. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Park and Recreation or designee. Section G. Default. The following shall constitute events of default: A. Failure to perform scheduled maintenance, in accordance with Exhibit "B", and as required in Section 4B of this Lease. B. Failure to maintain any insurance required by Section 4. C. Failure to keep, perform, and observe all other promises, covenants and conditions contained in this Lease. Lessee shall be notified in writing of any default and shall have ten (10) days to cure the default. If the default is not cured or substantially cured within ten (10) days of receipt of the notice, Director may terminate this Lease upon (10) days written notice to Lessee. Section 7. Concessions. Lessee may operate farm stand concessions at the Premises subject to prior written approval of the Director. Section 8. Laws. Lessee shall comply with all applicable laws, ordinances, regulations, and rules of the federal, state, county, and City governments which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 9. Alterations and Inspection. Lessee shall not make any additions nor alterations to improvement at Premises without the Director's prior written consent. Any permanent additions or alterations made by Lessee shall become the property of the City at the expiration of this Lease. All alterations must be constructed in accordance with applicable Federal, State and Local laws, regulations and ordinances. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. Section 10. Relationshia. This Lease establishes a Landlordfrenant relationship, and none other. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 11. Indemnity. Lessee shall defend, indemnify and hold City, its ofcers, agents and employees ("Indemnitees"1 harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be Incident to, arise out of, or be caused, either proximately or 4 remotely, wholly or in part, by an act or omission, negligence, .or misconduct on the part of the Indemnitees or on the part of Lessee or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("indemnitors l entering upon City property, with the expressed or implied invitation or permission of Lessee, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arose out of, or was caused, either proximately or remotely .. wholly or in part, by an act or omission, negligence, or misconduct on the part of Indemnitors under this Agreement. Lessee covenants and agrees that it City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 12. Assignment. This Lease may not be, in whole or in part, assigned or transferred directly or indirectly without the prior written consent of the City. Section 13. Nondiscrimination. Lessee covenants that all its members, guests, and the public shall be treated equally without regard to or because of race, religion, national origin, marital status, sex, age, or disability and in compliance with all federal and state laws prohibiting discrimination in,employment. Section 14. Attorne 's Fees. If any action or proceeding is brought to take possession of the Premises, or to enforce compliance with the Lease, or for failure to observe any of the covenants of the Lease, Lessee must pay the City such sum as a court of competent jurisdiction may adjudge reasonable as attorney's fees in said action or proceeding or in the event of an appeal as allowed by an appellate court if a judgment is rendered in favor of the City. Section 15. Termination. Either City or Lessee may terminate this Lease at any time without cause by givingthirty (30) days written notice to the non terminating party by any method set out in Section 18. Section 16. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as 5 certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; or, (4) by deposit with an overnight express delivery service, for which service has been prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. All such communications must only be made to the following: 1F TO CITY: IF TO LESSEE: City of Corpus Christi Grow Local South Texas Attn: Director, Park and Recreation Attn: President P. O. Box 9277 711 N. Carancahua Street, Suite 700 Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78401 (361) 880-3464 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify City of an address change within thirty (30) days after the address is changed. Section 17. Waiver. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default shall not be construed to be a waiver of any subsequent breach, .norshall the failure to require full compliance with this Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 18.. 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 agreements on be- half of each party. Section 19. Inspection. Any officer or authorized employee of City may enter upon Premises, at all reasonable times and without notice, to determine whether Lessee is providing the maintenance required by Section 4B to the items in Exhibit "A" and in accordance with the schedule set out in Exhibit "B", or for any other purpose incidental to City's retained rights of Premises. Section 20. Sions. Lessee shall not place, paint, post, or otherwise affix any signs at, on, or about the Premises, or any part thereof, without the Director's prior written approval. City may require Lessee to remove, paint, or repair any signs allowed. If Lessee does not remove, paint, or repair the signs within ten (10) days of demand thereof in writing, the City may remove, paint, or repair the signs and bill Lessee for the cost. Lessee shall pay said billed costs within thirty (30) days of receipt of invoice from City. If payment is not timely made, City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may terminate this Lease upon ten (10) days written notice to Lessee. Lessee shall maintain a sign at each entrance to the Premises to limit the liability of landowners who allow property to be used as a community garden. The signs are required to be posted to read as follows: 6 "WARNING TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE LIABILITY OF THE LANDOWNER, LESSEE, OR OCCUPANT FOR DAMAGES ARISING FROM THE USE OF THIS PROPERTY AS A COMMUNITY GARDEN." The signs must be posted and maintained in a clearly Visible location on or near the Premises. Section 21. Surrender. Upon expiration or cancellation of this Lease, Lessee shall return Premises to City in reasonably good condition, ordinary wear and tear excepted. Any personal property remaining at the Premises upon expiration of the Lease shall become City property and may be disposed as City deems appropriate without necessity of any further action or notice by the City. Section 22. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR,HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION,CLAIMS,DEMANDS,AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTumiy TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH:PROPERTY FOR THE PURPOSE TO WHICH. LESSEE INTENDS TO USE THE PREMISES,AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY,ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. D. THE PROVISIONS OF THIS Section 22 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 7 Section 23. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City Charter, in the legal section of the local newspaper. Section 24. Captions. The captions employed in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 25. Interpretation. This Lease will be interpreted according to the Texas laws which govem the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 26. Severability. If, for any reason, any section, paragraph, subdivision, clause, provision,phrase, or word of this Lease is r held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not affect any other section, paragraph, subdivision, clause, provision, phrase, or word of this Lease, for it is the definite intent of this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Section 27. Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at Mps://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at htta://www cctexas.com/government!city-secretaw conflict- disclosure/index. Section 28. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises, and representations, unless contained in this Lease, are .expressly revoked, except for the promulgation of future maintenance rules as contemplated in Exhibit "B", Section 3, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits, of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of this Lease does not render the other provisions unenforceable, invalid, or illegal. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2018. CITY OF CORPUS CHRISTI 8 By: Keith Selman, Interim City Manager Approved as to legal form this i(day of 2018. Lisa Aguilar,` sistant City Attorney For the City Attorney GROIN LOCAL SOUTH TEXAS, INC. By: Name: yle Hoelscher Tale: President Date: 07/06/2018 f -tea-"'y� Y.,,,.'M ,��•��'� '?�'3" yg;+��i,� ;r!� . 1 Ilk 4 I J _ y$. .'y-"-- -. .•fir",_'� '.} •y ` 6 � 10 Lessee (Grow Local South Texas, Inc.) shall: A. Perform regular landscape maintenance services {including but not limited to mowing, edging and lawnblower of all lawn areas} in accordance with the following frequency schedule. B. Remove, pick-up and dispose of litter at least 3 times weekly. C. Regulate irrigation system for effective and efficient watering of law and landscaped areas following water conservation standards observed by the City (watering completed by 10 a.m.). D. Repair and replace damaged or broken irrigation components. E. Maintain and replace park elements according to manufacturer warranty standards during the warranty period. F. Trim plans and trees in accordance with ANS1300 Standards to remove dead vegetation or for accessibility. G. Replace trees damaged by maintenance activities, or damaged due to excess or lack of irrigation. H. Comply with the insurance requirements listed herein. I. Comply with the City Drought Contingency Plan available at city website. J. Request prior written approval from the Parks Director prior to installing any improvements. K. Request special event permit for fundraising activities and events conducted at the park L. Lessee shall maintain the Premises at all times during the term of this Lease in a clean and sanitary condition and, at the expiration of Lease, shall return said Premises to City in reasonably good condition, ordinary wear and tear and acts of God, excepted; and fire and flood damage or destruction, where Lessee is without fault, excepted. N. Request small special event permit for fundraising activities and events coordinated by the organization. Requests should be submitted to Special Events Program Manager., The Adopt-a-Park coordinator should be copied on the request. O. Attend an annual meeting with the Park Operations Superintendent or designee to discuss maintenance issues, safety concerns and proposed improvements. P. Ensure that all volunteers coordinated by Organization who are volunteering to perform work for the City at the park have completed the attached Volunteer Wavier form prior to performing work at the park. Q. Address any notifications from City for failure to meet responsibilities listed above within 10 days of receipt. Failure to cure issues within 10 days of receipt or the accumulation of three or more notifications will trigger a review of the agreement with the Director. Frequencv Schedule Jan Feb Mar Apr May Jun Jul AugSep Oct Nov Dec Mow,Edge, weedeat, power 2 2 3 3 3 3 3 3 3 3 2 2 blow walks and curbs weed beds 11 Remove all litter Every visit Trim plants and trees to remove As needed dead vegetation or for acoessibility Apply herbicide, pesticide and As needed fertilizer Monitor irrigation system (repair as Every visit needed Inspect play and Every visit ,-Park elements 12 EXHIBIT INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subLessee to commence work until all similar insurance required of any subLessee has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Department, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional Insured on the General liability and Auto Liability policies, and a waiver of subrogation As required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per.occurrence- aggregate applicable policy endorsements Commercial General Liability including: $1500,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Lessees 6. Personal Injury-Advertising Injury C. In the event of accidents of any kind related to this lease agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and 13 endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. 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 a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that with respect to the above required insurance, all Insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, 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. 14 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 contractor's performance of the work covered under this agreement. 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 agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2018 Insurance Requirements Parks and Recreation Dept. Grow South Texas Park Lease 04/11/2018 sw Risk Management SC � fA O H v AGENDA MEMORANDUM /NCppPpppS EO First Reading for the City Council Meeting of July 24, 2018 1852 Second Reading for the City Council Meeting of July 31, 2018 DATE: June 28, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Exemption from the Wastewater Lot or Acreage Fees for Water's Edge at Kitty Hawk Unit 2 CAPTION: Ordinance exempting Water's Edge at Kitty Hawk Unit 2, located south of South Staples Street and west of Kitty Hawk Drive, from the payment of the wastewater lot or acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the owner/developer of Water's Edge at Kitty Hawk Unit 2 from paying $24,388.20, in wastewater lot or acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: LJA Engineering, on behalf of Kitty Hawk Development, Ltd., property owner, submitted a request for an exemption from the wastewater lot or acreage fees in the accordance with Section 8.5.2.G. The potential wastewater lot or acreage fees are $24,388.20, based on the rate of$1,571.00 per acre. The subject property consists of 15.524 acres. Water's Edge at Kitty Hawk Unit 2 is a final plat for 15.524 acres, proposes to construct 25 single family residential lots. The final plat was approved by Planning Commission on July 12, 2017. The subject property is located south of the Oso Creek. Currently, this area does not have wastewater services available and a Master Plan was not adopted by City. The subject property will provide on-site sewage facilities in conformance with the regulatory agency (City-County Health Department). Staff does not anticipate availability of service within the 15-year term. K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUMMER BREEZE ESTATE\1-LAND DEVELOPMENT2-PH II,BLK 1,LOTS 1-10-FINAL PLA78-WASTEWATER FEE EXEMPTION\CITY COUNCIL-SUMMER BREEZE ESTATES EXEC SUMMARY ALTERNATIVE: Require the owner to pay the applicable wastewater lot and acreage fees in the amount of $24,388.20 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund which will include a 5 '/2 percent interest per annum from the date of filing of the final plat. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: On August 09, 2017, the Planning Commission recommended that City Council approve the wastewater exemption subject to a Sanitary Sewer Connection Agreement. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑D 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 RECOMMENDATION: On August 09, 2017 the Planning Commission recommended that City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro-rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUMMER BREEZE ESTATE\1-LAND DEVELOPMENT2-PH II,BLK 1,LOTS 1-10-FINAL PLA78-WASTEWATER FEE EXEMPTION\CITY COUNCIL-SUMMER BREEZE ESTATES EXEC SUMMARY LIST OF SUPPORTING DOCUMENTS: Ordinance and Sanitary Sewer Connection Agreement Presentation K:\DEVELOPMENTSVCS\SPECIAL SERVICES\APPLICATIONS FOR LAND SUBDIVISION\SUMMER BREEZE ESTATE\1-LAND DEVELOPMENT\2-PH II,BLK 1,LOTS 1-10-FINAL PLAT\8-WASTEWATER FEE EXEMPTION\CITY COUNCIL-SUMMER BREEZE ESTATES EXEC SUMMARY Pagel of 2 ORDINANCE EXEMPTING WATER'S EDGE AT KITTY HAWK UNIT 2, LOCATED SOUTH OF SOUTH STAPLES STREET AND WEST OF KITTY HAWK DRIVE, FROM THE PAYMENT OF THE WASTEWATER LOT OR ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Water's Edge at Kitty Hawk Unit 2, Located South of South Staples and West of Kitty Hawk Drive is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of Water's Edge at Kitty Hawk Unit 2, Kitty Hawk Development, Ltd., John Bratton, ("owner") the Planning Commission has recommended City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the wastewater lot or acreage fees in the accordance with Section 8.5.2.G of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro-rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. 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\HPPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC2F58ED\@BCL@FC2F58ED.DOC SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Kitty Hawk Development, LTD, John Pritchard Bratton, 8230 S. Staples St, Corpus Christi, Texas 78413 hereinafter called "Developer/Owner'. WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Water's Edge at Kitty Hawk Unit 2, Located South of S. Staples St, and West of Kitty Hawk Dr, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPERIOWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF WATER'S EDGE AT KITTY HAWK, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. t� zals h EXECUTED original, this clay of �, 0 ji 9 DEVELOPER/OWNERS: 94 1�4� iffy Hawk Development Ltd. Kitty Hawk GP, LLC its General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this Jr�/l� , day of �A / .-20q , by ZoIS ' '�� PAMELA J KIRKLAND Notary ID# 10548053 My Commission Expires r,,n n nia June 27,2020 Notary Public, St of Texas Sanitary Sewer Connection Agreement Water's Edge at Kitty Hawk, Unit 2 Page 2 of CITY OF CORPUS CHRISTI: William J. Green, P.E. Interim Director of Development Services THE STATE OF TEXAS § COUNTY OF NUECES § 2018 This instrument was acknowledged before me on 2W, by Interim Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature APPROVED as to form: Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Water's Edge at Kitty Hawk, Unit 2 Page 3 of 5 004- COME V Ea= awl aw_ M ▪ 4w maw.,_ r n 0104* 044 4. 4'f Mw A. is wn w 44 V M r.1/rq •n.wa w .rs4 4 4 w... M 4444 NEE .• Y4..., w M .•1.• Y N taw W Mtw4 •'I. .::I..Mt M err .4 4..441 lw F •ra sr/M EWE/a. e.-••. W .. 1 r ..Y• 'Man .r u .•.r. 41. W .. 1. 1.1•••• r .w 444. W 1.•14..1 M _ .w r a r• ..r WE u...:w+r. Lal. a.4 Mr* ad.. WEE Pala. 11.K Of TEE Mar, K 1[.011 • 44.4 44 b. rr.rir.• ...+s r •.. M .1•14.16 4411'11.1 14. ►.M vera.. M w in . 1... Elm Mw ..444...44. ▪ P 14..•••1 .44...44./ r .44-. w Ft 41.6 ww. r ... 4444 M .44-01 M w.• 1. .. /.n. w 44.44.44. .4444. ..ry.rwl a4. .r.. w E. 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G-.•`1v. 4 r_', � +� y+��'�11 g�rw~���:y : 1"'_.7r.�R..71 r ;r 1Er � , §,'l p>K •p\ T• R S � 1 Y -an a.awy ..1 1::'T" t I .3F .=N -4= .p ' S} a �1 r..� •��,, is i ry, ;• ,� ,� 6•�r � ItG F �. � � _ `�'"•`•� :�� �; �^ � �Yal SIC � w �� � •i1p T� is:w� �� C � rim re lk 3C EXHIBIT 2 Sanitary Sewer Connection Agreement Water's Edge at Kitty Hawk, Unit 2 Page 5 of Wastewater Lot/Acreage Fees Exemption Water's Edge at Kitty Hawk Unit 2 City Council Presentation July 24, 2018 Vicinity Map got .■rug■■■■�■■d ��.���� �,� 51B m e _ �t .4y It Corpus Christi Aerial Overview 0. �lSsph, �ISIJ�5M QIF /tel-d d d Gardens) • sc �'� 4 t M9�1S�C�P9�(y Edgs MM Hook MEW Bo 0000 3 Planning Commission and Staff Recommendation Approval of Wastewater Lot/Acreage Fees Exemption se O AGENDA MEMORANDUM NCORPORPSE 1852 Public Hearing and First Reading for the City Council Meeting of July 31, 2018 Second Reading for the City Council Meeting of August 14, 2018 DATE: July 2, 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 6000 Yorktown Boulevard CAPTION: Case No. 0218-03 William B. Miller, Jr.: Ordinance rezoning property at or near 6000 Yorktown Boulevard from "RS-6" Single-Family 6 District to the "IL" Light Industrial District.(3/4 vote required) PURPOSE: The purpose of this item is for the sale of the property and to bring an existing nonconforming use of a building into conformity with the land's zoning. RECOMMENDATION: Planning Commission and Staff Recommendation (June 27Planning Commission and Staff Recommendation (June 27, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District (Tract 1). Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District, in lieu thereof approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions (Tract 2). Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Staff has coordinated with the applicant to create a split zoning option to preserve the ability for reuse of the former Del Mar Distribution Building at an industrial capacity versus the outright granting of the Light Industrial District for the entire property. Planning Commission has agreed and recommended the spilt zoning proposal and amending the time extension to a period of twenty-four (24) months as a condition of the proposed Special Permit. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside 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 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. 0218-03 William B. Miller, Jr.: Ordinance rezoning property at or near 6000 Yorktown Boulevard from "RS-6" Single-Family 6 District to the "IL" Light Industrial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of William B. Miller, Jr. ("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, June 27, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS-6" Single- Family 6 District to the "IL" Light Industrial District (Tract 1) and "CN-1/SP" Neighborhood Commercial District with a Special Permit (Tract 2) and on Tuesday, July 31, 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 William B. Miller, Jr. ("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 4.686 acre tract out of Lot 12, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Yorktown Boulevard, east of Loire Boulevard, and west of Cimarron Boulevard. (the "Property"), from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District (Zoning Map No. 044031), 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. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C3AOBE6\@BCL@5C3AOBE6.docx Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza 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@5C3AOBE6\@BCL@5C3AOBE6.docx Page 3 of 4 QbFF �eF Ss0 a � seer R qr�40 4 y 24'25 4 13 11 0 V CN-2 12 14 15 RS-TF 22 32 7 0 36 26 28 ,\ 23 8 18 J� 17 SUBJECT - 01 16 0 o19 PROPERTY 35 27 srRJ \3 33 31 3 0 9 2�y 29 30 4� MgRpM��40 20 5 34 yORkTO RM-1 v $O v Dale Created-?JIW2018 0 4 B Prepared A-7--yM @f Department of L)eJelapment Services CASE: 0298-03 ZONING & NOTICE AREA RM-1 Multifam8yI IL Light Industrial ' RM"2 Multifamily2 IN Heavy Industrial RM-5 Multifami al Office Pilo Planned Unit D­Overlay SUBJECT ON RS-10 5ingle-Family 10 RM-AT Multifamily AT RS6 Single-Family 5 ERTY CN-1 Neighberhead Commercial R34.5 Single-Family d 5 CN-2 Neighborhood Cammerclal RS-7F Two-Family CR-i Resort Commercial RS-15 Single-Family 15 ,yF CR-2 Resort Commercial RE Resldentlal Estate 6 CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreafional Vehicle Park CBO Ocwnto—Cammerclal RMManufactured Home CR-] Resort Commercial FM4ASI t♦t♦IIt• FR Farm Rural Y41 -10 N Nlstonc Overlay V11 BPBusiness Park w SUDJect Roomy O bwnera _ 5a — w�azgvrrr rva. City of 4 owners wrrnm zoo'oared on owners ._—. _ os� Corpus axa eeow a,snrpraae X inoneoa+mn LOCATION MRP - °Rc Christi C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyFDF 8\@BCL@5C3AOBE6\@BCL@5C3AOBE6.docx Page 4 of 4 Case No. 0218-03 William B. Miller, Jr.: Ordinance rezoning property at or near 6001 Yorktown Boulevard from "RS-6" Single-Family 6 District to the "IL" Light Industrial District (Tract 1) and "CN-1/SP" Neighborhood Commercial District with a Special Permit (Tract 2). WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of William B. Miller, Jr. ("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, June 27, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS-6" Single- Family 6 District to the "IL" Light Industrial District (Tract 1) and "CN-1/SP" Neighborhood Commercial District with a Special Permit (Tract 2) and on Tuesday, July 31, 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 William B. Miller, Jr. ("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 1 .067 acre tract being out of a 4.686 acre tract out of Lot 12, Section 10, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1) and being described as 3.618 acre tract being out of a 4.686 acre tract out of Lot 12, Section 10, Flour Bluff and Encinal Farm and Garden Tracts (Tract 2), (the "Property"), from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District (Tract 1) and "CN-1/SP" Neighborhood Commercial District with a Special Permit (Tract 2) (Zoning Map No. 044031), as shown in Exhibits "A", "B", and "C". Exhibit A and B, are metes and bounds descriptions of the Property, and Exhibit C, 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 are as defined by the Unified Development Code (UDC) in Section 5.1.5.13 "Warehouse and Freight Movement" except bus barn, coal and coke storage and sales, milk distributing station, the stockpiling of sand, gravel, or other aggregate materials, Section 5.1.4.H "Self-Service Storage", and Section 5.1.4.1 "Vehicle Sales and Service" except auto rental, auto upholstery shop, bicycle and watercraft rental, boat and recreational vehicle sales, camper shell sales and service, manufactured home sales, repair and service of RVs, boats, and light and medium trucks, vehicles sales or leasing facilities, and vehicle service, heavy. 2. Setback: A setback at a minimum of 20 feet shall be maintained from any residential property. No buildings or storage shall be allowed within the setback. The existing screening fence shall be maintained in good condition. 3. Outdoor Storage: Any outdoor storage occurring within 50 feet of a property line shared with a residential use shall not exceed 20 feet in height. 4. Dumpsters: No dumpsters or refuse receptacles shall be located within 20 feet of any property line shared with a residential use. 5. Landscaping: If the use of outdoor storage or an addition to the existing building occurs, landscaping shall be installed in accordance with the requirements of the Unified Development Code (UDC) along Yorktown Boulevard. 6. Lighting: All lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 7. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 8. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 9:00 PM. 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 twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, a certificate of occupancy or UDC compliance has been issued. 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. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@5C3AOF6C\@BCL@5C3AOF6C.docx Page 2 of 7 SECTION 6. 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@5C3AOF6C\@BCL@5C3AOF6C.docx Page 3 of 7 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@5C3AOF6C\@BCL@5C3AOF6C.docx Page 4 of 7 STATE OF TEXAS Tract 1 COUNTY OF NUECES Field notes of a 1,067 ale tract being 1x11 of a 4.686 acre tract out of Lot 12,Section 10.Flour Bluff and Enctinal Farm and Gurden Tracb,as shown on a map recorded in Volume A.Pages 41 —43,Irinp Rectxtls u(Nueces County. Texas,said 4.6*lore tract also being out of the 47.31 aLm Uel Mar Distributing tract,described in a deed morded to Volume 1660,Puge IU7.Deed Rctvrds of Nuars County,Texas,said 4.686 acro(rat-t also being a purtkm of a 2.42 acre tract described to a deed rtcortl ed in Volume 2331.Page 862,decal Records of Nueces County.Texas. Said 1.067 acre tract being more partiA ularty de"bed as follows: BEGINNING at a point in the common line of the northeast right of wu)of Yorktown Boulevard mud said 4.686 acre trust,tax an interior comer of a 3.618 u-m tract sunryed this day by Briaer Sunrying,and fix the south,,urner or this sursry.from WHENCE u""re-bar set in the nurft"right of way of YorktA,wn Boulevard.tar the west corner of the 2.15 acre Charles L Berns tract,described in a deed re:corded in Dexument No.2013032477.Deed Records of Nuecrs Courny,Tesas,for the south corner of said 4 686 acre tract,and for the south cermet of said 3.618 acre trasi.bears South 61'24'40"East.a dimarvLv orf 4.61 feet. THENCE with the common line of said 3.618 acre tract and this surrry.North 28°41J'4y"East,a distance of 214,61 feet to a puirnt,for an interior corner of said 3.618 acre trwt.and for the rast corner of the stu vey. THENCE with the common :ine of said 3.616 acre tract and this surrey,.North 61'26'20"West,a distance of 216.63 feet to a point,for an interior corner of said 3.618 acre tract,and for the north corner of ibis swsry. THENCE with the oommtm line of said 3.618 rise tract and this survey.South 28°41'22"West,a distance of 214.50 feet to a point in the common line of the northeast right of way of Yorktown Boulevard and said 4.686 acre trait.lot an exteriur corner or sa.d 3.618 acre tract,and fur the west sumer to this survey THENCE with the common lime of the northeast right of way of Yorktown Boulevard,said 4.686 uze tract.and thn survey.South 61'24'44r Fust,a distancY of 216.67 feet to the POINT of BEGINNING of this tract,and containing 1,067 acres of land.more of iess. Notes_ 1.)Bearings are based on Glubal Poskiuning System(NAD 153(y3142U5 Datum. 2.1 A Map of equal date accompanses this Metes and Bounds descrrpttun. 3.)Set 518"re-bar=re-bar set with yrllow plastic cup labeled Brister Surveying. 1.Ronald L Brister do hereby certify that thts iurvey of the property legally described herein was made on the ground this day April 3.2018 and is currect to the best at my knowledge and belief. Ronmld .Brutsr.RPLS No.5407 Wic lune 27,2[1 1& trOFT is RONALD E BRISTER �y n 4a,Nn txtlaah Exhibit A C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@5C3AOF6C\@BCL@5C3AOF6C.docx Page 5 of 7 STATE OF TEXAS Tract 2 COUNTY OF NUECES Field notes of a 3.618 aim tract being out of•a 4.686 acme tract out of Lot 12,Section 10.Flora Bluff and Encina) Farm and Gurdm Tracts,as Owwn on a map recorded in Volume A.Pages 41-43,Map RCWrds of Nueoes County, Texas.said 4.686 acre tract also being out of the 47,31 acre Del Mar Distributing trait,described in it decd recorded in Volume 1660,Page 107.Deed Records of Names County.'rexax said 9.686 acre trot also being a portion of a 2.42 ate tract described in a deed recorded in Volume 2331.Page 862,deed Records of Nuars County.Texas. Said 3.618 acre tram being more particularly described as folknvs BEGINNING at a 518"re-bar set in the ruirtheam right of way of Yorktown Boulevard,fur dx north corner of a 0.31 acre tract conveyed to the City of Corpus Christi.described in a deed recorded in Ductumni No.2010003681, Decd Records of Nuems County.Texas,(o the west corner of said 4.686 acre trap.and for the west corner of this sunny. THENCE with the common line of said 4.686 acre tract and this survey.North 28°35'19"East,at a distance of S.UO feet piss a 518"re-bar ad.for the south corner of Lot I,Block 2,King',,Point Unit 3,as shown on a map recorded in Vulume 64.Pages 231-233.Map Records of Nueces County.Texas.from WHENCE a N8're-bur found in the common Ione at the soutiseast right of way of Lure Boulevard and the northwest litre of I.ut 1,Block 2,bean Noah 61°24'41.1"Woo a distance of 3.14.04 feet.TH E NCE North 2is`35'21y'East,u distance of 20.94 fi+et.and in all a total dutan)t of 378.00 led to a point in the lout crost I ithe of Lot 1.Block 2,fur the west csxrher u1 La 12.Block 2, for the north corner of sad 4.6116 acre trail,and for the north loftier of this survey.Irom WHENCE a Stir"re-bur for south corner of Lot 9.Block 2,beurs North 28"35'19"East,u distance 125.58 fees. THENCE with the cummun litre of the suutbwesl line of Lot 12.Block 2,said 4.686 acre tra-t.aril this survey. South 61°24'40"Earl,at a disc ce of 0.2 U feet pass a 518"re-bur found.at a distmice of 539.80 feet piss a 518"re- bar found,and in all a total distance of 539,96 feet to a point in the common line of Lots 1 I and 12.Section 10 and the rarthwtsl Ione of Lot 13.Block 4.King's Poim Unit 5.Volume 64.Pages 7-S.Map Records of Names County. Texas,kor the south carrier of Lex 20,Bkx-k 2.1or the east currier of said 4.686 acre tract.and for the east turner of this sun-ey,from WHENCE u-""m-bar found for the east cattier of List 26,Block 2,North 28135'19"East,u distance of 346?9 feet. THENCE with the common line!sots I 1 and 12.Section I It list 13.Block 4.said 4.686 acre tract.and this survey. South 28'35'19**West,a distance of 378.0(feet to 510"m-bar set in the northeast right of way of Yorktown Boulevard,for the west corner of arc 2.15 acre Clarks L.Benys tray.described in u dead recorded in Uuctumm No.2013032477.Deed Rmxmh of Nuems County,Texas,fur the south turner of said 4.686 acre tract and for the south co neer of this survey. THENCE with the common line of the mtrtheusit right of way of Yorktown Boulevard,said 4.686 acre tram and this strsey.North 61"-4'40-West.a distumv of 4.61 feet to a pont In the corrtmott lite of the nuitheat right of way of Yorktown Boulevard and said 4.686 acre tract.for the south comer of a 1.067 acre tract sur-eyed this day by Brauer Surveying.and fir an eeteriur corner of this aunty. THENCE with the cummin Ione of said 1.067 acre ifa,t and this survey.North 28`40'49'East,a d6tamt of 214.61 feet to o point.ria the eau corner of said I.u167 acre tact.and fur an interior cower of this mrvey. THENCE with the common line of said I.U67 acre tract and this survey.North 61'26'2(r West,u distance of 216 63 feet to a point.for the math carrier of said 1.067 acre tract.and our an interiur comer of this survey. THENCE with the cumnnun line of said 1.(67 acre tray and this survey.Soo is 28°41'22"West,a destam-c of 21A SU feet toa point in the common line of the tuxthmi right of way of Yorktown Boulevard unhd said 4.686 acre tract,for the west comer elf said 1,(67 ate tract,and fur an exterior comer of this mu-my. THENCE with the common line of the northeast nSM of way of Yorktown Bwlevard_suid 4,686^;m tract,and this wrvco.North 61'24'4(T"West.a distance of 318.68 feet to the POINT or BEGINNING of this vat,and containing 3 618 acres of land,mune or less. Notes: I )Bearings arc bossed on Global Pusiliooing System NAD 83 1937 4203 Dutum. 2)A Map tit equal date accvmpunies this Meters and Bourhdx deAriptwn. 3.)Set 518"re Ixa=re-bar set with yellow plastic cap labeled Brister Survey ins. 1.Ronald E.Buster do hereby certify that this survey of the property legally desxtibetl bemin was made on the ground this day April 3.2u18 and is correct w the best of my knowledge and belief. 1 ' Ronald Ej Bolster.RPLS Nci.3407 Date:lune 27.2018. r EOFr oc�r�ao'Jh uRONALDM Exhibit B Job Nos. 1811431 C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@5C3AOF6C\@BCL@5C3AOF6C.docx Page 6 of 7 '1:lHli1Y']vo1NL\ � i tlNi•11fIMll ���� VItNVIfR[NIttYW I_ •-A�(�1' t2nlvumdi�.lo�i iUvv Ly R 1 4R-9r 3 CuIr Y1� .1 7�Qi0 38��4 A N g �hR�` j c�4 v'UVIDVR ~�, I ..a a.s I I a 3 II 9 I I h5 Cu L I I 4rcA>am iIl{t�W ` IFvnv nm�.r! - �P [alvu•1mifAYluwnu ur[u mv+�.. ..,... >�oalolrwau ® F� Exhibit C C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@5C3AOF6C\@BCL@5C3AOF6C.docx Page 7 of 7 PLANNING COMMISSION FINAL REPORT Case No. 0218-03 INFOR No. 18ZN1004 Planning Commission Hearing Date: June 27, 2018 = Owner/Applicant: William B. Miller, Jr. ma�o Location Address: 6000 Yorktown Boulevard Legal Description: Being 5.205 out of Lot 12, Block 10, Flour Bluff and Encinal Q w Farm and Garden Tract, located on the north side of Yorktown Boulevard, east 0 of Loire Boulevard, and west of Cimarron Boulevard. *, From: "RS-6" Single-Family 6 To: "IL" Light Industrial District 'c s Area: 5.205 acres N Purpose of Request: For the sale of the property and to bring an existing nonconforming use of a building into conformity with the land's zoning. Existing Zoning District Existing Land Use Future Land Use = Site "RS-6" Single-Family Light Industrial Commercial ca _ North "RS-6" Single-Family Low Density Medium Density N Residential Residential N South "RS-6" Single-Family Low Density Medium Density = Residential Residential N J East "RS-6" Single-Family Low Density Low and Medium X Residential Density Residential Lu West "RS-TF" Two-Family Vacant Commercial Ca Area Development Plan: The subject property is located within the boundaries a c of the Southside 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) and warrants an amendment. o Map No.: 044031 a Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 536 feet of street frontage along Yorktown Boulevard which is designated as an L ° "A3" Primary Arterial Street. According to the Urban Transportation Plan, "A3" CL N Primary Arterial Streets can convey a capacity between 30,000 to 48,000 _ Average Daily Trips (ADT). L Urban Proposed Existing Traffic Street Transportation a°i Plan Type Section Section Volume L O N Yorktown "A3" Primary 130' ROW 130' ROW 14,279 Boulevard Arterial Street 79' paved 40' paved ADT (2013) Staff Report Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the ""RS-6" Single- Family 6 District to the "IL" Light Industrial District on 5.205 acres for the sale of the property and to bring an existing nonconforming use of a building into conformity with the land's zoning. Development Plan: The subject property is comprised of 5.205 acres. The owner is requesting to rezone to the "IL" Light Industrial District. The applicant explains that the purpose of this zoning change request is to allow for the current use of the property to conform to the Unified Development Code (UDC). This building was originally built in 1982 prior to the city annexing this section of Corpus Christi. The existing building is 32,099 square feet in size. The use of the property has been for distribution purposes (Del Mar Distribution Company) since its inception. There are no current plans to expand the existing building, however, the owner is also seeking this change to ensure that his business or a future similar business is not in jeopardy of expansion based on the current zoning. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 and is a portion vacant land and a portion with a 32,099 square foot building. The subject property and surrounding area was annexed in 1989. To the north and east are single-family residential subdivisions (King's Point Unit 3 and 5, 2005) zoned "RS-6" Single-Family 6 District. The bordering single-family residences along the subject property were constructed between 2005 and 2012. Additionally, to the east is a large unplatted single-family property also zoned "RS-6" Single-Family 6 District. To the south is Yorktown Boulevard and a single-family residential subdivision (King's Crossing Unit 14B) zoned "RS-6" Single-Family 6 District. The single-family residences were also constructed between 2005 and 2012. To the west is a vacant tract (King's Point Unit 3, 2005) that was rezoned to the "RS-TF" Two-Family District in 2004. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC) and with the following policies of Plan CC: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). Staff Report Page 3 • High-intensity commercial and industrial areas should be buffered to provide transition from low-density residential areas (Southside ADP, Policy Statement B.6). • New high-intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low-intensity residential areas. (Southside ADP, Policy Statement B.7). Department Comments: • The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment. • The proposed rezoning is also incompatible with neighboring properties and with the general character of the surrounding area. This rezoning may have a negative impact upon the surrounding neighborhood. • The property is currently a portion vacant land and a portion with a 32,099 square foot warehouse style building and approximately 30 feet in height. The building was constructed in 1982 (7 years prior to annexation). • The subject property is located midblock between South Staples Street and Cimarron Boulevard, a remaining "RS-6" Single-Family 6 tract annexed in 1989, and has never been developed further and is surrounded by residential zoning districts. • The character of the Yorktown Boulevard corridor between South Staples Street and Cimarron Boulevard is primarily lower intensity commercial uses and the rear yards of single-family residences. • Specific uses along the Yorktown Boulevard corridor: o At the major intersections: Pharmacy, two convenience stores/fueling stations, and two churches. o Midblock: Two existing small shopping centers, one shopping center under construction, a proposed dialysis clinic, a church, a funeral home, the rear yards of approximately 36 single-family homes (King's Crossing Subdivision), and vacant properties zoned "RS-TF" Two-Family District or "CN-1" Neighborhood Commercial District. • No industrial zoned properties or uses exist along the Yorktown Boulevard corridor from Weber Road (State Highway 43) to Cimarron Boulevard. • Proposed development along and near the Yorktown Boulevard corridor includes a shopping center and dialysis clinic, Veteran's Memorial High School, proposed multi- family apartment complexes, and infill residential development. • Additionally, the proposed Del Mar College south side campus will be located on the Yorktown Boulevard corridor approximately 1.5 miles to the east of the subject property. Del Mar College is projecting the south side campus to have a population of 6,000 students by 2020 and an additional 14,000 students by 2030. • Since the requested "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC), a Special Permit is a viable option of allowing the redevelopment of the existing nonconforming building. • Staff has recommended uses for the building that are in line with a warehouse/distribution center use while restricting uses that may pose a risk or nuisance to neighboring single-family residences. Additionally, staff has proposed limited hours of operation as a condition of the Special Permit. Planning Commission and Staff Recommendation (June 27, 2018): Staff Report Page 4 Tract 1: Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District. Tract 2: Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District, in lieu thereof approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) 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 are as defined by the Unified Development Code (UDC) in Section 5.1 .5.13 "Warehouse and Freight Movement" except bus barn, coal and coke storage and sales, milk distributing station, the stockpiling of sand, gravel, or other aggregate materials, Section 5.1.4.H "Self-Service Storage", and Section 5.1 .4.1 "Vehicle Sales and Service" except auto rental, auto upholstery shop, bicycle and watercraft rental, boat and recreational vehicle sales, camper shell sales and service, manufactured home sales, repair and service of RVs, boats, and light and medium trucks, vehicles sales or leasing facilities, and vehicle service, heavy. 2. Setback: A setback at a minimum of 20 feet shall be maintained from any residential property. No buildings or storage shall be allowed within the setback. The existing screening fence shall be maintained in good condition. 3. Outdoor Storage: Any outdoor storage occurring within 50 feet of a property line shared with a residential use shall not exceed 20 feet in height. 4. Dumpsters: No dumpsters or refuse receptacles shall be located within 20 feet of any property line shared with a residential use. 5. Landscaping: If the use of outdoor storage or an addition to the existing building occurs, landscaping shall be installed in accordance with the requirements of the Unified Development Code (UDC) along Yorktown Boulevard. 6. Lighting: All lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 7. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 8. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 9:00 PM. 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 twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, a certificate of occupancy or UDC Staff Report Page 5 compliance has been issued. 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 — 36 within 200-foot notification area 5 outside notification area 0 As of May 25, 2018: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 4 inside notification area a — 0 outside notification area Totaling 5.07% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0218-03 William B.Miller,Jr\PC Documents\Staff Report_0218-03 William B.Miller,Jr.docx Staff Report Page 6 a r,� !L4,25 # D 21 CIF_g f2 r4 fi gas-rr 23 � � o 36 �� •� Y3 — 8 }g 5 JIM; , — ��' 39 � — o f 9 29 llly� LO S 14 Ifto JRAU a � J � �m�� etR10Mttl � { T �cFaoartma,fnr derefopooer . CASE: 0218-03 ZC?NIN13 $ NOTICE AREA i RlF1 MWIIrlm111'9 � Lljlf lFdernol p� 3 MrRYHItr 2H ..—yInuu. I J� NM Q mwbKw ld 8 pyp Pi....d..H 6...0-1, J 8N PrOlen101MI cm- 8910 1Q NMa1T M.tYlmlly AT A84SVyk F—W.. 191-7 NngRbornaw Cew111irtllrl R84.6 GOgk Flm;ly45 cm-1 .1gh.ilwoa[.mm.Bri R&-TFT -pomllF 091-7Rer Gt C-.-VI M9 l lIna.-F..mily u ew.2 Rewm€Om 'Hi RERlaW r7Rl EatIIM W.} rwr++rdi Gcmm�rcyi R&lAl loan w I C0.t Erne: G-1.1 tlP ZpnLil Pdrmlt cl »wmry t i.l RV R"rrew.alAhic4P.* j f eeo nawmaurt Call Xertiil ff •fi 4R 7 R.avr t .rcm RMN Ylnu Aiandltl NOM! ftfiY� nR „lrM eaii^I r4� ti BP 649�ne9l PlRS I j'7l�S.NY RypMy 0 Zr l G)iL I�LJ� ik`lhh OURS �1 mY-a ---�..--.--.... lAl�1'rr yV Oii, s --:- ._ .. C. -r—. * - arrwrxw Pal. h�fblP—' LOCATIi)FW MAP .. ehli ImiL Staff Report Page 7 Persons oaths disaNlitrrss plarsning to altand this MPating,who mn tequite special services,are requested to contact the Developmerii Services Deparimenl Al ieasl 48 hours in advance al 1361)826-3240.ixersonas can incapaeidades. Qua tienen_la_i!!tengiOR de gsimir a esta Iunray gree requieren{.grvloos especiales, se les supliea cu-r den avisa horas antes de is iunta llamando al dep'artamcnta de seruiclos de deszrrnllo,al nti mere f3d1)9W24 Q. If yGo wish to address the ommission during the meeting and your English is Irmlted,pltast call the Developtnerrt Services Department at(361) 826.3240 at Feast 48 hours in advance W requeml an Interpreter be present during the rrleeting. Si casted dasea dirieiirse �.- la commission durance Ie iunt, nu ipgI63 es iirrlllado; (avur de ilamar al degamento de serviiCttrs r'r:r!r- -,rr:rllr),"I r lmPs4� $1� $- $Q_ I merps_4Shora%antes de la lunla para spliCrtar uointErprataser preseiileC4rtlli".L:It1 LI`lil. T CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Gaspe No. 0248-02 William S.Miller,Jr.has petitioned the City of Corpus Christi ter consider a change of zoning from the 'IRS-61'Single-Farnily 6 District to this"IL" Light Industrial Distripj resulting in a chap a to th Future l=and Use Map.The property to be razoned is described as,, 6000 Yorktown Boulevard and being 5-205 out of Lot 12, Block 9o, Flour Bluff and Encinal Farm and Garden Tract, located on the north side of Yorktown Boulevard, cast of Lairs Bdulava7d,and wast of+Cimarron Boutevatrel- The Plan ning Comms ss ion may recomm end to City Council approval or denial r or approval of an intermediate zoning Classification andlor Special Permit- ,approval of a change of zoning, if Inconsistent with the City's Comprehensive Plan.will also have the effect of amending the Comprehensive Plan to reflaet the approved zoning. The Planning Cornmissioa will-conduct a public heating For thils rezoning request to discuss and forrnutate a recommendation to the City Council.The puMc hearing will be held on Wednesday, May 30,2018,during one of the Planning ommMioil's regular meetIngs, whlch begins at 9:30 Pm_ in the City Council Chambers, 1201 Leopard.Street- You are invited ler altend this pubfic hearing to express your views on this rezoning request. For more inform a ion,please call(3B 1)62"240- To BE ON RECORD,TIiiS FORM MUST BE FIL LEO OUT,SIGNED BY THE CURRENT PROPEFM CWNE€tfSl AND KOAFLED IN ITS ENT1REff TO THE DEVELOPMENT SERVICES DEPARTMENT, P'.O-BOX 9277,CORPUS CHRISTI,TEXAS 711489 9277, ANY INFORMATION PRWDED BELOW SECOMIES Pl101-1C RECORD, NOTE: In accardenea wltll tie Planning Commisslon Bye-Laws,ria disculmian shall ba held by a niombor Dr members of this Gnrwiselan with an appilcantor appallantconcerning an application or appeal,either at home or off!ra,or fn person, 4y tnle"one call or by loiter. tarinted Name=_ {_ ALrldress' G ;L All [1 ((t- F P- 0it7r'75bole_ r U6 hrii sh. + ( ) IN FAVOR 1� IN OPPOSITION Pilule= L` _t � SEE MAP ON REVERSE SOE Case No 021-03 IWFOR.Caso No-:1 eZNJ 1104 ProjaCt Managar:Andrew[limas PrPpSaAy Chvhw Irl-1 Emil:ondrowd2.12cekex9e.C13M Staff Report Page 8 Persons with disabilities planning to attend this mesting, who may require speaal services, are requested to content the Devetopment Services Department at[asst 48 hours in advance et(361)926.3240, Personas coon inC2Dacidarf n Ig. r rggrv0Qi2§ mKriales, se les suplica quo den avi 4 horas antes de la junta Itarnando a1 denartamento de serwicios de desarrorlo, at numero(MI) 826-3240, If you wish to address the Commission during the meeting and your English is limited, please call Ifie Development Serwices Department at(361) 826-3240 al least 48 hours in advance to request an interpreter be gent during the I meeting- Si usted desea dirirtirse a la cornmissloa durafll 121�u 1 su inul6s es limit ado, favor de Illarnar �I �gpartamento de servidos de desarrolto a1 nurnera Q61)826-3240 at mends 48 horas Snte§de la lunta para solicilar uriint8rpreto ser prinl6(preto ser preswite duranle la lunta. CITY PLA NNfNG COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0218-08 William B.Miller,Jr.has petitloned the City of Corpus Christi to consider a change of zoning from the "RS-6" Sinslle-Family 6 District to the 41 L" Light Industrial District resulting in S change to the Future Land Use Map,The property to be rezoned is described as: 6000 Yorktown Boulevard and being 5-205 out of Lot 12, Block 40, Flout` Bluff and Encinat Farm ;and Garen Tract, located on the north side of Yorktown Boulevard, east: of 'Loire Boulevard,and wrest of Cimarron Boulevard. The Planning Comm isslan may recommend to City Council approval or danial,or approval of an intermediate aaninq classification andlor Special Permit. Approval of a. GYlange of zoning, if inconsistent with the City's Comprehensive Flan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission wilt conduct a public hearing for this rezoning request t4 discuss and formulate a recommenda0on to the City Council- The public hearing will be held on Wednesday, Mpy 30 2018 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend thin public hearing to express your views on adds rezoning request-For more information, please null(381)826.3240. Ti=l$E ba RECOI`l),THIS FORM r-AusT BE FILLED UUT.SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN IIT$ ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P_O. BOX 9277, CORPUS CHRISTI, TEXAS 7t3459- 9277- ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECOf*, ..- ------_ --------- _ _---_- s-.— — NOTE: In accordsnae with ttye Plannln�g Carrvmisslan @�t�aws,no 4is�ue�lefn rfiell he held by a m-ember or memb$re of this Commission wlth an applicant or appellant concerning an application or appeA.elthrer at home or office,rar In pgrdorr, by relephone call or by letter. Pring Name: Addren: cfty1i:ate; ( } IN FAVOR ( IN OPPOSITION Phane: Vq LI-d IIJI � REASOK Signature SEE MAP ON REVERSE SIDE Casa No,02'18 ]3 INFOR Case No.: t6ZNi%4 Project Maflegr;Andrew Dimas Property Cswrmr I D.7 Email:andre.d2QcdWxas.corn Staff Report Page 9 Persons with disabilities plonning to allerld This meeting,wbo may require gpecW sarvlces,ars ragoesied la conlacl the J)evelopmant Servioes 0epartrmenl al least 48 hours in advance at(391)IS 3240_Personas can innarr,9 i[l 1+'ry �ue tlenen !2rnlpnci6t1 de aslstir a esia lunia V Quin(EQUiONo serMig._es omiiNgs,je JEL2VA10_Iye,def 11;,_i 06 bores antes de la/ante Itamando al departamento de§MlQl2a dftarroEla.al numaro r361)&26.3240_ Ir you veiwh Ib address the Commission during the meeting and your EngtIsh IS limited,please call the Development Servicca Clk4N6rlrv%&nl at(337}a2Fi-3244 at least AB hour$4r7 edvaiic4 10 ieyue?�t drr irileripe1w Lve Wtnmrnt Owing the meeting_ Si usled desaa rllri irs a la oornmission Ilmltada, rawrsr da Irani r at d9 aAameinio de senriclos d d e. rr— 2£r-32Afl at mends Ab hares antes de la lunta Para sd_ieitar Wn inliMEgig 2Z pMgnte durante la junta CITY PLANNINQ COMMISSION PUSU.HEARING N077CE Rezoning Case No. 0218-03 William B.Miller,Jr,hm petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6"Single-Family 6 District to the"IL"LightInduetriat District,rasuttingt in a change tc ttw Future Land Use Mats.The properly to be ruined is dwwAhied As• 6000 Yorktown Boulevard and being 5.205 out of Lot 12, Black 10. Flour Bluff and Enclnal Farm and Girders Tract, located on the north Bide of Yorktown Boulevard. east of Loiro Houlevard,and west of Cimarron Boulevard. The planning Commission may recommend to City Council approval ordenial,orapproval of an Intermediate zoning classirrcetion and/or Special Permit,Approval of a change of awning,it inconsistent wills the City's Comprehensive Plan,roll also have the effect of amanding the Comprehernsirre(Plan to reflect(he approved zoning. The Flannirrtg Commission will conduct a pubric hearing for this rezoning request to discuss and formulate a rammrn,andalion to the City Council.The public hearing will be held on Wednesday,Mair 30 2418,during one of the Planning Commission's regular meetings, which begins at 5:30 n.m., its the City Council Chambers,1201 Leopard Street.You are invited to attend this public heading to express your views on this rezoning request.For more irlfonnalion.please calf(361)826-3240. TO BE ON RECORC.THIS FORM MUST BE FILLED O LIf.SIGNED BY THE CURRENT PRC PERTY CWNER(S)AND rAWLE❑ IN ITS ENTIRETY TO THE DEVELOPMENT SFRvICES DEPARTMENT.I'.C,Evst 9277,CORPUS (lHRMTL TEXAS 78413e- 9277. AMY 114F€RMATIDN PROVIDED BELOW BECOMES PUBLIC RECOM. N07E: M1 nmordanoe Wath the Plannirr8 Commnfrislon 6y-t.ewy,no dlscusila i"ll tri hM by a member or members of 1lrls Commisslon With art applicant or appelJant concaming an application-of appeal.elthrr at home or Agra,or In parson, bytrrapherm tall of by latter. Printed game: Address: { j IN FAVOR ( N OPF"oSITiom Phone; i REASON; jumfure SEE MAP ON PE-Vr:RB'E SPD1= �t' Case Nftt 021$-03 INFOR Gass Nv.:18zN1004 Kr"M RW99ar:Andrew uJmas Property aw)sr ID:21 Em®II;andrewrd24rr:ctena5.um Staff Report Page 10 Persons with planning to atteM this rrise4ing,who may require Weeldl services,ars requ+rsted to contact ttae Devekopmerd Services Department at least 48 hours h advmaue at(3151)826-5240. PerSorlas can inca>}ac lades. ue flemala in enci©n de asistir a e5W lunla y inue rimKiWan se I.ms ski II $que den aviso 48 rt l la-tunla ilamanda al cie rtarnen!2 Qa gervfcios do dasarrolo.at 'Uri :-o 0) 826-32417. If you wish In address the Commission during the rn"Lir,g and your hagfish is limited, please cal the Devetopmeni Sarvices Department at(361)828-3210 at leant 48 hows In advance to request an interpreter be presient during the rnso iryg. -j.usled dasan dlrirtlrss a la ingmrnissfon durarrtg la junta v sia inglos as limilado- favor de hamar at W mento de servityas de 2 f c el rs(r ere C.i61?82t3- 246 el rnen,�Md8 horas antes de la unta rwasollcliar un IntdrQ11`94e ser orasente durarile la junta, CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0216.03 Wil liarn S.Miller,.lr_has petitioned the City of Carpus Christi to cansider a Chipngc of zoning from the "RS-6"Single-Family 6 District to the"IL"Waht InM.usthail 1)istriet, resulting it1 a change to tho Future Lanni Use wtillars.The property to be rezoned is described as: 6000 Yorktown B-rulevard and being 5.205 out of Lot 12, Block 10, Flour duff and EncinaI Ferro and Gardan Tract, located ion the north side of Yorktown Boulevard, east of Leire Boulevard,and unrest of Cimarron B culeuard, 'fh�e Planning Commission may rec remand to City Council apprvvljI OF denial, Dr approval of an fntermedfale zoning classfl'icaMn andior Sperlal Permit. Approval of a change of zoning, if Inconsistent with Ow City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan W reflect the approved zoning. The Manning Commission will conduct a ptlhUC hear rg t-ir this rezoning request to discuss and formulate a recommendation to the City Cminell. The PUNC hearing will be held on'Wedrwaday. M,,,�r� 0.2918. dWng one of the Planning) Commission's regular meetings, whloht begins al 5:30 o.m.. in the City Council Chambers, 1201 Leopard Street.You are invited to attend this pubic hearing to eWess your views on this rezoning r-egwest. For m"inkrinafion"please call(361)826-32413- TO BE ON(RECORD,THIS FORM musT uE FILLj—E670Uf—SIGNED BY THE C URRE0770kOPERTY CYWNERi5)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES MPARTMENT, P,0,8GX 9277, CORPUS CHRISTI,TMS 784W 9277, ANY INFORMATIOn PROVIMM-PELO BECOMES PUBLIC RECORD. NOTE: In aecordanca with the Planl,lrlg Commissfon By-laws,no diecusslnn shall toe he) by a mamber or rnsmben of this CommissIbn Witty an applicantOr appetlant conceming an applIcation ur appeal,elther at hems aroftt e.crs In person, by talophone pall ar by letter- Printed Name'. L/, 7� _- !. Address: r't 1 1 CifylStater ( } IN FAVOR IN OPPOSITION Phone: 007 REASON: 7/ , s r)tj 5f�nalurg SEE MAP Oh REVERSE SIDE Cam!No.02115-133 INFOR Case No. 18ZN1004 Pru[ect V@nager:Andmv Dimas PrtrpertyOwnerIV.2E Email andrewd2@cctexas coirn Il I • I 1 Zoning Case #0218-03 William B. Miller, Jr. Rezoning for a Property at 6000 Yorktown Boulevard City Council Presentation July 31 , 2018 Aerial Overview 71 r XX a o � Y a „ls� , Subject Property at 6000 Yorktown Boulevard z 0Sti �Q .� ��l � as.rF -. � - -• Vicinity Map x II ih {c)OpenSdreetMap and mrttrihutors, 2� ,,r '\ Creative Common9-Share Alke y Lice e(CC-BY-SA) 3 Zoning Pattern i o X004 0 Ca4 4/Q P6��PC1�45Y o _ 2098 o PO Q X009 � 7 ° @b 0 o'I o 200006 [ ��( g� o 03-2 03-2 2003 ii 9006 _ 4 t'"' % Original Staff ��,72 Recommendation Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District in lieu thereof Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1 /SP" Neighborhood Commercial District with a Special Permit. Special Permit Conditions ' - _ �► RM, a 4 CN-1/SP IL 20' Setback 50' (Height) 6 Planning Commission Recommendation Tract 1 : Approval of the change of zoning from the "RS-6" Single- Family 6 District to the "IL" Light Industrial District. Tract 2: Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "IL" Light Industrial District in lieu thereof Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1 /SP" Neighborhood Commercial District with a Special Permit. Public Notification 36 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer25 R [.ate Notification Area _ m� CN-2 12 14 RS T ]1 32 T 0 36 M Opposed: 4 (5.07%) y na ,6 �m Sq 4" , ,T o� PROPER.T1' e ° a An SjR, / 0 In Favor: 0 =�y s �2 Al, aCRgMF? 6 Y° ° rer.1 tiv G� °R wNe� 0 8 �@ Special Permit Conditions 1. Uses:The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code(UDC)in Section 5.1.5.6"Warehouse and Freight Movement'except bus barn,coal and coke storage and sales,milk distributing station,the stockpiling of sand,gravel,or other aggregate materials,Section 5.1.4.H"Self-Service Storage",and Section 5.1.4.1"Vehicle Sales and Service"except auto rental, auto upholstery shop,bicycle and watercraft rental,boat and recreational vehicle sales,camper shell sales and service, manufactured home sales,repair and service of RVs,boats,and light and medium trucks,vehicles sales or leasing facilities,and vehicle service,heavy. 2. Setback:A setback at a minimum of 20 feet shall be maintained from any residential property.No buildings or storage shall be allowed within the setback.The existing screening fence shall be maintained in good condition. 3. Outdoor Storage:Any outdoor storage occurring within 50 feet of a property line shared with a residential use shall not exceed 20 feet in height. 4. Dumpsters: No dumpsters or refuse receptacles shall be located within 20 feet of any property line shared with a residential use. 5. Landscaping:If the use of outdoor storage or an addition to the existing building occurs,landscaping shall be installed in accordance with the requirements of the Unified Development Code(UDC)along Yorktown Boulevard. 6. Lighting:All lighting must be shielded and directed away from abutting residences and nearby streets.Cut-off shields are required for all lighting.No light projection is permitted beyond the property line. 7. Noise:Noise regulations shall be subject to Section 31-3 of the Municipal Code.Outside paging,speakers,telephone bells,or similar devices are prohibited. 8. Hours of Operation:The hours of operation shall be daily from 6:00 AM to 9:00 PM. 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 twenty-four(24) months of this ordinance,unless a complete building permit application has been submitted or,a certificate of occupancy or UDC compliance has been issued.The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 0 -= UDC Requirements x e�FF� Buffer Yards: IL to RS-6/RS-TF: eel Type D: 20' and 20 points o :v Setbacks: Street: 20 feet � Side: 40 feet (adj. to residential) Rs_,F Rear: 40 feet (adj. to residential) _ >2�= Parking: 1:700 sf. GFA(Office) Rs � 1:1,000 sf. GFA (Outdoor) 1:2,500 sf. GFA (Indoor Storage) ��, � Iy '�• ksT\C y �) �7d Uses Allowed: Industrial, Retail, Restaurants, Bars, Offices, Vehicle Sales, and Self-Storage. P .a ��¢-• MFr� - � arw., *Residential uses not allowed Existing Nonconforming Building G� 0 AGENDA MEMORANDUM NCOBPOR I', Public Hearing and First Reading for the City Council Meeting of July 31, 2018 1852 Second Reading for the City Council Meeting of August 14, 2018 DATE: July 19, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Urban Transportation Plan Amendment CAPTION: Ordinance amending the Urban Transportation Plan map by Realigning proposed Yellow Oak Avenue and at the intersection with CR 48, extend southward as an RA1 Minor Rural Arterial to intersect with proposed east/west RA1 Minor Rural Arterial; realigning proposed arterial CR 48 between FM 1694 (Callicoate Rd) and FM 24 (Violet Rd) to the northeast and redesignate as a Local Rural Street; deleting a segment of proposed C1 Collector Oregon Trail; designating a segment of Haven Road from FM 24 to proposed point near north/south Collector west of Warrior Drive as a C1 Collector; deleting a proposed C1 Collector segment from Oregon trail to the intersection near FM 1694; adding an RA1 Minor Rural Arterial between IH 69 and FM 24, redesignating proposed C1 Collector to an RA1 Minor Rural Arterial between IH 69 and FM 24; and, adding a proposed rural street designation of (RA1) Local Rural Street to the UTP. PURPOSE: The purpose of this item is to change the City's Urban Transportation Plan (UTP) map by realigning, redesignating, adding and deleting a series of proposed roads to accommodate a proposed 297.80-acre industrial development located in the Extraterritorial Jurisdiction (ETJ) area of the City of Corpus Christi, and to provide improved traffic flow relative to current area development. BACKGROUND AND FINDINGS: EPIC Midstream Holdings, LLC, is proposing to construct an industrial facility on a 297.80-acre site within the extraterritorial jurisdictional boundaries of the City of Corpus Christi. This industrial facility will process natural gas liquids from area pipelines. Natural gas liquids (NGL) product flows through an extensive network of pipelines. EPIC will finish the last phase of their new pipeline in the spring of 2019. This pipeline will link Corpus Christi to NLG reserves from the northwest Texas Permian and south Texas Eagle Ford fields. The EPIC Midstream facility is expected to be operational by June of 2021, with construction expected to commence in 2019. To accommodate EPIC Midstream facility site requirements, amendments to the UTP map are proposed. Developer-initiated proposed amendments to the UTP accommodate the proposed industrial facility location. These proposed amendments have been reviewed by Staff with a resulting reorganization of street connections providing an improvement in right-of-way alignment while accommodating future traffic flow. EPIC Midstream's daytime operational staff is expected to be thirty employees at a maximum. Fewer than ten employees will be on site during the night shift. No transport of materials in or out of this industrial facility will occur once the facility is operational. The proposed amendment to the City Urban Transportation Plan (UTP) map will: 1) Realign proposed Yellow Oak Avenue and at the intersection with CR 48, extend southward as an RA1 Minor Rural Arterial to intersect with proposed east/west RA1 Minor Rural Arterial, 2) Realign proposed arterial CR 48 between FM 1694 (Callicoatte Rd) and FM 24 (Violet Rd) to the northeast and redesignate as a Local Rural Street; 3) Delete a segment of proposed C1 Collector Oregon Trail; 4) Designate a segment of Haven Road from FM 24 to proposed point near north/south Collector west of Warrior Drive as a C1 Collector; 5) Delete a proposed C1 Collector segment from Oregon trail to the intersection near FM 1694; 6) Add an RA1 Minor Rural Arterial between IH69 and FM 24, and; 7) Redesignate proposed C1 Collector to an RA1 Minor Rural Arterial between IH 69 and FM 24. Arterial streets bring traffic to and from the freeway and accommodate high volumes of cross-town traffic. The ideal design of the arterial system is characterized by a grid street pattern with arterial spacing at one to one and one-half miles. Efficient movement is the primary function of arterial roads, hence, private access and frontage should be controlled and limited to high volume generators like shopping centers, universities, employment centers, etc. Collector and Local Rural streets provide access to local, other collector, and arterial streets. The lowest order of collector streets is designed to collect local streets with the intent of connecting to an arterial grid system. County Road 48 will be realigned to the northeast and redesignated as a Local Rural street, offering local east-west local traffic movement between Callicoatte Road and Tuloso-Midway High School. Yellow Oak Avenue, currently a proposed C1 collector, will be realigned to intersect with CR 48. South of this intersection the newly proposed RA1 Rural Arterial along the western edge of the subject property provides north-south arterial travel from developing industrial areas. Oregon Trail, a proposed C1 collector segment along the subject property's northeast boundary, which connects to Violet Road (FM 24), will be deleted. This road dead-ends providing no traffic flow. Adequate traffic flow will be provided by the proposed realignment and redesignation of CR 48 as a Local Rural street. ALTERNATIVES: Denial of the proposed ordinance amendment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed amendments conform to City policy and Plan CC Comprehensive Plan. o Plan CC, Element 5- Transportation and Mobility Goal 1- Strategies for Decision Makers#6: "Provide convenient access to industrial areas." o Plan CC, Element 5- Transportation and Mobility Goal 1- Strategies for Decision Makers#10: "Promote desirable patterns of development consistent with the Urban Transportation and Future Land Use Plans." EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering), Planning, and Development Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Not Applicable RECOMMENDATION: City Staff, Transportation Advisory Commission, and Planning Commission recommend approval of the UTP map amendment as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Urban Transportation Plan map by Realigning proposed Yellow Oak Avenue and at the intersection with CR 48, extend southward as an RA1 Minor Rural Arterial to intersect with proposed east/west RA1 Minor Rural Arterial; realigning proposed arterial CR 48 between FM 1694 (Callicoate Rd) and FM 24 (Violet Rd) to the northeast and redesignate as a Local Rural Street; deleting a segment of proposed C1 Collector Oregon Trail; designating a segment of Haven Road from FM 24 to proposed point near north/south Collector west of Warrior Drive as a C1 Collector; deleting a proposed C1 Collector segment from Oregon trail to the intersection near FM 1694; adding an RA1 Minor Rural Arterial between IH 69 and FM 24, redesignating proposed C1 Collector to an RA1 Minor Rural Arterial between IH 69 and FM 24; and, adding a proposed rural street designation of (RA1) Local Rural Street to the UTP. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, July 25, 2018, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, July 31, 2018, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi, and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Urban Transportation Plan map of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by deleting a proposed A2 Arterial segment of CR 52 between IH 69 and Haven Drive; realigning proposed Yellow Oak Avenue and at the intersection with CR 48, extend southward as an RA1 Minor Rural Arterial to intersect with proposed east/west RA1 Minor Rural Arterial; realigning proposed arterial CR 48 between FM 1694 (Callicoate Rd) and FM 24 (Violet Rd) to the northeast and redesignate as a Local Rural Street; deleting a segment of proposed C1 Collector Oregon Trail; designating a segment of Haven Road from FM 24 to proposed point near north/south Collector west of Warrior Drive as a C1 Collector; deleting a proposed C1 Collector segment from Oregon trail to the intersection near FM 1694; adding an RA1 Minor Rural Arterial between IH 69 and FM 24, and; redesignating proposed C1 Collector to an RA1 Minor Rural Arterial between IH 69 and FM 24; and, adding a proposed rural street designation of(RS1) Local Rural Street to the UTP, as shown on Exhibits "A," "B" and "C" which are attached to this ordinance and incorporated into this ordinance by reference as if fully set out in their entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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 PAGE 2 OF 6 PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor PAGE 3 OF 6 Exhibit A j N `OQ �Q - 2p/ <<cOp OP' O� JSO ST s CR 50 ^ J♦ 4-1� REALIGN PROPOSED YELLOW OAK AVE,`�v� ,, ♦♦��e 7` AND EXTEND SOUTHWARD ASA MINOR RURAL ARTERIAL(RA1)TO INTER SE CT e .......... t Vv1TH PROPOSED EASTNVEST MINOR s RURAL ARTERIAL(RAi) ♦♦ 8' CR48 ' X ' 1 ,Xi ♦ . 1 1 1 Ix I 1 REALIGN PROPOSED ARTERIAL(CR 48), v ` ` • 1 _ _ 1 %\ BETWEEN PROPOSED VELLOWOAKAVE /♦.' O X X+ r '" HAVEN DR �J REALIGNM ENTAND FM 24(VIOLET RD), 3 1 1 NORTHEASTERLY&REDESIGNATE AS ♦^ DELETE PROPOSED OREGON 1 A LOCAL RURAL STREET TRAIL COLLECTOR SEGMENT O EXISTING ROAD CURRENTLY q 1 ♦; y� FUNCTIONS AS Ci COLLECTOR ♦ ^ 1 y� -L- M 1 DELETE PROPOSED COLLECTOR FROM O 1 1 OREGON TRAIL SOUTH WARD TO INTERSECTION 1 1 1 NEAR FM 1694(CALLICOATE RD) y " ,k 1 1 1 • J • 1 1 1 I 1 1 REDESIGNATE COLLECTOR TO • ADD MINOR RURAL �7 MINOR IH RURAL (RAi) • Q ARTERIAL(RAI)BETWEEN pN BETWEEN IH 69 AND FM 24 IOLET RD " IH 69AND FM 24(VI OLETRD) G LEGEND EXISTING COLLECTOR PROPOSED COLLECTOR EXISTING ARTERIAL LL PROPOSED ARTERIAL PROPOSED RURAL ARTERIAL(RA 1) 0 5001,000 2,000 PROPOSED LOCAL RURAL STREET - OFeet PAGE 4 OF 6 Exhibit B IN3j :CR 52••--------- 4 <F01040? A. OA- `Qy �Q y1. O _ O� % „ S J CR 50_ _ - , • - HAVEN DR -----------�-----------�-------- LL a N ' — W LEGEND EXISTING COLLECTOR PROPOSED COLLECTOR EXISTING ARTERIAL PROPOSED ARTERIAL PROPOSED RURAL ARTERIAL(RA 1) 0 5001,000 2,000 PROPOSED LOCAL RURAL STREET OFeet PAGE 5 OF 6 Exhibit C URBAN TRANSPORTATION PLAN ROADWAY CLASSIFICATION RURAL V Ditch or Drainage Bikeway Designation Rural Streets ROW Pavement Lanes Shoulders Left Turn Per Side Capable Sidewalk' RS1 Local Rural Street 60' 26' 2 Lanes -- -- 34' No No RA1 Minor Rural Arterial Undivided 125' 44' 2 Lanes 10' -- 40.5' Yes No RA2 Secondary Rural Arterial Undivided 150' 82' 4 Lanes 10' Center Tum 41.5' Yes No RA3 Primary Rural Arterial Divided 250' 76' 4 Lanes 10' Median V-Ditch 48' Yes No PAGE 6 OF 6 Urban Transportation Plan (UTP) Amendments For County Road 48, Yellow Oak Avenue, Oregon Trail, Haven Drive 1St Council Presentation July 31, 2018 VicinityMapwith UTP i TFfWEST QL`VC1 <h "r 'ii�►r+pi��+* - o w w , • yv P �f HIGH ra /� W Reasons for UTP Amendment Proposed Development by EPIC Midstream, LLC: ➢297.80-acre industrial facility will handle natural gas liquids from area pipelines. ➢Traffic in and out of EPIC Midstream will be light. ➢The proposed amendments affect the long-term plan for streets in the area shown on the UTP. Current Area UTP Map 3 H 3j t� __'CR 52----- ti4 fi <FOA 4k- CR so--- ....... ti CR;4s- ---------------------- > HAVEN DR - ------------- LL --f-_...__•__.......... ................. ------------ -- f�V ti LEGEND EXISTING COLLECTOR PROPOSED COLLECTOR EXI5TINO ARTERIAL PROPOSED ARTERIAL 0 500 t,000 2,000 �Pee1 Proposed Amendments ---CR-52............. O ' c°to Obi GOP• �Q QO <FOp CR 50- C'PS] 4QQ REALIGN PROPOSED YELLOW OAK AV E. c. RURAL ARTERIAL(RA1)TD INTERSECT VNTH PROPOSED EASTNVEST MINOR RURALARTERIAL)RAi) -- •GR48•-- Oy ------------- �t. ---- 411 x ,, •yREALIGN PROPOSEDA�(VIO fVV'� "�\ BETWEEN PROPOSED VX• O X^ • ,•` Y� HAVEN DR J REALIGNMENTAND FM O DELETE PROPOSED OREGON NORT AASTERLVBRE \. �y • TRAIL COLLECTOR SEGM1IENT 0 1 ALOCAL RURAL EX ST NG ROAD CURRENTLY • FUNCTONS AS Ci COLLECTOR •� ,•X♦ - ---------------------L------- Y�) DELETE PROPOSED COLLECTOR FROM O •. -RE ON NTHI EAR FM 1694 "LL RD)ECT •x • • ♦ • .• REDESIGNATE COLLECTOR TO • ADD MINOR RURAL O7 MINOR RURAL ARTERIAL(RA1) ♦ O ARTERIAL,RAi)RETVVEEN ^' BETWEEN IH 69AND FM 24 VIOLET RD IH S9ANDFM 24(VIOLET RD) LEGEND �p EXISTING COLLECTOR "_~ PROPOSED COLLECTOR EX ISTINGARTERIALf.{L PROPOSED ARTERIAL PROPOSED RURAL ARTERIALRAi 0 5001,000 2000 C ARTERIAL(RA' . PROPOSED LOCAL RURAL STREET 0 Feet '� Proposed Amendments Current Plan Proposed Plan ------------ 43+ _______ `` off. �ti o ti CR 50--.. .-� :'•., '� CR 50___•_•_. CR;48" HAVEN DR.......... ;. HAVEN DR e ---------- --------. ----- , LL Z n 'o u i LEGEND SP�Eon Ex as Op cfio>os[o�eca�xuaa�sia[[, Recommendation Staff and the Transportation Advisory Commission recommend approval of the proposed amendments as presented for the following reasons: 1) An adequate transportation network for the future land use plan is maintained for the area's large tract industrial developments, single-family development, area parks and Tuloso-Midway High School; 2) A more efficient north-south and east-west traffic flow is provided with improved right-of-way dedications more closely following property boundaries. SC o� � v AGENDA MEMORANDUM ,NOORPOBPIFirst Reading — July 31, 2018 City Council Meeting 1852 Second Reading — August 14, 2018 City Council Meeting DATE: July 20, 2018 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary (361) 826-3105 RebeccaH@cctexas.com Ordering a General Election to elect Mayor and Eight Council Members — November 6, 2018 CAPTION: Ordinance ordering a general election to be held on November 6, 2018, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. PURPOSE: This item will allow for a general election to be held on November 6, 2018 to elect mayor and eight council members; and allow the City to enter into a joint election with Nueces County. BACKGROUND AND FINDINGS: Per the City Charter, the regular election of the mayor and eight council members shall be held on the November uniform election date of even-numbered years as authorized by State law. In the past, the City has conducted a joint election with Nueces County. ALTERNATIVES: None. CONFORMITY TO CITY POLICY: This ordinance complies with the requirements of the Texas Government Code, the Texas Election Code, and the City Charter. DEPARTMENTAL CLEARANCES: Legal Finance Department Budget Department FINANCIAL IMPACT: Q Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2015- Expenditures 2016 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $350,000 BALANCE Fund(s): General Comments: Based on the most recent final actuals for the 2016 general election and 2014 runoff election, staff has budgeted a conservative amount of$150,000 for the general/special election and $200,000 for the runoff election, if necessary. RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Ordering a general election to be held on November 6, 2018, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, the City Charter provides for the holding of a regular City election for Mayor and Council Members in the City of Corpus Christi, on the November Uniform Election Date in even- numbered years as authorized by State law, the same being November 6, 2018; with a runoff election, if one is necessary; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, and other provisions of the election Code provide for notice, appointment of election officers to hold the election; and other matters related to the holding of the election; WHEREAS, Nueces County will also be conducting an election on November 6, 2018; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A regular City election (hereinafter the "Election") for a Mayor and eight Council Members shall be held in the City of Corpus Christi, Texas on Tuesday, November 6, 2018. A runoff election shall be held, if one is necessary. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The names of candidates for the office of Mayor and the names of candidates for the office of the City Council members shall be placed on said ballot in manner and form prescribed by law. SECTION 4. The Hart InterCivic Verity direct recording equipment (DRE) shall be employed at the Election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a. m. to 7: 00 p.m. on the date of the Election. The City Secretary, or her designee, in coordination with the Nueces County Clerk (the Election Official) or the designee thereof, as necessary or desirable, will identify and formally approve the appointment of the Presiding Judges, Alternative Presiding Judges, Election Clerks, and all other election officials, together with any necessary changes to election practices and procedures and can correct, modify, or changes the Attachments to this Ordinance based upon the final locations and times agreed upon by the Election Official and the City to the extent permitted by applicable law. 1 SECTION 5. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. The City Secretary is directed to provide such demographic data and information as required by law. SECTION 6. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance (said Attachment B to be approved and attached when the temporary branch polling places are determined by Nueces County) hereby established as follows. In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein (said Attachment C to be approved and attached if mobile temporary branch polling places are determined by Nueces County). Each branch polling place and the main early polling place shall serve all Election precincts. SECTION 7. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 8. The Election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 6, 2018, (which shall be approved and attached hereto as Attachment D and incorporated herein). The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 9. By approving and signing this ordinance, the Mayor officially confirms and orders as the Mayor's actions all matters recited in this ordinance which by law come within the Mayor's jurisdiction. SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect of its purpose. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza 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: Mayor Joe McComb Ben Molina Rudy Garza Everettt 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 3 so o� v AGENDA MEMORANDUM NCORPORFirst Reading for the City Council Meeting of July 31, 2018 1852 Second Reading for the City Council Meeting of August 14, 2018 DATE: July 16, 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 Andres Leal, Jr., P.E., Director of Street Operations AndyL@cctexas.com (361) 826-1957 Professional Services Contract Residential Street Reconstruction Project - $3.4M ($3.4 Million Additional Funds — Fiscal 2018) CAPTION: Ordinance appropriating $680,000 from Fund balance in Residential Street Reconstruction Fund No. 1042, amend the Operating Budget, and execute a professional services contract with Hanson Professional Services, Inc. of Corpus Christi, Texas in the amount of $463,656.50 for the Residential Street Reconstruction Project - $3.4M project. PURPOSE: This contract is for the design of streets selected for reconstruction using the additional $3.4 Million identified in 2017 during the Fiscal 2017-2018 budget process for use on residential streets. BACKGROUND AND FINDINGS: In September 2017, Council approved amending the proposed Fiscal 2018 Operating Budget to add $2,900,000 to the Residential Street Reconstruction Fund No. 1042 and identified $500,000 from Bond 2008, Proposition 1, Fund No. 3546 Reserves for use on residential street. On January 30, 2018, Council approved a Resolution which authorized the use of the $3.4 Million in accordance with Option No. 3 as 1 discussed at the December 19, 2017 City Council Meeting. This Option 3 designated the full $3.4 Million for construction costs for reconstruction of residential streets located in Districts 1, 4 & 5 and authorized use of reserves to cover administrative and design costs. In conjunction with the two streets reconstructed under the RSRP Test Projects (Ralston and Rogerson), this proposal allows for some effort towards addressing the "worst first" in each Council District. Approximately 1.5 linear miles of streets are anticipated to be reconstructed using the $3.4 Million. The design engineering firm will perform preliminary assessments to determine the Opinion of Probable Cost, and will design and prepare bid documents for bidding construction of seven (7) residential street segments to be awarded to a single contractor. The firm will also perform standard construction and warranty phase services and special services including permitting, topographic surveying, and public outreach. ALTERNATIVES: 1. Authorize execution of the professional services contract. (Recommended) 2. Do not authorize execution of the professional services contract. (Not Recommended) OTHER CONSIDERATIONS: Hanson Professional Services, Inc. was selected for this project under RFQ 2016-06. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date Current Year Future Years TOTALS 2017-2018 Expenditures Budget 4,580,000.00 4,580,000.00 Encumbered / Expended Amount This item 463,656.50 463,656.50 Future Anticipated Expenditures This 3,854,499.50 3,854,499.50 Project BALANCE 261,844.00 1 261,844.00 Fund(s): Residential Street Reconstruction Fund No. 1042, GO Bond 2008 Comments: N/A 2 RECOMMENDATION: City staff recommends awarding a professional services contract to Hanson Professional Services, Inc of Corpus Christi, Texas. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Ordinance Contract December 19, 2017 Presentation Resolution Directing Use of$3.4 Million (031348) 3 Ordinance appropriating $680,000 from Fund balance in Residential Street Reconstruction Fund No. 1042, amend the Operating Budget, and execute a professional services contract with Hanson Professional Services, Inc. of Corpus Christi, Texas in the amount of $463,656.50 for the Residential Street Reconstruction Project - $3.41VI project. Whereas, on September 26, 2017, during the second reading of the Ordinance adopting the Fiscal Year 2018 Operating Budget, the City Council voted to amend the budget to add $3,400,000 for residential streets, of which $2,900,000 would be added to Residential Street Fund No. 1042 and $500,000 would come from Bond 2008, Proposition 1, Fund 3546 Reserves; and Whereas, on December 19, 2017, City staff presented three options to City Council for using the $3,400,000 dollars appropriated for residential streets; and Whereas, on December 19, 2017, the City Council gave direction to return with an item approving Option No. 3 which calls for approximately 1.5 — 2.0 linear miles of residential street reconstruction located in Council Districts 1 , 4 and 5 following the "worst first" criteria, among the criteria, for selecting the streets to be reconstructed; and Whereas, on January 30, 2018, the City Council gave direction to spend $3,400,000 for residential street reconstruction in accordance with Option No. 3 discussed at the December 19, 2017, City Council Meeting. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. $680,000 from Fund balance is appropriated into Residential Street Reconstruction Fund No. 1042 for the Residential Street Reconstruction Project - $3.4M project; SECTION 2. Revenues and expenditures in the amount of $680,000 are increased in the FY 2018 Operational Budget adopted by Ordinance No 031255; SECTION 3. The City Manager or designee is authorized to execute a professional services contract for the Residential Street Reconstruction Project - $3.4M project in the amount of $463,656.50 with Hanson Professional Services of Corpus Christi, Texas. 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 PROJECT BUDGET ESTIMATE Residential Street Reconstruction Project-$3.4M PROJECT FUNDS AVAILABLE: FY 2018 Operating Budget(Residential Street Fund No. 1042)................................ $ 2,900,000 BOND 2008, Proposition 1 ............................................................................... 500,000 Residential Street Fund No. 1042 ..................................................................... 980,000 TOTAL $ 4,380,000 FUNDS REQUIRED: Construction: 3,400,000 Construction (estimate) ................................................................ 3,091,000 Contingency(10%)...................................................................... 309,000 Testing and Inspection: 224,300 Testing Geotech and Materials(estimate)........................................ 64,000 Construction Inspection (estimate).................................................. 160,300 Design Fees: 463,657 Engineering Service Contract(Hanson)THIS ITEM .. 463,657 Reimbursements: 230,200 Contract Administration (Engineering/Finance/Capital Budget).............. 91,600 Engineering Services(Project Mgt/Constr Mgt)................................. 137,400 Misc. (Printing,Advertising, etc.).................................................... 1,200 TOTAL $ 4,318,157 ESTIMATED PROJECT BUDGET BALANCE $ 61,844 RESIDENTIAL STREET RECONSTRUCTION PROJECT - $3.4 M SCALE: N.T.S. D 0 D 3 2 1 DISTRICT 1 °� o� NUECFS HAY 0 n .a CO ftS CHRISN d p 5 SB 4 DISTRICT 4 - .. OW BAY °- RJDUR 6 7 DISTRICT 5 No. STREET FROM TO 1 WOODWAY CREEK VIOLET WILLOWOOD CREEK 2 PERNITAS CREEK CALICHE CREEK SASPAMCO CREEK 3 TURKEY CREEK PERNITAS CREEK CLIFF CRENSHAW 4 HARRY MONETTE LAN DSDOWN 5 TOPEKA DEAD END ROPES 6 FOX RUN HUNT OPENGATE 7 OPENGATE LOSTGATE FOX RUN Project Number: 18101A RESIDENTIAL STREET RECONSTRUCTION CITY COUNCIL EXHIBIT PROJECT - $ 3.4 M CITY OF CORPUS CHRISTI,TEXAS vow DEPARTMENT OF ENGINEERING SERVICES vw .G{Ti Y GP C v �y� t + PACDKWmwrm ��r RW p�Alyi. Residential Street Reconstruction Project $3.4 Million Additional FY2018 Funding Design Contract i Council Presentation July 31, 2018 Residential Street Reconstruction Project $3.4 M Additional Funds =« ➢ Sep. 26, 2017 - 2nd Reading Ordinance Adopting FY18 Budget ✓ Total $3.4 M Additional Funding for residential street rebuild • Add $2.9 M to Residential Street Fund No. 1042 • Identified $500K in Bond 2008 ➢ Jan. 30, 2018 - Resolution approving Option 3 use of $3.4 M ✓ Reconstruction projects - Districts 1, 4 & 5 • Test Projects - Districts 2 & 3 ✓ Some effort on "Worst First" ✓ - 1.5 Linear Miles Residential Street Reconstruction Project $3.4 M Additional Funds ➢ Construction - $ 3.4 Million ➢ Other Expenses - $ 905K ✓ Administration & Design- $ 680,000 • From Fund Reserves o Test Project Bids below Project Budget o Savings to Fund Balance ✓ Testing & Inspection - $ 225,000 3 District Distribution �WN Presented to Council-December 19, 2017 s -SQUAREYARDS lit •D DISTRICTS DISTRIBUTED BY"NEED" ALLOCATION District Total Residential/ Res./Local %of Total %of Proportion Funding Network Local PCI<=55 Need Need of 58% Allocation "Current Need" 1 5,191,722 2,803,734 1,471,697 23% 23% 40% $1,348,276 2 3,675,618 2,279,918 1,481,895 24% 3 3,262,808 2,009,174 1,099,588 18% 4 4,528,093 2,761,683 1,273,109 20% 20% 34% $1,172,414 5 3,696,021 2,308,838 934,318 15% 15% 26% $ 879,310 Total 20,354,262 12,163,348 6,260,607 100% 58% 100% $3,400,000 4 \) Proposed Streets ISTRICT STREET FROMTO 1 Woodway Creek Dr. Violet Rd. Willowood Creek Dr. Pernitas Creek Dr. Caliche Creek Dr. Saspamco Creek Dr. Turkey Creek Dr. Pernitas Creek Dr. Cliff Crenshaw St. 4 Harry St. Monette Dr. Landsdown Dr. Topeka St. Dead End Ropes St. 5 Fox Run Dr. Hunt Dr. Opengate Dr. Opengate Dr. Lostgate Dr. Fox Run Dr. Residential Street Reconstruction Project $3.4 M Additional Funds . RESIDENTIAL STREET RECONSTRUCTION PROJECT-$3.4 M 3 N Z 1 DISTRICT 1 SCALE:N.T.S. 71 <s 5 a 4 DISTRICT E N.STREET FROM TO G �2 1 WOODWAVCREEK VIOLET WILLOWOOOGREEK 7 V 2 PERNITASCREEK CALICHECREEK SASPAMCOCREEK 3 TURKEYCREEK PERNITASCREEK OUFFCRENSHAW 4 HARRY MORE- LAH.I...N DISTRICT 5 5 TOPEKA DEADEND ROPES 6 FOXRUN HUNT OPENGATE OPENGATE I s-TE FOX RUN Proposed Schedule F 2018 019 2020 Sep Oct ;e4sign Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan ­Febar Apr May Jun Jul Bid/Award Construction Proposed Schedule reflects City Council award in August 2018 with anticipated construction completion in July 2020. Project Estimate: 23 Months ` Residential Street Reconstruction Project 1 ~ $3.4 M Additional Funds mm°AQ 6 °s Discussion 9 J Corpus Chr sti >ae iu01°mac Engineering CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES Project No. 18101A Residential Street Reconstruction Project - $3.4M 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 Hanson Professional Services, Inc., a Texas corporation, 4501 Gollihar Road, Corpus Christi, Nueces County, Texas 78411 , (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES -----------------------------------------------------------------------7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Page 1 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\RSRP RESIDENTIAL STREET REBUILD PROGRAM\?CONSULTANT 18101A HANSON PROFESSIONAL SERVICES\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the% of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 31d party owners/operators. Page 2 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\RSRP RESIDENTIAL STREET REBUILD PROGRAM\?CONSULTANT 18101A HANSON PROFESSIONAL SERVICES\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $463,656.50. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Gep'si 01tapt shall 56--lb-mot a Rate Cnhead- to vVith their pFepesal City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Page 3 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\RSRP RESIDENTIAL STREET REBUILD PROGRAM\?CONSULTANT 18101A HANSON PROFESSIONAL SERVICES\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDERTHE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). Page 4 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\RSRP RESIDENTIAL STREET REBUILD PROGRAM\?CONSULTANT 18101A HANSON PROFESSIONAL SERVICES\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project' refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment as a design professional familiarwith the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Page 5 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\RSRP RESIDENTIAL STREET REBUILD PROGRAM\?CONSULTANT 18101A HANSON PROFESSIONAL SERVICES\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Page 6 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\RSRP RESIDENTIAL STREET REBUILD PROGRAM\?CONSULTANT 18101A HANSON PROFESSIONAL SERVICES\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. Page 7 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\RSRP RESIDENTIAL STREET REBUILD PROGRAM\?CONSULTANT 18101A HANSON PROFESSIONAL SERVICES\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. Page 8 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\RSRP RESIDENTIAL STREET REBUILD PROGRAM\?CONSULTANT 18101A HANSON PROFESSIONAL SERVICES\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 I n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 9 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\RSRP RESIDENTIAL STREET REBUILD PROGRAM\?CONSULTANT 18101A HANSON PROFESSIONAL SERVICES\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf—info—form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. Page 10 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\RSRP RESIDENTIAL STREET REBUILD PROGRAM\?CONSULTANT 18101A HANSON PROFESSIONAL SERVICES\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http:l/www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI PROFJ2SSIONAL SERVICES, INC. Jeff H. Edmonds, P.E. Date J es Messmore, k.E. Date Director of Engineering Services enior Vice Presidehl 4501 Gollihar Road Corpus Christi, TX 78411 APPROVED AS TO LEGAL FORM (361) 814-9900 Office jmessmore@hanson-inc.com Assistant City Attorney Date ATTEST City Secretary Date Pagel 1 Rev. 18-4 KAENGINEERING DATAEXCHANGF%VFLMAPISTRFET\RSRP RESIDENTIAL STREET REBUILD PROGRAW CONSULTANT 18101A HANSON PRGFESSIONAL SERVICES12018-0430 CONTRACT PROFESSIONAL SERVICES.DOC Residential Street Reconstruction Project- $3.4M (Project No. 18101 A) Accounting Unit 1042-12440 Account 530000 Activity E17019-01-1042-EXP Account Category 30000 Fund Name Residential Street Reconstruction Fund Page 12 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\RSRP RESIDENTIAL STREET REBUILD PROGRAM\?CONSULTANT 18101A HANSON PROFESSIONAL SERVICES\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC Hanson Professional Services Inc, HANSOI�I� 4501 Gollihar Road Engineering I Plaa&g I Anted SeMces Corpus Christi,Tx.78401 {361.814.9900 www.hanson-inc.com .duly 10, 2018 Mr. J.H. Edmonds, P.E. Director of Engineering Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 Re: Residential Street Rebuild Project - Reconstruction City Project No. 18101A NEI/Hanson Project No.18LO180 Dear Mr, Edmonds: On Behalf of Hanson Professional Services Inc we would like to thank you for the opportunity to assist the City with this very important and high profile program. Our staff is available and ready to proceed with the program. The City Council approved the addition of $3,400,000 of new construction funds to be utilized for the re- construction of select residential streets. The 7 sections selected for complete reconstruction include: • Woodway Creek, Violet Road to Wollowood Creek • Pernitas Creek, Caliche Creek to Saspampco Creek • Turkey Creek, Pernitas Creek to Cliff Crenshaw • Harry, Monette to Landsdown • Topeka, Dead End to Ropes • Fox Run, Hunt Drive to Opengate • Opengate, Lostgate to Fox Run Project Description: The 7 sections of residential streets have been selected to be reconstructed. As such, it will include the complete removal of the existing pavement components {base, asphalt, C&G, sidewalks, driveways, etc} and constructing new components. In addition, the existing utility lines that fall within the limits of construction will be assessed and upgraded/replaced if deemed necessary. Funding for the project was appropriated from transferring funds and reserves totaling $3,400,000.00. The City may opt to utilize additional funding for Utility Upgrades. EXHIBIT"A" Page 1 of 5 Mr. J.H. Edmonds July 10, 2018 Scope of Services: Preliminary Phase 1. Conduct the initial field reconnaissance and due diligence required to commence the project. 2. Conduct meeting with City Staff to identify the need for utility upgrades. 3. Prepare a basic Engineering Letter Report (ELR). The ELR will not be as detailed as the format historically required on the large Bond program roadways. The intent is to evaluate the existing pavement conditions, identify the condition of existing utilities and develop recommendations. The recommendations will include exhibits depicting the proposed pavement improvements and the proposed utility improvements. In addition, an Opinion of Probable Cost will be prepared for each of the sections. Desiqn Phase (One Contract Bid Set The 7 sections will be included in one (1) plan set to be issued to one (1) contractor. 1. Project Meetings with City staff will be held at key milestones. The initial meeting will be to discuss the formatting required for the Plans and Specifications. Follow up meetings will be conducted to review the 60% and 100% submittal. 2. It is anticipated that Geotechnical Technical Testing will be completed on each of the selected street segment. The Consultant will visit each segment with a representative of the geotechnical firm, to select the optimal location for the bore(s). The Geotechnical firm will be hired directly by the City. 3. Perform a site visit, consisting of visual field observations, to confirm areas identified for improvements. 4. Identify and coordinate efforts with other local authorities having jurisdiction or that may be impacted by the construction process, consisting of the Regional Transportation Authority, identified School Districts and public medical facilities providing emergency services. 5. Review the geotechnical investigations for the identified street segments. The geotechnical investigation will be completed by a third party hired directly by the City. 6. Coordinate the items identified for SUE work. The SUE will be completed by an independent contractor hired by the City. 7. Submit the draft documents to the designated City staff for review and comment. Including a 60%,100% and Final submittal, It is estimated that the plan set will be close to 200 plan sheets. For each street section there will be plan sheets depicting existing utilities (water, wastewater, gas, Storm), proposed P&P for street and storm sewer, proposed utilities, SVVPPP and basic Traffic Control guidance. The contractor will be responsible for preparing a Traffic Control Plan for approval. 8. Update the draft submittal based on City Staff feedback. Submit the final bid package for approval. 9. Prepare a set of plans and specifications that will be utilized by the City for bidding in order to issue one (1) contract. 10. A final sealed submittal will be provided forbidding. Minor comments on the sealed set will be addressed if required. EXHIBIT"A" Page 2 of 5 Mr. J.H. Edmonds July 10, 2018 Bidding Phase 1. Assist with the Bidding process, consisting of attending pre-bid meetings, bid openings, addressing questions and issuing addenda and recommending award. Provide documents required for CivCast. Construction Phase An allowance is included to address the construction phase on a time and material bases. 1. Attend one (1) pre-construction meeting with the City and contractor. 2. Review Submittals. 3. Respond to Requests for Information (RFIs) that arise during the construction process. 4. Provide limited construction phase services. The Construction phase will including bi-weekly meetings and bi-weekly site visits (2 per month) throughout the duration of the project. One visit will include a project meeting along with site visit and reporting (6 hours max per visit). The second visit will be to the sites only including reporting (4.5 hours max per visit). The construction phase has been setup as an allowance of$60,000 which will be billed hourly. 5. Conduct, along with City Staff, a pre-final and a final inspection of the completed construction on each street segment, and provide the City with a Certificate of Completion. 6. Prepare record drawings of construction. Special Services A. Permitting. Prepare and submit identified permits to the following authorities: 1. Texas Department of Licensing and Regulation (TDLR) for accessibility review by an independent Registered Accessibility Specialist (RAS). Fees include the Registration Fee ($175), the Plan Review Fee ($315) and the inspection fee ($375). B. Topographic Surveying. The 7 sections of roadway include approximately 10,400 LF of public roadway/ROW to be surveyed. A full topographic survey will be completed on each of the street segments. Cross sections will be at 50' intervals and will include horizontal and vertical locations for the limits of sidewalk, if present, curb and gutter (C&G), storm drainage components, and the centerline of the roadway. In addition any storm drainage or sanitary sewer manholes and water or gas valves that fall within the City right of way will be identified and surveyed. All utility manhole inverts will be determined. Items which impact accessibility or are required for utility adjustments will also be included in the topographic survey. Portions of the private property approximately 20' on each side will be surveyed in order to establish grades for tying in sidewalks, driveways and drainage features. A partial boundary of the adjacent property will be determined in order to designate the City right of way. C. Public Outreach. The Hanson employee time will include the preparation of exhibits required for public meetings, attendance at the public meetings and addressing any resident concerns related to construction. Warranty Phase The warranty phase is based on one 12-month warranty period by the contractor after acceptance of the streets by the City. As part of the warranty phase, the A/E will perform the following tasks: EXHIBIT"A" Page 3 of 5 Mr. J.H. Edmonds July 10, 2018 1. Prepare a list of all the street segments completed, recommend acceptance of the sites and commencement of the warranty period. 2. Conduct a warranty inspection of all the street segments towards the end of the 12-month period and generate a warranty items punch list. During the inspection, the A/E will note defects that require action from the contractor to maintain, fix, restore, patch or replace in accordance with the construction contract requirements. The findings of the AIE inspection will be summarized in a report to be submitted to the City staff. The report will outline the deficiencies and provide a recommendation for correcting them. Schedule: It is anticipated that the work will take approximately five months from the notice to proceed date to issue final signed and sealed bid documents. A preliminary schedule has been attached. Fee Summary A. Basic Services Preliminary Phase $ 38,968.00 Design Phase $ 212,834.50 Bidding Phase $ 9,776.00 Construction Phase (Time and Materials) $ 60,000.00 Total Basic Services $ 321,578.50 B. Special Services Topographic Surveying $ 112,000.00 Public Outreach $ 4,454.00 ADA Permitting $ 5,504.00 Geotechnical & SUE Coordination $ 5,544.00 Traffic Control Pian (Allowance)* $ 12,000.00 Total Special Services $ 139,502.00 C. Warranty Phase $ 2,576.00 TOTAL CONTRACT AMOUNT (A, B, C) $ 463,656.50 *Requires written authorization by the City's designated Project Manager EXHIBIT"A" Page 4 of 5 Mr. J.H. Edmonds July 10, 2018 Once again we thank you for the opportunity to assist you with this project and we look forward to working with you, City Staff and the City Council. Should you have any questions or require any additional information, please do not hesitate to call. Sincerely, HANSON PROFES NAL SERVICES, INC. Wilfredo Rivera, Jr., P.E. Assistant Vice-President :118L0180PIProposalAE Contract Request(071018) EXHIBIT"A" Page 5 of 5 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME Payment Request Rev5edp7r27too Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amid No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O& M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 1 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees 1 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: Contract for Professional Services City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5)calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services EXHIBIT D Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology.......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work ....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22—Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26—Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29—Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from Form 00 72 00 General Conditions- 1 Rev 18-2 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from Form 00 72 00 General Conditions-2 Rev 18-2 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from Form 00 72 00 General Conditions-3 Rev 18-2 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from Form 00 72 00 General Conditions-4 Rev 18-2 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner -The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from Form 00 72 00 General Conditions-5 Rev 18-2 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from Form 00 72 00 General Conditions-6 Rev 18-2 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work- Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from Form 00 72 00 General Conditions-7 Rev 18-2 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from Form 00 72 00 General Conditions-8 Rev 18-2 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from Form 00 72 00 General Conditions-9 Rev 18-2 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from Form 00 72 00 General Conditions- 10 Rev 18-2 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from Form 00 72 00 General Conditions- 11 Rev 18-2 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04,if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from Form 00 72 00 General Conditions- 12 Rev 18-2 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from Form 00 72 00 General Conditions- 13 Rev 18-2 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from Form 00 72 00 General Conditions- 14 Rev 18-2 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from Form 00 72 00 General Conditions- 15 Rev 18-2 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. S. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from Form 00 72 00 General Conditions- 16 Rev 18-2 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions- 17 Rev 18-2 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from Form 00 72 00 General Conditions- 18 Rev 18-2 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from Form 00 72 00 General Conditions- 19 Rev 18-2 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from Form 00 72 00 General Conditions-20 Rev 18-2 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from Form 00 72 00 General Conditions-21 Rev 18-2 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions-22 Rev 18-2 .G{Ti Y GP C v �y� ti . PACDKWmwrm ��rRW P4 Aly. Residential Street Rebuild Program (RSRP) $3.4 Million Additional FY2018 Funding Council Presentation . December 19 2017 Residential Street Rebuild Program(RSRP) Motion to Amend FY18 Budget by $3.4M ➢ September 26, 2017 — Second Reading Ordinance Adopting Fiscal Year 2018 Operating Budget Motion amending the proposed FY2017-2018 City of Corpus Christi Budget by transferring funds as provided in the document titled'Potential Funding Sources for Residential Streets" and reserve appropriations in the amount of$261,000 to the Residential Street Fund 1042 for a total amount of$3,400,000. J Residential Street Rebuild Program(RSRP) Options for Additional $3.4M LET GROW IN FUND 1042 INTEGRATE W/BOND 2016 FUND RESIDENTIAL RECON ✓ Will support larger program ✓ Incorporate into Work Plan ✓ Some effort on"Worst First" ✓ More streets repaired at one ✓ Adds—2.3 Linear Miles ✓ —1.5 Linear Miles(@$125/SY) time ✓ Cost savings with larger scope ✓ Adds—0.5 Linear Mile to each ✓ —0.5 Linear Mile for Districts 1, District 4&5 o Test Projects in Districts 2&3 ✓ Use of funds not immediate ✓ Not"Worst First"-Rehab ✓ Costs for AE design Residential Street Rebuild Program(RSRP) A�Yae� v Recommendation � I` ➢ Option 3 - FUND RESIDENTIAL RECONSTRUCTION Allows for residential reconstruction to begin in all areas citywide. 14W \` RECOMMENDATION-OPTION 3 $3.4 Million Additional Funds ➢ Two Test Projects ✓ Fund 1042-Residential Street Reconstruction ✓ Bids Below Project Budget ✓ Savings to Fund Balance ➢ Fund 1042 - Sufficient Funds ✓ Cover Administration&Design for Option 3 ✓ Estimated Cost-$680,000 ➢ Allows $ 3.4 Million for Construction RECOMMENDATION- OPTION 3 District Distribution SQUAREYARDS DISTRICTS DISTRIBUTED BY"NEED" ALLOCATION District Total Residential/ Res./Local PCI %of Total %of Proportion Funding Network Local <=55 Need Need of 58% Allocation "Current Need" 1 5,191,722 2,803,734 1,471,697 23% 23% 40% $1,348,276 2 3,675,618 2,279,918 1,481,895 24% 3 3,262,808 2,009,174 1,099,588 18% 4 4,528,093 2,761,683 1,273,109 20% 20% 34% $1,172,414 5 3,696,021 2,308,838 934,318 15% 15% 26% $ 879,310 Total 20,354,262 12,163,348 6,260,607 100% 58% 100% $3,400,000 6 \� RECOMMENDATION— OPTION 3 Proposed Schedule ° " 2017 2018 2019 TASK O N D J F M A M J J A S O N D J F M Motion of Direction Award Amendment to Hanson Advertise for Construction Bids Construction Starts �s Residential Street Rebuild Program RSRP -4 6 DiscussionMPAflonq 9 J Corpus Chr sti >ae iux+ °mac Engineering Resolution directing the City Manager to spend $3,400,000 for residential street reconstruction in accordance with Option No. 3 discussed at the December 19, 2017 City Council Meeting. WHEREAS, on September 26, 2017 during the second reading of the Ordinance adopting the Fiscal Year 2018 Operating Budget, the City Council voted to amend the budget to add $3,400,000 for residential streets, of which $2,900,000 would be added to Residential Street Fund No. 1042 and $500,000 would come from Bond 2008, Proposition 1, Fund No. 3545 Reserves; and WHEREAS, on December 19, 2017, City staff presented three options to City Council for using the $3,400,000 dollars appropriated for residential streets; and WHEREAS, on December 19, 2017, the City Council gave direction to return with an item approving Option No. 3 which calls for approximately 1.5 — 2.0 linear miles of residential street reconstruction located in Council Districts 1, 4 and 5 following the "worst first" criteria, among other criteria, for selecting the streets to be reconstructed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager, or designee, is authorized to spend $2,900,000 from Fund No. 1042, The Residential Street Fund, and $500,000 from Bond 2008, Proposition 1 Fund No. 3548, for construction costs to reconstruct residential streets located in City Council District Nos. 1, 4 & 5 in accordance with Option No. 3 as discussed at the December 19, 2017 City Council meeting. Non-construction costs are to be covered by the Fund 1042 fund balance. SECTION 2. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI 0'Rb - becca Huerta Jo cComb City Secretary M y r 031348 INDEXED Corpus Christi, Texas �50 Of AJ lU(Zj , 2018 The above resolution was passed by the following vote: Joe McComb L " Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel (TIC, Ben Molina 6iw' Lucy Rubio N Greg Smith ; Carolyn Vaughn ................................................................ 031348 ................................................................ SC w �a o H v AGENDA MEMORANDUM NC4RPOPP'I Future Item for the City Council Meeting of July 31, 2018 1852 Action Item for the City Council Meeting of August 14, 2018 DATE: July 26, 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 Schanen Ditch Hike and Bike Trail Saratoga to Killarmet Bond 2012, Proposition 4 CAPTION: Ordinance appropriating into Park CIP Fund and changing the Capital Improvement Program Budget by $355,643.32 and authorizing a construction contract with Mo-Con Services, Inc. of Corpus Christi, Texas in the amount of $444,554.15 for Schanen Ditch Hike and Bike Trail - Saratoga to Killarmet project for the base bid. (Bond 2012, Proposition 4) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for the third phase of the Schanen Ditch Hike and Bike Trail - Saratoga to Killarmet project. BACKGROUND AND FINDINGS: The Metropolitan Planning Organization (MPO)'s Bike Mobility Plan includes a proposed 3.5-mile off- street trail along Schanen Ditch that creates off-road connectivity to numerous neighborhoods, community parks and a safe route to local schools from Yorktown Blvd. to Corona Dr. The proposed trail project was developed in five phases. Phases One (1) & Two (2) from Yorktown Blvd. to Saratoga Blvd. were completed as a joint City/MPO project with Texas Department of Transportation (TxDOT) funding. This item is for Phase Three (3) and is a joint TxDOT/City project with shared cost of 80/20 respectively. The project extends the 10 ft wide concrete trail approximately 2,000 LF from Saratoga Blvd. to Killarmet Dr. The project also includes required excavations, backfill, subgrade treatment, concrete placement and landscaping with safety railing and trail markers at key locations. Construction completion is planned for early 2019. Phase Four (4) is also a joint project for trail extension of approximately 3,300 LF from Killarmet Dr. to Holly Rd. The City applied for and received state funding for construction through the MPO's 2018 Transportation Alternative Set-Aside Program. The City match is programmed in the Bond 2016 TXDOT Participation project. Design phase is beginning now, and construction planned to start at completion of Phase 3. The final phase, Phase Five (5), is planned in Bond 2020 for the last 3,000 LF of trail from Holly Rd. to Corona Dr. Although not part of Schanen Trail, the Corona Drive Bond 2014 project includes a multi-use trail behind the curb that is currently under construction. This allows Schanen Trail connectivity to extend from Everhart Rd./South Padre Island Drive (SPID) area to the south side at Yorktown Blvd. On May 23, 2018, the City received proposals from fourteen (14) bidders and bids are as follows: Contractor Base Bid Mo-Con Services Inc. 444,554.15 Corpus Christi, Texas Boretex LLC 546,466.37 Austin, Texas A. Ortiz Construction & Paving, Inc. 547,669.14 Corpus Christi, Texas Mako Contracting LLC 597,384.34 Corpus Christi, Texas AR Energy Services LLC Sinton, Texas 610,168.05 Jimmy Evans Company 623,258.60 Corpus Christi, Texas Kocurek Land Improvement Inc. 630,603.31 Banquete, Texas Winters Construction Inc. San Antonio 654,662.56 Gourley Contractors LLC 661,003.25 Corpus Christi, Texas G.O. Underground LLC 670,986.75 Harlingen, Texas R.S. Parker Construction LLC 758,965.31 Corpus Christi, Texas JE Construction Services LLC 777,330.00 Corpus Christi, Texas Barcom Construction, Inc. 838,557.71 Corpus Christi, Texas Epic Energy Services LLC Odem, Texas 842,039.50 Engineer's Opinion of Probable Construction Cost $577,990.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012-03. 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 0 Capital ❑ Not applicable Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2017-2018 Expenditures Budget 617,955.00 617,955.00 Encumbered / 55,184.00 55,184.00 Expended Amount This item 444,554.15 444,554.15 Future Anticipated Expenditures This 118,216.85 118,216.85 Project BALANCE 01 0 Fund(s): Park CIP, Texas Department of Transportation, Community Enrichment Funds Comments: The Construction Contract will result in the expenditure of an amount not to exceed $444,554.15. RECOMMENDATION: City staff and Martinez, Guy & Maybik, Inc. recommend the construction contract be awarded to Mo- Con Services, Inc. of Corpus Christi, Texas in the amount of$444,554.15 for the Schanen Ditch Hike and Bike Trail - Saratoga to Killarmet project for the base bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Advance Funding Agreement Ordinance appropriating into Park CIP Fund and changing the Capital Improvement Program Budget by $355,643.32 and authorizing a construction contract with Mo-Con Services, Inc. of Corpus Christi, Texas in the amount of $444,554.15 for Schanen Ditch Hike and Bike Trail - Saratoga to Killarmet project for the base bid. (Bond 2012, Proposition 4) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. $355,643.32 of anticipated revenue from the Texas Department of Transportation is appropriated into Fund No. 3280 for the Schanen Ditch Hike and Bike Trail — Saratoga to Killarmet project for the base bid. SECTION 2. The FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 is amended to add $355,643.32 of anticipated revenue from the Texas Department of Transportation for the Schanen Ditch Hike and Bike Trail — Saratoga to Killarmet project for the base bid. SECTION 3. Revenues and expenditures in the amount of $355,643.32 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 a contract for construction in the amount of $444,554.15 for the Schanen Ditch Hike and Bike trail — Saratoga to Killarmet project to Mo-Con Services, Inc. of Corpus Christi, Texas for the base bid. 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 PRELIMINARY PROJECT BUDGET Schanen Hike and Bike Trail - Phase 3 Bond 2012, Proposition 4 PROJECT FUNDS AVAILABLE: Parks Bond 2012, Proposition 4.................................................................................. 155,619 Community Development Funds............................................................................ 106,693 Texas Department of Transportation....................................................................... 355,643 TOTAL FUNDS AVAILABLE 617,955 FUNDS REQUIRED: Construction and Contingency Fees:...................................................................... 489,009 Construction (Mo-Con Services, Inc) THIS ITEM 444,554 Contingency (10%)........................................................................ 44,455 Construction Inspection, Testing & Oversite Fees:..................................................... 42,262 Construction Inpsection (Estimate).................................................... 21,358 Construction Materials Testing (Estimate)........................................... 12,000 Advance Funding Agreement (Texas Department of Transportation)........ 8,904 Design and Geotechnical Fees:............................................................................. 55,184 * Engineer (Martinez, Guy & Maybik, Inc.) ............................................ 49,620 Design Phase - Geotechnical Study and Testing ................................. 5,564 Reimbursements:............................................................................................... 31,500 Contract Administration (Eng Svcs Admin/Finance/Capital Budget).......... 12,200 Engineering Services (Project Mgt/Constr Mgt)..................................... 18,300 Misc. (Printing, Advertising, etc.)....................................................... 1,000 TOTAL ... ... 617,955 ESTIMATED PROJECT BUDGET BALANCE ... 0 * Amendment No. 2 for this work was administratively approved on March 1, 2016. � May 30, 2018 MARTINEZ,GUY Ricardo Martinez, P.E. &MAYBiK |NC. Project Manager MGM, Inc. ENGINEERS aSURVEYORS ^ 6000 South Staples St, Suite I07 6080 S, Staples Suite 2*7 Corpus Christi, Texas 78413 Corpus Christi Texas 78413 o61-814'3070 pav/'&08'D53-m510 Marisa A/aniz, E.I.T. City of Corpus Christi- Project Manager 12O1Leopard Street Corpus Christi, Texas 78469 RE: Schanen Ditch Hike and Bike Trail - Saratoga to 0CilUarmmet, Project No. E16258 - Letter of Recommendation of Award of Contract Dear Marisa A|aniz, Bids for the subject project were publicly opened on May 23, 2018. A total of fourteen (14) bids were received for the project (see attached bid tabulation). The three lowest apparent bidders on the project are Mo-Con Services Inc. with a total base bid of $444,554.15, Boretexu LLC with a total base bid of $546,466.37, and A. Ortiz Construction & Paving Inc. with e total base bid of $547,669.14. No Additives/A|ternateavvare included for this project. Our office has reviewed all three lowest apparent bidder's Statement of Experience /SOE\ submitted subsequent to the bid date (see attachments). During our review additional information was gathered from the three lowest bidder's provided references from previously completed projects. Both A. Ortiz Construction & Paving Inc. and Mo-Con Services Inc. have previously worked/completed projects with the city of Corpus Christi and have experience with the City's construction requirements. All three lowest apparent bidders have key personnel listed for the project (Project Manager, Superintendent, etc.) that appear to satisfy all the nnininnurn experience requirements listed in the contract docunnants. After phone interviews with the provided references from the three lowest bidder's previous projects, our office has received satisfactory reviews from the three lowest bidders for their performance and quality from their listed previous projects. Therefore, after final review from the SOE of the three lowest bidders, MGM recommends award of this project to Mo-Con Services Inc. with a total base bid of $444,554.15 as the lowest qualified bidder from the h lowest bidders Sincerely, . ^Ricardo Martinez, P.E. Attachments: CC: Consultant Project# 3541902 U NUECES RIVER NUECES BAY ^ ' LE SCALE:: N.T.S. SHIP o CORPUS CHRISTI �pp�o I LEOPARD G a' i 44 44 CORPUS CHRISTI p � 288 INTERNATIONAL F AIRPORT 358 5 Oa PROJECT LOCATION N N N P M n Q? S, O� O TEXAS A&M N UNIVERSITY CORPUS CHRISTI Y 358 o� CABANISS y OSO BAY CORPUS CHRISTI FIELD Q NAVAL AIR STATION 865 43 G FLOUR BLUFF 358 288 J O e' O 2444 3 LAGUNA MADRE LOCATION MAP NOT TO SCALE Project: E16258 CITY COUNCIL EXHIBIT Schanen Hike & Bike CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES C Corpus Chr sti Engineering Schanen Hike and Bike Trail Saratoga Blvd to Killarmet Dr Council Presentation July 31, 2018 Location Map 0 Corpus Chr 5d Engineering MINAWIE CORPUS CHP511 PROJECT LOCATION N SCALE: N.T.S. R om say r� walla cu M VicinityMap p Co�puS chi St Engineering , .. S ", pacer Corona Drive-Bond 2014,Prop.1 Under Construction a r N SCALE: N.T.S. por � Phase 5-Future � ' prp kiid,. et ` O� ase - esi n ease o ' Phase 3 - This Item ' 4 g r�r�i Phases 182-Complete SChanen Hike & Bike Trail Project Scope 400� Corpus Chr SO Engineering The Schanen Ditch Trail is a 3.5 mile trail to create off-road connectivity to numerous neighborhoods, community parks and a safe route to local schools from Yorktown Blvd. to Corona Dr. This construction contract is for Phase 3 of 5. This contract includes: • New 10ft wide concrete trail approx. 2,000LF (Saratoga Blvd to Killarmet Dr.) • Trail markers and directional signage at key locations • Safety railing along ditch side of trail • Consistent with MPO's Bike Mobility Plan • Joint TxDOT(MPO)/City project with shared cost of 80/20 respectively Other phases: • Phase 1 and 2 (complete) • Phase 4 from Killarmet to Holly(approved state funding through the MPO's 2018 Transportation Alternative Set-Aside Program) • Phase 5 from Holly to Corona (future) The Corona Dr. Bond 2014 Street Reconstruction includes multi-use trail extending connectivity of the Schanen Ditch Trail to Everhart Rd./SPID area. Project Schedule �. Corpus Chr SO Engineering • Apr May June July Aug Sep Oct Nov Dec Bid Construction Project Construction Estimate = 5 Months Projected Schedule reflects City Council award in July 2018 with anticipated completion in December 2018. i, Texas Deperbnent of Transportation MEM® 11/07/2016 To: Sarah Munoz City of Corpus Christi From: Robin Ramirez Special Projects Coordinator Subject: 0916-35-200 Attached is the Fully Executed above referenced Agreement for your record. Please contact me at 361-808-2233 or Jason Alvarez 361-808-2495, if you need additional information. Sincerely, Robin Ramirez CC: Jason Alvarez OUR VALUES: People•Accountability• Trust• Honesty OUR MISSION: Through collaboration and leadership,we deliver a safe,reliable,and integrated transportation system that enables the movement of people and goods. An Equal Opportunity Employer CSJ:0916-35-200 District#:CRP 16 Code Chart 644:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM PROJECT MPO-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 TAP Schanen Hike and Bike Trail ("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 114335 ("MO")dated August 27, 2015 awarding funding for projects in the 2015 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: AGREEMENT AFA-LPAFA_TAP Page 1 of 15 Revised 2016-08-19 CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development 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. 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. AFA-LPAFA_TAP Page 2 of 15 Revised 2016-08-19 CS1:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development 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: Construction of a 10' decomposed granite shared use path located along Shea Parkway from Saratoga Blvd.to Killarmet Drive. . 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 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 AFA-LPAFA TAP Page 3 of 15 Revised 2016-08-19 CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development 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. 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 AFA-LPAFA_TAP Page 4 of 15 Revised 2016-08-19 CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development 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 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. AFA-LPAFA_TAP Page 5 of 15 Revised 2016-08-19 CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development 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- 1273" in the contract bidding documents. If force account work will be performed,a finding of cost Y effectiveness shall be made in compliance with 23 CFR Subpart 635.8. I 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 AFA-LPAFA_TAP Page 6 of 15 Revised 2016-08-19 CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development 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 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 AFA-LPAFA_TAP Page 7 of 15 Revised 2016-08-19 CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development 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("FPAA"), 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. 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 AFA-LPAFA_TAP Page 8 of 15 Revised 2016-08-19 CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development 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 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. AFA-LPAFA_TAP Page 9 of 15 Revised 2016-08-19 CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development 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-contractor 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 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 AFA-LPAFA_TAP Page 10 of 15 Revised 2016-08-19 CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development 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 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/pkg/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. AFA-LPAFA_TAP Page 11 of 15 Revised 2016-08-19 CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development 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$750,000 or more are met during the fiscal year,the Local Government must submit a Single Audit Report and Management Letter(if applicable)to TxDOT's Audit Office, 125 East 11th Street,Austin,TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/inside- txdot/office/audit/contact.html. If expenditures are less than the threshold during Local Government's fiscal year, Local Government must submit a statement to TxDOT's Audit Office as follows: We did not meet the$ expenditure threshold and therefore, are not required to have a single audit performed for FY 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 45 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. AFA-LPAFA_TAP Page 12 of 15 Revised 2016-08-19 CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development 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 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). AFA-LPAFA_TAP Page 13 of 15 Revised 2016-08-19 CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development 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). 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 14 of 15 Revised 2016-08-19 CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 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. Each party is signing this agreement on the date stated opposite that party's signature. City of Corpus Christi Date: )ID. By: Margie C. Rose �-- City Manager Hi TEST: I� REBECCA HUERTA THE STATE OF TEXAS CITY SECRETARY - Date: Kenneth Stewart Director of Contrac rvices Texas Department of Transportation Approved as to f0rmg"I I I� ssistant City Attorn For City Attorney S Cao . A j H Mitt eFr,pfT a�A° AFA-LPAFA_TAP Page 15 of 15 Revised 2016-08-19 C51:0916-35-200 ' District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT)for the next SECTION of the Schanen Hike and Bike Trail located along Shea Parkway from Saratoga Boulevard to Kiilarmet Drive with the City's local participation in the amount of $8,904 for reimbursement of direct state costs associated with the project. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the next section of the Schanen Hike and Bike Trail located along Shea Parkway from Saratoga Boulevard to Killarmet Drive. ATTEST THE CITY OF CORPUS CHRISTI I :� im �-\,-- . Rebecca Huerta Nelda Martinez City Secretary Mayor 030980 INDEXED AFA-LPAFA TAP Paee 1 of 2 Attachment A CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA#:20.205 Not Research and Development ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT Corpus Christi,Texa�s r 't,, 11 of / _ F/ , � ,� The above resolution was passed by the following vote; Nelda Martinez L Rudy Garza Michael Hunter Chad Magill ( Colleen McIntyre -A 0 Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Okiu- 030980 AFA-LPAFA TAP Paee 2 of 2 Attachment A CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) 1. the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. Legistar Number: 16-1112 _ First Reading for the City Council Meeting of September 27, 2016 - Second Reading for the City Council Meeting of October 11, 2016 Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the next section of the Schanen Hike and Bike Trail located along Shea Parkway from Saratoga Boulevard to Killarmet Drive with the City's local participation in the amount of$8,904 for reimbursement of direct state costs associated with the project Amount Required: $8,904 Accounting Account _ nt Fund Name_ Unit No. Activity No. Amount LL Park& Rec 2010 GO Bond 2008 3292-141 550910 E14066-01-3292-EXP $8,904 Total $8,904 Certification of Funds Required Director of Financial Services Date: CBCT 1 1 2016 Milli C+UserstAtybtAppDaiaVoamiV154Tamp15Afc6871-da5d-4bN-Wl *9et4A3 d`ocx CSJ:0916-35-200 District#:CRP 16 Code Chart 64#:09800 Project:TAP SCHANEN HIKE AND BIKE TRAIL Limits:FROM SARATOGA BLVD TO KILLARMET DRIVE FH WA CFDA#:20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP 4 C33' OORM CSI CQRF�s CHRisn BAY c n z .- 44 v +• zea a ` PROTECT LOCATION sCuvEN UYTCH NIKE & BSE TRAIL--PIMSE 0 iew s*; OSO BAY { CORP-,% F[o •e �utvxcfi S FLOUR kFF, � rib F LACUNA MADRE LQLATIQU„A44 SUBJECT: CITY OF CORPUS CHRISTI SCHANEN DITCH HIKE&BIKE TRAIL-PHASE it Traffic EVe'reenng D!v^ ass in5tre-e ope abws Departmeat AFA-LPAFA_TAP Page 1 of 1 Attachment B CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development ATTACHMENT C PROJECT ESTIMATE AND SOURCE OF FUNDS LG Lets Project to Construction Work Performed by Local Government ("LG") Description of Project Costs to be Incurred Total Project Cost Estimate Federal Participation Includes additional percentage for TDC apportionment where applicable State Participation Local Government (LG) Participation Includes any EDC reduction 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 $591,480.00 80% $473,184.00 0% $0 20% $118,296.00 In-kind donation Value (Add to Total Project Cost - 20% Maximum value) $0 0% $0 0% $0 0% $0 Work by LG Subtotal $591,480.00 $473,184.00 $0 $118,296.00 Work Performed by the State (Local Participation paid up front by LG to TxDOT) Preliminary Engineering) $0 0% $0 0% $0 0% $0 Environmental Cost1 $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 Construction2 $0 0% $0 0% $0 0% $0 Work by State Subtotal $0 $0 $0 $0 AFA-LPAFA_TAP Page 1 of 2 Attachment C CSJ: 0916-35-200 District #: CRP 16 Code Chart 64#: 09800 Project: TAP SCHANEN HIKE AND BIKE TRAIL Limits: FROM SARATOGA BLVD TO KILLARMET DRIVE FHWA CFDA #: 20.205 Not Research and Development Direct and Indirect State Costs Incurred for Review, Inspection, Administration & Oversight Description of Project Costs to be Incurred Total Project Cost Estimate Federal Participation Includes additional percentage for TDC apportionment where applicable State Participation Local Government (LG) Participation Includes any EDC reduction where applicable Cost % Cost % Cost Preliminary Engineering) $16,029.00 80% $12,823.20 0% $0 20% $3,205.80 Environmental Costl $3561.00 80% $2,848.80 0% $0 20% $712.20 Right of Way1 $3561.00 80% $2,848.80 0% $0 20% $712.20 Utilities) $3561.00 80% $2,848.80 0% $0 20% $712.20 Construction2 $17,808.00 80% $14,246.40 0% $0 20% $3,561.60 Direct State Costs Subtotal $44,520.00 80% $35,616.00 20% $0.00 20% $8,904.00 Indirect State Cost $33,950.00 $33,950.00 TOTAL PARTICIPATION $669,950.00 $508,800.00 $33,950.00 $127,200.00 In-kind Contribution Credit Applied 0% $0 TOTAL REMAINING PARTICIPATION AFTER IN-KIND CONTRIBUTION $0 The estimated total participation by Local Government is $127,200.00, plus 100% of overruns. Total estimated payment by Local Government to State is $8,904.00. 1Local Government's first payment of $5,342.40 is due to State within 30 days from execution of this contract. 2 Local Government's second payment of $ 3,561.60 is due to State within 60 days prior to the Construction contract being advertised for bids. 31f 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 or TDCs 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 $508,800.00. AFA-LPAFA_TAP Page 2 of 2 Attachment C SC GO O Va. v AGENDA MEMORANDUM NORROPp�EO First Reading for the City Council Meeting of July 31, 2018 1852 Second Reading for the City Council Meeting of August 14, 2018 DATE: July 17, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Office of the Business Liaison arlenem�cctexas.com (361) 826-3356 Downtown Vacant Building Ordinance CAPTION: Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations including registration; and Providing for penalties. PURPOSE: The purpose of this item is to adopt a Downtown Vacant Building Ordinance. BACKGROUND AND FINDINGS: On April 24, 2018, the TIRZ #3 Board passed a motion recommending that City Council adopt a Downtown Vacant Building Ordinance. The Vacant Building Program was scheduled for reading at the June 12, 2018 City Council meeting. On May 22, 2018, City Staff received a request on behalf of the Downtown Management District to postpone the reading to allow additional review by the DMD Board of Directors. At the June 21, 2018 DMD Board meeting, a Resolution was passed requesting changes to the ordinance language. Staff met with the DMD and made reasonable accommodations. At the June 26, 2018 TIRZ #3 Board Meeting, the board reviewed and approved the Ordinance with amendments. Attached is a redline version of additional revisions made since June 26, 2018. The ordinance establishes the framework for accountability and standard of care and is a vehicle for gathering information on downtown vacant property owners for use in cases of emergency or interest in development. The ordinance will institute a registration process for vacant buildings which will then become eligible for TIRZ #3 incentives. This is a great opportunity to improve the downtown and perceptions of safety in that area. Currently about 15% of buildings in the Reinvestment Zone have been vacant for an extended period or are abandoned. Vacant buildings contribute to blight and criminal activity. In 2016, a vacant building partially collapsed and blocked a street for six months. ALTERNATIVES: City Council could choose not to approve this ordinance. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to City policy. EMERGENCY/ NON-EMERGENCY: Non Emergency DEPARTMENTAL CLEARANCES: ACM Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2016-2017 (CIP only) Current Year Future Years TOTALS Line Item Budget $100,000 $180,000 $280,000 Encumbered / Expended Amount $90,000 0 $90,000 This item 0 $180,000 $180,000 BALANCE 1 1 $10,000 1 0 1 $10,000 Fund(s): TIF #3 Comments: NA RECOMMENDATION: Staff recommends approving the proposed ordinance. LIST OF SUPPORTING DOCUMENTS: Vacant Building Ordinance (Redline) Vacant Building Ordinance Informal Staff Report Presentation Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations including registration; and Providing for penalties WHEREAS, the City Council of the City of Corpus Christi, Texas ("City Council"), has determined that the City of Corpus Christi ("City"), as part of its essential functions as a home rule municipality, has an interest in identifying and regulating property owners of vacant structures located within the downtown area to include their contact information; WHEREAS, the City Council has determined that the downtown area is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, and that the downtown area has the potential to serve as a dynamic economic center for the City; WHEREAS, the presence of unoccupied, improperly maintained buildings in the downtown area poses risks to the public health and safety as the buildings pose an increased risk from fire, can contribute to the deterioration of adjacent structures, and attract vagrants, gang members and criminals; WHEREAS, property owners who own vacant structures have a high incidence of code violations on their properties; WHEREAS, the unoccupied and improperly maintained buildings in the downtown area are a blight and cause deterioration and instability; WHEREAS, the vacant structures attract and harbor wild animals, pests, vermin and varmints; WHEREAS, the contact information as provided in the local deed records for vacant structure property owners is often insufficient to contact the property owner in an immediate and expedient manner in an effort to address any of the above stated concerns and it is necessary to create and maintain an updated registry of contact information of vacant structure property owners in the downtown area and for these vacant structure property owners to designate an agent in Nueces County who shall act as an agent for the vacant property owner for purposes of accepting legal service; WHEREAS, in order to protect and maintain the unique and significant nature of the downtown area for the economic benefit of the City's citizens, it is necessary to require vacant structure property owners to maintain their properties in good repair, so that they are sound and sanitary, and so that said properties do not detract from the economic value and utility of neighboring properties. WHEREAS, the Tax Increment Reinvestment Zone #3 (TIRZ #3) Board recommended the creation of an ordinance to address vacant downtown buildings and various downtown 1 interest groups, including the Downtown Management District, have participated in the drafting of the ordinance; WHEREAS, the City Council has determined that this ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That Chapter 13 "Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement," of the Code of Ordinances is amended by adopting a new Article IV "Vacant Downtown Buildings" which shall read as follows: "ARTICLE IV. VACANT DOWNTOWN BUILDINGS Sec. 13-4001. Declaration of policy. (a) The city council finds and declares that: (1) Downtown Corpus Christi is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, thereby creating a dense development posing increased risks from fire. The buildings often have common walls, or walls that abut, and the buildings are affected by the lack of maintenance of an adjoining building. (2)Downtown Corpus Christi has the potential to be a dynamic economic center for the City, however, improperly maintained vacant buildings and lots inhibit the redevelopment of the downtown area. (3)Downtown buildings that are vacant and unsecured attract vagrants, gang members, and criminals as prime locations to conduct illegal criminal activities. (4)Buildings that are vacant and unsecured are extremely vulnerable to being set on fire by unauthorized persons. (5)Buildings that are vacant and unsecured are a blight and cause deterioration and instability in downtown. (6)Buildings that are vacant and unsecured pose serious threats to the public's health and safety. (7)Abatement and rehabilitation of poorly maintained vacant downtown buildings is necessary. (8)Vacant and unsecured buildings are declared to be public nuisances. (b) The purpose of this article is to protect the public health, safety, and welfare of the city. (c) This article: 2 (1) Determines the responsibilities of owners of vacant downtown buildings. (2) Provides for administration, enforcement, and penalties. Sec. 13-4002. Definitions. Unless otherwise expressly stated, the following words, terms, and phrases, when used in this article, have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning: Administrator means the City's Assistant City Manager over Development Services, or designee. Board when used as a verb means to cover an opening with lumber or panel of wood or other material. Building means any structure or portion of a structure used or intended for supporting or sheltering any use or occupancy. Commercial Building means any building which brings or has the potential to bring income including, but not limited to, office, retail, industrial, and multi-family structures. A multi-family structure containing fewer than five dwelling units is not a commercial building for purposes of this article. Dangerous building means a building which is potentially hazardous to persons or Property, including, but not limited to: (a) A building that is in danger of partial or complete collapse. (b) A building with any exterior parts that are loose or in danger of falling. (c) A building with any parts, such as floors, porches, railings, stairs, ramps, balconies, or roofs, which are accessible and which are either collapsed, in danger of collapsing, or unable to support the weight of normally imposed loads. Downtown means that area included within the boundaries of the Tax Increment Reinvestment Zone #3. Owner means the owner of record in the county where the real property is situated; anyone identified as the owner when the building is registered with the City; the holder of an unrecorded contract for deed; a mortgagee or vendee in possession, a mortgagor or vendor in possession; and an assignee of rents, receiver, executor, trustee, lessee, or other person in possession or with the right to control of the premises or a portion of the premises. Any person who is included in this definition as an owner has joint and several obligation for compliance with the provisions of this article. A tenant who does not have the right of possession or control of a portion of the building that is unoccupied is not an owner for the purposes of this article. Property maintenance ordinance means any ordinance of the City of Corpus Christi related to the required maintenance of a building, this includes, but is not limited to, the International Building Code, the International Property Maintenance Code, the International Fire Code, the International Plumbing Code, and all other similar international codes as adopted by the City of Corpus Christi. Secure means to take measures to ensure that the interior of the building cannot be accessed by: 3 (1) Unauthorized persons without the use of tools or ladders. (2) Birds and other animals through broken windows or other openings in the structure. Unoccupied means not being used for a lawful occupancy authorized by the certificate of occupancy issued by the city's building official. Unsecured means open to entry by unauthorized persons or animals. Vacant means at least seventy five percent (75%) or more of the total floor space is unoccupied. Vacant downtown building means a commercial building located within the downtown area that is vacant. Sec. 13-4003. Applicability and Administration. (a) This article shall apply to all vacant downtown buildings, as defined herein, which are now in existence or which may hereafter be constructed or converted from other uses. (b) The Administrator is authorized to administer and enforce the provisions of this article. (c) The Administrator shall have the authority to render interpretations of this title and to adopt policies and procedures in order to clarify the application of its provisions. The Administrator, at his sole discretion, may also enter into an agreement with a registered property owner to obtain compliance with this ordinance by a date certain. Sec. 13-4004. Registration required. (a) The owner of a vacant downtown building shall have 45 days in which to register from the effective date of this ordinance or the date on which the property becomes vacant if the property becomes vacant after the effective date of this ordinance. (b) Upon the effective date of this ordinance or the vacancy of a previously occupied downtown building, property owners shall register the vacant downtown Property and provide the following information: (1) The address and legal description of the property; (2) The current name, physical address, mailing address, telephone number, and email information for any owner(s) with an ownership interest in the property. Corporations or corporate entities shall submit the same information pertaining to their registered agent. (3) The contact information for a local manager of the properties and/or improvements located on said property, as applicable. 4 (4) The comprehensive Plan of Action Form detailing a timeline for correcting violations, rehabilitation, maintenance while vacant, and future use of the structure. The Plan of Action must be updated annually. (5) Certification that the vacant downtown building meets the required standard of care in accordance with section 13-4008. (6) Criminal Trespass affidavits to be filed with the Corpus Christi Police Department by the property owner. Property owner shall post "No Trespass" placards on the premises. (c) Vacant downtown building property owners shall provide written notice to the Administrator, including a copy of the deed, within 30 days, of a change in: (1) ownership of the property; (2) contact information for either the owner or the designated manager; (3) change of owner's registered agent. (d) Continued annual registration of the property by the vacant downtown building property owner is required until said structure is occupied in compliance with a certificate of occupancy issued by the City's Development Services Department and in compliance with all property maintenance ordinances and state law. Sec. 13-4005. Registration fees. (a) Vacant downtown building property owners shall tender an annual registration fee of $500.00 for each building. The registration fee may be paid by credit card with an additional three percent fee, or $15.00, required for the processing of the credit card payment. The initial registration fee is due upon registration. Annual registration fees shall be due and postmarked no later than November 15 of each year. Sec. 13-4006. Property manager or agent (a) Vacant downtown building property owners must designate a local manager who resides within 50 miles of the vacant downtown building and include the relevant contact information for the designated manager upon registering the Property. Property managers shall act as agents for the property owner for purposes of accepting legal service, however the vacant property owner remains Personally liable in criminal prosecutions for code violations. Sec. 13-4007 Inspection 5 (a) Each vacant downtown building must be inspected by City staff in accordance with the schedule provided below. City staff present at the inspections will include staff from Code Enforcement and any other staff deemed necessary by the Administrator. The number of years that a building has been vacant shall be measured starting on the effective date of this ordinance. Vacant Building Inspections Years Vacant Frequency 1-3 Annually 4-6 Bi-Annually 7 + Quarterly (b) An inspection fee of $0.01 per square foot of space within the building, as determined by Nueces County Appraisal District, shall be paid prior to any inspection or re-inspection required for a vacant downtown building. Inspection fees may be paid by credit card with an additional three percent fee required for the processing of the credit card payment. (c) If it is determined after a required inspection (annual, bi-annual, or quarterly) that the vacant downtown building does not meet the standard of care provided in section 13-4008, the Administrator shall request a property plan and require re- inspection after 30 days, or such longer time as the Administrator deems appropriate, to determine if the vacant downtown building property owner has corrected the defects in the building and brought it up to the required standard of care. In no event shall the Administrator allow a vacant building owner more than 90 days to correct the defects before a re-inspection is required. A vacant building owner may request subsequent re-inspections to show compliance if the property does not pass the initial re-inspection. Sec. 13-4008. Standard of care for vacant downtown buildings (a) The standard of care for vacant downtown buildings, subject to approval by the Administrator, shall include, but is not limited to: (1) Protective Treatment: All exterior surfaces, including but not limited to, walls, roofs, doors, windows, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in such condition so as to prevent the entry of rodents and other pests and the penetration of water to such extent as to cause the structure 6 to be unsound. All exposed wood or metal surfaces subject to rust or corrosion, other than decay resistant woods or surfaces designed for stabilization by oxidation shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment. All surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. (2) Premises Identification: The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm). (3) First-Floor Windows and Doors: Every first-floor window, storefront, and exterior door part, including but not limited to the frame, the trim, window screens and hardware shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a manner so as to prevent unauthorized entry. All broken or missing doors shall be replaced with new doors which shall be secured to prevent unauthorized entry. All glass shall be maintained in sound condition and good repair. All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, windows, or exterior hatchways shall tightly secure the opening. First-floor windows and doors shall not be secured by boarding or other similar means mounted on the exterior except as a temporary securing measure, and the same shall be removed within a period of time designated by the Administrator. (4) Exterior Lighting: The exterior of the building adjacent to any street, sidewalk, or other pedestrian access shall have visible exterior lighting with average ambient light levels of between one (1) and three (3) foot-candles with a minimum of 0.5-foot candles and a maximum of six (6)foot-candles at any point measured on the ground plane. (b) All repairs shall be subject to approval by the Administrator. All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and rules. This paragraph specifically requires that all necessary building permits are obtained and that all work complies with any law or ordinance relating to construction standards, property maintenance, and windstorm requirements, along with all other applicable laws, ordinances, and rules, including property maintenance ordinances. 7 (c) Failure to maintain the vacant property to the standard of care specified by this section is a violation of this article. The Administrator, on application from the vacant downtown building property owner, may authorize limited exceptions to the requirements in 13-4008(x)(3) and (a)(4) on a case-by-case basis. Any authorization of an exception must be made in writing and shall not be interpreted as an establishment of policy. (d) If a vacant downtown building fails an inspection, the property owner may request to submit a Property Mitigation Plan. Submission of a Property Mitigation Plan does not excuse a violation of this article. (1) The Property Mitigation Plan will include all planned work to the vacant downtown building to bring the property into compliance with the Standard of Care, along with an associated timeline and estimated property improvement costs. (2) The Emergency Building Assistance Fund may be available for reimbursement of up to 50% of the costs of the Property Mitigation Plan. Funds are allocated on a first-come first-serve basis and capped at $5,000 per vacant downtown building. (3) Upon acceptance of the Property Mitigation Plan, the Administrator may designate the property as eligible for the Emergency Building Assistance Fund. (4) The vacant downtown building property owner must submit request for inspection and pay the inspection fee. (5) Once compliance is reached, the property owner may seek reimbursement if the property is eligible for the Emergency Building Assistance Fund. To receive any reimbursement, the property owner must submit documentation of all expenses for the work done on the vacant downtown building. (e) Nothing in this section shall prohibit enforcement of other property maintenance ordinances against the vacant downtown building property owner or any tenant or agent who is otherwise liable for violation of such ordinance. Sec. 13-4009. Fee Waivers All fee waivers must be applied for during the annual registration process, and are subject to approval by the Administrator. A fee waiver is only valid until expiration of the then-current registration period. (a) Property which has been devastated by a catastrophe such as fire or flood and rendered unfit for occupancy: the owner has 45 days to register from the date of the disaster but is exempt from the registration and inspection fees. This 8 exemption is for the duration of one year from the date of the catastrophe; thereafter all applicable fees are due. (b) A property owner who is indigent must register and is otherwise subject to this ordinance but is exempt from the registration and inspection fees. This exemption must be determined by the Administrator on the basis established for determining indigency at municipal court, using a review of current income and expenses. (c) Where the owner of the property has obtained a building permit in the previous 6 months and is progressing in an expedient manner to prepare the premises for occupancy, the owner must register the property and is otherwise subject to this ordinance but is exempt from the registration and inspection fees. This exemption cannot be applied to the same vacant downtown building for more than two consecutive years. (d) Where the owner of the property has listed the property for sale at fair- market value, as identified on the Nueces County Appraisal District tax rolls or through an independently prepared appraisal paid for by the property owner, the owner must register the property and pay for any required inspections but is exempt from the registration fee. Sec. 13-4010. Eligibility for Incentives (a) Completion of registration and passing of required inspections or re- inspections will result in the issuance of a letter of eligibility for the property. A downtown vacant building that receives a letter of eligibility is eligible to apply for incentives from the TIRZ #3 to assist with redevelopment of the property. (b) Vacant downtown buildings that are not registered or have not passed inspection or re-inspection are not eligible to apply for or receive any incentives from the TIRZ #3. Sec. 13-4011. Jurisdiction, enforcement and penalties (a) Except as otherwise provided in this section 13-4011, written notice of violation of this chapter will precede the issuance of a criminal citation. When a notice is required, the vacant downtown building property owner will be given a reasonable length of time, as determined by the Administrator, to remedy the violation. Such reasonable length of time shall not exceed 90 days. No vacant downtown building property owner shall be given more than 30 days to begin the work needed to remedy the violation. Written notice shall be issued to the vacant downtown building property owner by means of personal service, or by first class mail to their last known address according to Nueces County Appraisal District records, and by posting on the property. If the owner of the vacant downtown 9 building is a corporation or association, notice will also be sent to the entity's registered agent by means of personal service or by first class mail. (b) Failure to register as required by section 13-4004 is a violation of this article and may result in the issuance of a criminal citation, with or without written notice of violation prior to the issuance of the citation. (c) Failure to meet the Standard of Care required by section 13-4008 upon re- inspection of the property after the expiration of 30 days, or such longer time as the Administrator deems appropriate under section 13-4007(c), is a violation of this article and may result in the issuance of a criminal citation, with or without notice of violation prior to the issuance of the citation. Citations may be issued for the continuing violation of section 13-4008 until such time as the property is in compliance with the Standard of Care. A vacant downtown building property owner may request a re-inspection at any time to establish that the building meets the Standard of Care. (d) Violation of any provision of this article is a class C misdemeanor. Each day any violation continues constitutes a separate offense. (i) This is a strict liability offense in which no mental state is required. (ii) The fine for this offense may not exceed five hundred dollars ($500.00). (e) Administrative, civil, and criminal enforcement are alternative remedies which may be sought independently of each other. Criminal prosecution may occur regardless of pursuit of civil or administrative remedies and vice versa. Sec. 13-4012. Demolition Review (a) The owner of a vacant downtown building may apply for a demolition permit from the Development Services Department. (b) Demolition permits shall not be granted for any vacant downtown building constructed more than 50 years prior to the date of the application unless a certificate of appropriateness for demolition is issued in accordance with section 3.16 of the Unified Development Code. For purposes of this section, the vacant downtown building that is more than 50 years old will be treated as though it is a designated landmark or contributing structure located within an Historic Overlay zoning district." SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. The general vacant building ordinance, codified at 13-3001 et seq. of the Code of Ordinances, as applied to any property other than a vacant downtown building, is not in conflict with this ordinance. 10 SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 4. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 5. That publication shall be made in the office publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance shall take effect on October 1 , 2018. 11 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations including registration; and Providing for penalties WHEREAS, the City Council of the City of Corpus Christi, Texas ("City Council"), has determined that the City of Corpus Christi ("City"), as part of its essential functions as a home rule municipality, has an interest in identifying and regulating property owners of vacant structures located within the downtown area to include their contact information; WHEREAS, the City Council has determined that the downtown area is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, and that the downtown area has the potential to serve as a dynamic economic center for the City; WHEREAS, the presence of unoccupied, improperly maintained buildings in the downtown area poses risks to the public health and safety as the buildings pose an increased risk from fire, can contribute to the deterioration of adjacent structures, and attract vagrants, gang members and criminals; WHEREAS, property owners who own vacant structures have a high incidence of code violations on their properties; WHEREAS, the unoccupied and improperly maintained buildings in the downtown area are a blight and cause deterioration and instability; WHEREAS, the vacant structures attract and harbor wild animals, pests, vermin and varmints; WHEREAS, the contact information as provided in the local deed records for vacant structure property owners is often insufficient to contact the property owner in an immediate and expedient manner in an effort to address any of the above stated concerns and it is necessary to create and maintain an updated registry of contact information of vacant structure property owners in the downtown area and for these vacant structure property owners to designate an agent in Nueces County who shall act as an agent for the vacant property owner for purposes of accepting legal service; WHEREAS, in order to protect and maintain the unique and significant nature of the downtown area for the economic benefit of the City's citizens, it is necessary to require vacant structure property owners to maintain their properties in good repair, so that they are sound and sanitary, and so that said properties do not detract from the economic value and utility of neighboring properties. WHEREAS, the Tax Increment Reinvestment Zone #3 (TIRZ #3) Board recommended the creation of an ordinance to address vacant downtown buildings and various downtown 1 interest groups, including the Downtown Management District, have participated in the drafting of the ordinance; WHEREAS, the City Council has determined that this ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1 . That Chapter 13 "Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement," of the Code of Ordinances is amended by adopting a new Article IV "Vacant Downtown Buildings" which shall read as follows: "ARTICLE IV. VACANT DOWNTOWN BUILDINGS Sec. 13-4001 . Declaration of policy. (a) The city council finds and declares that: (1) Downtown Corpus Christi is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, thereby creating a dense development posing increased risks from fire. The buildings often have common walls, or walls that abut, and the buildings are affected by the lack of maintenance of an adjoining building. (2)Downtown Corpus Christi has the potential to be a dynamic economic center for the City, however, improperly maintained vacant buildings and lots inhibit the redevelopment of the downtown area. (3)Downtown buildings that are vacant and unsecured attract vagrants, gang members, and criminals as prime locations to conduct illegal criminal activities. (4)Buildings that are vacant and unsecured are extremely vulnerable to being set on fire by unauthorized persons. (5)Buildings that are vacant and unsecured are a blight and cause deterioration and instability in downtown. (6)Buildings that are vacant and unsecured pose serious threats to the public's health and safety. (7)Abatement and rehabilitation of poorly maintained vacant downtown buildings is necessary. (8)Vacant and unsecured buildings are declared to be public nuisances. (b) The purpose of this article is to protect the public health, safety, and welfare of the city. (c) This article: 2 (1) Determines the responsibilities of owners of vacant downtown buildings. (2) Provides for administration, enforcement, and penalties. Sec. 13-4002. Definitions. Unless otherwise expressly stated, the following words, terms, and phrases, when used in this article, have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning: Administrator means the City's Assistant City Manager over Development Services, or designee. Board when used as a verb means to cover an opening with lumber or panel of wood or other material. Building means any structure or portion of a structure used or intended for supporting or sheltering any use or occupancy. vv, ,,;,u,UICH vu„ul„y I i lcai is ai y uuiiuii iy vvi in-i i brinuo ur has tht:� potential to bring income including, but not limited to, office, retail, industrial, and multi-family structures. A multi-family structure containing fewer than five dwelling units is not a commercial building for purposes of” articl Dangerous building means a building which is potentially hazardous to persons or Property, including, but not limited to: (a) A building that is in danger of partial or complete collapse. (b) A building with any exterior parts that are loose or in danger of falling. (c) A building with any parts, such as floors, porches, railings, stairs, ramps, balconies, or roofs, which are accessible and which are either collapsed, in danger of collapsing, or unable to support the weight of normally imposed loads. Downtown means that area included within the boundaries of the Tax Increment Reinvestment Zone #3. Owner means the owner of record in the county where the real property is situated; anyone identified as the owner when the building is registered with the City; the holder of an unrecorded contract for deed; a mortgagee or vendee in possession; a mortgagor or vendor in possession; and an assignee of rents, receiver, executor, trustee, lessee, or other person in possession or with the right to control of the premises or a portion of the premises. Any person who is included in this definition as an owner has joint and several obligation for compliance with the provisions of this article. A tenant who does not have the right of possession or control of a portion of the building that is unoccupied is not an owner for the purposes of this article. Property maintenance ordinance means any ordinance of the City of Corpus Christi related to the required maintenance of a building, this includes, but is not limited to, the International Building Code, the International Property Maintenance Code, the International Fire Code, the International Plumbing Code, and all other similar international codes as adopted by the City of Corpus Christi. Secure means to take measures to ensure that the interior of the building cannot be accessed by: 3 (1) Unauthorized persons without the use of tools or ladders. (2) Birds and other animals through broken windows or other openings in the structure. Unoccupied means not being used for a lawful occupancy authorized by the certificate of occupancy issued by the city's building official. Unsecured means open to entry by unauthorized persons or animals. Vacant means at least seventy five percent (75%) or more of the total floor space is unoccupied. Vacant downtown building means a commercial building located within the downtown area that is vacant. Sec. 13-4003. Applicability and Administration. (a) This article shall apply to all vacant downtown buildings, as defined herein, which are now in existence or which may hereafter be constructed or converted from other uses. (b) The Administrator is authorized to administer and enforce the provisions of this article. (c) The Administrator shall have the authority to render interpretations of this title and to adopt policies and procedures in order to clarify the application of its provisions. The Administrator, at his sole discretion, may also enter into an agreement with a registered property owner to obtain compliance with this ordinance by a date certain. Sec. 13-4004. Registration required. (a) The owner of a vacant downtown building shall have 45 days in which to register from the effective date of this ordinance or the date on which the property becomes vacant if the property becomes vacant after the effective date of this ordinance. (b) Upon the effective date of this ordinance or the vacancy of a previously occupied downtown building, property owners shall register the vacant downtown Property and provide the following information: (1) The address and legal description of the property; (2) The current name, physical address, mailing address, telephone number, and email information for any owner(s) with an ownership interest in the property. Corporations or corporate entities shall submit the same information pertaining to their registered agent. (3) The contact information for a local manager of the properties and/or improvements located on said property, as applicable. 4 (4) The comprehensive Plan of Action Form detailing a timeline for correcting violations, rehabilitation, maintenance while vacant, and future use of the structure. The Plan of Action must be updated annually. (5) Certification that the vacant downtown building meets the required standard of care in accordance with section 13-4008. (6) A complete floor plan of the property for use by first responders in the event of a fire or other catastrophic event. (7) Criminal Trespass affidavits to be filed with the Corpus Christi Police Department by the property owner. Property owner shall post "No Trespass" placards on the premises. (c) Vacant downtown building property owners shall provide written notice to the Administrator, including a copy of the deed, within 30 days, of a change in: (1) ownership of the property; (2) contact information for either the owner or the designated manager {2}(3) change of owner's registerPr4 amen' (d) Continued annual registration of the property by the vacant downtown building property owner is required until said structure is been occupied compliance with a certificate of occuoancv issued by the City's Development Services Department and in compliance with all property maintenance ordinances and state law by the ouffmo,t- „r Sec. 13-4005. Registration fees. (a) Vacant downtown building property owners shall tender an annual registration fee of $500.00 for each building. egistration fee may be paid by credit card with an additional three percent fee, or $15.00, required for the processing of the r.rPrlit ram navmPnt ThP initial rpnistrat nn fPP isdiiP i nnn registration. Annual registration fees shall be due and postmarked no later than Gfebe-r-4November of each year. Sec. 13-4006. Property manager or agent (a) Vacant downtown building property owners must designate a local manager who resides within 50 miles of the vacant downtown building #e said igFepeFL and include the relevant contact information for the designated manager upon registering the property. Property managers shall act as agents for the property owner for purposes of accepting legal service, however the vacant Property owner remains personally liable in criminal prosecutions for code violations. 5 Sec. 13-4007 Inspection (a) Each vacant downtown building must be inspected by City staff in accordance with the schedule provided below. City staff present at the inspections will include staff from Code Enforcement and any other staff deemed necessary by the Administrator. The number of years that a building has been vacant shall be measured starting on the effective date of this ordinance. Vacant Building Inspections Years Vacant Frequency 1-3 Annually 4-6 Bi-Annually 7 ± Quarterly (b) An inspection fee of $0.01 per square foot of space within the building, as determined by Nueces County Appraisal District, shall be paid prior to any inspection or re-inspection required for a vacant downtown building. Inspection flees may be paid by credit card with an additional three percent tee required for the processing of the credit card payment. (c) If it is determined after a required inspection (annual, bi-annual, or quarterly) that the vacant downtown building does not meet the standard of care provided in section 13-4008, the Administrator shall request a property plan and require re- inspection after 30 days, or such ^+Monger time as the Administrator deems appropriate, to determine if the vacant downtown building property owner has corrected the defects in the building and brought it up to the required standard of care. In no event shall the Administrator allow a vacant building owner more than 90 days to correct the defects before a re-inspection is required. A vacant building owner may request subsequent re-inspections to show compliance if the property does not pass the initial re-inspection. Sec. 13-4008. Standard of care for vacant downtown buildings (a) The standard of care for vacant downtown buildings, subject to approval by the Administrator, shall include, but is not limited to: (1) Protective Treatment: All exterior surfaces, including but not limited to, walls, roofs, doors, windows, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in 6 such condition so as to prevent the entry of rodents and other pests and the penetration of water to such extent as to cause the structure to be unsound. All exposed wood or metal surfaces subject to rust or corrosion, other than decay resistant woods or surfaces designed for stabilization by oxidation shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment. All surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. (2) Premises Identification: The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm). (3) First-Floor Windows and Doors: Every first-floor window, storefront, and exterior door part, including but not limited to the frame, the trim, window screens and hardware shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a manner so as to prevent unauthorized entry. All broken or missing doors shall be replaced with new doors which shall be secured to prevent unauthorized entry. All glass shall be maintained in sound condition and good repair. All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, windows, or exterior hatchways shall tightly secure the opening. First-floor windows and doors shall not be secured by boarding or other similar means mounted on the exterior except as a temporary securing measure, and the same shall be removed within a period of time designated by the Administrator. (4) Exterior Lighting: The exterior of the building adjacent to any street, sidewalk, or other pedestrian access shall have visible exterior lighting with average ambient light levels of between one (1) and three (3) foot-candles with a minimum of 0.5-foot candles and a maximum of six (6)foot-candles at any point measured on the ground plane. (b) All repairs shall be subject to approval by the Administrator. All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and rules. This paragraph specifically requires that all necessary building permits are obtained and that all work complies with any law or ordinance relating to construction standards, property maintenance, and 7 windstorm requirements, along with all other applicable laws, ordinances, and rules, including property maintenance ordinances. (c) Failure to maintain the vacant property to the standard of care specified by this section is a violation of this article. The Administrator, on application from the vacant downtown building property owner, may authorize limited exceptions to the requirements in 13-4008(x)(3) and (a)(4) on a case-by-case basis. Any authorization of an exception must be made in writing and shall not be interpreted as an establishment of policy. (d) If a vacant downtown building fails an inspection, the property owner may request to submit a Property Mitigation Plan. Submission of a Property Mitigation Plan does not excuse a violation of this article. (1) The Property Mitigation Plan will include all planned work to the vacant downtown building to bring the property into compliance with the Standard of Care, along with an associated timeline and estimated property improvement costs. (2) The Emergency Building Assistance Fund may be available for reimbursement of up to 50% of the costs of the Property Mitigation Plan. Funds are allocated on a first-come first-serve basis and capped at $5,000 per vacant downtown building. (3) Upon acceptance of the Property Mitigation Plan, the Administrator may designate the property as eligible for the Emergency Building Assistance Fund. (4) The vacant downtown building property owner must submit request for inspection and pay the inspection fee. (5) Once compliance is reached, the property owner may seek reimbursement if the property is eligible for the Emergency Building Assistance Fund. To receive any reimbursement, the property owner must submit documentation of all expenses for the work done on the vacant downtown building. (e) Nothing in this section shall prohibit enforcement of other property maintenance ordinances against the vacant downtown building property owner or any tenant or agent who is otherwise liable for violation of such ordinance. Sec. 13-4009. Fee Waivers All fee waivers must be applied for during the annual registration process, and are subject to approval by the Administrator. A fee waiver is only valid until expiration of the then-current registration period. 8 (a) Property which has been devastated by a catastrophe such as fire or flood and rendered unfit for occupancy: the owner has 45 days to register from the date of the disaster but is exempt from the registration and inspection fees. This exemption is for the duration of one year from the date of the catastrophe; thereafter all applicable fees are due. (b) A property owner who is indigent must register and is otherwise subject to this ordinance but is exempt from the registration and inspection fees. This exemption must be determined by the Administrator on the basis established for determining indigency at municipal court, using a review of current income and expenses. (c) Where the owner of the property has obtained a building permit in the previous 6 months and is progressing in an expedient manner to prepare the premises for occupancy, the owner must register the property and is otherwise subject to this ordinance but is exempt from the registration and inspection fees. This exemption cannot be applied to the same vacant downtown building for more than two consecutive years. (d) Where the owner of the property has listed the property for sale at fair- market value, as identified on the Nueces County Appraisal District tax rolls or through an independently prepared appraisal paid for by the property owner, the owner must register the property and pay for any required inspections but is exempt from the registration fee. Sec. 13-4010. Eligibility for Incentives (a) Completion of registration and passing of required inspections or re- inspections will result in the issuance of a letter of eligibility for the property. A downtown vacant building that receives a letter of eligibility is eligible to apply for incentives from the TIRZ #3 to assist with redevelopment of the property. (b) Vacant downtown buildings that are not registered or have not passed inspection or re-inspection are not eligible to apply for or receive any incentives from the TIRZ #3. Sec. 13-4011. Jurisdiction, enforcement and penalties (a) Except as otherwise provided in this section 13-4011 , written notice of violation of this chapter will precede the issuance of a criminal citation. When a notice is required, the vacant downtown building property owner will be given a reasonable length of time, as determined by the Administrator, to remedy the violation. ,h reasonable length of time shas xceed 90 days. No vacant downtown building property owner shall be given more than 30 days to begin the work needed to remedy the violation. Written notice shall be issued to the vacant 9 downtown building property owner by means of personal service, or by first class mail to their last known address according to Nueces County Appraisal District records, and by posting on the property. If the owner of the vacant downtown building is a corporation or association, notice will also be sent to the entity's registered agent by means of personal service or by first class mail. (b) Failure to register as required by section 13-4004 is a violation of this article and may result in the issuance of a criminal citation, with or without written notice of violation prior to the issuance of the citation. (c) Failure to meet the Standard of Care required by section 13-4008 upon re- inspection of the property after the expiration of 30 days, or such Fwlig time as the Administrator deems appropriate under section 13-4007(c), is a violation of this article and may result in the issuance of a criminal citation, with or without notice of violation prior to the issuance of the citation. Citations may be issued for the continuing violation of section 13-4008 until such time as the property is in compliance with the Standard of Care. A vacant downtown building property owner may request a re-inspection at any time to establish that the building meets the Standard of Care. (d) Violation of any provision of this article is a class C misdemeanor. Each day any violation continues constitutes a separate offense. (i) This is a strict liability offense in which no mental state is required. (ii) The fine for this offense may not exceed five hundred dollars ($500.00). (e) Administrative, civil, and criminal enforcement are alternative remedies which may be sought independently of each other. Criminal prosecution may occur regardless of pursuit of civil or administrative remedies and vice versa. Sec. 13-4012. Demolition Review (a) The owner of a vacant downtown building may apply for a demolition permit from the Development Services Department. (b) Demolition permits shall not be granted for any vacant downtown building constructed more than 50 years prior to the date of the application unless a certificate of appropriateness for demolition is issued in accordance with section 3.16 of the Unified Development Code. For purposes of this section, the vacant downtown building that is more than 50 years old will be treated as though it is a designated landmark or contributing structure located within an Historic Overlay zoning district." 10 SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. The general vacant building ordinance, codified at 13-3001 et seq. of the Code of Ordinances as applied to any property other than a vacant downtown buildinc is not in conflict with this ordinance. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 4. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 5. That publication shall be made in the office publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance shall take effect in October 1 , 2018.6 igen and offer 11 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 �pUB o� INFORMAL STAFF REPORT r Irmo 1852 MEMORANDUM To: Keith Selman, Interim City Manager/I/( From: Arlene Medrano, Office of the Business Liaison t Date: July 27, 2018 Subject: CCAR: Downtown Vacant Building Ordinance Update Issue(Problem The Downtown Vacant Building Ordinance was on the City Council agenda for a First Reading on Tuesday, July 241h, but was removed to allow time to make recommended changes by Municipal Court Judges and City Prosecutor. Attached is the redline version showing changes since the Tax Increment Reinvestment Zone #3 Board MRZ #3) approved on June 26, 2018. Background &Findings The Tax Increment Reinvestment Zone #3 most recently approved the Downtown Vacant Building Ordinance on June 26, 2018. Upon Board approval of the ordinance and a unanimous vote recommending City Council approval, Staff began making arrangements and preparing for the implementation of the ordinance and program. Staff provided the Ordinance to Finance, Municipal Court Judges and to the City's Prosecutor for final comments. During these discussions, the attached recommendations for improvement were made. • Per Local Government Code, a maximum 90 days is allowed to correct defects. (Pg. 6 Sec. 13-4007 (c); Pg. 9 Sec. 13-4011 (a) • 3% credit card processing fee for anyone who chooses to pay by credit card instead of by check. Checks require no additional fee. (Pg. 6 Sec. 13-4007 (b)) • Requiring notice to the Administrator for a change of owner's registered agent. (Pg. 5 Sec.13-4004 (c) (3); Pg. 9 Sec. 13-4011 (a)). • occupancy will be determined based on receipt of a certificate of occupancy and compliance of state laws. (Pg. 5 Sec.13-4004 (d)). • If approved, Ordinance will become effective on October 1, 2018. • Annual Registration fees are due no later than November 15 of each year. At the July 24th, 2018 TIRZ #3 Meeting, there was a public comment made regarding the Ordinance. The concerns were addressed via face-to-face conversations and emails. The following addresses the remarks made: Concern: $500 Registration Fee Compared to City of San Antonio's $250 fee. Page X of 3 • Response: San Antonio charges an annual registration fee of $250 for single-family residential structures and $750 for all other structuress Our proposed Downtown Vacant Building Ordinance calls for a $500 fee for all structures. • Concern: If the purpose of the Ordinance is to collect contact information, how will we send notice of the Ordinance? • Response: We will send the registration information to the address that is listed per the Appraisal District. However, through the registration process we will require additional contact information such as phone number and email address for the owner and local manager, if applicable. The additional contact information is so that we have a way to contact building owners in the event of an emergency involving his/her buildings. As you know, Downtown structures exist in a close knit eco-system. What happens to one building may very well affect the neighboring buildings. These buildings sometimes share walls or are very close in proximity to each other. We had a vacant building collapse in our Downtown in 2016 and had no way to contact the property owner other than to mail a letter. The building blocked a street for 6 months. • Concern: Punishment of Vacant Building Owners whose buildings may be vacant, but who are using his/her building for storage. • Response: While this Ordinance is not intended to address land use issues, changing a building from its assigned use to Storage use without going through Development Services would constitute a non-permitted use of the building. Storage units are considered a fire load and may require building modifications. The only permitted storage unit in the Downtown area is the U-HAUL located on Chaparral and Beldon St. • Concern: That the City of San Antonio had to create a Legal Defense Fund to deal with Title issues and that the City of Corpus Christi would need to do the same. • Response: The City of San Antonio created a Title Search Fund to be able to identify the proper owner when the listed owner is deceased. Generally, this only applies to single family residences. Additionally, City Staff and DMD Staff met with the Realtors Association on Thursday, July 261�' and the following concerns were addressed: • Concern: That the Ordinance included residential properties. • Response: Staff has edited the Ordinance to apply to commercial properties only at a rate of $500. The number of single-family residential properties within the TIRZ Boundaries was low (between 10-20%). • Concern: The Ordinance requires a local manager who resides in Nueces County. • Response: Staff edited the Ordinance to a 50-mile radius of the Downtown Vacant Building. • Concern: The Ordinance requires a complete floor plan for use by first responders in the event of a fire or other catastrophic event. • Response: Floor plans serve an important purpose for First Responders in situational awareness, search procedures, thermal imagers, fire behavior, fire control and tactical ventilation. This item is too important to the life-safety of First Responders to remove from the Ordinance. It may help to clarify that the Ordinance is asking for a floor plan, not a blue print. • Concern: The existing city-wide vacant building ordinance and the Corpus Christi Property Maintenance Code cover 95% of what is being proposed in the Downtown Vacant Building Ordinance. Page 2 of 3 Response: The downtown area is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, and the downtown area has the potential to serve as a dynamic economic center for the City. The existing ordinance is primarily used for securing properties, which is not sufficient for our Downtown. The Downtown Vacant Building Ordinance (DVBO) is aimed at eliminating the blighted appearance of the Downtown and creating a bright and lively storefront appeal by requiring the removal of boards on the first floor and the addition of exterior lighting. DVBO's around the country that have the same requirements are proving to decrease the occurrences of crime surrounding abandoned buildings. To have a thriving Downtown, residents and visitors must feel safe with their surroundings. Building remediations are significantly associated with overall reductions in crimes, total assaults, gun assaults and nuisance crimes. The Downtown Vacant Building Ordinance has only been made possible through the unwavering support of the Downtown Reinvestment Zone Board (TIRZ #3). The TIRZ #3 Board approved the funding necessary to support the cost of a Program Administrator and the efforts of Code Enforcement to enforce this ordinance. The TIRZ #3 Board can only approve use of funds within the TIRZ #3 boundaries and could not have approved funding for the enforcement of the existing city-wide vacant building ordinance as those efforts do not fall within the boundaries and would therefore supplant existing efforts, which is a violation of Tax Code regarding the TIRZ. The Downtown Vacant Building Ordinance also differs in that it provides an opportunity for vacant building owners to apply for a grant to support the cost of complying with the ordinance. • Concern: That the associated fees are only to generate revenue for the City. • Response: The fees collected will not cover the cost to run the Downtown Vacant Building Program and therefore will produce $0 net revenue for the City. The TIRZ #3 is supplementing a majority of the cost. o Estimated Program Cost- $90,000 o Estimated Ordinance Revenue— ■ Total Registration Fees = $500 x 45 estimated vacant buildings = $22,500 • Total Inspection Fees = $0.01/sq. ft x Approx. 1,000,000 vacant sq. ft = $10,000 • Total Program Revenue $32,500 • Concern: The Realtors Association was not contacted for input on this Ordinance. • Response: Staff reach out to the Realtor's Association as well as other community stakeholders stating a desire to work together on the Downtown Vacant Building Ordinance. The Realtor's Association were invited via phone and email in July 2017, but were not available to engage. Conclusion Staff recommends passing of the Ordinance as proposed here today to continue the momentum and effort for Downtown revitalization. Page 3 of 3 Downtown Vacant Building Ordinance City Council Meeting July 31, 2018 Downtown Vacant Building Ordinance ' F •i I • Citywide Vacant Building Ordinance Requires Property Secured • Downtown Vacant Building Ordinance Created in 2008 • No Additional Staff, Optional Provisions • Repealed in 2015 • Motion from Tax Increment Reinvestment Zone #3 to create framework on 2/28/2017 E-v About Vacant Buildings Costs to Communities: • Creates Blight • Attracts Vandalism, Criminal Activity • Endangers Public Health & Safety • Lowers Property Values Various Community Approaches: • Vacant Building Registration Programs • Eminent Domain • Receivership • Landbanking Best Practice - Texas Vacant Building g g Registration Programs • 3 of 10 Biggest Texas Cities have Registration Program • San Antonio, Dallas & EI Paso ProgramSan Antonio's Staffing Office of Historic Preservation • 4 Staff, including 2 inspectors specific to program Process Internal Initiation 2013,Adopted June 2014, Kicked Off January 2015 • Currently Expanding to other areas. Policy Must Register,Submit Building Plan • Failure to Register is Class C Misdemeanor-$500 Fine/Day • Fee Waiver if listed at Fair Market Value E-v # of Downtown Vacant Buildings 948 Geographic IDs in Tax Increment Reinvestment Zone #3 Boundaries Map of DowntOWn Vacaes nt Properties Uptown — (Morgan Ave, North to Ship Channel. Map of Downtown Vacant Properties ��� SEA District Tancahua St., East to Bay) Map of Dowftt"V,Vacant Properties .M¢rina Arts DiStY�ct Reviewed for Utility Accounts �.Vi. M p fD6Wn}°v(Vcant Properties Conducted Field Survey in July 2017 8ayh9"'°`"°°° - 56 Vacant Buildings - 5 with TIRZ #3 Agreements - 92 Vacant Lots Map of Downtown Vacant Properties Draft Inventory of Vacant Properties @� Tax Increment Reinvestment Zone #3 Goals • 2018 Ordinance Goals: • Establish Standard of Care: • Protective Treatment • Secured First Floor • Exterior Lighting • Water Tight • Reduce risk to health, safety and welfare of the public • Eliminate blighted appearance and replace with lively storefront appearance • Encourage Property Owners to Take Look at Property • Require Communication with Property Owners • Downtown Reinvestment Zone Focused & Funded @ Downtown Program Framework • Registration • Contact Information & Listing Information • Building Activation Plan • Registration & Inspection Fee • Interactive Map of Available Properties on new Downtown Website • Annual Inspection Requirements • Standard of Care Requirements (Exterior Lighting,First Floor Activation,Roof Not Leaking) • Assistance Fund ($50,000 in FY 19) • Compliance Promotes Property, Eligible for Incentives • Cost of Non-Compliance: Citations Process Map Property October 1 Owner Property nce Ensures • - Inspection - . Bec• . .. Effective Building Submits d Compliance -. Standard of Packet Care Fee Waiver Listed Fair Reinspection $5,000 for 111 Market Upon Failure Ten Properties Value to Comply Building Permit Issued Different Type of Ordinance .. City Wide Vacant Building Ordinance Downtown .• Goal Secure Dangerous Buildings Improve Downtown Safety&Facilitate Development Type of Building Residential&Commercial Commercial "Vacant"Definition Unsecured,Condemned,Dangerous More than 75%Unoccupied Standard of Care Building Secured from Entry Exterior Lighting,Storefront First Floor, Structurally Stable Registration Only After Code Violation Automatic Building Action Plan Only After Code Violation Automatic Registration Fee None $500 Inspection Fee Only After Code Violation Automatic,$0.01 per Scl Ft Watchman Only After Code Violation,if Building is No Mention not securable Incentives Not Available $5,000 for 15t 10 Properties to Comply, Additional Incentives to Encourage Occupation Benefits of Downtown ®rt, Program Reason & Funding to Improve Exterior through Proactive Compliance Fund Fee Waiver for Building Permit, or Listing for Sale a Fair Market Value - Ability to list on Downtowntx.org - Ability to Connect with Tenants - Ability to Access Incentives Improvement Oriented �I :_ D owntowntx.or g ©a a� IMOG V-1 mmi Emma 0000 Incentive Applications m jp Imagine the Possibilities l ,JF r Tour 7rr�onmatiar DATE:Sa,ruday,7wm 9(h TIME:/&W-,J00,7Wmfvb ,t 930,07/ aa/ TOUR BEGINS7027/.C*.,W! HOSTED BY CogcAwr vwown 7MmW..4,DnEY? MORE INFO 36144-?363 iMTX 7 se O �A H v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 31, 2018 "CORPOppjESecond Reading Ordinance for the City Council Meeting of August 14, 2018 1852 DATE: 07/13/2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Authorizing a Use Privilege Agreement for installation of a private wastewater collection system and conveyance system force main CAPTION: Ordinance authorizing a Use Privilege Agreement (UPA) with Valls Wildcat II, LLC ("Permittee") to install a private wastewater collection system and conveyance system force main. PURPOSE: Valls Wildcat II, LLC, ("Permittee") has a facility located at 1402 Spindletop Road at the intersection of Spindletop Road and Leopard Street. The Permittee intends to install a private lift station on the property and install 780-linear feet of 2-inch force main piping that will discharge the wastewater from the private lift station to the City's collection system. BACKGROUND AND FINDINGS: Valls Wildcat II, LLC, ("Permittee") has a facility located 1402 Spindletop Road at the intersection of Spindletop Road and Leopard Street. Valls Wildcat II, LLC, intends to install a private lift station and would like to discharge the wastewater to the City's collection system. The wastewater will be carried via 780-linear feet of proposed 2-inch force main piping and run along the public right-of-way along Leopard Street and will discharge to a wastewater manhole located on Southern Minerals Road. In order to cross under Southern Minerals Road, boring under the street will be necessary to install the piping. The proposed system will collect wastewater flow from the building, convey it to an onsite private lift station and the private lift station will discharge the wastewater to the City's collection system. The proposed lift station will be located on private property. The private force main will run along the Leopard Street right-of-way. The force main will be operated and maintained privately. ALTERNATIVES: Deny the request of a Use Privilege Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right-of-way for private purposes. Ordinance 026217, Section 3. Section. 49-61. Fees for use of public ways by unauthorized pipelines. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any objections regarding the proposed Use Privilege Agreement, provided the applicant meets the specified conditions set out in the Use Privilege Agreement. FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not Applicable ❑ Other Project to Date Fiscal Year: 2017-2018 Expenditures Current Year Future TOTALS (CIP only) Years Line Item Budget Encumbered / Expended Amount This item $1,560.00 $1,560.00 BALANCE i r $1,560.00 1 $1,560.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time Use Privilege Agreement fee of $1,560.00. b. The Permittee' use of the private wastewater sewer main is strictly limited to serving the Permittee' facilities on Spindletop Road. Permittee may not provide wastewater service through the wastewater sewer main to any facilities other than the facilities specified in this section nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the force main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the wastewater sewer main are the sole responsibility of the Permittee. LIST OF SUPPORTING DOCUMENTS: Ordinance Use Privilege Agreement with exhibits Presentation Ordinance authorizing a Use Privilege Agreement with Valls Wildcat II, LLC, ("Permittee") to install a private wastewater collection system and conveyance system force main WHEREAS, Valls Wildcat II, LLC, ("Permittee"), desires to install, operate, maintain, repair, and remove a private wastewater collection system and conveyance system force main ("Wastewater Line") located at the intersection of Leopard Street and Southern Minerals Road; WHEREAS, the Permittee has requested, and the City of Corpus Christi ("City") desires to execute, a one-year term Use Privilege Agreement ("Agreement"). At the end of the initial term, this Agreement renews automatically, in order to accomplish the purpose and use intended by the Permittee within the public right-of-way; WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager or designee to enter into the Agreement for the benefit of the City and the Permittee, subject to the Permittee' compliance with the specified provisions of the Use Privilege Agreement. 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 a one-year term Use Privilege Agreement ("Agreement"). At the end of the initial term, this Agreement with Valls Wildcat II, LLC, ("Permittee"), renews automatically, to allow the Permittee to install, operate, maintain, and remove a private wastewater sanitary sewer main ("Wastewater Line") located at the intersection of Leopard Street and Southern Minerals Road, such Agreement at all times subject to the Permittee' compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance and being incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Permittees' compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time Use Privilege Agreement fee of $1,560.00. b. The Permittee' use of the wastewater sanitary sewer main is strictly limited to serving the Permittee's Valls Wildcat II, LLC, facilities. Permittee may not provide wastewater service through the wastewater sanitary sewer main to any facilities other than the facilities specified in this section, nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the two-inch wastewater sanitary sewer main to any facility whether owned by the Permittee or by another person or entity. C. All costs incurred to install, operate, maintain, repair, and remove the wastewater sewer main are the sole responsibility of the Permittee. Page 1 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 USE PRIVILEGE AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This use privilege agreement ("Agreement") is entered into by and between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, and Valls Wildcat Il, LLC, a Texas limited liability company, whose business address is 210 S. Caranacahua, Suite, 600, Corpus Christi, TX 78401 In accordance with Article IX, Section 1, of the City's City Charter and in consideration of a one-time payment of ($1,560.00) paid by Permittee, the receipt of which for the initial year is acknowledged, the City has granted and conveyed, and by these presents does grant and convey to Permittee, for the term and upon the conditions stated in this Agreement, a use privilege for the right to install, operate, maintain, repair, and remove, approximately 780 LF of 2" forced main piping, as shown in Exhibits "A" (Location Map) and "B" (Plan View and Profile View). Exhibits "A" and "B" are attached to this Agreement and incorporated into this Agreement by reference as if fully set out herein in their entirety. The area in which the use privilege is granted for the location of the Permittee's Wastewater Line is referred to in this Agreement as the "Use Privilege Area." TO HAVE AND TO HOLD the same use privilege granted unto Permittee, its successors, and assigns, together with the right under the conditions specified in this Agreement, to at any time enter upon the above described Use Privilege Area to install, operate, maintain, repair, or remove Permittee's Wastewater Line, and being further understood that the use privilege granted by this Agreement is subject to the Permittee's compliance at all times with the following conditions, the City and Permittee agree as follows: A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Permittee not less than 30 days notice in writing by the City's City Manager, or his designee ("City Manager"). In the event of a revocation by the City Manager or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Permittee. B. This Agreement is for a term of one (1) year from the date executed by the City. At the end of the initial term, this Agreement renews automatically unless the Permittee or the City provides written notice of intent not to renew to the non- terminating party at least 60 days before the end of any annual term. C. This Agreement may not be assigned by Permittee without the City Manager's prior written consent. Page 1 of 8 D. During construction or maintenance of improvements pertaining to the Use Privilege Area granted under this Agreement, insurance requirements are as stated in Exhibit 1, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Before construction or maintenance of the improvements pertaining to the Use Privilege Area granted under this Agreement can begin, the Permittee must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and Director of Development Services Department. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. E. Should construction be deemed necessary by Permittee in the Use Privilege Area, construction plans and specifications for all proposed work shall be submitted in advance by the Permittee to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth, and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Permittee shall also comply with any other laws, rules, regulations, and ordinances applicable to construction in the City and in the public right-of-way, including obtaining all required permits. F. Prior to the start of any approved construction, Permittee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit "C." Additionally, Permittee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees, and invitees in the same manner that Permittee has provided indemnification to the City pursuant to this Agreement. G. Permittee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the Use Privilege Area, in as much as possible. H. At least 48 hours prior to beginning any approved construction, Permittee shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800-669- 8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Permittee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: • City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power(AEP); Page 2of8 • American Telephone and Telegraph (AT&T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location. I. Any construction process and use of the Use Privilege Area by Permittee shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. If the City or any franchisee with utilities currently located in said public right-of-way needs access to the right-of-way, Permittee shall pay for removing or relocating the private wastewater line in the Use Privilege Area to allow access to utility lines for maintenance, repair, removal, or replacement of the utility lines. The Permittee shall repair the Use Privilege Area to its original condition or cease to use the Use Privilege Area, at which time this AGREEMENT terminates immediately. J. Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Permittee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Permittee require a trench, pit, or similar excavation be dug during approved construction, the Permittee shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "P" of this Agreement for additional requirements regarding trenches, pits and similar excavations.] K. If, as determined by the City Manager, damage occurs to any gas, water, storm water, or wastewater line, Permittee shall allow the City immediate access to the Use Privilege Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage Page 3 of 8 and repair, including labor and materials, shall be paid by Permittee within 30 days of the City's invoice. L. Should construction become necessary near existing water or wastewater lines, Permittee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. M. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three-hundred ten dollars and thirty-five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement in the Use Privilege Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Permittee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. N. At any and all times Permittee shall be responsible for the repair and maintenance of the Wastewater Line and Use Privilege Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man-made forces. Should damage occur to the Wastewater Line or Use Privilege Area, regardless of the type of damage, Permittee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this Agreement immediately without any further action needed on the part of the City. O. Permittee shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the Wastewater Line and Use Privilege Area. P. If a trench, pit, or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Permittee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and other excavations, including bore pits, shall be barricaded by the Permittee in accordance with the Texas Manual on Uniform Traffic Control Devices and as Page 4 of 8 approved by the City's Traffic Engineer. [See paragraph "J.2." for additional requirements pertaining to trenches, pits, and other excavations.] Q. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Permittee according to current City standards and specifications and as required by a City inspector. R. Use of the Wastewater Line authorized by this Agreement is strictly limited to providing service to the Valls Wildcat II. LLC located at 1402 SAindletop Road, Corpus Christi TX 78408, in the Use Privilege Area. Permittee shall not provide, nor permit anyone else to provide or receive, service through said Wastewater Line, or at any facilities within the City other than the building facilities specifically included in this Agreement without first obtaining a franchise or other required approval from the City. S. INDEMNIFICATION. Permittee shall fully indemnify and hold harmless the City of Corpus Christi, its officers, officials, employees, and agents ("indemnitees") from and against all suits, claims, demands, actions, losses, costs, expenses, liability, damages and judgments recovered from or asserted against City for any and all property damage or injuries sustained by any person, including without limitation, workers' compensation, personal injury or death, arising from or incident to, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the use privilege granted. T. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signatures. U. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: Page 5 of 8 If to Permittee: Valls Wildcat II, LLC 210 S. Caranacahua, St Corpus Christi, TX 78401 If to the City: City of Corpus Christi Attn: Director, Development Services Department P. O, Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. V This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. W. The Permittee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit "D." Completed versions of Exhibit "D" by the Permittee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. X. This instrument, including exhibits, constitutes the entire agreement between the City and the Permittee, and no prior written, oral, or contemporaneous promises,warranties, or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by authorized representatives of the City and Permittee and approved as required by City law. Y. Any payments due by the Permittee pursuant to this Agreement will be made from current revenue available to the Permittee. Page 6 of 8 EXECUTED IN DUPLICATE this A day of VallsWil t Il, 71& Z&ltd Richar . Valls, JR. , Manager Date ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on -7-to , 2018, by , Richard R. Valls, JR., Manager, Valls Wildcat 11, LLC, a Texas limited liability company, on behalf of said company. q, Amy vokwon My Commission Fxpiros v Y v • t j� 03!20!2024 +�COW 10 No,2543 Notary Pub 's Signature Page 7of8 ATTEST: CITY OF CORPUS CHRISTI By: Rebecca Huerta Keith Selman City Secretary Assistant City Manager APPROVED AS TO LEGAL_ FORM: day of , 2018 By: Buck Brice Assistant City Attorney For the City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2018, by Keith Selman, Assistant City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas Page 8 of 8 Exhibit A 1402 Spindletop Road, Corpus Christi, Texas 78409 a D © p o d Q rt t, r 0 r�p�7b �w+wmM A EXHIBIT B I/ / �-Tr •-•-�-�1 I I � i i I� -I' f /� r PEI 1, / P / P {All� S� z I If P P / / .PEI ' � P Liotta al° an FURMAMTE OFFICE REM 1 A} ••�•�•,o••' WASTEWATER IMPROVEMENTS PROJECT 1 CORPUS CHRISTI,TEXAS y engerean I erWWecLL�surveyors /�' �i[�( 1� ��� ,• OVERALL SITE PLAN EXHIBIT B I-� I to � �.!e II— ��y- _ � - -- •. —..�`pl� � I � Y� � • � srnoic�ar im• .���•� 84483 c . ,°Pi 1 y' 0 a p 6 b e o Ir i I CL c `f rn •�� ! I • BSaBx a °�" s � �c Via l I i ! �r 8 m f E y � �A� i-A'N "•n Y5[ � 5 MATCHUNESTA3+00 Q3 MATCHUNE STA 3+00 SEE SHEET Ha � � Ei SEE SHEET B a e : a a : b �4 x ! f! �� ,r •-4> FURMANITEOMCE Isfu[s R[wlpx7 y1••A i !�;• � " WASTEWATER IMPROVEMENTS PROJECT � � �A��,•�! CORPUS CHRISTI.TEXAS s• 11 1iii wvin.en I�n� I su"yors PROPOSED FORCE MAIN i STA 0+00 TO STA 3+00 4 a nir� i EXHIBIT B A. MATCHUNESTA3+00 a P n P SEE SHEET 5 B MATCHUNE STA 3+00 SEE SHEET 5 [A 0 1 1 f ] ] 1I �R6 ] In , Ho �3 N +` 9 I`I`f 1 7 � +� 1• I rI 9 77` y Y:Y k f - r t go - _ SIR jiP Z � f y! „•—w;; f �f � •n r FURI OFFICE WASTEWATER IMPROVEMENTS PROJECT MPRO4EMENT$PROJEGT usu[srAevsaioria f•1']1 Lmv ��• _ !r`�•!'�II E CORPUS CHRISTI.TEXAS wvinNn I archness I swv"m PROPOSED FORCE MAIN STA 3+00 TO STA 8+40 `�'`��•� EXHIBIT C DATE(MM/DD/YYYY) ACORN® CERTIFICATE OF LIABILITY INSURANCE Ill CERTIFICATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cheryl Rogers NAME: g K&S Insurance Agency a/cNNo Ext: (972)771-4071 FA AC, /c No: (972)771-4695 2255 Ridge Road, Ste. 333 ADDRESS: ILcrogers@kandsins.com P. O. BOX 277 INSURER(S)AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURERA:The Cincinnati Insurance Co. 10677 INSURED INSURERB:Federal Insurance Company 20281 K,M Commercial, Inc., INSURERc:Travelers Lloyds Insurance Co. 41564 DBA: Victory Building Team INSURER D: 1814 Holly Rd. INSURER E: Corpus Christi TX 78417 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYY MM/DD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 DAMAGE TO RENTED A CLAIMS-MADE 1XI OCCUR PREMISES (E.occurrence) ccurrrence) $ 100,000 EPP0050094 12/20/2016 12/20/2017 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � JjRO- ECT 1:1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS EBA0050094 12/20/2016 12/20/2017 BODILY INJURY(Per accident) $ NON-OWNED Per accident) PROPERTY DAMAGE HIRED AUTOS AUTOS X $1000 Comp Ded X $1000 Coll Ded Underinsured motorist $ 100,000 X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ EPP0050094 12/20/2016 12/20/2017 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Leased/Rented Equipment 45466075 EUC 12/20/2016 12/20/2017 100,000 w/$1,000 Deductible C Builders Risk QT6604240L046 12/20/2016 12/20/2017 Frame$3,000,000 Masonry-NC $9,200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Furmanite Project See attached for Additional Information CERTIFICATE HOLDER CANCELLATION jessicag3@cctexas.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Developement Services ACCORDANCE WITH THE POLICY PROVISIONS. 1201 Leopard Street Corpus Christi, TX 78401 AUTHORIZED REPRESENTATIVE T Fierro - Ins./CHERY ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) EXHIBIT C COMMENTS/REMARKS The following Applies to the General Liability Policy: Additional Insured Form #GA233 2/07 for Ongoing Operations, Completed Operations and Leased/Rented Equipment; Primary & Non-Contributory Form #GA233 2/07; Waiver of Subrogation Form #GA233 2/07. The following Applies to the Businss Auto Policy: Additional Insured Form #AA4171 11/05; Waiver of Subrogation Form #AA4172 9/09 *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE,LIMITS,CONDITIONS & EXCLUSIONS. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. EXHIBIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: OOKXK8ERC[/\L GENERAL LIABILITY COVERAGE PART A. Endorsement~Table ofContents: Coverage: 1, Employee Benefit Liability Coverage ~.,,,,.,,,, ......... ..................................................................2 2. Unintentional Failure toDisclose Huzuvda,,..............~,,................................................................7 3. Damage toPremises RentedhuYo ,O 4, Supplementary Payments .8 5. h1edkm| '0 _ Voluntary_ Liability . S 7. 180 Day 10 8. Waiver of Subrogation ---------------------------------------'1U 8. AuhomsdicAdditional Insured-Specified Re|aUonohipm: .......... ...... ...........................................1U , Managers orLessors ofPmmises; , Lessor(fLeased Equipment; ^ Vendors; " State orPolitical Subdivisions'Permits Relating bu Pneno/ueu; " State orPolitical Subdivisions'Pennihm'and ° Contractors' {}Operations ' 10. Broadened Contractual Liability Work Within 5O'ofRailroad Property.........................................14 11. Property DahoBorrowed Equipment............................................................. .........................i4 12, Employees as Insureds-Specified Health Care Services: .............. ............................................. i4 • Nurses; ^ Emergency Medical Technicians;and ^ Paramedics 13. Broadened Notice cf Occurrence.................................................................... .................................14 B. Limits nfInsurance: The Commercial Gonond Liability Limits of Insurance apply to the insurance provided by this endmrme- ment`except auprovided below: 1' Employee Benefit Liability Coverage Each Employee Limit: 1'000'008 Aggregate Limit: $ 3.000000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: m. The Each Occurrence Limit shown inthe Declarations;or b. $500`000 un|oan otherwise stated$ 4. Supplementary Payments e. Bail bonds: $ 1.000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10.800 Includes material ofInsurance G/\233U2U7 Services Office,|nu..with its permission. Page of 15 EXHIBIT 6. Voluntary PropertyDamage (Coverage ajand Care, Custody orControl Liability Coverage (Coverage b.) Limits ofInsurance(Each Occurrence) Coverage m.$1'OUU Coverage b.$5,000unless otherwise stated $________ Deductibles Occurrence) Coverage a.$2S8 Coverage h.$25Ounless otherwise stated $ --____- COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM �a) Area (For Limits in Excess of (For Limits in Excess of �cd) Gross Sales Units Other b. Care, Custody $ or Control I TOTAL ANNUAL PREMIUM $ 11. Property Damage tmBorrowed Equipment Each Occurrence Limit: 10.000 Deductible: $ 250 C. Coverages: have used up the ap- plicable limit of inmur- 1. Employee Benefit Liability Coverage unoeinthe payment of m. The following-ioaddedto SGOT|(]0 | judgments or settle- - COVERAGES: m8|e-- C<)VEHAGES: Employee Benefit men�� . Liability Coverage, No other uNiDm||on or |iabi|- (1) |nuur/n�AQm+�moVnt ity10pay sums or perform` ' acts o/ services is covered (o\ VVew||h�uvthose sums that unless explicitly provided for � � the insured becomes legally under Supplementary Pay- obligated to pay as dam' mente, ages caused byany acter- This insurance vor or omission of the in- in- insurance applies �o sured' or of any other pep damwge� on� i� �ho act, �� mr or omission - son for whose ooia the in- ' is negligently - uenUV oommhiod in the aunyd is legally liable, N which �h »mnon �udmlnk�od�n" of your - ''-- - "employee benefit pro- piles. Wew@|have the right , and duty to defend the in- sured gram";and against any "suit" 1) Occurs during the pn|- oeoking those damages, ' icy period; Vr However, we will have no duty h> defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance dome endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an aot, error or knowledge of e omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- uu|t. But: hmcUve date of this endorsement. 1) The amount wewill pay for damages is limited You will be as described in S��^ deemed to have knowledge of a TION III ~ LIMITS OF INSURANCE; and claim or "suit" when any 2) Our right and duty to ..authorized repro- defend endo when we amnhu|ive"; Includes copyrighted material ofInsurance GA 2330207 Services Office, |no..with its permission. Page 2od15 EXHIBIT 0 Reports all, or honnunce of investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that po/ucne ooxismo to participate or not to U) Receives a participate in any plan written o/ wop included in the "om- ba| demand or ployea benefit pro- claim for dam- gram". ages because of the act, ar- AU Workers' Compensation ror or omia- and Similar Laws aionand ' Any claim arising out of b) There is no other your failure to comply with applicable inaur- the mandatory provisions nf mnne. any workers' compensation, unemployment oompenaa' (2) Exclusions tion insurance, muoie| secu- rity or disability benefits law This insurance does not apply orany similar hn: -- (8) ��|�A (a) Bodily Injury, Pnm �� ' Damage or Personal and Damages for which any in- Advertising Injury n-/\dvardming |n/ury oun*d is liable because o/ , liability imposed on a 5dUoi- BodUinjury",v " perty ary by the Employee Re - damage" or "Personal and hrement Income Security advertising| 'ury". Act of 1874' as now or (b\ Dishonest, Fraudulent, hereafter amended, or by ' Criminal or Malicious Act any similar federal, ahshe or local laws, Dam-n-~ arising out of any (h) Available Benefits intentional, dishonest, ' fraudulent, criminal nv maU Any claim for benefits 0othe cious act, error or omission, extent that such benefits committed by any mxu/eu` are uvoUab|e, with reason- including the willful or neck- able effort and cooperation N less vio1|onc4any o1akuia, of the insured, from the up' (c� Failure Perform m Con- p|icaNe funds accrued or ` ' other coUeoUb|einsurance. Damages arising out of fail- (1) Taxes, Fines mPenalties mem pe//m/'xmmm of cm/' Taxes, fines or md �t�a tractbyany insurer. including those imposed /d) |n�uYU�imm�yVf�undo under the Internal Revenue - - ` ' Code orany similar state or Damages arising out of an local law. insufficiency �� � — '--/ '-~ to U1 Employment-Related meet obligations ^' Practices any plan included in the Ilemployee um/ex |xv- Any liability arising out of gram". any kA Inadequacy of Perform- /1) Rgh�oe|\omncJVy| anue of Investment / Ad— vice Given With Respect (2) Termination of em- to Participation pioyment Any claim based upon: (3) Cooskzn, demotion, evaluation, reassign - 1) Failure of any invest- mmd, discipline,` -- ' men(8mpmdonn; n�ak)n. harassment,- -' Errors in providing /n' humiliation, d�ohnina- hunnedion on past per- tion or other employ- Includes copyrighted material ofInsurance G4 233 02 07 Services Office, Inc,, with its pennisainn. Page 3 of 15 EXHIBIT ment-related practices, (e) Atmst, you are aninsured. acts u/omissions;or Your trustees aro also in- ounads, but only with re- (4) Consequential liability ep*ct to their duties as ouaresult of (1). (2) ur trustees, (3) above. �� Each o( the kd|owing � ahoon This exclusion applies ` ' insured: wheilier the insured m b held Ua\dm as an employer (u) Each of your "employees" orinany other capacity and who iaorwas authorized to to any obligation to mhmna administer your "employee damages with or repay benefit program". someone o|mo who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary au/non- (3) Supplementary Payments zaUon to administer your .'employee benefitnefii program" SECTION | ~ COVERA{ E8' ifynudie` butun| until your SUPPLEMENTARY PAY- �&� proa*""~..~ isap- MENTS ~ COVERAGES /\ AND legal Balso app�ho(h�Coverage. `-~ pointed,—' You — representative-' —'--- 'f b. VVho|omnInsured �m d�. �� apnot to duties ea auoU. re- As respects Employee Benefit --~il-^-' --'— -T—' 11 Thcd representative will- VVHO |� hav� aUynurr�htmanUdu AN INSURED is deleted in its en- - tinetyandneoaoedbvthmfoUowing: ties under this Coverage M\ If designated h� <h� `^ ' '-- ~~ CH An organization you | ac- Declarationsms ` ' quire or form, other than a part- bA An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority mterao , will qualify which you are the wo|o as m Named Insured if no other owner. similar insurance applies km that organization. However, cover- (b) A partnership or joint vwn- age under this provision: tuvm, you are an insured. Your members, your part- (a) Is afforded only until the nom' and their spouses are 1OOihday after you acquire also insureds but only with or form the organization or respect to the conduct of the end ofthe policy period, your business. whichever imearlier;and (c) A limited liability company, (b) Does not apply toany act, o you are an insured, Your error or omission that was members are also insureds, oomnniihsd bmhona you ac- but only with naspooL to the quined o, formed the or- conduct of your business, ganizaUon. Your managers are in- c. Limits ofInsurance aumds' but only with re- spect n- ' opeottothekduUmaaeyour Asrespects Employee Benefit Liabi/- manageru. Ky Coverage, SECTION ||| ^ LIMITS /d\ An organization other than OF INSURANCE |n deleted in its en - a Unytyand replaced bythe following: or limited liability company, M) The Limits of Insurance shown you aro an insured. Your ` ' in Section B. Limits of /nsu� "mmaouiiva officers" and di- anne` 1. Employee Benefit Li- rectors are \naunsdo` but ability Coverage and the rules only with respect to their below fix the most we will pay duties aayour officers ordi- regardless ofthe number of: noohom. Your stockholders are also inaureda, but only (m) Insureds; with respect totheir liability as stockholders, Includes copyrighted ma(oha|of|nuuronoe GA233O2O7 Services Office,|n:.`with its permission. Page 4of15 EXHIBIT C (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations c Persons or organizations applies to all damages { ) g sustained by any one "em- making claims or bringing ployee", including such I.suits ; 'employee's" dependents (d) Acts,errors or omissions;or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement is the most we will pay for all defend the insured damages because of acts, er- against any "suits" seeking those dam- rors or omissions negligently committed in the "administra- tion" of your "employee benefit 2) Your duties and the program". duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission,or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of: claim or "suit" and, upon a An act,error or omission;or notification of the action { ) taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid, that lapses between such d. Additional Conditions acts, errors or omissions, negligentlycommitted in the As respects Employee Benefit Li- „ . ability Coverage, SECTION IV - administration of your 'em- COMMERCIAL GENERAL LIABIL- ployee benefit program", ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2, Duties In the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit a Our obligation to a dam- a. You must see to it that we are noti- ( ) g pay fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits 2 The names and addresses of of insurance shall not be ( ) reduced by the amount of anyone who may suffer dam- this deductible, ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 EXHIBIT C b. If a claim is made or "suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this 2 Notify us as soon as practicable, method also. Under { } y p this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or"suit" as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or"suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit"; plicable limits of insur- and ance of all insurers, (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of sured's own cost, voluntarily make a this Coverage Part. payment, assume any obligation, or e, Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as foi- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Otherinsurance added: If other valid and collectible 1. "Administration"means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect Primary to eligibility for or Y scope of "employee This Insurance is pri- benefit programs', mary except when c, b. Interpreting the "em- below applies, If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary, Then, we employee benefit pro- will share with all that grams"; or other insurance by the method described in b, d. Effecting, continuing or below. terminating any "em- below. participation Includes copyrighted material of insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 6 of 15 EXHIBIT C in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams; leave of ab- s. Handling payroll sence programs, in- ductions;or eluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re- benefits, workers' com- placed by the following: Eensation and disability benefits. 21. "Suit" means a civil pro- ceeding in which money 2. "Cafeteria P damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit"includes: tain benefits with pre-tax dollars. a. An arbitration pro- ceeding in which such 3. "Employee benefit pro- damages are claimed grams" means a program and to which the in- providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative dispute resolution pro- a. Group life insurance, ceeding in which such group accident or damages are claimed health Insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding, ployee may subscribe to such benefits and 8. "Employee" means a per- such benefits are made son actively employed, for- generally available to merly employed, on leave those "employees" who of absence or disabled, or satisfy the plan's eligi- retired, "Employee" in- bility requirements; cludes a ,leased worker", Employee does not in- b. Profit sharing plans, elude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV - COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one tations is hereby amended by the addi- other than an em- tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 7 of 15 EXHIBIT 3. Damage 10Premises Rented toYou cA Settling, oraoking, shrinking or ex- m. The |oat Subparagraph of Paragraph pansion; or 2. SECTION | - COVERAGES, COVERAGE A. - BODILY INJURY Y) Nesting orinhauhy- AND PROPERTY DAK8AGE, 2. L|~ tion, or discharge ABILITY Exclusions Is hereby da' or na|maem of |etedand nyp|aood bythe following: waste products or 000mtiona, by in- Exclusions c.through q.do not apply aeoia' birds, »n- to damage by fire, axp|ominn. light- dents or other ning smoke or soot to pnomimom animals. while rented to you or temporarily occupied by you with ponn|auion of (b) Loss caused directly urindi- thoowner. nooi|ybyany of the follow- b. The insurance provided under SEC- i»Q: TION | - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP~ eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of ment water damage to premises that are both rented 'and occupied byyou. 2) Water that backs upor overflows from m (1) Aorespects Water Damage Lo- sewer,drain orsump; gal Liability, as provided in Paragraph 8.b.above: 3) VVuher under the ground ourhsoo press- The exclusions under SECTION ing on. or flowing or | - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAK0/\{SE UA0L^ m) Foundations, |TY, 2. Exc|us|nno, other than ii. waUa. floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, aro deleted b) Basements,nnonxemxmwmUuvwunneo: whether paved or This insurance does not apply not;or to:� o) Doors, windows or (a) "Property damage": other openings, 1'� Assumed in any con- (o) Loss caused byorresulting tract;or from water that |omko or ' flows from plumbing, heat- 2) eatI8 Loss caused by or re- ing, air conditioning, or fire ou|bn0 from any of the protection systems ouuamd following: by or resulting from (ngaz- ing' unless: m) VVearand baa� 1) You did your beat to b> HuoJ' oormeiun, maintain heed in the fungus, denay, building orstructure;or deterioration, hid- den or latent do' 2) You drained the huot or any uahty equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy k- ta|nwd. oo|t (d) Loss tuordamage to: «'� Smog; 1) Plumbing, heating, air d) Mechanical oondNoning. fire pro- breakdown in' taction systems, or o|oding rupture or other equipment or ap' bunsting ouuaad p|kanoeu;ur by oonk|fuOa| force; 2) The interior of any building mstructure, m to personal property in the building orstructure Includes copyrighted material cfInsurance GA 233 02 07 Services Office,|no..with its permission, Page Ooyi5 EXHIBIT caused by or resulting 5. Medical Payments from et or �.rain, snow,driven The Medical nae Limit of Any One whether —� hywind ornot. Person as stated /n the Declarations is amended to the limit shown in Section B. o. Limit nYInsurance Ljnnbm of Insurance, 5. Medical Pay- The Damage to Premises Rented to moontoofthis endorsement. You Limit as shown in the Deo|ans- 6. Voluntary Property Damage d Care, tions|uamended aufollows: Custody urControl Liability Coverage (2) Paragraph G. of SECTION |N ~ e. Voluntary Property Damage Cmv~ L|K0|TS OF INSURANCE is oroQe hereby deleted and replaced by the �following: We will pay for"property damage" to VVpropmAycdothers arising out ofop- G. Subject to S. above, the orations incidental to the inuurmd'o Damage to Premises business when: Rented to You Limit \othe most we will pay under (1) Damage is caused by the in- COVERAGE A. BODILY oumd| or INJURY AND PROPERTY (21 Damage occurs while in the in- DAMAGE LIABILITY, for ' sured'apou000m|on damages because of ' "pro Ay damage" to With your nonamnt, we will make pnamo/aoa while nmntoU to these payments regardless offault, you ortemporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to SECTION | ' COVERAGES, C��V- which this insurance cap- --- ERAGE ABODILY INJURY AND ' p|iem A. PROPERTY DAMAGE LIABILITY, 2. (3) The amount we will pay is |lm' Exclusions, j. Damage to Property, hed as described in Section B. Subparagraphs (3) do Limits of Insurance, 3. Dam- not apply to "property damage" to age to Pnmm1mem Rented to the property of others described You ofthis endorsement. therein. 4. Supplementary Payments With respecttothe insurance provided by this section of the endorsement, the fol- Under SECTION | ~ COVERAGE, SUP- lowing additional provisions apply: PLEK8ENTARY PAYMENTS ~ COVER- AGES A AND B: a. The Limits ofInsurance shown inthe Declarations are replaced bythe ||m- e. Paragraph 2. is replaced by the fol- its designated in Section B. Limits of lowing: Insurance, G. Voluntary Property Up to the limit shown in Section Damage� � mnd Care, Custody or Limits mfInsurance, 4.a~ Bail Control Liability Coverage of this of this endorsement for cost o/ bail endorsement with respect hocover- bonds re ovar-bondony ed because age provided by this endorsement, or traffic "wrviolations arising out of These limits are inclusive ufand not in addition to the limits being re- Bodily | Liability Cove placed,"v" v "i ' o�ued shown inSmokmBLimits of |nsup thuoebonda pU�m We do not have to �furnishano* S Voluntary B. Property Dam- age ' '�gnmndQano. Custody orControl b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse- lowing: mentfix the most we will pay in any "occurrence"onounonce" vmgardioon of the All reasonable expenses incurred by number of: the insured at our request to omoiot us in the investigation ordefense of h\ Insureds; the claim or 'suit" including actual' �� Claims or brought; loss o(eamingauphothe Umhshown ` ' ' or in Section B. Limits of Insurance, 4.b. Loss of Earnings of this on' k8 Persons or organizations mak- domemmntper day because o/ Ume ' ' ingclaims orbrTing|ng "auihu". off from work. Includes copyrighted material VfInsurance GA 2330207 Services Office, |no..with its permission, Page 9of1S EXHIBIT b. Deductible Clause D. Automatic Additional Insured ~ Speoi- fiodHa|ed|onah|pa /1\ 0 W damages on your behalf applies only to a. The following is hereby added to the amount ofdamages for each SECTION||-WHO |S/\NINSURED: 'hoourmnm*" which aro in ex- u*au of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.e.(2) |nauxanom. S. Voluntary Prop~ below (hereinafter referred h) aa orty Damage and Corw. Cue' additional insured) whom you tody or Cnmbo| Liability Cov~ are required toadd eo an addi- ermgmof this endorsement, The hona| insured under this Cover- limits o[ inouranoowi||ncdbe »o- age Part hyreason of: duoedbythe application ofsuch (o\ A written contract or � deductible amount. ` ' agreement; or /�) Condition Dvdwm |nth� �v�n� ` ' ' (b) An oral agreement orcon- of Ooourxenoo' Qfhmnee' Claim tract where m oedifiooia of orSuit, applies toeach claim or insurance showing that per- ^auiy'irreupmo\ivooftheamount. son or organization as on CB We may pay any part or � of addiUona| insured has been ` ' the deductible amount to effect inxu*d, settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- tion taken, you shall promptly � �ew�onor oral contract reimburse kx � such part the � � or agreement is: deductible amount as has been paid byus. 8 Currently in effect or becomes oKeohvo 7. 180 Day Coverage for Newly Formed mr during the policy pe- Acquired Organizations e'AoquiredC>rgonizmdons riod|and SECTION U - WHO IS AN INSURED is 2) Eumouh»d prior to an amended aafollows: "occu/ranoe" oroffense �o which this �naunxnum S b h m. (� P�ra�naph 4. ia would apply hereby deleted and nap|aomd bythofo|- ' lowing: /b\ They are not specifically u' Insurance under this provision is af - namodaoenadditional in- forded only until the n- hordedwn|yun|Uthe 180th day after munad under any other pro- you acquire or form the organization ro~youacquinmorknnthoorganizaUon vision of, or endorsement or the end of the policy period, added to, this Coverage whichever 1oearlier; part' (2) Only the following persons or 8. VVa|*mroy�ubroBaUpu organizations are additional in- SECTION |V~ COMMERCIAL GENERAL ouvmdm under this endorsement, LIABILITY CONDITIONS, H~ Transfer of and insurance coverage pro- Rights of n»-RiQhtmof Recovery 4go(ne1 Others to vidad to such additional in- Us is hereby amended by the addition of n'UmiohmrobyamenodbytheaddiUonof auredo is limited as provided the following: herein: We waive any right of recovery we m (a) The manager or lessor of a have because of payments make for premises leased tnyou with injury or damage arising out of your on~ whom you have agreed per going opanuUone or "your work" done un- Paragraph 9.a.M> above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to UebUi(yuhn- and included in the "products-completed ing out of the ownership, operations hazard". However, our rights maintenance or use of that ^ | be waived prior to the "occur- pa�o/a promises leased io renor'�giving rise to the injury or damage you, subject to the following for which wm make payment under this additional exclusions: �xmuo�na'_ C",=' Part, Th insured must do This insurance does not nothing *[ter a /oam to impair our rights. apply Atour m �qu� ,thoinauvmdvviUbhng "uuii" � or transfer those rights to um and help us 1 Any "000unonms" enforce those rights. which takes p|eom after Includes copyrighted material cdInsurance GA233U287 Services Office, |no.'with its permission. Page 1Ouf15 EXHIBIT you cease toieaten- d Any physical or ant|nthat premises. chemical change in the product 2) Structural a/teudiona, made intentionally now construction or bythe vendor; demolition operations performed byoronbe- d) Rmpackaging, un- half of such additional less unpacked insured. mom|V /or the pur- pose of ur'poamof inspection, (h) Any person or organization demonstration, from which you lease tesUnQ, or the equipment with whom you substitution of have agreed per Paragraph parte under in- 9.a.(1) above to provide m- oiruohonefrnm the ou/anoe. Such poroonhAnr manubm1uoer, and orgmnizahon/s\are insureds then repackaged solelywith respect to their in the original liability arising out of the container; maintenanoa, operation or use byyou of equipment e\ Any failure to |mamod to you by suchpor- make such in- son(s) or organizaUono(s). spections, However` this insurance ments, neom or does not apply h) any 'bo- servicing as the ouneno*"which takes place vendor has after the equipment lease agreed \omake or expires. normally under- takes nduptakos to make in <o\ Any person urorganization the usual course (referred to below as vnn' of buainesu, in dor) with whom you have connection with agreed per Paragraph the distribution or S (1) above to provide sale of the pmd- ouronoe, out only with re- uob; �nd8- injury" or "property' d� " �� f) Demonstration, in- ut of products"which uka|atkm, menio- aredistributed orsold k) the inA or repair op- regular counm of the venerations, except - dor's huainmma. eubioo( to such operations the following additional ox' performed at the o|uuions: vendor's premises in connection with 1\ The insurance afforded the sale of the the vendor does not product; apply to: , g) Products which, :'Bodily'BudUy injury or ' u#erdiaihbudonor 'property damage" mo|o by you, have for which the von' been \ubm\md or dor is obligated to relabeled or used pay damages by as a container, reason o/ the as- pad or ingredient sumption of Uabi/- of any other thing i\yinacontract or orsubstance byor agreement. This for the vendor. exclusion does not apply ioliability for 2> This insurance does damages that the not apply to any in- vendor would aurnd person or or- have phave in the ab- gonization: oonoe oftha onn- t �) From whom you tract or agree- have acquired menc � such products, or b) Any oxpnyaa war- any /nQnao|enc, rantyunmuthwrized part or oontmner, by you; entering into. ac- Includes copyrighted material of Insurance o'Ino|udemuupyrighbmdonateha|of|nsonanoo GA 2338207 Services Office, |no,with its permission, Page 11 of 15 EXHIBIT companying or 2) This insurance does containing such not apply to "bodily in- products; jury", "properly dam- " b) When liability in' -'v�� ~imi. injury" adm- duded within the �� out ' md "products- performed~ for the nhnhn uu/ cvpolitical subdivision, tions hazard" has been excluded (0 Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 8.o.(1) opect to such above (oprovide insurance, products. but only with respect to li- ability aha|nQ out o/ "your /d\ Any state or political subd}- work" performed for that vision with which you have additional insured by you or w9rnuu per Paragraph onyour behalf. Aperson or 0.a.(1) above to provide m- organization's status as an aunynoe, subject to the fol- insured under (h|m , ' 'nn lowing additional provision: nfthis endorsement vonin- This insurance appliesonly ues for only the period of wAU) �--'— b the following time required by the w"`"e ' hazards for which the state ^='kao` or agreement, but or political subdivision has in /mevent" beyond "the ex- issued a permit |noonneo' p|mmtiun duhm V/ this Cover- tion withpnamiuea '-uown age Pad. If there is no rent orcontrol and - which written contract or agree- this insurance applies: groe-thisineunynomapp|ima: ment' ori/ nnperiod oftime is required by the written 1) The existence, inke- contract or agreement, a nmnne, repair, con- person or organization's simoUon, erection, or status asen insured under removal of advertising this endorsement ends signs, owninga, oano- when your operations for piea, collar entrances, that insured are completed, uou| holes, drivewmyu manholes, ' (3\ Any insurance provided to an hoist ' mopenings, additional insured designated ~- ~/ r ' und�rPmragraphOo /2)' sidewalk vaults, street ' ^` '' banners, or donora~ kd ph (e) Subparagraphs � and tions and similar expo- ` ' does not -applyto "bodily 000/ sures;or injury" "property e" 28 The construction, �nac- the "prod- tion, or removal ' included ��� of m|e- uo\m-completed operations vamm. . or hazard"; 3) The ownership, Subparagraphs main- . . hananog' or use of any era'w v f)does not apply to elevators covered by 'bodily injury", "property this insurance. ~°magor "personal and advertising injury" arising (e) Any state or politicaluubd out ofthe sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.u.(1) above ho � idin- agents, "employees" orany surano to the hd' other representative of the lowing provisions: additional insured;or 1\ This insurance applies (o) Subparagraph (f) does not only with res ect to op- apply to "bodily injury", erations pe3ormed b "properly damage" or "per- you or on Your beha(f sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in designfur- issued permit, niahed byo/ un behalf Includes copyrighted material ufInsurance G4233D2U7 Services Office, |no,with its permission, Page 12of15 EXHIBIT of the additional in- spects any other insurance aured;cx policy issued to the addi- tional insured, and such 2) The rendering of, or cdho, insurance policy shall failure to usnder, any boexcess and/urnonoon- profeumionm| amhiieo- h)bu|ing. whichever applies, |una|` engineering or with this insurance. surveying uomicge' in- cluding: (b) Any insurance provided by this endorsement shall be m) The preparing, primary to other insurance approving or hsi|' available to the additional |ng to pnypnnn or insured except: approve maps, shopdrawings, 1\ As otherwise provided opinions, reports, /n SECTION |V ^ numeya, hoN pr- C{3N1K8ERC|/\L GEN~ dmra. change or' ER4L LIABILITY dors or drawings CONDITIONS, 6. Other and specifications; Insurance, b. Excess and |nourmnna;or b) Supervisory, in- 2\ For any other valid and apeodon, avchi- uo||eohb|a insurance teotura( or engi- available to the add|- neer/ngmctk/iUme. Uona| insured as an additional insured by 3\ "Your work" for which a attachment of an en- consolidated (wnap'up) donmmmmni to another insurance program has insurance policy that is been p/vvmuu by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse- in which you are in- merdshall ahu be ex- volved. oeua. h. Only with to insurance pro- �� Condition 11. Conformance to vidad iuunaddiUona\ insured doa�- ` ' Specific Written Contract or na(ed under Paragraph Agreement iahereby added: paragraph (f) above, SECTION III - LIMITS OFINSURANCE iaamended 11. Conformance to Specific to include: Written Contract or The limits applicable buthe additional Agreement insured aro those specified in the With respect to additional written contract or agreement or in insureds described io Para- the Declarations o/ this Coverage graph 8.a.(2)UAabove only: Part, whichever are less. |fnolimits are specified inthe written ounhuot If a written contract or o/agreement,ori(there ianowritten agreement between you contract oragreement, the limits mp- and the additional insured p/ioab|ekothe additional insured are specifies that coverage for those specified /othe Declarations of the additional insured: this Coverage Part. The limits of |o- Be provided by the In- surance are inclusive of and not in sunanom Services Of- addition to the limits of insurance 1ioe additional insured shown in the Declarations.. h)mnnumber GG201O c. SECTION |V - CC)N1K8ERC|AL GEN- or CG 20 37 (where EH4L LIABILITY CONDITIONS is edition opooified);or hereby amended eofollows: /�) include for M\ Condi6on5. {�<hwrInsurance io —~ completed operations; amended toinclude: or � Include oovmnygn for (o) Where required byaw/rhten ^ , contract oragreement, this "your work"; insurance is primary and / and where the limits oroov' or noncontributory as re- orugo provided tothe eddi- |no|udnacopyrighted material o(Insurance GA233U2D7 Services Office,|no.. with its permission. Page 13wf15 EXHIBIT Uomal insured is more re- 11. o/ this endorsement fix the okicUvo than was apooi/|- most mmwill pay inany one "oxc- oaUv nsouinyd in that written curnanoo" vegaod|8mo of the contract or egn»mmont' the number of: terms of Paragraphs 9.m.(3)/b\ or &.b. (m) Insureds; above, or combination~-~—" (b) Claims made or "suits" thme�. shall be in�v'"eo= brought; or as providing the limits or coverage required by the (c) Persons or organizations terms oithe written contract making c|ahna or bhu0 or egnoemerd, but only to "omiba", the extent that such limits or coverage haincluded within /2> Deductible Clause the terms cdthe Coverage dam- Part h) which �h|a endorse- (m) Our obligation to pay eAeo on your behalf applies ment |eattached, If, huw- ~ on|ytothe amountofdam- eve� the written contract or " ~ ages for each Tmounenoo" agreement specifies the |n' which are in excess of the euxmnoe Services Office Deductible amount stated in additional insured form Section B0noitsof |oeur^ (� numberC20 10 but does B. *nce of this endorse- not specify which editionor ' 11' endorse- not ' ` — meni The limits of inou� spe�fiea an edition that ' �ao� m�ewNn� h* md�edb d exist, Paragraphs'~ theapplication cf such De- 9.a.(3)(a) and S���b c� '`'`/ / duohNeamouni this endorsement shall not ' apply and Paragraph 8.b. o( (b) Condition 2~ Duties in the this endorsement shallwp- ' Event of Ocxurrenne. Of- ply. fenoe. Claim or Suitap' � " plies hdeimur 'aud 10Broadened �nntro��ue| �|mbO/ty~VVorh `" ="^ ' �mmapmoVvoo/�h�amuun� mVithin5D`VfRailroad Property . |tishereby agreed th«tpa'~ h f.(1) of (o) Vemay pay any part orall of th� doduchb|m amount tu DeUnitkon 12 "|naumd con�umt" ��E�^ ' e�o' a��mm1� � �� TION V~ UEF|0|T|ON�� is . ' ' claim or "eud end. upon 11. Property Damage to Borrowed Equip. notification of the action noent hakmn, you mhu|| promptly reimburse us for such pad e. The following is hereby added to Ex- of the deductible amount as c|ua|on j. Damage to Property of has been paid byus. Paragraph 2., Exclusions of SEC- TION I -COVERAGES, COVERAGE EC~TION | -COVER/\GES' ODVER/\GE 12. Employees as Insureds ~ Specified A. BODILY INJURY AND PROP. Health Care Services ERTYDAK0/\GE LIABILITY- It is hereby agreed that Paragraph Paragraphs (3) and (4) of this mxc|u- 2.a,(1)(d) of SECT/0N If ' WHO IS AN eiondn not apply to tools or equip- INSURED, does not apply to your "om- ment loaned to you provided they P|myeeu" who provide professional health are not being used ioperform opera- care services on your behalf as duly U- Uonmutthe time ofloss. conned: b. With respect to the insurance pro- m. Nurses; vidod by this section of the on- dvmommnt, the following additional b. EmergonoyK4�d�a|�eohnin�ana�or provisions apply: o. Paramedics, (1) The Limits of insurance shown in the jurisdiction where an "occurrence" in the Declarations are nyp\anad or offense to which this insurance applies by the limits designated in Sao' takes place. tion B. Limits mfInsurance, 11. cfthis endorsement with respect 13. Broadened Notice mfOccurrence to onvenaAe !d d by this '�- - endorsement. These limits are Paragraph a' of Condition 2~ Duties in the Event of Occurrence, Offense, �nc|uo�veofondno�ineddi�iontu ' ' the limits being replaced, The Claim or �«/� ECT/[ N |V ^ COM8ER ' Limihn of Insurance shown inCONDI- Section { |/ L GENERAL U/ �|L��Y �ON�|~ SeohonB. Uo|1soy Insurance, Includes copyrighted ma1mha|nf|naunonoe 04233U2D7 Services Office, |no,with its permission, Page 14uf1S EXHIBIT TIONS) is hereby deleted and replaced (2) The names and addresses of bythe following: any injured persons and wit- a. You must see to it that we are noh- neaaea; anu hed as soon as practicable of an (3) The nature and location of any .,occurrence" or an offense which injury ordamage arising out of may result inmclaim. Tothe extent the"000un*000''oroffense. possible, notice should include: This requirement applies only when M> How, when and where the "oc- the "occurrence" or offense is known ourrence"oroffense took place; toan "authorized repnasent*dive". Includes copyrighb*dmaterial rfInsurance GA 2838807 Services Office,|nc^ with its permission. Page 15of 15 EXHIBIT C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 12/20/2016 ESA 005 00 94 Named Insured: KIM Commercial,Inc.dba Victory Building Team Countersigned by.- (Authorized y:(Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury"or"property damage". AA 4171 11 05 EXHIBIT C THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 12/20/2016 IEBA 005 00 94 Named Insured: KIM Commercial,Inc.dba Victory Building Team Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation of payments we make for "bodily injury" or SECTION IV - BUSINESS AUTO CONDI- "property damage"arising out of the operation TIONS, A. Loss Conditions, 5. Transfer of of a covered "auto" when you have assumed Rights of Recovery Against Others to Us is liability for such "bodily injury" or "property damage" under an "insured contract",amended by the addition of the following: pro- vided the "bodily injury" or "property damage" We waive any right of recovery we may have occurs subsequent to the execution of the "in- against any person or organization because sured contract". AA 4172 09 09 00 30 05 City of Corpus Christi Disclosure of Interest EXHIBIT D CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires allpersons 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: Valls Wildcat II, LLC. STREET P. O. BOX: 2505 ADDRESS 210 S. Carancahua, Suite 600 CITY: Corpus Christi, Texas STATE: ZIP: 78403 FIRM IS: 1. Corporation X 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department(if known) 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 narnes of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A City of Corpus Christi 003005 - 1 [Insert Project Name and Number] Rev 01-13-2016 EXHIBIT D 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 chajiges occur. Certifying Person: Richard R. Valls,Jr. - Title: Manager (Type or Print) Signature of Certifying Person: Date: March 15, 2018 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. City of Corpus Christi 00 30 05 — 1 [Insert Project Name and Number] Rev 01-13-2016 I Use Privilege Agreement for Valls Wildcat II, LLC. City Council Presentation July 31, 2018 Aerial Overview �o � o 0 o r-,mss o a(DU GCr' Wo�4�0 Ed i I imnaareNwy s� 1 Selena Museum Q 1 GD 0 Carpus Christi intemationai ❑ Airport 4Q44us Cy4,r r c a Main Layout .oOrClS SouthernVZ � Minerals Rd. 00 Proposed proposed Private Lift private 2" � Station Force Main I � �� o �; Existing Wastewater � Manhole ` Staff Recommendation • Approval SC GO H v AGENDA MEMORANDUM Ncnnpagp1E Future item for the City Council Meeting of July 31, 2018 1852 Action item for the City Council Meeting of August 14, 2018 DATE: June 22, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Resolution authorizing outside city limits water contract with property owners in Mokry Estates CAPTION: Resolution authorizing outside city limits water contract with property owners in Mokry Estates. PURPOSE: The City Council is required to approve the outside city limits water contract for a new water connection before the contract for such service can become effective. The City Manager or designee is authorized to execute water service contracts. RECOMMENDATION: Approval of the resolution authorizing the City Manager or designee to enter into an outside city limits water contract with the property owner at Mokry Estates to provide public water located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. BACKGROUND AND FINDINGS: Section 55-111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property as a condition of City water service. The property owners, Lawrence Mokry and Jonna Mokry, have submitted and received a building permit application with the City of Corpus Christi for a tract of land outside the city limits. In order to obtain public water, the property owners must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit building plans that are in compliance with all city codes and obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such building construction. A water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, construction of homes may only occur in compliance with City regulations, including building construction permit requirements, as though the property were inside the City. The applicants platted the property in order to obtain a residential building permit from the City of Corpus Christi. The Plat for Mokry Estates contains 2 lots and was approved by the Planning Commission on April 5, 2017 and recorded in the Nueces County map records on April 20, 2017. Mokry Estates is located north of Farm to Market 43 and east of County Road 33 and adheres to the requirements set forth by the City of Corpus Christi Land Development, Engineering, Traffic Engineering, and Fire planning standards. Currently, the applicant is building a residential home on Lot 1 of Mokry Estates but there is no construction on Lot 2. Staff recommends the City Council approve authorizing the City Manager or designee to enter into outside city limits water contracts with the property owner to provide public water to their property located outside the city limits. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Section 55-113 of the City Code requires City Council approval of outside-City-limits water contracts. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Resolution OCL Water Contract Exhibit A — Location Map General Warranty Deed Recorded Plat Resolution authorizing outside city limits water contract with property owners in Mokry Estates BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council authorizes the City Manager or designee to enter into outside city limits water contract, an example copy of the Agreement is on file in the Office of the City Secretary and incorporated herein for all purposes, with property owners in Mokry Estates to provide public water to their respective property located outside the city limits pursuant to Chapter 55, Article VIII of the City Code of Ordinances. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith I Outside City Limits Water Contract for Mokry Estates City Council Presentation July 31 , 2018 Lo4gus Cy,�� r a 0� AERIAL OVERVIEW OF MOKRY ESTATES JA-Z ko Mokry Estates CR 26 Site FM 4 IIIIIIfeaL�I��C� VicinityMap Mokry Estates 0 Existing 16" Water Main _ and Fire �,. Hydrant FN _ ti , ^s Staff Recommendation • Approval STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES § Whereas, contracts for water service outside the city limits which include a new water connection must receive approval by the city council before the contract for such service can become effective pursuant to Corpus Christi Code 55-113; and Whereas, the city manager or designated representative is authorized to execute water service contracts meeting all of the requirements contained in Chapter 55, Article VIII of the Corpus Christi Code when no additional service connection is involved or the contract is for temporary water service for a period of not more than one (1) year or for consumption of less than ten-acre feet of water during the entire contract term. THIS CONTRACT AND AGREEMENT made and entered into an original by and between, Lawrence and Jonna Mokry (Owners), whose address P.O. Box 271020, Corpus Christi, TX 78427, and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port-related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to-wit: Lot 1 and Lot 2, Mokry Estates II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Sections 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. Ill. Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. Page 1 of 3 V. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant runnjng with the land. WITNESS OUR HAND this day of 71-4 L , 2018. OWNER: Lawrence and Jonna Mokry ince Mokry, Owner STATE OF TEXAS § § COUNTY OF NUECES § 1 . This Instrument was acknowledged before me on this the day of , 2018, by Lawrence Mokry, Owner. ULTRA V PENA NOTARY PUBLIC �f T{ State of Texas .•• Comm,Exp.12-02-2019 Notary Public, State of Texas �&aw A8& naokry, Owner STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this theT ay of , 2018, by Jonna Mokry, Owner. pip' OLTHA v PENA Notary Pub c, State of Texas N OTARY PUBLIC ...... a State ofTexas Comm.Exp.12-02-2019 Page 2of3 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Nina Nixon-Mendez, FAICP City Secretary Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of , 2018, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of , 2018, by Nina Nixon-Mendez, FAICP, Director of Development Services, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of J4r �/ 2018. Buck Brice Assistant City Attorney for the City Attorney Page 3 of 3 Mn' U MOKRY ESTATES I sr__ FM 43 z m HYDE-PARK KIRKLE IS LLFT can w SOUTHAMPTON J � X Lj O a PRINCE-JOHN V � 0 0.050.1 0.2 0.3 Miles Exhibit "A" Water Contract Location Map r� 1 s t.�T. tF7 Aare Created:OKII2016 +.+•.+■.+ Prepared By:leremyM City of aJOWN Department of Development Sarvlcas CO Us e'ae'a� Ae.K:lDevefopmen:Svcs1SHARMG13PmjectsWases' 201/WeterContrnctsWahryEstatsslSubdNfsJon Christi LOCATION MAP Projected CoordfnareSystem:NAD 1983-SratePlane_7eia>_Souftonps 1205 Fee: Projealom lambert Conformal Conlc se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of July 31, 2018 1852 Action Item for the City Council Meeting of August 14, 2018 DATE: July 31, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Fleet Maintenance iimd(a�cctexas.com (361) 826-1909 Mike Markle, Police Chief MikeMa(a)cctexas.com 361-886-2601 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Purchase and Installation of Upfitting Equipment for Police Vehicles, with a Two-Year Service Agreement CAPTION: Motion authorizing the purchase and installation of upfitting equipment on police vehicles, with a two-year service agreement for $365,362.75 from Cap Fleet Upfitters of Temple, Texas, via the BuyBoard Cooperative. PURPOSE: This item is to approve the purchase and installation of upfitting equipment on police vehicles, with a two-year service agreement. BACKGROUND AND FINDINGS: Due to the increased use of Ford Utility Interceptors, it is necessary to purchase 44 upfitting kits in order to place these units in service at the appropriate time and replace equipment on existing fleet. Upfitting is the term used to describe everything that goes in a Police Marked unit so that it may function properly. Fleet Maintenance Services Department will be able to re-use the computers, cameras and radios for all of the existing units however; the remaining equipment that must be purchased includes such items as lights, full compartment partitions, sirens, push bumpers, and center console keyboard mounting plates, etc. The cost per unit is $8,303.70. The total cost is based on the Buy Board Contract 524-17 for upfitting equipment installation services. The purchase and installation of this equipment will all be paid for in fiscal year FY2018-19. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Police Department Fleet Maintenance Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $9,395,648.23 $0.00 $9,395,648.23 Encumbered / Expended Amount $6,108,745.78 $0.00 $6,108,745.78 This item $0.00 $365,362.75 $365,362.75 BALANCE $2,921,539.70 $0.00 $2,921 ,539.70 Fund(s): Fleet Maint Svc and CC Crime Control Comments: None 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 Upfitting of Police Vehicles BUYER: JOHN ELIZONDO for Police Department BUY BOARD CONTRACT 524-17 CAP FLEET TEMPLE, TEXAS UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE L1. Purchase and Installation of Upfitting Equipment for Police Vehicles 1 LS $365,362.75 $365,362.75 Total Price $365,362.75 o SSERVICE AGREEMENT NO. 1811 Purchase and Installation of Upfitting Equipment for Police 1 852 Vehicles, with a Two-Year Service Agreement THIS Purchase and Installation of Upfitting Equipment for Police Vehicles, with a Two-Year Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Cap Fleet Upfitters ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Installation of Upfitting Equipment for Police Vehicles, with a Two-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 Upfitting Equipment for Police Vehicles, with a Two-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 24 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $365,362.75, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: 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 Street, Corpus Christi, TX 78401 Phone: 361-886-2653 Fax: N/A IF TO CONTRACTOR: Cap Fleet Upfitters Attn: Greg Hernandez Title: Salesperson Address: 1910 McFetridge Street, Harlingen, TX 78550 Phone: 956-230-5314 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 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page b of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: tv Title: i- r Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 ATTACHMENT A -SCOPE OF WORK The Contractor must supply and install 44 upfitting kits for use in Ford Utility Interceptors in order for the Corpus Christi Police Department to place the units in service at the appropriate time. Upfitting is the term used to describe the installation of accessories and equipment that go in Police Marked units which includes but is not limited to such items as lights, full compartment partitions, sirens, push bumpers, and center console keyboard mounting plates. Please refer to Attachment B for an itemized list of all parts, equipment and services that must be included in the upfitting kits. All computers, cameras and radios in designated units selected for upfitting will not be replaced at this time. The installation of the upfitting equipment, which will not begin until January of 2019, will be performed offsite in accordance with applicable, current and recognized standards. The Contractor will not need to come onto City property to perform the installation. City staff will provide for the delivery and return of the vehicles selected for upfitting. ATTACHMENT B - SCHEDULE OF PRICING CAP FLEET Quote U P F I T T E R S Date 07/13/2018 CAP Fleet Upfitters, LLC Quote# CAP037674 1910 McFetridge Street Harlingen, TX 78550 Phone: 956-230-5314 Name/Address Ship to: CORPUS CHRISTI POLICE FLEET CORPUS CHRISTI POLICE FLEET Attn: Zach Cayton Attn: Zach Cayton 5352 Ayers Bldg 5 5352 Ayers Bldg 5 Corpus Christi, TX 78415 Corpus Christi, TX 78415 Salesperson: Greg Hernandez Year: 2018 Email : ghernandez@capfleetupfitters.com Make : Ford VIN : Model : Pi Utility End User: Corpus Christi PD Notes Buy Board 524-17. Part# Qty Description Unit Price Total P1826UINT13AOSB 35 Dual Compartments, Pro-cell, Full Partition (Includes $2,313.51 $ 80.972.85 Recessed Panel) w/Outboard Seat Belts GK10342USVSCA 44 D T-RAIL MOUNT 2 UNIV LOCKS WITH#2 KEY $300.30 $ 13,213.20 GF10921TU12 9 T-Rail Free Standing Mount Kit works with or without $ 125.30 $ 1,127.70 MCRNTR 25 STUD MOUNT MICRON RED $81.90 $2,047.50 MCRNTB 25 STUD MOUNT MICRON BLUE $81.90 $2,047.50 LEGSMOK48PK 28 Smoked Lens Duo $2,275.00 $63,700.00 2015-FINT-SUV 44 Center console for 2015-2016 and up Ford Intercepter $650.00 $28.600.00 "Shorty"CCPD PP EXTINGUISHER 30 BLACK EXTINGUISHER BOX WITH YELLOW VELCRO $89.00 $2,670.00 FINTSUVL3PV 9 PLASTIX PLUS LEVEL 3 POLY VAULD FORD $890.00 $8,010.00 INTECEPTOR- MUST ALSO USE CP-UV-CARGO-MNT CP-UV-CARGO-MN 9 Tilt-up 40"x 32"cargo mount. (Trimming req'd w/non-Tray $265.00 $2,385.00 plastic seats/cages) 38921 UA 44 CENTER SECTION PUSH BUMPER ULTRA ARMOR $319.00 $ 14,036.00 C-KBM-105 44 Keyboard mounting plate for Datalux $59.80 $2,631.20 C-MM-216 44 Monitor adapter plate assembly, Datalux, TX4 $39.64 $ 1.744.16 C-MKM-102 44 Quick release pull out design for keyboard $ 133.72 $5,883.68 C-EB40-CCS-1P 44 1-PIECE EQUIPMENT MOUNTING BRACKET, 4'' $20.83 $916.52 MOUNTING SPACE. FITS WHELEN 425-6308 44 Summit Remote, 5300 $23.68 $ 1,041.92 SSF5150D 44 SOLID STATE BRAKE LT. FLASHER $46.72 $2,055.68 M4J 88 M4 LED FLASHER BLUE/RED $ 122.85 $ 10,810.80 M4FB 88 M4 SERIES FLANGE BLACK $4.83 $425.04 VTX609J 88 VERTEX SUPER-LED SPLIT RED/BLU $68.00 $5,984.00 INSTALL 44 Installation LABOR 44 LABOR $2,140.00 $94,160.00 CSLABOR 44 CUSTOMER SUPPLED PARTS LABOR $0.00 $0.00 SSUPPLY 44 SHOP SUPPLIES $85.00 $3,740.00 CAPHARNESS 44 CAP FLEET WIRING HARNESS $ 130.00 $5,720.00 SHIP 44 SHIPPING&HANDLING $ 155.00 $6,820.00 DEALER 44 DEALER PREP $75.00 $ 3,300.00 INSPECT 44 ALL CAP FLEET INSTALLATIONs COME WITH AGENCY $30.00 $ 1,320.00 LIFETIME WARRANTY ` WWCAPFLEETUPFITTERS.COM Pagel CAP FLEET Quote U P F I T T E R S Date 07/13/2018 CAP Fleet Upfitters, LLC Quote# CAPQ37674 1910 McFetridge Street Harlingen, TX 78550 Phone: 956-230-5314 Name/Address Ship to: CORPUS CHRISTI POLICE FLEET CORPUS CHRISTI POLICE FLEET Attn: Zach Cayton Attn: Zach Cayton 5352 Ayers Bldg 5 5352 Ayers Bldg 5 Corpus Christi, TX 78415 Corpus Christi, TX 78415 Salesperson: Greg Hernandez Year : 2018 Email : ghernandez@capfleetupfitters.com Make : Ford VIN : Model : Pi Utility End User: Corpus Christi PD Notes Buy Board 524-17. Part# Qty Description Unit Price Total CSNOTE 44 " DISCLAIMER - LABOR PRICING IS ONLY GOOD FOR $0.00 $0.00 ALL PRODUCTS AND SERVICES INCLUDED IN THIS Subtotal $ 365,362.75 Tax $ 0.00 This quote is good for 30 days from date of quote. Grand $ 365,362.75 1 hereby authorize the install work therein set forth to be done by CAP Fleet Upfitters,together with the furnishing by CAP Fleet Upfitters of the necessary parts and other material for such install and agree that CAP Fleet Upfitters is not responsible for any delays caused by unavailability or delayed availability of parts or material for any reason;that CAP Fleet Upfitters neither assumes or authorizes any other person to assume for CAP Fleet Upfitters any liability in connection with such install;that CAP Fleet Upfitters shall not be responsible for loss or damage to the above vehicle,or articles left therein;in case of fire,theft,any Act of God,or other cause beyond CAP Fleet Upfitters control;that CAP Fleet Upfitters employees may operate the above vehicle on streets,highways,orelsewhere for the purpose of testing and/or inspecting such vehicle. VVVltPFLEETVPFI TERS. tiOM Page 2 ATTACHMENT C - INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Fire Chief one(1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL,AL and WC if applicable.Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence - aggregate or termination required on all certificates and policies. GARAGE LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Broad Form 2. Premises -Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Broad Form Property Damage 7. Personal Injury 8. Advertising Injury GARAGE KEEPERS PHYSICAL DAMAGE Actual Cash Value of Vehicles While in COVERAGE including: Care, Custody or Control 1. Physical Damage on a Direct Primary Basis C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance"clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty(30)calendar days advance written notice directly to City of any, cancellation,non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City.City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s)which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing—CCPD Auto Garage Services and Repairs—Off Site 06/27/2018 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 All Cap Fleet installations come with agency lifetime warranty. Page 1 of 1 SC GO O� U AGENDA MEMORANDUM NcOq PONP1E 1852 Future Item for the City Council Meeting of July 31, 2018 Action Item for the City Council Meeting of August 14, 2018 DATE: July 17, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com (361) 826-1972 Professional Services Contract Amendment Solid Waste Engineering and Technical Support Services CAPTION: Motion authorizing Amendment No. 1 to a 3-year Master Services Agreement with Hanson Professional Services of Corpus Christi, Texas in the amount of$712,501 for a total restated fee of$750,000. PURPOSE: The purpose of this Agenda Item is to provide engineering and technical support for Solid Waste Department for project development, implementation and compliancy with TCEQ permits. BACKGROUND AND FINDINGS: This item provides with professional engineering services for major project development and implementation, capital improvement issues, operational improvements, permitting questions/clarifications, project management assistance and other professional assistance associated with the J. C. Elliott Landfill, J.C. Elliott Transfer Station and Cefe F. Valenzuela Landfill. Engineering services include, but are not limited to; • Assistance with professional, regulatory and surveying services in support to the Gas Collection and Control System (GCCS) of both landfills. • Assistance with the Capital Improvement Programs (CIP) • Assistance with permitting questions and clarifications • Coordination of aerial topography survey to evaluate remaining disposal capacity and land depressions of existing filled cells for the annual report to TCEQ. • Coordination and permitting assistance for the Alternate Daily Cover program (ADC) • Evaluation and recommendation of leachate recirculation options and soil management • Assistance with the operation of household hazardous waste program • Evaluation of relocation of brush grinding operation and assessment of site development requirements Individual task orders will be negotiated and administratively authorized within the available funds by the City Manager or authorized designee. ALTERNATIVES: 1. Execute Amendment No. 1 to the Master Services Agreement with Hanson Professional Services. (Recommended) 2. Do not execute Amendment No. 1 to the Master Services Agreement with Hanson Professional Services. (Not recommended) CONFORMITY TO CITY POLICY: Hanson Professional Services is the consultant engineer that was selected for this project under RFQ No. 2018-01. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Budget and Current Year Future Years TOTALS Expenditures Budget 37,499 212,501 500,000 750,000 Encumbered / 37,499 37,499 Expended Amount This item 212,501 212,501 Future Anticipated Expenditures This 500,000 500,000 Project BALANCE 0 0 0 0 Fund(s): Solid Waste CIP Comments: Task Orders will be charged to various Solid Waste Department projects in accordance with project scope of each project. RECOMMENDATION: City staff recommends approval of Motion to authorize Amendment No. 1 with Hanson Professional Services. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Amendment No. 1 Odem N SCALE: N.T.S. Al Doyle Q art and HUECES RWF 624 NUECES BAY ANNAVILLE 77 U P i CORPUS CHRISTI O 'wO R LEOPARD D 0 ROBSTOWN H H CORPUS CHRISTI nn 286 INTERN4no� AIRPORT 358 q e Fql CORPUS CHRISTI BAY $ e n J.C. Elliott Landfill $"`° TEXAS A&M UNIVERSITY r CORPUS CHRISTI r #I, 35B ISS Z OSO BAY CORP NXV ELo Q 685 43 FLOUR B 358 PROJECT LOCATION o� �p0 2444 V y., LAGU kWR Cefe F. Valenzuela Landfill LOCATION MAP NOT TO SCALE Project Number: 18096A Solid Waste Engineering and CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS ViQ Technical Support Services DEPARTMENT OF ENGINEERING SERVICES — Corpus Chr sti Engineering Solid Waste Engineering and Technical Support Services Council Presentation July 31, 2018 Solid Waste Engineering Support Services Carpus Chr sti Engineering N SGLE:N.T.S. SOLID WASTE ENGINEERING AND TECHNICAL SUPPORT SERVICES J.C.Elliott Landfill UWF a� A u RE Cefe F.Valenzuela Landfill SAE 2 Solid Waste Engineering Support Services Carpus Chr st *i Engineering Provides engineering and technical support for major projects and operations at J.C. Elliott Landfill, J.C. Elliott Transfer Station and Cefe F. Valenzuela Landfill. Engineering services include, but are not limited to: • Assistance with professional, regulatory and surveying services • Assistance with the Capital Improvement Programs (CIP) • Coordination and permitting assistance for the Alternate Daily Cover program (ADC) • Evaluation and recommendation of leachate recirculation options and soil management • Assistance with the operation of household hazardous waste program • Evaluation of relocation of brush grinding operation and assessment of site development requirements Project Schedule Carpus Chest J Engineering i 2019 A S O N D J F M A M 7J J Solid Waste Technical Support Estimated Completion Time is 12 months. Carpus Chr sti Engineering Questions? CITY OF CORPUS CHRISTI AMENDMENT NO. 1 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES Solid Waste Technical Support (Project No. 18096A) This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Hanson Professional Services, a Texas Company, 4501 Gollihar Road, Corpus Christi, Nueces County, Texas 78411 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER.....................................................................................2 ARTICLE II COMPENSATION.................................................................................................3 ARTICLE III QUALITY CONTROL PLAN .................................................................................4 ARTICLE IV INSURANCE REQUIREMENTS...........................................................................4 ARTICLE V INDEMNIFICATION..............................................................................................4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE.................................5 ARTICLE VII TERMINATION OF AGREEMENT .......................................................................5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT.........................................................................6 ARTICLE IX OWNER REMEDIES ............................................................................................6 ARTICLE X CONSULTANT REMEDIES..................................................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ...............................................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................9 EXHIBITS Master Services Agreement ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 31d party owners/operators. Master Services Agreement ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $712,501 for a total restated fee not to exceed $750,000. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order,and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City,which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. I n addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 2.5 Monthly invoices will be submitted in accordance with the Payment Request, attached as Exhibit C. For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $750,000.00 Task 1 —TBD TBD Task 2 —TBD TBD Task 3—TBD TBD Task 4—TBD TBD Task 5—TBD TBD Task 6—TBD TBD 2.7 In the event of any dispute(s)between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.8 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.9 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. Master Services Agreement ARTICLE III —QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost(OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV— INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. 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. Master Services Agreement ARTICLE VI —TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of three (3)years beginning on the Effective Date. The AgreerneRt may be 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as "Draft" and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Master Services Agreement Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee,which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes,daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Upon reasonable prior notice, Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX—OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. Master Services Agreement 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions,the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation, additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. Master Services Agreement 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR)process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty(30)calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 I n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 11.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Master Services Agreement ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture,this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee maybe assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf—info forml295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. Master Services Agreement 12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index 12.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 12.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable,such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order,the Articles and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HANSON PROFESSIONAL SERVICES Jeff H. Edmonds, P. E., (Date) JeWi I, P. E. 1D e) Director of Engineering Services P e 1525 S. Sixth Street Springfield, IL 62703 APPROVED AS TO LEGAL FORM (217) 788-2450 Office jball@hanson-inc.com Assistant City Attorney (Date) ATTEST City Secretary (Date) Master Services Agreement Master Services Agreement for Solid Waste Technical Support (Project No. 18096A) Accounting Unit 3367-031 Account 550950 Activity 18096-A-3367-EXP Account Category 50950 Fund Name Landfill 2015 CO Master Services Agreement EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated , 2018 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI HANSON PROFESSIONAL SERVICES Jeff H. Edmonds, P. E., (Date) Grant A. Jackson, P. E. (Date) Director of Engineering Services Vice President 4501 Gollihar Road Corpus Christi, TX 78411 (361) 814-9900 Office (361) 814-4401 Office gjackson@hanson-inc.com Master Services Agreement HANSON Hanson Professional Services Inc. 4501 Gollihar Road Engineering I Planning I Allied Services Corpus Christi,TX 78411 (361)814-9900 Fax:(361)814-4401 www.hanson-inc.com July 10, 2018 Mr. Jeff Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Re: Solid Waste Professional Support Master Services Agreement (MSA) Project No. 18096A Dear Mr. Edmonds: The City of Corpus Christi (City) issued RFQ No. 2018-01 for FY2018 Capital Improvement Projects in January of this year. In April, Hanson Professional Services, Inc. (Hanson) was selected to provide consulting services for the Solid Waste professional support project (Project D.3) as part of that RFQ. Thank you for the opportunity to provide the City of Corpus Christi with professional engineering, consulting and related services to address the needs of the Solid Waste Services Department. A Small AE contract was executed in June of this year as a means to provide continuity of services to the City from the prior year Solid Waste On-Call MSA contract. This contract will provide for consulting services on numerous projects including, but not limited to: evaluation of fill limits and status of remaining disposal capacity for existing disposal cells at the Cefe Valenzuela Landfill; Alternate Daily Cover (ADC) operations coordination and consulting; Cefe Valenzuela Landfill traffic control plan update; review and consultation on the Cefe Valenzuela Landfill operations contract; evaluation and recommendation on Cefe Valenzuela Landfill soils management; evaluation of Cefe Valenzuela Landfill leachate recirculation options; assistance with CIP program review and development; evaluation of potential modification options for the J.C. Elliott Transfer Station and Citizen Collection Center; updates to electronic and hard copy facility permit documents; assistance with the operation of the household hazardous waste program; maintenance of and updates to the Solid Waste environmental compliance calendar; evaluation of relocation of brush grinding operation and assessment of site development requirements; coordination of 2018 annual aerial topography survey; and technical, regulatory and surveying services in support of the City's response to the LFG well EW-48 potential oxidation event at the closed J.C. Elliott Landfill. In addition, this MSA will allow Hanson to provide assistance, as the need arises, for capital issues, permitting questions or clarifications, records research, small job order construction contract design, project management assistance, or other needs associated with the Solid Waste Department, including but not limited to the Cefe Valenzuela Landfill, the J.C. Elliott Landfill, and the J.C. Elliott Transfer Station. AMEND. NO. 1 EXHIBIT "B" Page 1 of 2 - 2 - The total budget for the Solid Waste Department Technical Services MSA is $750,000.00 over a three year period. As mentioned previously, a Small AE contract in the amount of$37,499.00 has already been executed in order to provide continuity of services from the prior year Solid Waste On-Call services MSA. The remaining budget available for task orders under this proposed MSA will therefore be $712,501.00. The work awarded under this contract will be performed in accordance with Hanson's Rate Schedule attached hereto. This rate schedule is subject to revision in January of each year. Please give me a call if you have any questions or if I can provide any additional information. Sincerely, HANSON PROFESSIONAL SERVICES INC. _-� . A J mes P. MAessmore, P. . enior Vice President Enclosure cc: Lawrence Mikolajczyk, Director of Solid Waste Ivan Luna, Assistant Director of Solid Waste Luis Vargas, EIT, Engineering AMEND. NO. 1 EXHIBIT "B" Page 2 of 2 EXHIBIT C PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No.XXXX 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 $0.001 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.001 $1,250.001 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 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. EXHIBIT"C" If applicable, refer to the contract for information on what to include with time and materials(T&M). Pagel of 1 Master Services Agreement EXHIBIT D INSURANCE REQUIREMENTS Pre-Design, Design and General Consulting Contracts 1 .1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1 .3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1 .5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: Master Services Agreement City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1 .6.1 Provide thirty (30)calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Master Services Agreement EXHIBIT E EXCERPT FROM GENERAL CONDITIONS FOR CONSTRUCTION CONTRACT Master Services Agreement Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology.......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work..............................................................................10 Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions...................................................................................................................................................10 Article 6—Bonds and Insurance .................................................................................................................12 Article 7—Contractor's Responsibilities.....................................................................................................12 Article 8—Other Work at the Site...............................................................................................................12 Article 9—Owner's and OPT's Responsibilities...........................................................................................12 Article 10—OAR's and Designer's Status During Construction ..................................................................13 Article 11—Amending the Contract Documents; Changes in the Work ....................................................14 Article12—Claims.......................................................................................................................................14 Article 13—Cost of the Work; Allowances; Unit Price Work......................................................................14 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................14 Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period........................................14 Article 16—Suspension of Work and Termination.....................................................................................14 Article 17—Final Resolution of Disputes....................................................................................................14 Article18—Miscellaneous..........................................................................................................................14 Excerpt from Form 00 72 00 General Conditions- 1 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined,terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement -The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment-The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid -The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents -The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions-2 13. Change Proposal -A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim -A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern -Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products,wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents -Those items designated as Contract Documents in the Agreement. 20. Contract Price -The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions-3 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team -Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work-The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective -When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer-The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings -The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions-4 31. Indemnified Costs-All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations-Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens -Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification -Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award -The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer(the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR-The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees- Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Prosect Team or OPT-The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions-5 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project-The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR -The authorized representative of OPT assigned to assist OAR at the Site. As used herein,the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values-A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings -All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor-An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier-A manufacturer,fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data -Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions-6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities-All underground pipelines, conduits, ducts, cables,wires, manholes, vaults,tanks,tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products,telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work-The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or"calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions-7 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions-8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual/administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. Excerpt from Form 00 72 00 General Conditions-9 ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from Form 00 72 00 General Conditions- 10 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from Form 00 72 00 General Conditions- 11 ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws Excerpt from Form 00 72 00 General Conditions- 12 and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. Excerpt from Form 00 72 00 General Conditions- 13 B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual/administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual/ administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CLAIMS ARTICLE 13—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16—SUSPENSION OF WORK AND TERMINATION ARTICLE 17—FINAL RESOLUTION OF DISPUTES ARTICLE 18—MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions- 14 SC GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of July 31, 2018 1852 Action Item for the City Council Meeting of August 14, 2018 DATE: July 31, 2018 TO: Keith Selman, Interim City Manager FROM: Andres Leal, Jr., P.E., Director of Street Operations andel(a).cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Supply Agreement for Crushed Limestone for Street Operations CAPTION: Motion authorizing a three-year supply agreement with Vulcan Construction Materials, LLC of San Antonio, Texas, for the purchase of crushed limestone, for the total amount not to exceed $423,000.00. PURPOSE: This item is to approve the purchase of crushed limestone for Street Operations. BACKGROUND AND FINDINGS: The crushed limestone base will be used by participating departments as a subsurface foundation for street maintenance and repair. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received one bid; staff conducted a price comparison with a local vendor and has established that the bid submitted was fair and reasonable. Staff recommends award to Vulcan Construction Materials, LLC. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Street Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,068,181.00 $5,859,846.17 $9,518,697.70 Encumbered / $1,044,439.10 $0.00 $1,044,439.10 Expended Amount This item $23,500.00 $399,500.00 $423,000.00 BALANCE $1,000,241.90 $5,460,346.17 $6,460,588.07 Fund(s): Street Comments: The initial Contract term total is$423,000.00 for 36 months, of which $23,500.00 is funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement Purchasing Division City of Corpus Christi Bid Tabulation Bid No: 1655 Buyer: Cynthia Perez Crushed Limestone for Street Operations Vulcan Construction Materials San Antonio, Texas 3-YR- ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 1 Crushed Limestone Tons 18,000 1 $23.50 $423,000.00 TOTAL $423,000.00 4CP 8 _N SUPPLY AGREEMENT NO. 1655 Crushed Limestone for Street Operations 1852 THIS Crushed Limestone for Street Operations Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Vulcan Construction Materials,LLC ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Crushed Limestone for Street Operations in response to Request for Bid No. 1655 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits i and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Crushed Limestone for Street Operations in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 36 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Periods)"), provided, the parties do so in writing and prior to the expiration of the original 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 $423,000.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Peter Muniz Department: Street Operations Phone: (361) 826-1951 Email: petermu@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 301h annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the some extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the some extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Peter Muniz Title: Finance & Resource Manager Address: 2525 Hygeia St., Corpus Christi, Texas 78415 Phone: (361) 826-1951 Fax: (361) 826-1627 IF TO SUPPLIER: Vulcan Construction Materials, LLC Attn: Kevin Vaughn Title: Manager- Sales Services Address: P.O. Box 791550, San Antonio, Texas 78279 Phone: (210) 524-3577 Fax: (210) 524-3555 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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 Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law.This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 SUPPLIER Signature: Printed Name: n Volu Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1655 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 or 7 Approved as to Legal Form 12/15/17 Attachment A-Scope of Work 1.1 General Reauirements/8ackaround Information The Contractor shall provide crushed limestone to be used for repair and maintenance projects throughout the City as outlined in this Scope of Work. 1.2 Scope of Work The crushed limestone shall meet TXDOT Specification Item 247, Type A, Grade 1-2 of 2014 Standard Specifications for Construction of Highways, Streets and Bridges. 1.3 Delivery Instructions and Locations A. Materials shall be delivered as follows: 1. Staff will contact the supplier to schedule delivery dates. 2. Crushed Limestone shall be delivered to the City material yard located at 5352 Civitan Drive, Corpus Christi, TX 78415. 3. Supplier shall furnish a shipping/delivery ticket stating description and quantity delivered. 1.4 Contractor Quality Control and Su erintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Attachment B - Bid Pricing/Schedule muS c� � CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RPB No. 1655 Crushed Limestone for Street Operations Date: V C1E--4a V(R PAGE 1 OF 1 (�r� Authorized Bidder:�u�C , v-1-or, ;,ASLL(Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submlHing this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable govemmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responsive If the bid form Is modified. Item Description UNIT 3-Yr. Unit Price Total Price Qty- 1 .1 Crushed limestone Tons 181000oDD— Total I $ oD°= Attachment C- Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability 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 cancellation, non-renewal, material Damage change or termination required on all Per occurrence - aggregate 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 domiciled in Texas) Exhibit. Employer's Liability 500, /$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required Insurance, all Insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance"clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. it is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Delivery of Crushed Limestone for Repairs and Maintenance Projects 04/24/2018 sw Risk Management Valid Through 12/31/2018 Attachment D - Warranty Requirements No warranty requirements necessary for this supply agreement; Section 8. Warranty is null for this supply agreement. SC GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of July 31, 2018 1852 Action Item for the City Council Meeting of August 14, 2018 DATE: July 31, 2018 TO: Keith Selman, Interim City Manager FROM: Andres Leal, Jr., P.E., Director of Street Operations andel(a).cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 Supply Agreement for Cold Mix- Cold Laid Asphalt and Pre-Coated Aggregate for Street Operations CAPTION: Motion authorizing a three-year supply agreement with Vulcan Construction Materials, LLC of San Antonio, Texas, for the purchase of cold mix- cold laid asphalt and pre-coated aggregate, for the total amount not to exceed $2,087,700.00. PURPOSE: This item is to approve the purchase of cold mix-cold laid asphalt and pre-coated aggregate for Street Operations. BACKGROUND AND FINDINGS: Pre-coated aggregate is used with liquid asphalt binder to seal coat streets, which extends the life of the riding surface. Cold mix-cold laid asphalt is used to repair streets after utility cuts are made by the Utility Departments. The Street Department uses the material as an alternate patching material when regular hot mix asphalt is not available. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received one bid; staff conducted a price comparison with a local vendor and has established that the bid submitted was fair and reasonable. Staff recommends award to Vulcan Construction Materials, LLC. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Street Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $2,068,181 .00 $5,859,846.17 $7,928,027.17 Encumbered / Expended Amount $1,044,439.10 $0.00 $1 ,044,439.10 This item $115,983.33 $1 ,971 ,716.67 $2,087,700.00 BALANCE $907,758.57 $3,888,129.50 $4,795,888.07 Fund(s): Streets Comments: The initial Contract term total is $2,087,700.00 for 36 months, of which $115,983.33 is funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement Purchasing Division City of Corpus Christi Bid Tabulation Bid No: 1654 Buyer: Cynthia Perez Cold Mix-Cold Laid Asphalt and Pre-Coated Aggregate for Street Operations Vulcan Construction Materials San Antonio, Texas 3-YR- ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 1 Cold Mix Tons 24,000 $72.79 $1,746,960.00 2 Pre-Coated Aggregate Tons 6,000 $56.79 $340,740.00 TOTAL $2,087,700.00 V*u" SUPPLY AGREEMENT NO. 1654 Cold Mix - Cold Laid and Pre-Coated Aggregate for Street Operations THIS Cold Mix - Cold Laid Asphalt and Pre-Coated Aggregate for Street Operations Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Vulcan Construction Materials, LLC ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Cold Mix - Cold Laid Asphalt and Pre- Coated Aggregate for Street Operations in response to Request for Bid No. 1654 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Cold Mix - Cold Laid Asphalt and Pre-Coated Aggregate for Street Operations in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 36 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Periods)"), provided, the parties do so in writing and prior to the expiration of the original 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 $2,087,700.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Peter Muniz Department: Street Operations Phone: (361) 826-1951 Email: petermu@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. S. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the some extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Supply Agreement Standard Form Page 3 of 7 Approved as to legal Form 12/15/17 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: Peter Muniz Title: Finance & Resource Manager Address: 2525 Hygeia St., Corpus Christi, Texas 78415 Phone: (361) 826-1951 Fax: (361) 826-1627 IF TO SUPPLIER: Vulcan Construction Materials, LLC Attn: Oscar Benavides Title: Sales Manager Address: P.O. Box 791550, San Antonio, Texas 78279 Phone: (210) 524-3567 Fax: (210) 524-3555 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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 Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law.This Agreement is subject to all federal,State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 SUPPLIER 60 �� P Signature: Printed Name: �SLGJ` V• Titfe:. -- (1�1 Date• � 0�11�� CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1654 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to legal Form 12./15/17 Attachment A--Scope of Work 1.1 General Reauirements/Background Information The Contractor shall provide cold mix - cold laid asphalt and pre-coated aggregate to be used for repair and maintenance projects throughout the City as outlined in this Scope of Work. 1.2 Scope of Work A. The cold laid asphalt shall meet TXDOT Specification Item 330, Type B, Grade 1 of 2014 Standard Specifications for Construction of Highways, Streets and Bridges. B. The pre-coated aggregate for surface treatments shall meet TXDOT Specification Item 302, Type PE, Grades 3 and 4 pre-coated. 1.3 Delivery Instructions and Locations A. Materials shall be delivered as follows: 1. Staff will contact the supplier to schedule delivery dates. 2. Cold Mix - cold laid asphalt and pre-coated aggregate will be delivered to the City material yard located at 5352 Civitan, Corpus Christi, TX 78415. 3. Supplier shall furnish a shipping/delivery ticket stating description and quantity delivered. 1.4 Contractor Quallily Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Attachment B - Bid/Pricing Schedule s �tP CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1654 Cold Mix- Cold Laid Asphalt and Pre-Coated Aggregate Date: 11N\ PAGE 1 OF 1 `l 1 Authorized Bidder:�l�trM��� v�-s�,,m0.Ty�a�s�C Signature: 1. Refer to ~Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non- Responslve It the bid form Is modified. Item Description UNIT 3-Yr. Unit Price Total Price Q I Cold Mix-Cold Laid Asphalt, Item 330, T e B Tons 24,000 2 Pre-Coated Aggregate-Item c1 302, Grades 3 and 4, Pre-Coated Tons 6,000 � Total �� -1� Attachment C- insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises-Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) 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; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Delivery of Cold Mix Asphalt and Aggregate for City Wide Repair and Maintenance Projects 04/24/2018 sw Risk Management Valid Through 12/31/2018 Attachment D - Warranty Requirements No warranty requirements necessary for this supply agreement; Section 8. Warranty is null for this supply agreement. SC v AGENDA MEMORANDUM Nconp a Future item for the City Council Meeting of July 31 , 2018 1852 Action item for the City Council Meeting of August 14, 2018 DATE: July 31, 2018 TO: Keith Selman, Interim City Manager FROM: Bill Mahaffey, Director of Gas Operations Dan0047(a)cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2Ca-)cctexas.com (361) 826-3169 Hot Tap Fittings Supply Agreement CAPTION: Motion authorizing a three-year supply agreement with M.T. Deason Company Inc, of Birmingham, Alabama, for the purchase of hot tap fittings for a total amount not to exceed $249,721.80. PURPOSE: This is a motion to approve a supply agreement for hot tap fittings. BACKGROUND AND FINDINGS: The hot tap fittings are stocked by the warehouse and used by Gas departments within the City. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received one bid; staff conducted a price comparison with another vendor and has established that the bid submitted was fair and reasonable. Staff recommends award to M.T. Deason Company Inc. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $3,392,701 .08 $235,848.37 $3,628,549.45 Encumbered / Expended Amount $ 2,349,053.77 $0 $2,349,053.77 This item $ 13,873.43 $235,848.37 $249,721.80 BALANCE $1,029,773.88 $0 $1,029,773.88 Fund(s): Stores Comments: The initial contract term total is $249,721 .80 for three years, of which $13,873.43 is funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi jBi Ta u ation Purchasing Division RFB 1717 Hot Ta Fittings BUYER:JAPAN SHAH Stores M.T.Deason Company Item Description Unit Qty jLrlY Rate Total Price 1 2"Welding Fitting EA 120 $ 72.64 $ 8,716.80 2 4"Welding Fitting EA 60 $ 373.50 $ 22,410.00 3 6"Welding Fitting EA 60 $ 573.75 $ 34,425.00 4 8"Welding Fitting EA 30 $ 1,119.00 $ 33,570.00 5 2"3 Way Tee Fitting EA 120 $ 128.25 $ 15,390.00 6 4"3W2Tee Fittin EA 60 521.25 31 275.00 7 '3 Way Tee Fittin EA 60 S 1,022.25 61 335.00 8 8"3 Way Tee Fitting EA 30 S 1,420.00 $ 42,600.00 $ 249,721.80 0 0 SUPPLY AGREEMENT NO. 1717 Hot Tap fittings ,yaFA0W0. xss� THIS Hot Tap Fittings Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and M.T.Deason Company Inc ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Hot Tap Fittings in response to Request for Bid No. 1717 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Hot Tap Fittings in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 36 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Periods)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $249,721 .80, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Robert Presnell Department: Materials Management Department Phone:(361)-826-1750 Email: RobertPr@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. S. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 301h annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 1 i faxed or✓land-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Robert Presnell Title: Stores Supervisor Address: 5352 Ayesr Street, Bldg # 6, Corpus Christi, Texas 78415 Phone: (361)-826-1750 Fax: (361)-826-1690 IF TO SUPPLIER: M.T.Deason Company Inc Attn: Nan R.Mclean Title: Vice President Address: 2820 Commerce Blvd, Birmingham, Alabama 35210 Phone: (205)-956-2266 Ext 106 Fax: (205)-956-1911 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 i 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 SUPPLIER M. T. Deason Company, Signature: Printed Name: Nan R. McLean Title: Vice President of Marketing Date: Jul -18, 2018 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Atfachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. 1717 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 o _fir ATTACHMENT A: SCOPE OF WORK V MC RppPG��n Fn^ p.]P 1.1 General Requirements/Background Information A. The Supplier shall provide 3-Way Tee Fittings and Welding Fittings as outlined in this scope of work. The fittings are used by the Gas Department for hot tapping operations. These fittings will be using to restock City's Warehouse. B. The Supplier will cross reference the City's stock number. The supplier must not change the stock number assigned to each item for the duration of contract. 1.2 Fittings Specifications The specifications are outlined below. Fittings Specification 2" Welding Fitting Complete with Cap: Malleable Iron, Plug: C 1213 CF Steel, Nipple: A106 GR B SMLS Steel Pipe, O-Ring: Buna-N 4" Welding Fitting Complete with Nipple: A106 GRB SMLS Steel Pipe, O-Ring: Buna-N, cover flanges with bolts, gasket and plastic caplugs, completion plug, O-ring and flanged nipple 6" Welding Fittings Complete with Nipple: A106 GRB SMLS Steel Pipe, O-Ring: Buna-N, cover flanges with bolts, gasket and plastic caplugs, completion plug, O-ring and flanged nipple 8" Welding fittings Complete with Nipple: A106 GRB SMLS Steel Pipe, O-Ring: Buna-N, cover flanges with bolts, gasket and plastic caplugs, completion plug, O-ring and flanged nipple 2" Threaded 3-way Tee forged ASTM A-105, Class 150 Complete with Cap, completion plug, O-ring and Tee 4" Flanged 3-way Tee either fabricate from ASTM A-106 Grade B or ASTM A- 234 Grade WPB Steel, Class 150 Complete with Cover flange with gasket, bolts and plastic caplugs, completion plug, O-ring and tee. 6" flanged 3-way Tee either fabricate from ASTM A-]06 Grade B or ASTM A- 234 Grade WPB Steel, Class 150 Page 1 of 2 Complete with Cover flange with gasket, bolts and plastic caplugs, completion plug, O-ring and tee. 8" Flanged 3-way Tee either fabricate from ASTM A-106 Grade 8 or ASTM A- 234 Grade WPB Steel, Class 150 Complete with Cover flange with gasket, bolts and plastic caplugs, completion plug, O-ring and tee. 1.3 Contractor Quality Control and Superintendence A. All fittings must be defect free, properly packed, and shipped to ensure a safe delivery. 1.4 Delivery A. City will place an order on as needed basis. B. Supplier shall ship the materials within 2 to 3 weeks' of received order to the City Warehouse, located at 5352 Ayers St. Building 6, Corpus Christi, Texas 78415. C. All contract prices are F.O.B destination - City of Corpus Christi Facility, freight prepaid. D. Supplier must send Technical data sheet along with the delivery of the material. City will not accept the products that do not conform specifications. E. If any items found defective, unusable or inoperable to the condition, Supplier shall arrange return shipment or shipping charge will be reimbursed from the invoice. 1.5 Cancellation A. Suppliers understands and agrees that the City may, at its discretion, cancel any backorders due to the Supplier's inability to deliver the product within the set time frame. B. Cancellation shall be in writing and sent to Suppliers by email, fax or mail. C. No restocking fee or payment of any kind shall be owed for orders cancelled due to Supplier's inability to meet the deadline delivery date. Page 2 of 2 Attachment B: Bid/Pricing Schedule � vs CITY OF CORPUS CHRISTI ° BID FORM t PURCHASING DIVISION RFB No. 1717 Hot Tap fittings PAGE 1 OF 1 Date: .Tune 26, 2018 Authorized ~ Bidder: M. T. Deason Company, Inc. Signature: Nan k. McLean, -Vi'C4 President 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in goad standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item City Description UNIT QTY Unit Total Price Stock 3 Year Price No 1 3802 2" Welding Fitting EA 120 72.64 8,716,80 2 3803 4" Welding Fitting EA 60 373.50 22,410.Oo 3 3804 6" Welding Fitting EA 60 573. 75 34,425.00 4 3805 8" Welding Fitting EA 30 1, 119.00 33,570.00 5 3806 2" 3 - Way Tee Fitting EA 120 128.25 15,390.00 6 3807 4" 3- Way Tee Fitting EA 60 521.25 31,275.00 7 3808 6" 3- Way Tee Fitting EA 60 1,022.25 61,335.00 8 3809 8" 3- Way Tee Fitting EA 30 1,420.00 42,600.00 Total 249,721.80 Page 1 of 1 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability policy by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property cancellation, non-renewal, material Damage change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $1,000,000 Aggregate 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 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. Page 1 of 3 i 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 of 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 Page 2 of 3 `i suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing - Gas Dept. Order and Delivery of 3-Way Tee Fittings and Welding Fittings 05/11/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 AC ,Ro o® CERTIFICATE OF LIABILITY INSURANCE DATE ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL.INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MCGRIPF,SEIBELS&WILLIAMS,INC. NAME: P.O.Box 10265 AlCNNo Ext:8O0 476-2211 AIC No): Birmingham,AL 35202 E-MAIL ADDRESS: INSURERIS AFFORDING COVERAGE NAIC q INSURER A:The Travelers I ndemnity Company of Amenca 25666 INSURED INSURERS:Sentry Insufance Group M.T.Reason Co.,Inc.;MTD Manufacturing,Inc.;Deason Family Partnership 2820 Commerce Boulevard INSURER C:Midwest Employers Casualty Co./ASIWCF Irondale,AL 35210 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:LA2V84UT REVISION NUMBER: THIS IS 70 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS#ONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tN$R TypB OF INSURANCE DD UBR POLICY EFF POLICY EXP LIMITS LTR N D POLICY NUMBER MMIDDIYYYY MMIDDNM A X COMMERCIAL GENERAL LIABILITY 6301 G92767ATIA17 09/0112017 09/01/2016 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR PREMISES Ea oG D nce $ 300,000 MED EXP(Any one person) $ 10,000 E PERSONAL RADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- LOC PRODUCTS-COMPIOP AGG $ 2,000,000 JECT OTHER: $ A AUTOMOBILE LIABILITY I BA1G94902217 AG 0910112017 09101!2018 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANY AUTO I f BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS pp BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per aWdent $ P Com p Ded$1000 $ Coll Ded$1000 UMBRELLA LJAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ 8 WORKERS COMPENSATION Member N332400 01/01/2018 01/01/2019 X PER OEH- C AND EMPLOYERS'LIABILITY YIN POAL129001(AL) STATUTE ANY PROPMETOR/PARTNERIEXECUTIVE90531170100181(AOS) I E.L.EACH ACCIDENT $ 1,000,000 DED? OFFICERIMEMBER EXCLU � N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 161,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Corpus Christi ATTN: Risk Manager AUTHORIZED REPRESENTATIVE P.O. Box 9277 Corpus Christi,TX 78469-9277 Page 1 of 1 p 1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD i ATTACHMENT D: WARRANTY REQUIREMENTS A. All fittings must be defect free, properly packed, and shipped to ensure a safe delivery. B. If any items found defective, unusable or inoperable to the condition, Supplier shall arrange return shipment or shipping charge will be reimbursed from the invoice. Page 1 of 1 se o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of July 31, 2018 `1852EAction Item for the City Council Meeting of August 14, 2018 DATE: July 31, 2018 TO: Keith Selman, Interim City Manager FROM: Lawrence Mikolajczyk., Director of Solid Waste Operations lawm(a�cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(acctexas.com (361) 826-3169 Service Agreement for Brush Grinding for Solid Waste Operations CAPTION: Motion authorizing a four-year service agreement with Austin Wood Recycling, of Cedar Park, Texas for brush grinding services for a total amount not to exceed $345,000.00. PURPOSE: This service agreement will be utilized by the Solid Waste Department to properly dispose of brush collected throughout the City. BACKGROUND AND FINDINGS: The Contractor will provide brush grinding services and is responsible for furnishing all equipment, material and labor to satisfactorily dispose of the material. The type of brush to be grinded is a wide range of oak, palm trees, mesquite and vegetation that comes from city residents. 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 is recommending the award to the lowest, responsive, responsible bidder, Austin Wood Recycling of Cedar Park, Texas. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $286,577.57 $330,625.00 $617,202.57 Encumbered / Expended Amount $256,427.71 $0.00 $256,427.71 This item $14,375.00 $330,625.00 $345,000.00 BALANCE $15,774.86 $0.00 $15,774.86 Fund(s): Solid Waste Operations Comments: The initial contract term total is $345,000.00 for 48 months, of which $14,375.00 will be funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement CITY OF CORPUS CHRISTI BID TABULATION -RFB 1730 PURCHASING DIVISION Brush Grinding for Solid Waste Operations BUYER:Cynthia Perez Supplier Supplier Supplier Austin Wood Recycling Camo Farm,Inc. TFR Enterprises,Inc. Unit Extended Unit Extended Unit Extended 4-YR- Item Description Qty Unit Price Price Price Price Price Price Brush Grinding Cubic 1 Service 300,000 Yards $ 1.150 $345,000.00 $1.240 $ 372,000.00 $ 1.870 $ 561,000.00 TOTAL: $345,000.00 $372,000.00 $561,000.00 �S C� SERVICE AGREEMENT NO. 1730 M xea2 Brush Grinding for Solid Waste Operations THIS Brush Grinding for Solid Waste Operations Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Austin Wood Recycling ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Brush Grinding for Solid Waste Operations in response to Request for Bid/Proposal No. 1730 ("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 Brush Grinding for Solid Waste Operations ("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 48 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 $345,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this 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: Tony Benavides Department: Solid Waste Operations Phone: (361) 826-8034 Email:TonyB@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence,the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually,is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the some 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 some 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 some. 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: Tony Benavides Title: Interim Assistant Director Address: 2397 County Road 20, Robstown,Texas 78380 Phone: (361) 826-8034 Fax: (361) 826-1971 IF TO CONTRACTOR: Austin Wood Recycling Attn: Jerome Alder Title: President Address: 3875 E. Whitestone Blvd., Cedar Park, Texas 78613 Phone; (512) 259-7430 Fax: (512) 259-6482 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:- y-yV%4C Mcl e y- Title: &Si J evu Date: fo 2612v1 CITY OF CORPUS CHRIST[ Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1730 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A-Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide brush grinding services for Solid Waste Operations as outlined in this Scope of Work. 1.2 Scope of Work 1. The Contractor will grind city brush. 2. The Contractor shall use 5"x 7"screens with 3"squares. 3. The brush shall not exceed 6" in length for not less than 95%of the contents of the final product. 4. The incidental waste shall be stock-piled, and the Landfill Staff will dispose of it. 5. The Contractor and the Landfill Management will both measure the amount of brush tasked for the grind. Each party will calculate the amount measured. Both parties will meet to reach a consensus on the proposed volume of brush to be grinded. 6. The Contractor will be contacted periodically by City Staff when services are needed. The Contractor will have 14 calendar days to complete the task. 1.3 Other instructions and locations 1. Hours of operation are Monday through Saturday from 7am to 6 pm. 2. Elliott landfill — 7001 Ayers Corpus Christi, Texas 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. BlidlPrIcIng Schedule �s CITY OF CORPUS CHRISTI BID FORM `12 RFB No. 1730 Brush Grinding for Solid Waste Operations Date: 25 2D1 PAGE 1 Authorized Bidder: A V1 yvASignature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipl and review of all addenda for this RFB. 4. Bidders must not wrlte over or revise the bid form. Bidders will be considered Non- Responsive If the bid form is modified. Item Description UNIT 4-YR Unit Price Total Price QTY 1 Brushed Grinding Service Cublc Yards 300,000 $ 1, i S $34! coo,JX Page 20 of 21 RFB Template Revised 04.28.17 Attachment C- Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and 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 cancellation, non-renewal, material Damage change or termination required on all Per occurrence- aggregate 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 It (All States Endorsement if Company is of this not domiciled in Texas) Exhibit. Employer's Liability 0/$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 fess than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Brush Grinding Service 05/14/2018 sw Risk Management Valid Through 12/31/2018 ATTACHMENT D - WARRANTY REQUIREMENTS No warranty requirements necessary for this service agreement; Section 8. Warranty is null for this service agreement. se o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 14, 2018 "`O""°p"`E1852 Action Item for the Cit Council Meeting of August 21, 2018 DATE: July 9, 2018 TO: Keith Selman, Interim City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtaq Ca)cctexas.com 361-826-3850 Resolution requesting the Texas General Land Office (GLO) to allocate a portion of federal GOMESA funds to coastal cities. CAPTION: Resolution of the City of Corpus Christi, Texas requesting that the State of Texas and the Texas General Land Office annually set aside a portion of the State Gulf of Mexico Energy Security Act (GOMESA) funds for Texas coastal cities and continue to fully fund the Coastal Erosion Protection Response Act (CEPRA) program with state revenues. PURPOSE: The City, in partnership with its fellow members of the Texas Chapter of the American Beach and Shore Preservation Association (ASBPA), want the Texas General Land Office to re- allocate a portion of the funds it receives from GOMESA to Texas coastal cities in the same amount allocated to Texas coastal counties. From the $40.5 million that Texas will receive in GOMESA funds, TxASBPA requested the GLO to allocate $10.1 million to the Texas coastal cities, reducing the amount allocated to the State of Texas to $30.4 million. The counties will still receive their$10.1 million. The proposed Resolution requests that the State set aside an amount equal to the annual county share ($10.1 M in FY17) but reserved that for cities that have State-mandated coastal responsibilities under the Dune Protection Act (DPA), Open Beaches Act (OBA), Coastal Management Program (CMP), and Coastal Erosion Protection and Response Act (CEPRA). The counties will still receive its funds and will not have to distribute any to the cities. BACKGROUND AND FINDINGS: The City of Corpus Christi is a member of the Texas Chapter of the American Shore and Beach Preservation Association (ASBPA), which was founded in 1926 by individuals who recognized the need for an organized effort to combat erosion, a serious problem in many coastal areas. The Texas Chapter of ASBPA was formed in 2005 and is dedicated to preserving, protecting and enhancing the beaches, shores and other coastal resources of Texas. Under the Federal Gulf of Mexico Energy Security Act (GOMESA), five Gulf of Mexico states -- Texas, Florida, Alabama, Mississippi and Louisiana — and the counties or parishes bordering the Gulf of Mexico receive a guaranteed, direct annual federal payout of royalties from offshore oil and gas development in federal waters of the Gulf. In Texas, GOMESA funds are administered by the General Land Office (GLO) and can be used for a variety of coastal projects and there is no federal match requirement for GOMESA funds. GOMESA royalty sharing payments have at times been substantial and at other times almost unnoticeable. The revenue share is a function of oil and gas production, state and county population, miles of shoreline, and the distance from the lease sites to the receiving government entity. Under the 2006 federal law, GOMESA Phase I I took effect in FY 2017. Phase I I substantially increases the royalty revenue payments available to the State and Texas coastal counties. Unfortunately, there is no set aside of GOMESA funds for cities and that is the issue the resolution seeks to address. Under Phase 11 the State of Texas for 2017 receive $40.5 million from the Federal Government of a maximum annual cap of$100 million, which as mentioned above that the GLO will handle, and the Texas coastal counties will receive $10.1 million, which comes directly from the Federal Government. The level of state and county payouts will change year-to-year but are guaranteed through 2055. No legislative action is required to accomplish this request, only administrative action from the administering state agency—the GLO. ALTERNATIVES: The City could: (1) adopt the resolution, (2) not adopt the resolution or (3) take no action. OTHER CONSIDERATIONS: The City of Port Aransas adopted the resolution on June 21, 2018. Other entities which have adopted the resolution include the City of South Padre Island and the Galveston Parks Board. Both the City of Galveston and Galveston County are considering the resolution in the future. CONFORMITY TO CITY POLICY: GOMESA funds could assist with statutory responsibilities under the Dune Protection Act, the Open Beaches Act, the Coastal Management Plan, and the Coastal Erosion Planning and Response Act. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation FINANCIAL IMPACT: ❑ 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: RECOMMENDATION: Staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS REQUESTING THAT THE STATE OF TEXAS AND THE TEXAS GENERAL LAND OFFICE ANNUALLY SET ASIDE A PORTION OF THE STATE GULF OF MEXICO ENERGY SECURITY ACT (GOMESA) FUNDS FOR TEXAS COASTAL CITIES AND CONTINUE TO FULLY FUND THE COASTAL EROSION PROTECTION RESPONSE ACT (LEPRA) PROGRAM WITH STATE REVENUES. WHEREAS, the Texas coast and its diverse economy provide significant economic, recreational, and spiritual benefits to the all people of Texas and state investment in the coastal region is critical to the future of this great state; and WHEREAS,Texas barrier islands are experiencing significant erosion and storms,wetlands degradation, and habitat loss which threatens public beach access, reduces tourism, drives down state and local tax revenues, and damages public and private infrastructure; and WHEREAS,the Texas coast is threatened by increasingly intense storms, putting our coastal communities and businesses at greater risk of damage and flooding; and WHEREAS, the federal Gulf of Mexico Energy Security Act(GOMESA) of 2006 instituted a royalty revenue-sharing program derived from federal offshore oil and gas activities to the direct benefit of the state of Texas and Texas coastal counties; and WHEREAS, the GOMESA Phase II payment to the State of Texas for FY 2017 is approximately $40.5 million and payments to the State will continue annually to the year 2055, with the maximum state payment of$100 million per year; and WHEREAS, the guaranteed cumulative GOMESA Phase II payments to Texas coastal counties for FY 2017 is approximately $10.1 million and the county payments will continue annually to the year 2055; and WHEREAS,federal GOMESA provisions unjustly exclude Texas coastal cities from any direct payment, defining"political subdivision"to mean, `the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs; and WHEREAS, certain coastal cities of Texas are responsible for compliance with and/or implementation of the Texas Open Beaches Act of 1959, the Dune Protection Act, and Coastal Erosion Planning and Response Act(CEPRA); and WHEREAS,funding support for Texas coastal cities to meet State-mandated coastal program responsibilities is inadequate, creating financial stress and hardships on these cities; and WHEREAS, State GOMESA funds administered through the General Land Office are suitable for and critical to carrying out state-mandated programs for Texas coastal cities within the Coastal Management Program boundary; and WHEREAS, the set-aside of State GOMESA funds for Texas coastal cities would protect and benefit coastal counties who can then use their annual GOMESA funds for county priorities without competing financial demand from coastal cities. NOW THEREFORE; BE IT RESOLVED BY THE TEXAS CHAPTER OF THE AMERICAN SHORE AND BEACH PRESERVATION ASSOCIATION: I. That the State of Texas and the Texas General Land Office should set aside for Texas coastal cities each year a cumulative amount of funds from the State's annual GOMESA payment equal to the total annual GOMESA revenues awarded to all Texas coastal counties; and 2. That the set-aside of State GOMESA revenues for Texas coastal cities be distributed on a fair and reasonable basis to Texas coastal cities or entities such as a park board with direct responsibility to implement CEPRA, the Dune Protection Act, and/or the Texas Open Beaches Act; and 3. That the Texas General Land Office and Texas Legislature should seek to fully fund CEPRA or other existing State-created coastal programs with State revenues rather than shifting federal GOMESA funds to these programs; and 4. That Texas General Land Office support and be consistent with federal GOMESA laws and regulations allowing city and county GOMESA funds to be used as match for other federal grant programs. PASSED AND APPROVED this Twenty first(21St) day of August, 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas On the Twenty first(21s') of August, 2018. The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guaj ardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Approved As To Form: Lisa Aguilar Senior Assistant City Attorney SC AGENDA MEMORANDUM Cqq PO PFuture Item for the City Council Meeting of July 31, 2018 hPSE 1852 Action Item for the City Council Meeting of August 14, 2018 DATE: July 31, 2018 TO: Keith Selman, Interim City Manager FROM: Constance Sanchez, Director of Finance Constance P(o).cctexas.com (361) 826-3227 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 132(acctexas.com (361) 826-3169 Utility Bill Printing, Mailing, and Insert Printing Services for One-Year Not to Exceed Amount $886,886.48, with Four One-Year Options for a Total Potential Multi-year Amount of up to $4,434,432.40 CAPTION: Motion approving a one-year service agreement for utility bill printing, mailing, and insert printing services with Information Management Solutions, L.L.C. of San Antonio, Texas for an estimated expenditure of $886,886.48, with four one-year options for a total potential multi-year amount of$4,434,432.40. PURPOSE: This motion is to approve a service agreement for utility bill printing, mailing, and insert printing services for the Utility Billing Office. BACKGROUND AND FINDINGS: The Utility Billing Office uses a contractor for printing, folding, processing, and mailing of the City's utility bills, delinquent notices, and inserts. The Contractor will efficiently process the bills and notices to obtain the best possible postage rate for the City. The Utility Billing Office staff will have access to retrieve archived documents stored electronically by the Contractor. The Utility Billing Office plans to work with the awarded contractor on a new design of the utility bill and delinquent notices. The current contract will expire in September. The Purchasing Division conducted a competitive Request for Proposal to obtain proposals from qualified firms to provide Utility Bill Printing, Mailing, and Insert Printing Services. Nine proposals were received and were evaluated under a pass/fail system. Then the qualifying firm was evaluated and scored according to the firm's experience and understanding of the scope of work according to the published point system as outlined in the RFP. The Proposers were also interviewed and scored based on the same published criteria, and a final score was developed. City staff recommends the award to Information Management Solutions, L.L.C., as they are determined to be the overall Best Value to the City. ALTERNATIVES: N/A OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $714,145.37 $886,886.48 $1 ,601,031 .85 Encumbered / Expended Amount $71,704.13 $0.00 $71,704.13 This item $0.00 $886,886.48 $886,886.48 BALANCE $642,441.24 $0.00 $642,441.24 Fund(s): 4010 - Water Comments: The contract term will start in FY2018-2019, the contract value will be budgeted in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement 1578 — Utility Bill Printing, Mailing, and Insert Printing Services RFP 1578 — Evaluation Matrix Summary SC 0 > SERVICE AGREEMENT NO. 1578 U Utility Bill Printing, Mailing, and Insert Printing Services bO RPOR Af 1852 THIS Utility Bill Printing, Mailing, and Insert Printing Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Information Management Solutions, L.L.C. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Utility Bill Printing, Mailing, and Insert Printing Services in response to Request for Bid/Proposal No. 1578 ("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 Utility Bill Printing, Mailing, and Insert Printing 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 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to four additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $886,886.48, 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: Margaret Morin Department: Finance Department, Utility Business Office Phone: (361 ) 826-3628 Email: MargaretP@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Margaret Morin Title: Utility Business Office Manager Address: 1201 Leopard Street, l It Floor, Corpus Christi, TX 78401 Phone: (361 ) 826-3628 Fax: (361 ) 826-3174 IF TO CONTRACTOR: Information Management Solutions, L.L.C. Attn: T. Kelly Dowe Title: Vice President Address: 2416 Brockton St. #105, San Antonio, TX 78217 Phone: (210) 826-4994 Fax: (210) 826-2676 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 QQ,, Signature: Printed Name: Thomas Kelly Dowe Title: Vice President Date: July 19, 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. 1578 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 1. General Requirements A. The Contractor is responsible for receiving and processing a daily data file transfer, printing, and folding of bills and inserts, envelope inserting, presorting, metering, and mailing. Inserts are to be printed directly from industry-standard electronic files (e.g., Adobe, Photoshop, Illustrator, InDesign, PDF) on uncoated or coated paper and are mailed with utility bills. B. Daily production averages approximately 116,025 monthly bills and 20,845 delinquency monthly bills. A billing schedule will be provided to the Contractor monthly, which includes but not limited to delinquent notices, E-Bills and cancel/rebills. Currently, there are 20 billing cycles and 20 delinquent notice cycles generated daily based upon due date. C. The Contractor shall provide a high quality, accurate and timely printed bill for the City's utility customers. D. The Contractor shall obtain the lowest possible postage costs throughout the contract term. The Contractor shall provide USPS CASS (US Postal Service Coding Accuracy Support System) certification and correcting of zip code and delivery information as necessary prior to printing. Vendor will assume liability of any penalties assessed for any erroneous bar coding. 2. Scope of Work A. General Services 1 . The City of Corpus Christi will provide data to the Contractor. 2. The Contractor shall provide security of information and supervision from start to finish. 3. The Contractor shall house envelopes in a climate-controlled environment 4. The Contractor shall accept electronic data transmissions 24/7. 5. The Contractor shall perform custom programming, to modify the bill format as requested. 6. The Contractor shall have an emergency backup plan to avoid out-of-service situations. 7. The Contractor shall provide a web service or a type of Application Program Interface to allow for the extraction of statements for automation purposes and displaying content line. This web service or Application Program Interface shall provide methods to pull individuals statements by bill date and account number and should allow for the statements to be returned to the client "City of Corpus Christi" in a file or provide a URL to the statement online. Minimally, 12 months of Page 1 of 5 statement data should be available via this web service or Application Program Interface. B. Daily Transmission of Electronic Data 1 . XML files will be provided by the City. 2. Contractor shall provide a secure electronic means for file transmission. 3. The Contractor shall confirm receipt of the file daily by return email to the person transmitting the file when the file is received. 4. Contractor shall provide a report daily when the file has been processed for printing. Report will include billing cycles, number of pulled bills, and account classes. Also included in the report shall be the amount of postage charges for the billing including number of pieces of mail and postage rate classes. Parameters may be subject to change. 5. Data may be transmitted by the City in multiple files throughout the day. Files received by the Contractor prior to noon, local time, should be processed and mailed the same day. C. Bill Formatting The Contractor will provide the following information on each bill: 1 . Pro-rated amounts for items such as new rates, partial months, etc. 2. A defined graph to indicate usage in thousands of gallons/millions to reflect for water services and unit of measurement for gas services, in the form of MCF (thousands of cubic feet), and irrigation in thousands of gallons. 3. Any payment plan amounts and disputed bill amounts. 4. A designation of current bill, final bill, corrected bill and notice of delinquency. 5. A message center notification area. Messaging will be provided via email with direct text or attachment containing message. 6. The top portion of bill shall be for customer retention and shall contain billing information. 7. The bottom shall be perforated to produce a return stub to be returned by customer with payment. 8. Postal bar codes and OCR A scan line is required. 9. Change of statement notice and delinquency notice design, maximum of two per year. Page 2 of 5 D. Envelope Requirements The Contractor will provide the following envelopes: 1 . Mail out envelopes. The envelopes that will be used to mail the bills. These envelopes must include the City logo and a return address and envelope must be windowed. 2. The ancillary endorsement "Return Service Requested" option will be mandated. The process communicates to the USPS the City of Corpus Christ expects the USPS to return any mail pieces that require an address change with the new address information applied to the mail piece. This allows for City of Corpus Christi to apply the change to their address in the database and re- process the account. 3. Return envelopes. Return envelopes are included inside the mail out envelope with the bill to allow customers to return payments. Return envelopes must be #8 5/8 windowed envelopes. Envelope will also have a "don't forget" message printed on the backside of the envelope and a sample of this language will be provided by the City. The glue on the envelope flap must extend from end to end of the closure flap for proper sealing. 4. Bulk envelopes. Bulk envelopes are used to mail bills to customers such as apartment complexes who have multiple accounts going to the same address in a single envelope. E. A1212roval of Forms and Envelope Orders 1 . The City will approve print stock and envelopes. Any changes during the contract will require Contract Administrator approval. 2. Bill proofs shall be provided to the Contract Administrator for approval prior to first printing and at any time a change in format is made. 3. All artwork remains the property of the City of Corpus Christi. F. Data Processing and Mail Preparation 1 . The Contractor shall selectively exclude bill types from printing (PULL BILLS, EBILL, CITY, PARK AND STATE USE) and others identified in the file. 2. The Contractor must have or obtain within 90 days Coding Accuracy Support System (CASS) certification to ensure lowest possible postage costs. 3. Bills going to same mailing address are to be inserted up to three into the standard mail-out envelope or four or greater for stuffing into one bulk envelope. 4. All outgoing mail shall conform to postal requirements for automated processing. 5. Provide the ability for the City to pull bills and delinquent notices, no later than noon, local time, if needed. Page 3 of 5 6. Have designated bills, but not limited to, all pulled statements, cancel/rebill statements, and final statement sent directly to the City before 3:00 PM, instead of being mailed to the individual customers. G. Bill Printinq 1 . Contractor shall utilize high quality print, with a minimum of two colors, preferred color teal/black to be used, and double sided capability. 2. Contractor shall use a minimum of 20-pound bond paper for bills and inserts. 3. No postcards will be utilized for billing purposes. H. Insert Printinq The Contractor shall either receive Pre-Printed Inserts from the city of Corpus Christi for processing with the monthly billing statements to be mailed or as an option to the City departments, the contractor will receive an electronic version of monthly inserts to be printed and processed with the monthly billing statements to be mailed. 1 . If processing pre-printed inserts from the City of Corpus Christi, the contractor shall fold and insert the pre-printed insert to fit mail out or bulk envelope as appropriate. 2. When Contractor is requested to print inserts for the City, Contractor must be able to provide a one or two sided insert, with up to four color imprint options printing on the front and back of the insert. Inserts shall be folded to fit mail out or bulk envelope, as appropriate. It, the Contractor prints the inserts, the processing fee shall be included in the printing cost and shall be waived. Insert sizes will vary between: • Small - 8'/2" x 3'/2" • Medium - 8'/2 x 5'/2" • Large - 8'/2x 11 " I. Utility Bill Folding and Inserting 1 . Contractor shall fold statement to fit mail out or bulk envelope, as appropriate. 2. Contractor's equipment must have multiple page and selective inserting capabilities. 3. Typical bills include the statement, a return envelope, and up to three additional inserts. J. Mailinq 1 . The Contractor shall process and mail bills received by noon, local time, from the City the same day they are received. 2. The City of Corpus Christi will provide a monthly postage check to be held by the Contractor in a postage on hand account and drawn from as needed. The Contractor will obtain the best possible postage rates for bulk mailing. Page 4 of 5 3. Contractor shall provide a postage usage report monthly. Usage information will be utilized by the City of Corpus Christi to adjust the monthly postage check amount as needed. If at the end of the contract a credit balance is realized, the City should be reimbursed within 30 business days. 4. Contractor must provide document tracking for all statements. K. Access to Electronic Bill and Notice Images 1 . Contractor shall provide access for City staff via password secured internet site to exact replicas of customer bills in PDF format for a period of 12 months. 2. Contractor shall provide search capability based on account number, date and date range and bill number. 3. Contractor shall have capability to email bill image from the Contractor's site. 4. Contractor shall provide PDF image of each statement processed after mailing is completed. L. Invoicing 1 . Contractor shall invoice monthly. Invoicing must include itemized postage for number daily mail outs and daily postage rates. 2. The Contractor shall only invoice for work completed. 3. The Contractor shall itemize the services provided in accordance with the contract price sheet. 4. The Contractor shall list the number of bills printed for the period on the invoice. M. Warranty The Contractor is responsible for all costs associated with errant printing and mailing of bills that are at no fault of the City. 3. Post Award A. Timeline and Implementation 1 . Contractor will work with the Contract Administrator to coordinate between the City of Corpus Christi Utility Billing Office (UBO) staff members for all development, formatting bill, XML mapping, testing, to ensure the bill format is approved by the Contract Administrator. 2. The Contractor shall complete a full implementation within 45 days, upon final award of the contract. Page 5 of 5 use Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI 0 Revised Pricing Form 05/09/2018 PURCHASING DIVISION RFP No. 1578 "c185`TO Utility Bill Printing, Mailing, and Insert Printing Services PAGE 1 OF 1 DATE: May 21, 2018 Information Management Solutions, LLC PROPOSER AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ESTIMATED UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE 1.0 Implementation 1 LS $0.000 $ 0.00 2.0 Printing and mailing of statements and 1,643,000 EA $0.119 $ 195,517.00 notices 3.0 Printing and Processing of Small Inserts up 913,188 EA $0.018 $ 16,437.38 to four colors 4.0 Printing and Processing of Medium Inserts 913,188 EA $0.027 $ 24,656.08 up to four colors 5.0 Printing and Processing of Large Inserts up 913,188 EA $0.032 $ 29,222.02 to four colors 6.0 City Supplied Pre-Printed Insert Processing 913,188 EA $0.000 $ 0.00 Fee 7.0 Postage price per mailing 1,643,000 EA $0.378 $621,054.00 8.0 Statement and Delinquency Notice 2 EA $0.000 $ 0.00 Design Change (2 per year Maximum) GRAND TOTAL $ $886,886.48 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property cancellation, non-renewal, material Damage change or termination required on all Per occurrence - aggregate 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 Attachment. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 ERRORS & OMMISSIONS $1 ,000,000 Per Occurrence $2,000,000 Aggregate CYBER LIABILITY $1 ,000,000 Per Occurrence $2,000,000 Aggregate Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Page 2 of 3 Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing - UBO Customer Utility Billing Services 03/27/2018 sw Risk Management Bonds are not required for this service. Page 3 of 3 Attachment D: Warranty Section 8. Warranty of this service agreement is null; warranty is not required. Page 1 of 1 RFP No.1578-Utility Bill Printing,Mailing and Insert Printing Services Sr.Buyer-Roberia Ortiz IMS- Formmaker QuesiMark Information CSG Systems, The Master's Municipal Code Pinnacle Data Information Proposal Evaluation Data Prose,LLC Level One Software Inc. Management Inc Touch,LLC Corporation dba KUBRA Systems Management, Solutions Inc Minimum Qualifications Must have operated continuously for a minimum of three Pass Pass Pass Pass Pass Pass Pass Pass Pass years as an established firm in providing some service No outstanding lawsuits during last 5 years or current litigation Pass Pass Pass Pass Pass Pass Pass Pass Pass with the City during last 5 years No outstanding regulatory issues last 5 years Pass Pass Pass Pass Pass Pass Pass Pass Pass References Provided for firm Pass Pass Pass Pass Pass Pass Pass Pass Pass Technical Proposal Technical Proposal(50 points) 47 43 38 39 39 38 36 34 13 Firms'Experience(16 points) Team Experience(14 points) Understanding of Project Scope(20 points) Interview Interview(30 points) 29 21 21 14 11 13 14 11 7 Firms'Experience(8 points) Team Identificaton(10 points) Understanding of Project Scope(12 points) Price Price(20 points) Is 18 19 18 20 18 18 19 12 Total 94 82 78 71 70 69 68 64 32 RFP No. 1578 - Utility Bill Printing, Mailing and Insert Printing Services Technical Proposal Results (50 Points) Committee Committee Committee Committee Committee Firm Name Member#1 Member#2 Member#3 Member#4 Member#5 Average 1. CSG Systems, Inc. 38 37 37 35 47 39 2. Data Prose, LLC 40 50 45 49 31 43 Formmaker Software Inc. dba 3. KUBRA 32 27 38 36 49 36 JIMS - Information 4. Management Solutions 46 50 44 50 43 47 5. 1 Level One 32 28 39 43 46 38 6. Municipal Code Corporation 26 40 42 37 46 38 7. Pinnacle Data Systems 24 46 23 32 47 34 QuestMark Information 8. Management, Inc. 20 2 14 19 10 13 9. The Master's Touch, LLC 1 29 47 37 40 44 39 Interview Results (30 Points) Committee Committee Committee Committee Committee Firm Name Member#1 Member#2 Member#3 Member#4 Member#5 Average IMS - Information 1. Management Solutions 30 30 29 28 30 29 2. jData Prose, LLC 22 30 24 20 9 21 3. CSG Systems, Inc. 14 17 27 19 30 21 4. The Master's Touch, LLC 14 12 24 16 6 14 5. Level One 7 9 24 14 15 14 6. Municipal Code Corporation 8 10 18 17 10 13 Formmaker Software Inc. dba 7. IKUBRA 7 6 17 13 13 11 8. Pinnacle Data Systems 9 6 1 15 1 15 1 11 1 1 1 QuestMark Information 9. Management, Inc. 4 3 9 17 3 7 Pricing Points (20 Points) Proposer with the lowest price is given the full 20 Firm Names Price Points points, the other proposers are given points by a ration. IMS - Information 1. Management Solutions $886,886.48 18 2. Data Prose, LLC $863,316.60 18 3. CSG Systems, Inc. $882,101.80 18 4. The Master's Touch, LLC $810,512.95 20 5. Level One $841,523.52 19 6. Municipal Code Corporation $876,215.29 18 Formmaker Software Inc. dba 7. KUBRA $880,235.07 18 8. Pinnacle Data Systems $849,545.62 19 QuestMark Information 9. Management, Inc. $1,323,440.80 12 se O �A v AGENDA MEMORANDUM CORPOPFuture Item for the City Council Meeting of July 31, 2018 NPS EO 1852 Action Item for the City Council Meeting of August 14, 2018 DATE: July 20, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo-Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361)826-3227 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate CAPTION: Motion setting September 18, 2018 as the date of the adoption of the ad valorem tax rate of$0.626264 per $100 valuation. PURPOSE: The fiscal year 2018-2019 proposed operating budget utilizes a tax rate of $0.626264 per $100 valuation in the determination of ad valorem tax revenue for fiscal year 2018- 2019. This tax rate includes an increase of two cents from the prior year's property tax rate to be used for residential streets as approved by the citizens on November 8, 2016. This agenda item is needed for the City to be in compliance with "truth-in-taxation" as it relates to the Tax Code in the event that the City's fiscal year 2018-2019 proposed tax rate exceeds the lower of the effective tax rate or the rollback rate. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. The Nueces County Tax Office will be providing the City with the effective tax rate worksheet during the first week of August. In the event that the proposed fiscal year 2018-2019 tax rate of $0.626264 per $100 valuation exceeds the lower of the effective tax rate or the rollback rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. Two public hearings must also be held. If needed, we are planning on holding the first public hearing on August 28, 2018, and the second public hearing on September 11, 2018. Then the vote for the final adoption of the tax rate is scheduled to be held on September 18, 2018. Additionally, in compliance with the "truth-in-taxation" guidelines, the proposed property tax rate, effective tax rate, and rollback rate must be published at least seven (7) days before the public hearings. We are planning on publishing in the Corpus Christi Caller-Times on August 19, 2018. The last step in the "truth-in-taxation process" will be the approval of the tax levy in October once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital ❑Not Applicable Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - $ 120,873,385 $ 120,873,385 Encumbered/Expended amount of(date) - - - - This item - $ 120,873,385 $ 120,873,385 BALANCE - - $ - $ - FUND(S): General Fund$74,656,296 Debt Service Fund$42,356,947 Residential Street Fund$3,860,142 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: • None se O �A v AGENDA MEMORANDUM CORPOPFuture Item for the City Council Meeting of July 31, 2018 NPS EO 1852 Action Item for the City Council Meeting of August 14, 2018 DATE: July 20, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo-Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361)826-3227 Action to Schedule Two Public Hearings Related To Fiscal Year 2018-2019 Property Tax CAPTION: Motion setting a public hearing on the ad valorem tax rate for August 28, 2018 and a second public hearing for September 11, 2018 during the City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2018-2019 proposed operating budget utilizes a tax rate of $0.626264 per $100 valuation in the determination of ad valorem tax revenue for fiscal year 2018- 2019. This tax rate includes an increase of two cents from the prior year's property tax rate to be used for residential streets as approved by the citizens on November 8, 2016. This agenda item is needed for the City to be in compliance with "truth-in-taxation" as it relates to the Tax Code in the event that the City's fiscal year 2018-2019 proposed tax rate exceeds the lower of the effective tax rate or the rollback rate. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. The Nueces County Tax Office will be providing the City with the effective tax rate worksheet during the first week of August. In the event that the proposed fiscal year 2018-2019 tax rate of $0.626264 per $100 valuation exceeds the lower of the effective tax rate or the rollback rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. Two public hearings must also be held. If needed, we are planning on holding the first public hearing on August 28, 2018, and the second public hearing on September 11, 2018. Then the vote for the final adoption of the tax rate is scheduled to be held on September 18, 2018. Additionally, in compliance with the "truth-in-taxation" guidelines, the proposed property tax rate, effective tax rate, and rollback rate must be published at least seven (7) days before the public hearings. We are planning on publishing in the Corpus Christi Caller-Times on August 19, 2018. The last step in the "truth-in-taxation process" will be the approval of the tax levy in October once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital ❑Not Applicable Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - $ 120,873,385 $ 120,873,385 Encumbered/Expended amount of(date) - - - - This item - $ 120,873,385 $ 120,873,385 BALANCE - - $ - $ - FUND(S): General Fund$74,656,296 Debt Service Fund$42,356,947 Residential Street Fund$3,860,142 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: • None se GO � � �A O v AGENDA MEMORANDUM �ORPOPpt EFuture Item for the City Council Meeting of July 31, 2018 N 1852 Action Item for the City Council Meeting of August 14, 2018 DATE: July 25, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo, Assistant City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Action to Schedule Public Hearing on Fiscal Year 2018-2019 Operating Budget CAPTION: Motion setting a public hearing for the City of Corpus Christi Fiscal Year 2018-2019 Operating Budget for August 28, 2018 during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: Section 102.006 of the Texas Local Government Code requires the governing body of a municipality to set the date for a public hearing and hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing. BACKGROUND AND FINDINGS: Section 102.006 requires the governing body to set the date for a public hearing and hold a public hearing on the proposed budget after the 1511 day after the date the proposed budget is filed with the municipal clerk but before the date the governing body makes its tax levy. This action complies with these guidelines. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: 0 Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Operating Expense Revenue ❑ Capital Mot Applicable Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - $ - $ - Encumbered/Expended amount of(date) - - - - This item - $ - $ - BALANCE - - $ - $ - FUND(S): General Fund$74,656,296 Debt Service Fund$42,356,947 Residential Street Fund$3,860,142 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: • None