Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 08/21/2018 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 II cctexas.com Meeting Agenda - Final City Council Tuesday,August 21, 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 Kevin Jennings, Mt. Olive Lutheran Church. C. Pledge of Allegiance to the Flag of the United States to be led by Mario Tapia, Assistant Director of Aviation. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-1015 Proclamation declaring August 21, 2018, "National Senior Citizens Day". F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. STRATEGIC FUTURE ISSUES (NONE) b. CITY PERFORMANCE REPORT- UTILITIES DEPARTMENT City of Corpus Christi Page 1 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21, 2018 C. OTHER G. MINUTES: 2. 18-1016 Regular Meeting of August 14, 2018. Attachments: Minutes -August 14,2018 H. BOARD &COMMITTEE APPOINTMENTS: 3. 18-1050 Park and Recreation Advisory Committee Attachments: Park and Recreation Advisory Committee 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. All items on this agenda are considered public hearings. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 - 25) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and City of Corpus Christi Page 2 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21, 2018 ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 18-0810 First Amendment to a Type A Grant for Texas A&M University - Corpus Christi Motion authorizing the First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University - Corpus Christi, which extends the date for creating programs in civil and industrial engineering until December 31, 2020 and extends the term of the agreement to December 31, 2023. Attachments: Agenda Memo TAMU-CC Extension.docx TAMU-CC Extension Letter.pdf TAMU-CC Amendment.pdf S. 18-0793 Resolution for Naming and Use of Facilities at Water's Edge Park and McGee Beach Resolution approving Agreement with Texas A&M University - Corpus Christi for Naming and use of facilities at Water's Edge Park and McGee Beach. Attachments: Agenda Memo-TAMU-CC-Naming and use of facilities Resolution -TAMU-CC- Naming and use of facilities Agreement-Waters Edge With Exhibits Clean Version 6. 18-0910 Reolution authorizing submittal of grant application for the Edward Byrne Memorial Justice Assistance Grant (JAG) and Interlocal agreements for distribution of JAG Program funds Resolution authorizing submittal of grant application in amount of$178,821 for Edward Byrne Memorial Justice Assistance Grant (JAG) Program with funds to be distributed to Nueces County in amount of$82,042 and City of Robstown in amount of$14,736; and authorizing Interlocal Agreements with Nueces County and City of Robstown for distribution of JAG Program funds. Attachments: Agenda memo JAG 08.14.2018 Resolution -Edward Byrne Grant Interlocal 2018(2) PD- Interlocal for JAG 2018-Robstown PD- Interlocal for JAG 2018 Nueces County City of Corpus Christi Page 3 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21, 2018 7. 18-0927 Five-Year Service Agreement for Security Alarm Permitting and False Alarm Managment System Services Motion authorizing a five-year service agreement with PM AM Corporation, Dallas, Texas, for security alarm permitting and false alarm management system services for a total amount not to exceed of$575,000. Attachments: Agenda Memo-Security Alarm Permitting and False Alarm Mat System.docx Matrix Summary-Security Alarm Permitting and False Alarm Mat System Service Agreement 1428-Security Alarm Permitting and False Alarm Mgt Syster 8. 18-0919 Resolution authorizing a Supply Agreement for the Purchase of Ambulance Parts Resolution authorizing a one-year supply agreement for ambulance parts with Frazer Ltd., of Houston, Texas for a total amount not to exceed $50,000 with three one-year options for a total potential multi-year amount of$200,000. Attachments: Agenda Memo-Ambulance Parts Resolution Sole Source-Ambulance Parts Price Sheet-Ambulance Parts for CCFD Supply Agreement-Ambulance Parts 9. 18-0953 Accepting Ambulance Bus (AMBUS) unit for the Emergency Medical Task Force Program Motion authorizing the Corpus Christi Fire Department to house a Texas Emergency Task Force AMBUS unit for the Emergency Medical Task Force program. Attachments: Agenda Memo-AMBUS 2.0 Texas Emergency Medical Task Force (Acceptance Letter) 10. 18-0892 Interlocal Agreement for Laboratory Services for testing and analysis of bay water samples collected by Texas Department of State Health Services (TDSHS) Resolution to execute an Interlocal Cooperation Agreement with the Department of State Health Services, to provide laboratory services for the analysis of bay water samples; and to authorize acceptance of the agreement beginning September 1, 2018. Attachments: Agenda Memo-Seafood Safety Testing Grant(9-1-2018 to 9-1-2020)(d).8-1-201E Resolution-DSHS Seafood Safety Grant (9-1-2018 to 9-1-2019)CcY)7-18-2018 Seafood Safety Test Grant No. HHS000112500001 (9-1-2018 to 9-1-2019)-Pen 11. 18-0913 Service Agreement for HVAC Removal and Replacement at Central City of Corpus Christi Page 4 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21, 2018 Kitchen Motion authorizing a two-month Service Agreement with Pro Tech Mechanical, Inc. from Corpus Christi, Texas, for HVAC removal and replacement at Central Kitchen, for a total amount not to exceed $112,166. Attachments: Agenda Memo HVAC Removal and Replacement at Central Kitchen Bid Tabulation RFB 1567 HVAC Removal and Replacement at Central Kitchen Service Agreement 1567- HVAC Removal and Replacement at Central Kitchen 12. 18-0922 Employee Health Benefit - Stop Loss Coverage Motion authorizing completion of the negotiations and execution of a one-year service agreement to provide stop loss coverage for the City's self-funded employee health benefits for an estimated value of $1,883,862.48 with Partner Re. Attachments: Agenda Memo- Health Benefits-Stop Loss Final Scoring Sheets for Council -Stop Loss 13. 18-0920 Five-Year Service Agreement for Drug and Alcohol Testing and Occupational Medical Services Motion authorizing a five-year service agreement with Alliance Health Resources Mobile Division, Ltd., of Deer Park, Texas, for drug and alcohol testing and occupational medical services for a total amount not to exceed of$1,333,531. Attachments: Agenda Memo-Drug and Alcohol and Occupational Medical Services.docx Matrix Summary - 1585 Drug and Alcohol Testing and Occupational Services Service Agreement 1585- Drug and Alcohol Testing and Occ Medical Svc 14. 18-0934 Professional Services Contract Amendments for Pre-Design to 60% certain proposed Bond 2018 street projects (Bond 2018, Proposition A) Motion to authorize execution of Amendment No. 1 to professional services contracts for six (6) proposed Bond 2018 - Proposition A-Street projects as follows: -HDR Engineering of Corpus Christi, TX in amount of$526,665 for Leopard Street, from Nueces Bay Blvd to Palm Dr -Hanson Professional Services of Corpus Christi, TX in amount of $1,154,128 for S Staples St, from Kostoryz Rd to Baldwin -CH2M Hill Engineers of Corpus Christi, TX in amount of$312,300 for Lipes Blvd, from Yorktown to Sun Wood Dr -Urban Engineering of Corpus Christi, TX in amount of$262,000 for Frio/Dorado/Hacala Corridor -LJA Engineering of Corpus Christi, TX in amount of$702,125 for Laguna City of Corpus Christi Page 5 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21, 2018 Shores Rd, from Caribbean to Hustlin' Hornet -Urban Engineering of Corpus Christi, TX in amount of$422,075 for Swantner Dr, from Texan Trail to Indiana Attachments: Agenda Memo-Tier 2 Streets Bond 2018 Rev. 2 Location Map-Tier 2 Streets Bond 2018 Presentation -Tier 2 Streets Bond 2018 Rev.2 Contract-Tier 2 Streets Bond 2018 18027A Leopard HDR Contract-Tier 2 Streets Bond 2018 18041A Staples Hanson Contract-Tier 2 Streets Bond 2018 18029A Lipes CH2M Contract-Tier 2 Streets Bond 2018 18019A Frio Urban Contract-Tier 2 Streets Bond 2018 18024A Laguna Shores LJA Contract-Tier 2 Streets Bond 2018 18046A Swantner Urban 1s. 18-0954 Professional Services Contract for Bond and Capital Improvement Program Support Motion to authorize execution of a professional services contract with R.H. Shackelford, Inc. (RHSI) of Corpus Christi, Texas for a period of six (6) months in the amount of$352,526 with one (1) optional six-month renewal to be administratively awarded for a total contract cost not to exceed $705,052 to support launching the Bond 2018 Program, overseeing the Harbor Bridge Replacement Project(HBRP) Utility Relocations, and completing prior Bond Programs (2012, 2014 & 2016) and on-going Capital Improvement Program (CIP) projects. Attachments: Agenda Memo-Staff Support RHSI 7-14-18.docx Presentation -2018 RHSI Contract 8-14-18 (Legistar) REV.pptx RHSI Contract.ndf 16. 18-0901 Amendment No. 3 to Professional Services Contract for Allison Wastewater Treatment Plant Improvements (Capital Improvement Program) Motion to authorize execution of Amendment No. 3 to a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount of$578,396 for a total restated fee of$1,490,918 for Allison Wastewater Treatment Plant (WWTP) Lift Station and Plant Improvements project. Attachments: Agenda Memo-Allison WWTP Urban Amd 3 Project Budget-Allison WWTP Urban Amd 3.x1s Location Map-Allison WWTP Urban Amd 3.pdf Presentation -Allison WWTP Urban Amd 3.pptx E10043 Urban Amd 3.pdf City of Corpus Christi Page 6 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21, 2018 17. 18-0906 Supply Agreement for Emulsion Oil (SS-1 H) for Street Operations Motion authorizing a three-year supply agreement with Ergon Asphalt & Emulsions Inc., of Austin, Texas, for the purchase of emulsion oil (ss-1h), for the total amount not to exceed $328,366.50. Attachments: Agenda Memo- Emulsion Oil (SS-1 H).docx Bid Tabulation- Emulsion Oil (SS-1H) Supply Agreement- Emulsion Oil (SS-1 H).pdf 18. 18-0967 Interlocal Agreement for Water Line Improvements Resolution authorizing an Interlocal Cooperation Agreement with San Patricio Municipal Water District for water line improvements. Attachments: Agenda Memo-SPMWD Interlocal for JSA Design Resolution -Agreement SPMWD Ex A-Agreement SPMWD and Eng Agmt with JSA Ex B&C -Aerial map SPMWD 19. 18-0959 Interlocal Agreement with Nueces County Water Control and Improvement District#3 Resolution authorizing an Interlocal Agreement with Nueces County Water Control and Improvement District#3 to provide for District to disconnect District water service to customers who are delinquent in City wastewater service payment. Attachments: Agenda Memo for NCWCID#3 Resolution NCWCID#3 Interlocal Signed Interlocal with NCWCID#3 20. 18-0951 Resolution Adopting Type B Board Certificate of Amendment Resolution adopting a certificate of amendment for the Corpus Christi B Corporation. Attachments: Agenda Memo- Resolution -Type B Certificate of Amendment Resolution Adopting Type B Certificate of Amendment Type B Certificate of Amendment Final 07.25.18 21. 18-0899 Second Reading Ordinance - Rezoning for a Property located at or near 2407 Mary Street(1st Reading 8/14/18) Case No. 0718-01 Siempre Mas: Ordinance rezoning property at or near 2407 Mary Street from "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District; and amending Comprehensive Plan. Planning Commission and Staff Recommendation (July 11, 2018): City of Corpus Christi Paye 7 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21, 2018 Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. Attachments: Agenda Memo 0718-01 Siempre Mas Ordinance -Case 0718-01 Siempre Mas BR CC Report 0718-01 Siempre Mas Presentation 0718-01 Siempre Mas 22. 18-0900 Second Reading Ordinance - Rezoning for a Property located at or near 4502 Corona Drive (1st Reading 4/14/18) Case No. 0718-02 Auqusta Embassy House, LLC: Ordinance rezoning property at or near 4502 Corona Drive from "RS-TF" Two-Family District to the "RM-3" Multifamily 3 District; and amending Comprehensive Plan Planning Commission and Staff Recommendation (July 11, 2018): Approval of the change of zoning from the "RS-TF" Two-Family District to the "RM-3" Multifamily 3 District. Attachments: Agenda Memo 0718-02 Augusta Embassy House, LLC Ordinance -Case 0718-02 Augusta Embassy House, LLC BR CC Report 0718-02 Augusta Embassy House, LLC Presentation 0718-02 Augusta Embassy House, LLC 23. 18-0917 Second Reading Ordinance -Accepting and appropriating the 2019 Selective Traffic Enforcement Program grant from the Texas Department of Transportation (1st Reading 8/14/18) Ordinance authorizing acceptance of$154,957.39 grant from Texas Department of Transportation for 2019 Comprehensive Selective Traffic Enforcement Project with a city match of$51,551.05; and appropriating $154,957.39 in Police Grants Fund. Attachments: Agenda memo-STEP appropriation 08.14.2018 Ordinance -STEP grant 2018 2019-CorpusPD-S-1 YG-00034 24. 18-0921 Second Reading Ordinance -Accepting and Appropriating the HIDTA grant award for the Police Department (1st Reading 8/14/18) Ordinance authorizing acceptance of$122,535 grant from Executive Office of the President, Office of National Drug Control Policy, for the High Intensity Drug Trafficking Area program; and appropriating $122,535 in Police Grants Fund. Attachments: Agenda Memo HIDTA grant award 08.14.2018 Ordinance - HIDTA grant 2018 City of Corpus Christi Paye 8 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21, 2018 2018 HIDTA MOD 1 25. 18-0893 Second Reading Ordinance - Type A Grant for the Del Mar College Foundation Process and Instrumentation (1st Reading 8/14/18) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College Foundation for$2,356,000 to expand the Process and Instrumentation Technology Program; appropriating $2,356,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. Attachments: Agenda Memo- Del Mar College.docx Ordinance - Del Mar.docx Proposal -DMC Application.pdf Agreement- DMC .pdf L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. BUDGET PRESENTATION: (ITEM 26) 26. 18-1033 Proposed FY2019 Budget Overview Attachments: Agenda Memo- Health Plan Update N. PUBLIC HEARINGS: (ITEM 27) 27. 18-0932 Public Hearing and First Reading Ordinance -Adoption of Proposed Unified Development Code Text Amendments: Section 7.5 Signs Ordinance amending Section 7.5 "Signs" of the Unified Development Code; and providing for penalty. Attachments: Agenda Memo UDC Text Amendment 1 Ordinance - UDC amendmend Signs 2018 Presentation UDC Text Amendment O. REGULAR AGENDA: (ITEMS 28 - 29) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 28. 18-1051 Board Appointments - Corpus Christi Business and Job Development (Type A) Corporation Attachments: Corpus Christi Business and Job Development Corporation 29. 18-0918 Resolution Adopting Type A Board Certificate of Amendment City of Corpus Christi Page 9 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21, 2018 (Board Appointments will take place prior to approval of this item) Resolution adopting a certificate of amendment for the Corpus Christi Business and Job Development Corporation. Attachments: Agenda Memo- Resolution -Certificate of Amendment Resolution Authorizing Type A Certificate of Amendment Type A Certificate of Amendment Final 07.25.18 P. RECESS COUNCIL MEETING TO CORPORATION MEETINGS: (ITEMS 30 -31) 30. 18-0971 Annual Board Meeting of the Corpus Christi Housing Finance Corporation Attachments: Agenda Memo-CCHFC Board Meeting CCHFC Board Agenda CCHFC 12.19.17 Minutes CCHFC Treasurers Report as of June 30 2018 Contract Nuss-Hoover 0130-escrowed Contract-Clower amended NRP Proposal 31. 18-0958 Regular Corporation Meeting of the North Padre Island Development Corporation Attachments: Agenda Memo- NPDIC Meeting 8 14 2018 Agenda - NPDIC 8 14 2018 Minutes- NPID 12-19-17 TIF#2 Financials 06.30.2018 Motion - NPIDC Investment Agreement with City DRAFT 08.08.18 Resolution -2018 NPIDC Investment Policy Resolution with Exhibits 08.09.18 Motion -Approving Resolution Amending Authorized Representatives Motion- Budget- 1111- Reinvest Zone #2.xlsx Q. RECONVENE COUNCIL MEETING: R. FIRST READING ORDINANCES: (ITEMS 32 -35) 32. 18-0911 First Reading Ordinance -Accepting and Appropriating Grant Funds for FY2019 Local Border Security Program Ordinance authorizing acceptance of$40,000 grant from Office of the Governor's Homeland Security Grants Division for FY2019 Local Border Security Program; and appropriating $40,000 in Police Grants Fund. Attachments: Agenda memo LBSP appropriation 08.14.2018 Ordinance - LBSP Grant-2018 City of Corpus Christi Page 10 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21, 2018 Grant award 33. 18-0856 First Reading Ordinance -Adoption of City of Corpus Christi Small Cell Network Fees, regulations and Design Manual Ordinance amending Corpus Christi Code to adopt small cell network fees, regulations, and Design Manual; and providing for penalty. Attachments: Agenda Memo-CC Small Cell DM Ordinance -Small Cell(1) Exibhit A-Small Cell DM Presentation -Small Cell City Regulations 34. 18-0935 First Reading Ordinance -Appropriating Fund Proceeds for Fiscal Year 2017-2018 Ordinance to appropriate (a) $62,420.48; (b) $1,624,968.22; (c) $2,160,863.62; (d) $143,594.59; and (e) $65,406.99; into the Airport CIP, Bond Proceeds, Utility Revenue Bond, Specialty Bond Proceeds and other Unappropriated Funds, respectively, for the following purposes: City's match for future FAA Grant Projects, Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Library, Convention Center, Parks, Streets, and Utilities, and as further detailed in Attachment 1; changing the FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 to increase expenditures accordingly. Attachments: Agenda Memo-Appropriate Interest Ordinance -Appropriate Interest Attachment A-Appropriations 2018 35. 18-0798 First Reading Ordinance - Conveyance of Parker Pool to Nueces County Ordinance authorizing the conveyance of Parker Pool property located at 654 Graham Road to Nueces County. Attachments: Agenda Memo- Parker Pool -County Interlocal Ordinance - Parker Pool Parker Pool Special Warranty Deed Exhibit A-Metes and Bounds 43201-B8-06 Laguna Business Center Out of Lot S. FUTURE AGENDA ITEMS: (ITEMS 36 -48) 36. 18-0957 Resolution adopting the La Molina - Near West Existing Conditions Report Resolution adopting an Existing Conditions Report for the La Molina - Near City of Corpus Christi Page 11 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21, 2018 West Area which is bordered by SH 358 and Saratoga Boulevard to the West, SH 286 to the East, Agnes Street to the North, and SH 286 to the South Attachments: Agenda memo Resolution -La Molina Report 2018 (1) Exhibit A-La Molina-Near West Existing Conditions Report Exhibit B -Supporting Documents 37. 18-0980 Museum of Science and History Management Services Motion authorizing a five year service agreement for the management of the Museum of Science and History with Friends of the Museum of Science and History, Corpus Christi, Texas for a not to exceed value of $1,300,000.00 plus revenue/incentive fee and marketing funds. Attachments: Agenda Memo- Museum of Science and History Matrix 1703- Museum of Science and History Management Services Presentation - Museum of Science and History Final Service Agreement 1703 Rev 8.8.18 38. 18-0952 Amendment No. 1 to American Bank Center Service Agreement Motion authorizing Amendment No. 1 to the Service Agreement for Management of the American Bank Center for additional expenditures in the amount of$250,000, with a restated total estimated contract value of $16,807,717.15. Attachments: Agenda Memo Amendment 39. 18-0977 Service Agreement for Disaster Recovery Management Services Motion authorizing a two-year service agreement for Disaster Recovery Management Services with Langford Community Management Services, Inc., Leander, Texas, for$50,000, with three one-year options for a total potential multi-year amount not to exceed $125,000. Attachments: Agenda - Disaster Recovery Mgt Services Matrix Summary 1584- Disaster Recovery Management Services.pdf Service Agreement 1584- Disaster Recovery Management Services Langford.p 40. 18-0930 Renewal of State and Federal External Legislative Consultant Contracts Motion to execute 24-month renewal agreements for governmental relations services with Focused Advocacy for state governmental relations services for$108,000 per year plus reasonable expenses and with Meyers & Associates for federal governmental relations services for$78,000 per City of Corpus Christi Page 12 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21, 2018 year plus reasonable expenses. Attachments: Agenda Memo-2018 renewal of state &federal lobby contracts DRAFT Focused Advocacy Contract Renewal 100118 DRAFT Meyers&Assoc renewal 100118 41. 18-0961 Uniform Rentals for Beach operations, Tourist District and Park Operations Motion authorizing a two-year service agreement with Cintas Corporation No. 2 of Corpus Christi, Texas for Parks & Recreation uniform rentals for a total amount not to exceed $105,007.76. Attachments: Agenda Memo- Uniform Rental for Parks and Rec Price Sheet- Uniform Rental for Parks and Rec Service Agreement- Uniform Rental for Parks and Rec 42. 18-0845 Two Contracts for Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2018-2019 Motion authorizing Amendment No. 1 to the Professional Services Contract with Alan Plummer Associates, Inc. of Corpus Christi, Texas in the amount of$120,946 for a total amount of$159,526 for the base year and a construction contract with Abel's Paving & Construction, Inc. of Corpus Christi, Texas in the amount of$764,707 for the base year of the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2018-2019 with a total expenditure not to exceed $401,418 and $2,294,121 respectively over the three-year life of the contract. Attachments: Agenda Memo-Wastewater Services, Cleanouts and Manhole Adjustments IDI Project Budget-Wastewater Services, Cleanouts and Manhole Adjustments IDI Contract-Amd 1 Alan Plummer.pdf Location Map-Wastewater Services, Cleanouts and Manhole Adjustments IDIC Letter of Recommendation -Wastewater Services, Cleanouts and Manhole AdOL Presentation -Wastewater Services, Cleanouts and Manhole Adjustments IDIQ 43. 18-0956 Land Purchase for Nueces Bay Boulevard Tank Site for Elevated Storage Tank Resolution determining the fair market value of industrial property and authorizing execution of a real estate sales contract with Flint Hills Resources Corpus Christi, LLC for$127,513.75 plus estimated closing costs of$2,500 for Nueces Bay Boulevard elevated tank site. Attachments: Agenda Memo- Elevated Water Storage Tanks City of Corpus Christi Page 13 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21, 2018 Resolution -Acquisition Flint Hills Water Tank Project Site - Elevated Water Storage Tank ACR, Ph 3 (E16290).pdf Location Map- Elevated Water Storage Tank ACR, Ph 3 (El6290).pdf Proposed Site Layout- Elevated Water Storage Tank ACR, Ph 3 (E16290).pdf Presentation - Elevated Water Storage Tank ACR, Ph 3 (E16290).pptx Sales Contract Elevated Water Storage Tank ACR, Ph 3 (E16290) FHR sic nec 44. 18-0923 Service Agreement for Blower Repairs and Motor Alignment Services at Wastewater Treatment Plant Motion authorizing a one year Service Agreement with two one-year options with Massengale Armature Works Inc, of San Antonio, Texas, for the Blower Repairs and Motor Alignment services at Waste Water Treatment Plant for an amount not to exceed $107,700 with a total potential Multi-Year amount up to $323,100. Attachments: Agenda Memo-Blowers Repairs and Motors Alignment at WWTP Bid Tabulation- Blowers Repairs and Motor Alignment Signed Service Agreement.pdf 45. 18-1031 San Patricio Municipal Water District Treated Water Contract Amendment Motion authorizing the Second Amendment and Extension to the Treated Water Supply Contract with San Patricio Municipal Water District. Attachments: Agenda Memo SPMWD Treated Water Contract SPMWD Second Amendment New Clean Version 08-16-18 SPMWD- Exhibit A ccmeterexhibit 81618 bf 46. 18-0632 Resolution adopting an Affordable Housing Policy and Program Initiatives for the City of Corpus Christi, Texas. Attachments: Agenda Memo-Affordable Housing Reso Affordable Housing Policy and Program Initiatives Resolution adopting Affordable Housing Policy draft 5-15-18 Presentation-Affordable Housing Final 2 47. 18-0979 Service Agreement for HEB Tennis Center Motion authorizing a service agreement with Sweet Spot Tennis, LLC for management and operations service for HEB Tennis Center. Attachments: Agenda Memo Tennis 08.15.18 Agreement- HEB - Agmt 08-06-2018 clean final Presentation -Tennis Center Contracts 48. 18-0990 Service Agreement for Al Kruse Tennis Center City of Corpus Christi Page 14 Printed on 8/20/2018 City Council Meeting Agenda-Final August 21,2018 Motion authorizing a service agreement with Sweet Spot Tennis for management and operations service for Al Kruse Tennis Center. Attachments: Agenda Memo Al Kruse Tennis 08.15.18 Agreement-Al Kruse 08-08-2018 clean final 081518 T. BRIEFINGS: (ITEM 49) 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. 49. 18-0946 Briefing on Downtown Communication Kiosks Attachments: Agenda Memo Exec Summary Form- PRESENTATION ITEM- IKE Kiosks Presentation- IKE Kiosks U. EXECUTIVE SESSION: (ITEM 50) 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. 50. 18-1023 Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. V. 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. W. ADJOURNMENT City of Corpus Christi Page 15 Printed on 8/20/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday,August 14, 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 Rick Barrera, Cornerstone Church. Pastor Rick Barrera gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Kim Baker, Assistant Director of Financial Services. Assistant Director of Financial Services Kim Baker 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 8/17/2018 City Council Meeting Minutes August 14, 2018 Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Everett Roy,Council Member Lucy Rubio, and Council Member Greg Smith E. Proclamations /Commendations 1. Proclamation declaring August 12-18, 2018, "National Health Center Week". Proclamation declaring August 2018, "Xeriscape Corpus Christi -Water Wise Gardening Month". Proclamation declaring September 15, 2018, "Operation K.E.Y.S. (Keeping Every Youth in School)". Commendations recognizing the Laguna Little League Junior Softball All-Stars. Mayor McComb presented the proclamations and commendations. G. MINUTES: 2. Regular Meeting of July 31, 2018 and Workshop Session of July 23, 2018. Mayor McComb called for approval of the minutes. Council Member Lindsey-Opel made a motion to approve the minutes,seconded by Council Member Garza and passed unanimously. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb deviated from the agenda and referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. Sally Meyer, 1010 Barracuda Place, spoke regarding the management of the Legal Department and the City's use of outside legal counsel.Jack Gordy,4118 Bray,spoke regarding the enforcement of illegal signs. Bill Ayer, Governmental Affairs Director of the Corpus Christi Association of Realtors, 4825 Everhart,spoke regarding Agenda Item 22, adopting downtown vacant building regulations, and stated that the if the registration component is removed from the ordinance, the Corpus Christi Association of City of Corpus Christi Page 2 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Realtors will withdraw their opposition to the ordinance. Rick Milby,4412 High Ridge Drive,spoke in opposition to the following:the registration fee referred to in Agenda Item 22, adopting downtown vacant building regulations and Agenda Item 27, ordering a Special Election for Bond 2018. Sal Romeros III, 3106 West Gard; Rene DeLeon, 604 Sumners, Mathis, Texas; Tereso Mora, 4725 Willowbrook; Stephen Perales (father), 8322 Salsa; and Stephen Perales (son), 8322 Salsa, spoke in support of Agenda Item 29, a lease agreement for a regional sports complex. Colin Sykes, 309 Aberdeen, requested that the City Council support issues addressing climate change. Richard Schreiber, 3121 La Rochelle Way, requested that the City Council consider allocating the potential $700,000 surplus in property tax revenue to staff Fire Station 18. 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: a. STRATEGIC FUTURE ISSUES (NONE) C. OTHER 1) Interim City Manager Selman provided a recap of the items that City Council approved related to the City Council's goals for Economic Development, Water and Streets. Interim City Manager Selman announced that public meetings will be held regarding the Bond 2016 Residential Street Rebuild Project for upcoming residential street construction on Wednesday, August 15,2018 at Lindale Senior Center and Wednesday,August 22,2018 at St. Philip's Catholic Church. 3)The City's Sandbag Distribution Program began Saturday,August 11,2018. The next event will be held on Saturday,August 18, 2018 from 8:00 a.m.to 1:00 p.m. at Del Mar College West Campus located on Old Brownsville Road. Residents are allowed six sandbags per vehicle. Individuals interested in volunteering at the event can contact 361-826-3211. Information on the event is available at www.cctexas.com/s and bags aturdays. b. CITY PERFORMANCE REPORT - STREET OPERATIONS Director of Street Operations Andy Leal provided a briefing on Street Operations, including the mission statement; operational profile; and performance indicators,with a focus on potholes. Council members and staff discussed the following topics:the benefits of skin patches;the reasons for increasing the usage of skin patches;the process of skin patching small streets/blocks;the skin patch process being effective and economical;the Street Department's response to replace street signs impacted by Hurricane Harvey;the difference between skin patching and seal coating; the types of streets that are candidates for skin patching; and the funding allocated for skin patching operations. H. BOARD & COMMITTEE APPOINTMENTS: 3. Library Board Park and Recreation Advisory Committee City of Corpus Christi Page 3 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Transportation Advisory Commission Mayor McComb referred to board and committee appointments. The following appointments were made: Library Board Council Member Garza made a motion to table the appointment to the Library Board to encourage applicants that reside in City Council District 2 to apply, seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the following vote: Council Members Garza, Guajardo, Hunter, Lindsey-Opel, Molina, Roy, Rubio, and Smith,voting "Aye"; Mayor McComb voting "No". Park and Recreation Advisory Committee Council Member Garza made a motion to reappoint Dotson Lewis, Jr., Amy H. McCoy, and Jerry Plemons,seconded by Council Member Molina and passed unanimously. Council Member Lindsey-Opel made a motion to appoint Twila Stevens, Casandra L. Lorentson, Hannah Husby, Bobby Broderick, and Daniel Riechers, seconded by Council Member Smith and passed unanimously. Transportation Advisory Committee Council Member Lindsey-Opel made a motion to reappoint Richard J. Diaz and Wilfredo Rivera, Jr., seconded by Council Member Garza and passed unanimously. Council Member Rubio made a motion to appoint Pramit Bhakta,seconded by Council Member Hunter and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 22) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 12, 19, and 22 be pulled for individual consideration. City Secretary Rebecca L. Huerta requested that Item 18 be pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Lindsey-Opel,seconded by Council Member Rubio,to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith City of Corpus Christi Page 4 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Abstained: 0 4. Resolution authorizing outside city limits water contract with property owners in Mokry Estates. This Resolution was passed on the consent agenda. Enactment No: 031496 5. 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. This Motion was passed on the consent agenda. Enactment No: M2018-124 6. Amendment No. 1 to Master Services Agreement for engineering and technical support for project development in Solid Waste Operations 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. This Motion was passed on the consent agenda. Enactment No: M2018-125 7. 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. This Motion was passed on the consent agenda. Enactment No: M2018-126 8. 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. This Motion was passed on the consent agenda. City of Corpus Christi Page 5 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Enactment No: M2018-127 9. 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. This Motion was passed on the consent agenda. Enactment No: M2018-128 10. 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. This Motion was passed on the consent agenda. Enactment No: M2018-129 11. 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. This Resolution was passed on the consent agenda. Enactment No: 031497 13. 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. This Motion was passed on the consent agenda. Enactment No: M2018-131 14. 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, City of Corpus Christi Page 6 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 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. This Motion was passed on the consent agenda. Enactment No: M2018-132 15. Scheduling Public Hearing on Fiscal Year 2018-2019 Operating Budget 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. This Motion was passed on the consent agenda. Enactment No: M2018-133 16. Second Reading Ordinance - Rezoning property at or near 6000 Yorktown Boulevard (1st Reading 7/31/18) Case No. 0218-03 William B. Miller, Jr.: 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). Ordinance rezoning property at or near 6000 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). This Ordinance was passed on second reading on the consent agenda. Enactment No: 031498 17. Second Reading Ordinance - Urban Transportation Plan Amendment (1st Reading 7/31/18) 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 City of Corpus Christi Paye 7 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031499 20. Second Reading Ordinance - Construction Contract for Schanen Ditch Hike and Bike Trail - Saratoga to Kilarmet Project (Bond 2012, Proposition 4) (1st Reading 7/31/18) 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031502 21. Second Reading Ordinance -Authorizing a Use Privilege Agreement for installation of a private wastewater collection system and conveyance system force main (1st Reading 7/31/18) Ordinance authorizing a Use Privilege Agreement with Valls Wildcat II, LLC, ("Permittee") to install a private wastewater collection system and conveyance system force main. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031503 12. 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. Mayor McComb referred to Item 12, a service agreement for utility bill printing and mailing services. Director of Financial Services Constance Sanchez, Assistant Director of Financial Services Kim Baker and council members City of Corpus Christi Page 8 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 discussed the following topics:the possibility of changing the utility billing to a postcard system and the timeframe for considering other methods of utility bill printing;that the contract has a one-year term; if the contract would have to go through another Request for Proposal (RFP)should the City choose an alternate method of printing utility bills;the contract being broad enough to allow for changes in utility bill printing; determining whether another vendor may be more competitive than the proposed supplier should the City consider changing the method of utility billing;flexibility to amend the contract; studying the feasibility of converting utility bills to a postcard system; a council member's concerns regarding the Utility Business Office related to new software; bar coding on utility bills;the contract with the current vendor being month-to-month; the termination clause in the contract; and the amount of the total contract price attributed to mailing/postage. There were no comments from the public. 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: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-130 18. Second Reading Ordinance - Ordering a General Election to elect Mayor and Eight Council Members - November 6, 2018 (1st Reading 7/31/18) 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. Mayor McComb referred to Item 18, ordering a General Election to elect Mayor and eight Council Members. City Secretary Rebecca L. Huerta stated that staff has been working with Nueces County Clerk Kara Sands and the Elections Division regarding the run-off election date. City Secretary Huerta reported that the County Clerk's office strongly prefers that that the run-off be conducted on Tuesday, December 18,2018. City Secretary Huerta stated that since this date falls closer to the Christmas holiday,early voting will be heavily promoted the week prior to the run-off election. There were no comments from the public. Council Member Garza made a motion to amend the ordinance by changing the run-off date to December 18,2018, seconded by Council Member Guajardo and passed unanimously. City of Corpus Christi Page 9 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Council Member Garza made a motion to approve the ordinance as amended, seconded by Council Member Lindsey-Opel. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031500 19. Second Reading Ordinance - Professional Services Contract for Residential Reconstruction Project - $3.4M (1st Reading 7/31/18) 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. Mayor McComb referred to Item 19, a professional services contract for Residential Street Reconstruction. Executive Director of Public Works Valerie Gray and council members discussed the following topics:the City Council prioritizing residential streets; residents complimenting staff regarding their communication efforts during the reconstruction of Ralston Street; and maintaining communication with residents during this project. There were no comments from the public. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031501 N. PUBLIC HEARINGS: (ITEMS 25 -26) 25. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 2407 Mary Street. Case No. 0718-01 Siempre Mas: Ordinance rezoning property at or near 2407 Mary Street from "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District; and amending Comprehensive Plan. City of Corpus Christi Page 10 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Planning Commission and Staff Recommendation (July 11, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. Mayor McComb deviated from the agenda and referred to Item 25. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for the construction of two additional duplexes with a total of six units on-site. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Members and staff discussed the following topics: opposition to the rezoning and the setback and parking requirements. 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: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 26. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 4502 Corona Drive. Case No. 0718-02 Auqusta Embassy House, LLC: Ordinance rezoning property at or near 4502 Corona Drive from "RS-TF" Two-Family District to the "RM-3" Multifamily 3 District; and amending Comprehensive Plan Planning Commission and Staff Recommendation (July 11, 2018): Approval of the change of zoning from the "RS-TF" Two-Family District to the "RM-3" Multifamily 3 District. Mayor McComb referred to Item 26. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to rezone the subject property to allow for the consistency of zoning classifications across the lot. Ms. Nixon-Mendez stated that the Planning Commission and staff are in favor of the zoning change. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 11 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 O. REGULAR AGENDA: (ITEM 30) 30. Excuse Absences for Council Member Lucy Rubio Motion excusing the past absences of Council Member Lucy Rubio. Mayor McComb deviated from the agenda and referred to Item 30. Mayor McComb stated that the purpose of this item is to formally excuse the past absences of Council Member Lucy Rubio as addressed in the City Charter. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-134 P. FIRST READING ORDINANCES: (ITEM 33) 33. First Reading Ordinance - Type A Grant for the Del Mar College Foundation Process and Instrumentation Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College Foundation for $2,356,000 to expand the Process and Instrumentation Technology Program; appropriating $2,356,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. Mayor McComb deviated from the agenda and referred to Item 33. Lenora Keas, Del Mar College,stated that the purpose of this item is to request Type A grant funding to expand the Process and Instrumentation Technology Program. Ms. Keas presented the following information: photos of the Glycol Distillation Pilot Plant previously funded by the Type A Board and industry;the construction of the Process Technology, Instrumentation, Millwright,Analytical Lab and Petrochemical Analysis; a list of programs support by the proposal; the types of equipment;the overall cost summary; and the impact on jobs and the economy. There were no comments from the public. City of Corpus Christi Page 12 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Council members discussed the following topics:the low student-instructor ratio; a training environment for industry;the economic impact; current enrollment in the program; and a pre-training process to counsel students regarding the importance of passing the drug test for industry jobs. Iain Vasey, Corpus Christi Regional Economic Development Corporation (EDC), stated that the EDC Board and the Type A Board approved the project. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 T. EXECUTIVE SESSION: (ITEM 56) Mayor McComb referred to Executive Session Item 56. The Council went into executive session at 1:40 p.m. The Council returned from executive session at 2:40 p.m. 56. Executive Session pursuant to Section Texas Government Code § 551.071and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the provision of incentives pursuant to any previously executed or proposed economic development/ business incentive agreement(s) between the City and/or related entities and Upper Padre Partners, LP, Gulf Shores Ventures, International Bank of Commerce, Diamond Beach Holdings, LLC., Axys Capital, Padre Island Holdings, LLC. and/or North Padre Waterpark Holdings, Ltd. and/or past or present affiliates, creditors or shareholders of any of the aforesaid entities, possible development agreements or other funding mechanisms related to the construction of Park Road 22 bridge and related infrastructure, including, but not limited to, bridges, culverts, canals, sewers, mains, lift stations, pump stations, revetments, pilings, and ditches, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). Mayor McComb referred to Item 56 and the following motion of direction was considered: MOTION OF DIRECTION Council Member Smith made a motion directing the Interim City Manager to negotiate a contract to construct a bulkheaded canal and associated City of Corpus Christi Page 13 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 improvements with the adjoining property owners adjacent to the proposed Park Road 22 Bridge,seconded by Council Member Lindsey-Opel and passed unanimously. L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 56. M. BUDGET PRESENTATION: (ITEM 23) 23. Proposed FY2019 Budget Overview Mayor McComb referred to Item 23, proposed FY2019 Budget Overview. Interim City Manager Keith Selman stated that the City Council has received a balanced budget. Interim City Manager Selman stated that staff is proposing to discuss the budget during regularly scheduled City Council meetings and will bring forward three presentations regarding Utilities, Health Care and Public Safety. Director of Management and Budget Eddie Houlihan provided an overview of the operating budget including:the mission statement;the guiding fiscal principles used to prepare the budget; the presentation outline;where the budget is available for review;the seven major sections of the budget; how to navigate through the budget documents;total revenues and expenditures; the total number of full-time equivalents;the 1-year property tax rates;the City's property tax rate in comparison to other Texas cities; and the following information regarding the General, Enterprise, Special Revenue, and Internal Service Funds: the number of full-time equivalents; revenues and expenditures and fund balances. Director of Financial Services Constance Sanchez presented the following information related to the Debt Service Fund: revenues and expenditures; projected fund balance;the City's General Obligation Debt and Utility Revenue Debt; and proposed bond issuances for FY2019. Council members and staff discussed the following topics:that the surplus of $700,000 in property tax revenue is not reflected in the presentation;the surplus of$650,000 in property tax revenue being incorporated into the budget to reduce projected budget cuts;that the City Council did not approve the distribution of the$650,000 surplus; use of the property tax surplus to address staffing at Fire Station 18; operational costs for Fire Station 18 not being included in the bond package; utilizing existing fire staff from other fire stations to staff Fire Station 18;the proposed FY2019 budget including funding for a fire academy; and that the fire academy will not increase staffing, it will only address attrition in the Fire Department. Interim City Manager Selman stated that the first public hearing on the proposed budget will be held on August 28, 2018 with final adoption projected for September 18,2018. N. PUBLIC HEARINGS: (ITEM 24) City of Corpus Christi Page 14 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 24. Public Hearing and Resolution approving the FY 2018-2019 Corpus Christi Crime Control and Prevention District Budget Resolution approving the FY 2018-2019 budget for the Corpus Christi Crime Control and Prevention District. Mayor McComb referred to Item 24. Police Chief Mike Markle stated that the purpose of this item is to hold a public hearing regarding the FY2018-2019 budget for the Corpus Christi Crime Control and Prevention District. Chief Markle presented the following information: the continued focus on core program;that there are no reductions in programs or personnel; assignment of the 63 police officers;the total expenditures and revenues; and ending fund balance. Council members and staff discussed the following topics:the programs previously funded by the Crime Control and Prevention District and options to incrementally increase the number of police officers given the City's growth in population. 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 resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031504 O. REGULAR AGENDA: (ITEM 28) 28. Resolution for Interlocal Cooperation Agreement (ILA) with Texas A&M University - Corpus Christi (TAMUCC) for aesthetic column painting on Ennis Joslin Road Resolution authorizing execution of an Interlocal Cooperation Agreement (ILA) with Texas A&M University - Corpus Christi (TAMUCC) for aesthetic column painting on Ennis Joslin Road. Mayor McComb deviated from the agenda and referred to Item 28. City Secretary Rebecca L. Huerta announced that Council Members Lindsey-Opel and Guajardo were abstaining from this item. Executive Director of Public Works Valerie Gray introduced Texas A&M University-Corpus Christi (TAMU-CC) President Dr. Kelly Quintanilla. Ms. Gray stated that the purpose of this item is to execute an Interlocal Cooperation Agreement with TAMU-CC for aesthetic surface painting on Ennis Joslin Road City of Corpus Christi Page 15 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 at South Padre Island Drive(SPID). Ms. Gray presented the following information: a location and vicinity map and artist's rendering. Dr. Quintanilla stated that the columns on Ennis Joslin will be painted to identify the area as "Islander Country"for people to recognize they are in the vicinity of the University and to increase spirit and community pride. Dr. Quintanilla also spoke regarding Future Agenda Item 34, a first amendment to a Type A Grant for TAMU-CC to extend the date for creating programs in civil and industrial engineering and Future Agenda Item 35, approving an agreement with TAMU-CC for naming and use of facilities at Water's Edge Park and McGee Beach. There were no comments from the public.A council member thanked TAMU-CC for moving the City forward. City Secretary Huerta stated that Council Member Lindsey-Opel recused herself from the discussion on Items 34 and 35. Council Member Hunter made a motion to approve the resolution, seconded by Council Member Rubio. This Resolution was passed and approved with the following vote: Aye: 7- Mayor McComb, Council Member Garza, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 2- Council Member Guajardo and Council Member Lindsey-Opel Enactment No: 031506 K. CONSENT AGENDA: (ITEM 22) 22. Second Reading Ordinance -Adopting Downtown Vacant Building Regulations (1st Reading 7/31/18) Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations including registration; and Providing for penalties. Mayor McComb deviated from the agenda and referred to Item 22. Business Liaison Arlene Medrano stated that the purpose of this item is to adopt a Downtown Vacant Building Ordinance. Ms. Medrano stated that ordinance was approved by the Tax Increment Reinvestment Zone#3(TIRZ#3) Board and the Downtown Management District Board of Directors. The ordinance was amended by the City Council on first reading to include a one-year review and an enhanced review on the five-year anniversary of the ordinance. Staff is recommending the ordinance be approved as written. Mayor McComb spoke regarding a meeting held between TIRZ#3 Chairperson Carolyn Vaughn,the Downtown Management District, and the Corpus Christi Association of Realtors (Association) related to the Association's opposition to the registration fee. City of Corpus Christi Page 16 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Council Member Roy made a motion to table Item 22,tentatively to August 28, 2018, and direct the Interim City Manager to amend the ordinance to remove the requirement for registration in order that both options may be presented to the City Council for consideration, seconded by Council Member Lindsey-Opel and passed unanimously. Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 O. REGULAR AGENDA: (ITEMS 27 AND 29) 27. Second Reading Ordinance - Ordering a Special Election for Bond 2018 (1st Reading 8/10/18) Ordinance ordering a special election to be held on November 6, 2018, in the City of Corpus Christi, on the questions of authorizing bond issuances of the City supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. Mayor McComb referred to Item 27. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to order a Special Election for Bond 2018. Ms. Gray stated that the ordinance has been amended to reflect the change to Proposition C by removing the splash pads and shade structures and adding Cole Park and Dimitt Piers. There were no comments from the public. Mayor McComb stated that approval of this item does not increase taxes and that the City Council is giving the public an opportunity to decide whether they want these bond improvements. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031505 29. Second Reading Ordinance - Lease Agreement for Regional Sports Complex (Requires 28 day delay) (1st Reading 4/17/18) City of Corpus Christi Page 17 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Ordinance authorizing execution of 40-year Lease Agreement with SQH Sports and Entertainment, Inc. of approximately 203 acres located near State Highway 286 @ FM 43 for a Regional Sports Complex and other improvements with up to four 5-year extensions; and cancelling the existing lease. Mayor McComb referred to Item 29. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to approve, on second reading, a lease agreement with SQH Sports and Entertainment, Inc. (SQH)for a regional sports complex. Mr. Ellington addressed City Council questions raised at the first reading of the ordinance related to the leadership team;the appraised value of the property and consideration of leasing the new acreage. Mr. Ellington stated that the new agreement includes an annual lease amount to be paid to the City based on the cost per acre of the land, credit for public improvements; and consumer price index annual increases. Mr. Ellington introduced representatives from SQH Derrick Hegmon, Bert Quintanilla, and Brent Statzer. City Secretary Rebecca L. Huerta announced that Council Member Garza was abstaining from this item. Council members and the presentation team discussed the following topics: the credit for public improvements for roads and trails;the costs related to public improvements of roads and trails;the independent appraisal of the property and the reason a local company was not used; the current agreement in comparison to the original agreement; consideration to proceed with a new Request for Proposal (RFP)for the additional property that was not included in the previous RFP's scope; usability of the land; how long the process has taken regarding the project; how much SQH has invested in the project to date;the economic benefit of a regional sports complex; the City's risk should the public improvements substantially exceed the revenue received from the regional sports complex; if there is a cap regarding the credit for public improvements; if SQH has met the milestones outlined in the current contract; questions related to the leadership team and the lack of experience running a regional sports complex; the viability of SQH's financials; the acreage that is outside the flood zone; the City of Laredo's private/public partnership for a similar project; information provided in a memo dated May 4,2018 regarding the RFP vetting process for the regional sports complex;that staff did not support moving forward with the original contract with SQH;the vagueness of the RFP; issues regarding the turnover in City staff;the number of times the City has offered public property for$1;the letter SQH has from a financial institution regarding investors;the change in council members and city management during the discussions related to the regional sports complex; and SQH's willingness to continue negotiations. Mayor McComb called for comments from the public. Susie Luna Saldana, 4710 Hakel, asked the Council to listen to the public's support of the project and make a decision for the benefit of Corpus Christi. Council Member Hunter made a motion to table the item to the meeting of August 28, 2018,seconded by Council Member Molina. This Item was tabled to the meeting of August 28,2018 with the following vote: Aye: 8- Mayor McComb, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith City of Corpus Christi Page 18 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Abstained: 1 - Council Member Garza P. FIRST READING ORDINANCES: (ITEMS 31 -32) 31. First Reading Ordinance -Accepting and appropriating the 2019 Selective Traffic Enforcement Program grant from the Texas Department of Transportation Ordinance authorizing acceptance of$154,957.39 grant from Texas Department of Transportation for 2019 Comprehensive Selective Traffic Enforcement Project with a city match of$51,551.05; and appropriating $154,957.39 in Police Grants Fund. Mayor McComb referred to Item 31. Police Chief Mike Markle stated that the purpose of this item is to accept a grant from the Texas Department of Transportation in the amount of$154,957.39 for the 2019 Comprehensive Selective Traffic Enforcement Project with a city match of$51,551.05. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 32. First Reading Ordinance -Accepting and Appropriating the HIDTA grant award for the Police Department Ordinance authorizing acceptance of$122,535 grant from Executive Office of the President, Office of National Drug Control Policy, for the High Intensity Drug Trafficking Area program; and appropriating $122,535 in Police Grants Fund. Mayor McComb referred to Item 32. Police Chief Mike Markle stated that the purpose of this item is to accept a grant for the High Intensity Drug Trafficking Area program in the amount of$122,535. There were no comments from the Council or the public. Council Member Rubio 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, Council Member Guajardo, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith City of Corpus Christi Page 19 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Absent: 1 - Council Member Hunter Abstained: 0 Q. FUTURE AGENDA ITEMS: (ITEMS 34 - 51) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff had no planned presentations. Council Member Lindsey-Opel recused herself from the discussion on Items 34 and 35 during the discussion on Item 28. 34. First Amendment to a Type A Grant for Texas A&M University - Corpus Christi Motion authorizing the First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University - Corpus Christi, which extends the date for creating programs in civil and industrial engineering until December 31, 2020 and extends the term of the agreement to December 31, 2023. This Motion was recommended to the consent agenda. 35. Resolution for Naming and Use of Facilities at Water's Edge Park and McGee Beach Resolution approving Agreement with Texas A&M University - Corpus Christi for Naming and use of facilities at Water's Edge Park and McGee Beach. This Resolution was recommended to the consent agenda. 36. Reolution authorizing submittal of grant application for the Edward Byrne Memorial Justice Assistance Grant (JAG) and Interlocal agreements for distribution of JAG Program funds Resolution authorizing submittal of grant application in amount of $178,821 for Edward Byrne Memorial Justice Assistance Grant (JAG) Program with funds to be distributed to Nueces County in amount of $82,042 and City of Robstown in amount of$14,736; and authorizing Interlocal Agreements with Nueces County and City of Robstown for distribution of JAG Program funds. This Resolution was recommended to the consent agenda. 37. Five-Year Service Agreement for Security Alarm Permitting and False Alarm Managment System Services Motion authorizing a five-year service agreement with PM AM City of Corpus Christi Page 20 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Corporation, Dallas, Texas, for security alarm permitting and false alarm management system services for a total amount not to exceed of $575,000. This Motion was recommended to the consent agenda. 38. Resolution authorizing a Supply Agreement for the Purchase of Ambulance Parts Resolution authorizing a one-year supply agreement for ambulance parts with Frazer Ltd., of Houston, Texas for a total amount not to exceed $50,000 with three one-year options for a total potential multi-year amount of$200,000. This Resolution was recommended to the consent agenda. 39. Accepting Ambulance Bus (AMBUS) unit for the Emergency Medical Task Force Program Motion authorizing the Corpus Christi Fire Department to house a Texas Emergency Task Force AMBUS unit for the Emergency Medical Task Force program. This Motion was recommended to the consent agenda. 40. Interlocal Agreement for Laboratory Services for testing and analysis of bay water samples collected by Texas Department of State Health Services (TDSHS) Resolution to execute an Interlocal Cooperation Agreement with the Department of State Health Services, to provide laboratory services for the analysis of bay water samples; and to authorize acceptance of the agreement beginning September 1, 2018. This Resolution was recommended to the consent agenda. 41. Service Agreement for HVAC Removal and Replacement at Central Kitchen Motion authorizing a two-month Service Agreement with Pro Tech Mechanical, Inc. from Corpus Christi, Texas, for HVAC removal and replacement at Central Kitchen, for a total amount not to exceed $112,166. This Motion was recommended to the consent agenda. 42. Employee Health Benefit - Stop Loss Coverage Motion authorizing completion of the negotiations and execution of a City of Corpus Christi Page 21 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 one-year service agreement to provide stop loss coverage for the City's self-funded employee health benefits for an estimated value of $1,883,862.48 with Partner Re. This Motion was recommended to the consent agenda. 43. Five-Year Service Agreement for Drug and Alcohol Testing and Occupational Medical Services Motion authorizing a five-year service agreement with Alliance Health Resources Mobile Division, Ltd., of Deer Park, Texas, for drug and alcohol testing and occupational medical services for a total amount not to exceed of$1,333,531. This Motion was recommended to the consent agenda. 44. Professional Services Contract Amendments for Pre-Design to 60% certain proposed Bond 2018 street projects (Bond 2018, Proposition A) Motion to authorize execution of Amendment No. 1 to professional services contracts for six (6) proposed Bond 2018 - Proposition A-Street projects as follows: -HDR Engineering of Corpus Christi, TX in amount of$526,665 for Leopard Street, from Nueces Bay Blvd to Palm Dr -Hanson Professional Services of Corpus Christi, TX in amount of $1,154,128 for S Staples St, from Kostoryz Rd to Baldwin -CH2M Hill Engineers of Corpus Christi, TX in amount of$312,300 for Lipes Blvd, from Yorktown to Sun Wood Dr -Urban Engineering of Corpus Christi, TX in amount of$262,000 for Frio/Dorado/Hacala Corridor -LJA Engineering of Corpus Christi, TX in amount of$702,125 for Laguna Shores Rd, from Caribbean to Hustlin' Hornet -Urban Engineering of Corpus Christi, TX in amount of$422,075 for Swantner Dr, from Texan Trail to Indiana This Motion was recommended to the consent agenda. 45. Professional Services Contract for Bond and Capital Improvement Program Support Motion to authorize execution of a professional services contract with R.H. Shackelford, Inc. (RHSI) of Corpus Christi, Texas for a period of six (6) months in the amount of$352,526 with one (1) optional six-month renewal to be administratively awarded for a total contract cost not to exceed $705,052 to support launching the Bond 2018 Program, overseeing the Harbor Bridge Replacement Project(HBRP) Utility Relocations, and completing prior Bond Programs (2012, 2014 & 2016) City of Corpus Christi Page 22 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 and on-going Capital Improvement Program (CIP) projects. This Motion was recommended to the consent agenda. 46. Amendment No. 3 to Professional Services Contract for Allison Wastewater Treatment Plant Improvements (Capital Improvement Program) Motion to authorize execution of Amendment No. 3 to a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount of$578,396 for a total restated fee of$1,490,918 for Allison Wastewater Treatment Plant (WWTP) Lift Station and Plant Improvements project. This Motion was recommended to the consent agenda. 47. Supply Agreement for Emulsion Oil (SS-1 H) for Street Operations Motion authorizing a three-year supply agreement with Ergon Asphalt & Emulsions Inc., of Austin, Texas, for the purchase of emulsion oil (ss-1h), for the total amount not to exceed $328,366.50. This Motion was recommended to the consent agenda. 48. Interlocal Agreement for Water Line Improvements Resolution authorizing an Interlocal Cooperation Agreement with San Patricio Municipal Water District for water line improvements. This Resolution was recommended to the consent agenda. 49. Interlocal Agreement with Nueces County Water Control and Improvement District#3 Resolution authorizing an Interlocal Agreement with Nueces County Water Control and Improvement District#3 to provide for District to disconnect District water service to customers who are delinquent in City wastewater service payment. This Resolution was recommended to the consent agenda. 50. Resolution Adopting Type A Board Certificate of Amendment Resolution adopting a certificate of amendment for the Corpus Christi Business and Job Development Corporation. This Resolution was recommended to regular agenda. 51. Resolution Adopting Type B Board Certificate of Amendment City of Corpus Christi Page 23 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 Resolution adopting a certificate of amendment for the Corpus Christi B Corporation. This Resolution was recommended to the consent agenda. R. FUTURE CORPORATION MEETING: (ITEMS 52 - 53) 52. Regular Corporation Meeting of the North Padre Island Development Corporation This Corporation Meeting was recommended to be held. 53. Annual Board Meeting of the Corpus Christi Housing Finance Corporation This Corporation Meeting was recommended to be held. S. BRIEFINGS: (ITEM 54) 54. Behavioral Health Center of Nueces County Update Mayor McComb referred to Item 54. Public Health Administrator Dante Gonzalez introduced Mark Hendrix with the Behavioral Health Center of Nueces County. Mr. Hendrix stated that the purpose of this item is to provide an update on the programs being implemented by the Behavioral Health Center of Nueces County. Mr. Hendrix presented the following information:the collaboration between Nueces County, the Nueces County Hospital District and the Behavioral Health Center of Nueces County to fund the creation of three key programs aimed at addressing the issue of mentally ill persons with the criminal justice system;the services provided through Jail-Based Competency Restoration;the goals of the Crisis Intervention Team/Mobile Crisis Outreach Expansion; the Jail Diversion Program;the benefits to the citizens of Corpus Christi; and steps moving forward. Mr. Hendrix requested future consideration of additional funding support from the City. Council members and staff from the Behavioral Health Center of Nueces County discussed the following topics: the funding currently being provided by the City of Corpus Christi; how often the Police Department deals with behavioral issues; Crisis Intervention Training for police officers; the cost and utilization of emergency services; consideration to increase funding for the Behavioral Health Center of Nueces County;the number of repeat individuals incarcerated;the percentage of homeless; the number of individuals that could benefit from the Jail Diversion Program;the benefits of these programs to Corpus Christi; and an invitation to council members to attend a Mental Health First Aid Training Class being held on August 15,2018 and August 21, 2018. T. EXECUTIVE SESSION: (ITEMS 55 - 57) Mayor McComb referred to Executive Session Items 55 and 57. The Council went into executive session at 6:03 p.m. The Council returned from executive session at 7:17 p.m. City of Corpus Christi Page 24 Printed on 8/17/2018 City Council Meeting Minutes August 14, 2018 55. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, including potential grants for desalination facilities, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said prospect(s). This E-Session Item was discussed in executive session. 57. Executive session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. This E-Session Item was discussed in executive session. U. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. The following items were identified: a presentation regarding an interactive kiosk for downtown in lieu of wayfinding and a briefing on the maintenance of and funding for the water garden and water fountain on Shoreline Boulevard. V. ADJOURNMENT The meeting was adjourned at 7:22 p.m. City of Corpus Christi Page 25 Printed on 8/17/2018 City Of Corpus Christi PARK AND RECREATION ADVISORY COMMITTEE BOARD DETAILS SIZE 11 Seats The Parks and Recreation Advisory Committee shall advise the City Council TERM LENGTH 2 Years '%I as to all City parks and the buildings OVERVIEW TERM LIMIT 6 Yearstherein, public outdoor recreation areas and centers and any other grounds placed under its purview by the City Manager. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Eleven (1 1)members appointed by the City Council,who are residents of the City F-�'k and serve without compensation for a two-year term beginning August 23,or until their successor is appointed.The Board elects its Chairman. DETAILS CREATION/AUTHORITY Section 2-70,Code of Ordinances.Ord. No. 11046,8/23/72; 16511,9/2/81; 19831, 7/2/87;20294,5/3/88. ............................................................................................................................................................................................................ MEETS 2nd Wednesday of every month,5:30 p.m.,City Hall,3rd Floor Conference Room. -............................................................................................................................................................................................................................................................................................................................ TERM DETAILS Two-year terms. _.............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Parks and Recreation Department _.............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION PARK AND RECREATION ADVISORY COMMITTEE Page 1 of 1 Park and Recreation Advisory Committee August 21,2018 Four(4)vacancies with terms to 8/23/19 and 8/23/20. 1 Robert A.Alvarez PARK AND RECREATION ADVISORY COMMITTEE Resigned District 5 2 08/23/19 Damla Eytemiz PARK AND RECREATION ADVISORY COMMITTEE Resigned District 4 1 08/23/18 Elizabeth Perez PARK AND RECREATION ADVISORY COMMITTEE Exceeded number of allowed absences District 2 1 08/23/19 Carlos Valdez Sr. PARK AND RECREATION ADVISORY COMMITTEE Met six-year service limitation District 2 3 08/23/18 Donnie Contreras PARK AND RECREATION ADVISORY COMMITTEE Active District 3 1 08/23/19 Florence D.East PARK AND RECREATION ADVISORY COMMITTEE Active District 1 1 08/23/19 Mandy Cox PARK AND RECREATION ADVISORY COMMITTEE Active District 4 1 08/23/19 Dotson Lewis Jr. PARK AND RECREATION ADVISORY COMMITTEE Active District 4 3 08/23/20 Amy H McCoy PARK AND RECREATION ADVISORY COMMITTEE Active District 4 2 08/23/20 Alissa Mejia PARK AND RECREATION ADVISORY COMMITTEE Active District 4 1 08/23/19 Jerry Plemons PARK AND RECREATION ADVISORY COMMITTEE Active District 5 2 08/23/20 Park and Recreation Advisory Committee Applicants August 21,2018 Michael J.Bellipanni,III. PARK AND RECREATION ADVISORY COMMITTEE District 5 Disabled 6402 Weber Road B-02 Corpus Christ TX Bobby Broderick PARK AND RECREATION ADVISORY COMMITTEE District U.S.Navy Fast Attack Submarines 4242 Gulfbreeze Blvd Apt 1002 Corpus Christi TX Mark S.Cason PARK AND RECREATION ADVISORY COMMITTEE District Texas Workforce Commission 5858 S.Staples Street Corpus Christi TX Michael Davis PARK AND RECREATION ADVISORY COMMITTEE District 4 American Detail Supply 3601 Apollo Rd Corpus Christi TX Guillermo G.Diaz,III. PARK AND RECREATION ADVISORY COMMITTEE District 2 Corpus Christi Medical Center 3301 South Alameda Corpus Christi TX Paul Dodson PARK AND RECREATION ADVISORY COMMITTEE District Self Corpus Christi TX Brent R.Hess PARK AND RECREATION ADVISORY COMMITTEE District 4 Talisys,Inc. 111 Center Street,Suite 250 Little Rock TX Ida A.Hobbs PARK AND RECREATION ADVISORY COMMITTEE District 5 Corpus Christi Medical Center 7101 SPID Corpus Christi TX Jody Perkes Hughes PARK AND RECREATION ADVISORY COMMITTEE District 2 Retired Teacher Retirement Services(TRS) 1000 Red River Street Austin TX Hannah Husby PARK AND RECREATION ADVISORY COMMITTEE District 2 Corpus Christi Convention and Visitors Bureau 101 N.Shoreline Blvd. Corpus Christi TX Casandra L.Lorentson PARK AND RECREATION ADVISORY COMMITTEE District 5 Texas A&M University-Corpus Christi 6300 Ocean Dr.,Unit 5726 Corpus Christi TX Daniell.Riechers PARK AND RECREATION ADVISORY COMMITTEE District 4 Texas A&M University-Corpus Christi 6300 Ocean Drive,FC1S1E Corpus Christi TX Mark A.Sandoval PARK AND RECREATION ADVISORY COMMITTEE District 2 Corpus Christi Army Depot 308 Creasy ST Corpus Christi TX Hileigh H.Shaw PARK AND RECREATION ADVISORY COMMITTEE Districts Huxley T.Smith PARK AND RECREATION ADVISORY COMMITTEE District Self Corpus Christi TX Twila Stevens PARK AND RECREATION ADVISORY COMMITTEE District Self Corpus Christi TX CITY OF CORPUS CHRISTI Submit Date: Jun 29, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr Michael J Bellipanni Iii Prefix First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 15 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone 6402 Weber Road B-02 Work Address-Street Address and Suite Number Corpus Christ Work Address-City TX Work Address-State Mr Michael J Bellipanni Iii Page 1 of 5 78413 Work Address-Zip Code 361-429-8478 Work Phone Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted HOUSING AUTHORITY: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Corpus Christ Boards No. I'm a Partner with Habitat for Humanity, volunteer as a Peer Support for Veterans Court. Collect furniture & household Items am a member of the Hud-Vash Program for 5 years. continuing my education in Veterans Peer Support. Have a Service Dog named Bandit. Education, Professional and/or Community Activity (Present) I'm involved with Veterans Peer Support, Alcohol & Drug Recovery Community, A Habitat for Humanity Partner. Have been a Texas Peace Officer, Worked in Telecommunication Installation, have been in the US Navy with a Honorable Discharge & 2 Decorations. Why are you interested in serving on a City board, commission or committee? Corpus Christ I want to make the community I live in a better Place. Using my experiences. Lived under a Hud-Vash program for the last 5 years. Think I have personal experiences & contact with people living under the housing programs. I want to see conditions inproved and people get there deserved value in housing. TXC01_8941031_03282018.pdf Please upload any additional supporting documents. Mr Michael J Bellipanni Iii Page 2 of 5 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Mr Michael J Bellipanni Iii Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. n/a Mr Michael J Bellipanni Iii Page 4 of 5 Board-specific questions (if applicable) Mr Michael J Bellipanni Iii Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jul 31, 2018 Application for a City Board, Commission, Committee or Corporation Profile Bobby Broderick First Name Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 13 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone U.S.Navy Fast Attack Submarines Chief of the Boat Job Title 4242 Gulfbreeze Blvd Apt 1002 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Bobby Broderick Page 1 of 5 TX Work Address-State 78402 Work Address-Zip Code CorvetteBobby@iCloud.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) BS, Liberal Arts, The University of the State of New York, 1992. U.S.Navy, Retired, Senior Chief Petty Officer, Submarines. United States Submarine Veterans, Inc. Vice Chairman, Corpus Christi Mayor's Committee for Veterans Affairs. City of Corpus Christi Adopt-A-Park Program for Gulfspray Avenue Park. Why are you interested in serving on a City board, commission or committee? I've spent the last thirteen years of my life living on Corpus Christi's North Beach. This is my home. It's time I gave back to the community that's given me my heart's desire. Demographics Gender W Male Bobby Broderick Page 2 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Bobby Broderick Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. No. Bobby Broderick Page 4 of 5 Board-specific questions (if applicable) Bobby Broderick Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jul 18, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr Mark S Cason Prefix First Name Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 12 years If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Veterans Resource & Referral Texas Workforce Commission Coordinator �nployer �. 5858 S. Staples Street Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mr Mark S Cason Page 1 of 5 TX Work Address-State 78412 Work Address-Zip Code 361-882-7491 Work Phone mark.cason@twc.state.tx.us Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I do not serve on any other City board. Education, Professional and/or Community Activity (Present) I have a BBA in Marketing Management and I am a Navy Veteran. I work at the Workforce Solutions of the Coastal Bend and Golden Cresent offices and I work very closely with the Veterans Round table, community support groups, and volunteer for city events. I am active in the community. Why are you interested in serving on a City board, commission or committee? I am very interested in supporting the City of Corpus Christi and I am proud to call Corpus Christi home. I feel I represent Corpus Christi very well and will be a positive advocate for the community. 2018 Mark_Cason_P R Advisory Committee.doc Upload a Resume Demographics Mr Mark S Cason Page 2 of 5 Gender V Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. fJ I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Mr Mark S Cason Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Mr Mark S Cason Page 4 of 5 Board-specific questions (if applicable) Mr Mark S Cason Page 5 of 5 Mark S. Cason NE&M Career Objective: To be a member of the Parks and Recreation Advisory Committee. Highlights of Qualifications: • Organized and detail oriented professional effectively managing time and priorities. • Excellent trainer: Patient, effective, and motivating addressing a variety of ages,personalities and educational levels. • Effective communicating creatively with people from various cultures, and economic levels. • Personable &persuasive: Proven skill in persevering to solve problems constructively in a timely manner. • Self-confident in making challenging decisions under conditions of heavy stress. • Successful in learning and comprehending new methods,techniques, and procedures. • Knowledge of assessment tools used in workforce center applications • Gifted in building relationships based on trust and integrity. Training &Development Skills • Worked with Veterans providing intensive assistance customizing information for employment opportunities. • Facilitated training initiatives employees in quality service, coaching, and performance management which resulted in an increase in monthly goals • Conducted classes, workshops, and demonstrations providing individual instruction teaching skills focusing on finding employment and personal development. • Utilized a consulting model(needs assessment, design/develop solution, implement, and evaluate)to provide a project lead for company initiatives. • Designed and delivered new employee culture training initiative for 200 employees that successful integrated the company's vision and mission to instill a creative and dynamic culture • Established recognition programs for individual&team improvements supporting the company mission Organizational Skills • Maintained case history records and prepared reports. • Administer program development,implementation, and management,volunteer, staff and/or participant recruitment, supervision,training, and evaluations. • Maintained accurate and complete records as per policies and administrative regulations. • Initiated procedures to grant, modify, deny, or terminate assistance, or make referrals to other agencies. Communication Skills • Communicated with employers, assessing their situations, capabilities, and problems,to determine what services are required to meet their needs. • Communicated resolutions and recommended employment, development, and training options. • Communicated with individuals, families, and communities regarding issues including poverty, unemployment, rehabilitation, social adjustment, and child care. Work Experience: Texas Workforce Commission Corpus Christi,TX Texas Veteran Leadership Resource Coordinator Texas Veterans Commission Dallas, TX Veterans Employer Liaison Workforce Solutions Corpus Christi,TX Business Services, Career Counselor, Facilitator Child Protective Services Corpus Christi, TX Investigator II, Conservatorship Manager T-Mobile Corpus Christi,TX Retail Store Manager Cricket Communications Corpus Christi,TX Director Customer Experience, Sales Manager Education: Career Ready Workforce Certification —Del Mar College, Corpus Christi,TX (2015) B.B.A Degree, Marketing Management -McMurry University,Abilene,TX (1988) Military Service: Unites States Navy-Honorable Discharge (2008) CITY OF CORPUS CHRISTI Submit Date: Feb 02, 2018 Application for a City Board, Commission, Committee or Corporation Profile Michael Davis First Name Last Name Email Address Street Address State City Postal Code What district do you live in? I District 4 8 If yes,how many years? Are you a registered voter? Yes (- No Primary Phone Alternate Phone American Detail Supply _Owner Employer Job Title 3601 Apollo Rd Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Michael Davis Page 1 of 5 78413 Work Address-Zip Code Work E-mail address Preferred Mailing Address W Work Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I have never worked on any city boards or comittees. Education, Professional and/or Community Activity (Present) High School, Some College. Dale Carnegie, and an Eagle Scout Why are you interested in serving on a City board, commission or committee? I would like to be a part of the decision making in the city that I've lived in my whole life and that my business is based out of. I feel it is important for me to help any way I can to better Corpus Christi. Demographics Gender W Male Verification Michael Davis Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Michael Davis Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. n/a Board-specific questions (if applicable) Michael Davis Page 4 of 5 Michael Davis Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Guillermo G Diaz _ III First Name Middle Initial Last Name Suffix Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 30 If yes,how many years? Primary Phone Alternate Phone Corpus Christi Medical Center Volunteer Coordinator Employer Job Title 3301 South Alameda Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Guillermo G Diaz III Page 1 of 5 78411 Work Address-Zip Code 361-761-1416 Work Phone Guillermo.diaz@hcahealthcare.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: DRMC Employee Safety & Security Officer Committee Education, Professional and/or Community Activity (Present) AA, Radio and TV - BA, Business Administration Why are you interested in serving on a City board, commission or committee? Demographics Gender W Male Verification Guillermo G Diaz III Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Guillermo G Diaz III Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r- No Does your employer or your spouse's employer have a City contract? rYes rNo Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r^ No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Guillermo G Diaz III Page 4 of 5 Guillermo G Diaz III Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Paul Dodson First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 39 If yes,how many years? Primary Phone Alternate Phone self attorney Employer Job Title 218 Leming Work Address-Street Address and Suite Number Corpus Christi Work Address-City Tx Work Address-State Paul Dodson Page 1 of 5 78404 Work Address-Zip Code 3613647415 Work Phone paul@pdodson.com Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) University of Texas at Austin (B.A., J.D.) Why are you interested in serving on a City board, commission or committee? Demographics Gender W Male Verification Paul Dodson Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Paul Dodson Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r- No Does your employer or your spouse's employer have a City contract? rYes rNo Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r^ No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Paul Dodson Page 4 of 5 Paul Dodson Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Aug 08, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr. Brent R Hess Prefix First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 7 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Talisys, Inc. Product Manager ,:>yer Job Title 111 Center Street, Suite 250 Work Address-Street Address and Suite Number Little Rock Work Address-City Mr. Brent R Hess Page 1 of 6 AR Work Address-State 72201 Work Address-Zip Code (361) 774-0089 Work Phone brent.hess@talisystech.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? ISLAND STRATEGIC ACTION COMMITTEE: Submitted PARK AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Past member and Chair of the Padre Isle POA Architectural Control Committee. I have served as the District 4 representative on the 2015/16 City Charter Ad Hoc Review Committee. The committee is temporary, serving from September to June, and is commissioned by Council every 5 or so years. The charge of the committee is to review amendments to the City Charter, such as term limits, council pay structure, residential street repair funding, and various changes to the Charter based on feedback from the City Attorney's office. Education, Professional and/or Community Activity (Present) BBA-Finance, Texas Tech University (1986) MBA - University of Phoenix (1997) US Army Reserve, 1982 - 1997 (Staff Sergeant) Island United PAC Member 2012-2013 PIPOA Architectural Control Committee - 2013 to 2018 Why are you interested in serving on a City board, commission or committee? I believe it is important for citizens to be involved in City governance. I believe in volunteerism and am passionate about advancing Corpus Christi by working with City departments, and City Council. Mr. Brent R Hess Page 2 of 6 Brent Hess Resume.doc Upload a Resume Demographics Gender V Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Mr. Brent R Hess Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes ' No Mr. Brent R Hess Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to ISLAND STRATEGIC ACTION COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * W Residential Property Owner (Who owns property and resides on Mustang or Padre Island) Mr. Brent R Hess Page 5 of 6 Mr. Brent R Hess Page 6 of 6 Brent R.Hess SUMMARY Product Manager/Business Analyst experienced in product development, requirements elicitation, client service/account management, and team leadership. I am a self-starter and motivated team player. I thrive under deadlines and can multi-task critical projects. I am skilled in MS Office products (Word, Excel, Outlook, PowerPoint), MS SharePoint, SQL database query,WS FTP, and Visio. EDUCATION • Texas Tech University, BBA Finance July, 1986 • University of Phoenix, MBA October, 1997 PROFESSIONAL EXPERIENCE Product Manager,Customer-Side and Government Reporting Golden,CO and Little Rock,AR Talisys,Inc. October, 2013—Present • I work remotely from my home in Corpus Christi,however I travel often to the Little Rock and Golden offices. • Co-Team Lead for the Customer-Side team. Responsible for regulatory changes and enhancements to a securities brokerage software platform. Customer-Side team is responsible for most back-office applications such as Corporate Actions, Income Processing, Cost Basis, and Tax Reporting. • Work extensively with clients for input into requirements for current and future projects. • Responsible for implementing best practices in back office processing as a service bureau. • Responsible for executing the full software development life cycle of assigned projects. This includes authoring New Product Requests, Business Reviews, and Software Requirement Specifications documents, completing Work Breakdown Structure estimates throughout the Initiating, Planning, Construction,Verification, and Deployment phases, and managing project teams. Director,Product Management Wheat Ridge,Colorado Broadridge Financial Solutions,Inc. May, 2000—October, 2013 • Full-time consultant for Broadridge through Apex Services, Inc.April 1, 2012—October 13, 2013 due to a move from Denver to Corpus Christi. • Product director for a brokerage portfolio accounting and performance reporting(Cost Basis)system used by a number of large and medium sized brokerage firms. The company acts as a service bureau for many broker dealers. Service bureau clients include correspondent clearing firms, full-service brokerage firms, discount brokerages, day trading firms, and small boutique brokerage firms. • Product manager responsible for new client conversions. • Responsible for writing functional specifications to modify or upgrade assigned subsystems. • Manage development project teams during the life-cycle of several competing and time-sensitive projects. Multi-task as necessary to ensure each project moves along as planned. • Write functional requirement matrix documents that are used to map technical and functional requirements. Work closely with Quality Assurance throughout the testing and release phase of my projects. • Work closely with clients for both requirements research prior to finalizing a functional specification, and the beta testing/general software release process. • Prior to 2010, served as the product manager and operational production manager for tax reporting for 18 service bureau firms. Produced over 80 million 1099 forms each year. Filed information returns with the IRS. Maintained close relationships with clients, IRS agents, and outside vendors of tax reporting information and statement services. Brent R.Hess Page 2 Director,Managed Care Denver,Colorado Private Healthcare Systems,Inc. May, 1991—January, 2000 • Director of PPO operations in several states,to include contracting responsibilities for 81500 physicians, 80 hospitals, and over 350,000 members. Primary contract negotiator for assigned markets. Analyzed and reported financial impact of negotiated deals. Team leader for Competitive Reimbursement Project, a tool used to develop hospital and market reimbursement targets based upon competitive information and market equilibrium prices. • Developed and analyzed financial impact of market physician fee schedules. Analyzed impact of ancillary health care facility deals. • Liaison between providers and PHCS'partner insurance carriers. Worked with hospitals,ancillary managers, and physician group managers to help resolve claims and service issues. • Responsible for departmental budget, expense control, and the supervision of department staff. Managed Care Coordinator Denver,Colorado Presbyterian/St.Luke's Health Care System April, 1989—May, 1991 • Negotiated and managed 86 HMO and PPO hospital contracts for a three-hospital system. Analyzed financial impact to hospital revenues that each contract produced, and presented monthly/quarterly financial reports to senior management. • Assisted in the development of a cost accounting and case-mix system. • Acted as a liaison between hospital business office, admissions,and utilization review personnel and the payers. Developed admitting and claims processing policies related to managed care contract fulfillment. • Responsible for maintaining managed care payer information on the hospital's admissions system. Assistant Executive Director—Finance Aurora,Colorado Humana Hospital—Aurora August, 1986—April, 1989 • Directed business office, admissions, accounting, data processing, materials management, and medical records functions. Reviewed month-end close, and prepared variance reports for corporate accounting. • Produced weekly financial projections for Division CFO. Produced Capital Asset ROI models. • Produced annual hospital budget and handled annual physical inventory. Audited cash and controlled drugs each quarter. • Served as Financial Specialist from August, 1986—January, 1988 at Humana Hospital San Antonio. PROFESSIONAL AFFILIATIONS • Certified Information Return Filer(CIRF), National Association of Form 1099 Filers (defunct organization) • Former board member-National Association of Form 1099 Filers • Former Staff Sergeant, U.S.Army Reserve(1982—1997) INTERESTS • Boating/fishing. • Married over 33 years. Father of two grown daughters. • Former Architectural Control Committee member—Padre Isles POA • Former Committee Member: 2015/16 Corpus Christi City Charter Review Committee—Mayor appointment CITY OF CORPUS CHRISTI Submit Date: Feb 02, 2018 Application for a City Board, Commission, Committee or Corporation Profile Ida A Hobbs First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 12 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone RN - Performance Improvement Corpus Christi Medical Center Reviewer ,,,,oyer Job Title 7101 SPID Work Address-Street Address and Suite Number Corpus Christi Work Address-City Ida A Hobbs Page 1 of 5 TX Work Address-State 78412 Work Address-Zip Code ida.hobbs@hcahealthcare.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted LIBRARY BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Previously served on Leadership Committee for Senior Services - 2 yrs as Chair. Termed out Education, Professional and/or Community Activity (Present) RN/BSN Volunteer in Dental Clinic of Timmon's Ministries Member Padre Island Baptist Church CASA Why are you interested in serving on a City board, commission or committee? Enjoyed my previous service on LCSS. Helps to be more in touch with city government Demographics Gender W Female Ida A Hobbs Page 2 of 5 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Ida A Hobbs Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. n/a Ida A Hobbs Page 4 of 5 Board-specific questions (if applicable) Question applies to LIBRARY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Ida A Hobbs Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: May 03, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mrs. Jody _ Perkes Hughes Middle Initial Last Name Email Address Street Address Suite or Apt State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 21/2 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Retired Teacher Retirement Services (TRS) Educational Diagnostician i mployer Job Title 1000 Red River Street Work Address-Street Address and Suite Number Austin Work Address-City Mrs. Jody Perkes Hughes Page 1 of 5 Texas Work Address-State 78701 Work Address-Zip Code (956) 371-0711 Work Phone Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted PARK AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: PALS for City of Corpus Christi Education, Professional and/or Community Activity (Present) M. ED. UT RGV Bachelors UT Edinburg Why are you interested in serving on a City board, commission or committee? I am very much interested in serving on Parks for Corpus Christi. I chaired the Parks, Recreation & Beautification Committee for South Padre Island for 5 years. 2010-2015 and served on that committee for 7 years. I have ought of the box ideas and suggestions! I have also chaired the Ribbon Cutting Committee (Islanders) for South Padre Island Chamber of Commerce from 2010-2015 when we moved to Corpus. JODY PERKES HUGHES.docx Please upload any additional supporting documents. Mrs. Jody Perkes Hughes Page 2 of 5 Demographics Gender 9 Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Mrs. Jody Perkes Hughes Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. No Conflict of Interest Mrs. Jody Perkes Hughes Page 4 of 5 Board-specific questions (if applicable) Mrs. Jody Perkes Hughes Page 5 of 5 IODY PERKES HUGHES Current Positions PALS Committee for Corpus Christi Board of Directors Twin Dolphins Condo Assoc. Ways & Means Chair New Neighbors League CC President Symphony Guild of Corpus Christi Serve on Board of Directors for Corpus Christi Symphony Orchestra Pending Boards: Board of Directors for CC Live CITY OF CORPUS CHRISTI Submit Date: Jul 18, 2018 Application for a City Board, Commission, Committee or Corporation Profile Hannah Husby First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 20 If yes,how many years? Primary Phone Alternate Phone Corpus Christi Convention and Visitors Bureau Special Event Coordinator Employer Job Title 101 N. Shoreline Blvd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Hannah Husby Page 1 of 5 78401 Work Address-Zip Code 826-0624 Work Phone hhusby@visitcorpuschristitx.org Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted ARTS & CULTURAL COMMISSION: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Currently on Corpus Christi Ride-In Theater Committee, Dia de los Muertos Planning Committee and Young Business Professionals Marketing Committee Education, Professional and/or Community Activity (Present) Bachelor's Degree in Recreation, Parks and Tourism Sciences from Texas A&M University. Active in the young professionals community, involved in many different community event logistics committees and will be a great advocate for this committee through my community activities. Why are you interested in serving on a City board, commission or committee? I am a passionate community member who believes in a cleaner, colorful and thriving Corpus Christi. I am interested in serving on this committee to become more involved in Corpus Christi's progress. I believe I can offer this committee a fresh perspective on challenges facing the city and provide insightful solutions to the problems at hand. Hannah Husby Resume.pdf Upload a Resume Hannah Husby Page 2 of 5 Demographics Gender 9 Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Hannah Husby Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. n/a Hannah Husby Page 4 of 5 Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? V Economic Development /Tourism Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Hannah Husby Page 5 of 5 Hannah M. Husby Summary A service minded,personable individual who has a desire to help bring communities together and facilitate programs that require community involvement and increase relationships with the city and its people. Education TEXAS A&M UNIVERSITY- College Station, TX Grad- 9/2015 Bachelor of Science in Recreation, Park and Tourism Sciences • Professional Event Manager Certificate Experience Corpus Christi Convention and Visitors Bureau 2/8/2016- Present Special Events Coordinator • Plan, implement and execute Fiesta de la Flor (event that brings in 55,000 people) • Create,write and publish articles for the Visit Corpus Christi website • Develop, film and publish a weekly segment for Kiii TV called SeeCC • Manager of over 200 vendors at a time for events • Serve on the board for Dia de los Muertos as the Logistics Chair • Generate a monthly event for the community and visitors of the City Corpus Christi Downtown Management District 5/28/2015-2/5/2016 Merchant and Special Events Coordinator • Manage programs and events; BridgeWalk, DINE Downtown, Merchant Association, Facade Improvement grants • Planning committees: Mayor's Council Kite&Bike Festival, Mayor's Big Bang Bash, Surftoberfest, CC Hot Tamale Festival, Downtown Farmers Market Committee (Co-Chair) • Wrote and was awarded Texas Main Street designation • Assist with real estate development, marketing and recruitment • Manage social media,online calendar and website content Advent GX—Community Development Company 11/2014-4/2015 Intern under the Arts and Culture Event Coordinator • Organized and implemented community events for Bryan,TX • Wrote, Designed and Published monthly e-newsletters and weekly blogs • Planning committees: Texas Reds Steak and Grapes Festival, First Friday Art Walk Brazos Valley Young Life-Bryan, TX 4/2013-5/2015 Leader GRUB Burger Bar- College Station, TX 3/2014-8/2014 Host/Cash i er/Wa i tress H-E-B Foundation Camp- Leakey, TX 5/2013-8/2013 Laity Lodge Youth Camp Counselor Benjamin's Surf Shop- Corpus Christ, TX 6/2011-4/2012 Sales Clerk Certifications, Service and Skills • Serve on Downtown Farmers' Market Committee as Co-Chair • Serve on Events Team for Corpus Christi Ride-In Committee • Member of Corpus Christi Young Business Professionals • Produce and Film on camera for weekly segment on KiiiTV • Certified Tourism Ambassador since July-2015 • Computer skills- Proficient in Microsoft Office,WordPress and all channels of Social Media • Language-Spanish Conversation CITY OF CORPUS CHRISTI Submit Date: May 20, 2018 Application for a City Board, Commission, Committee or Corporation Profile Casandra L Lorentson First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 10 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas A&M University-Corpus Christi Communications Manager Employer Job Title 6300 Ocean Dr., Unit 5726 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Casandra L Lorentson Page 1 of 6 Texas Work Address-State 78412 Work Address-Zip Code 361-825-4039 Work Phone casandra.lorentson@tamucc.edu Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not serve on any other City board, commission or committee at this time. This will be my first attempt at applying to get on a City Advisory Committee. Although, I have been involved in the community in the past. I have a long history of volunteering for the National Seashore and Texas Parks and Wildlife. Education, Professional and/or Community Activity (Present) I have a Bachelor of Science in Biology and a Master of Arts in Communication. This combination, I feel, will make me a unique addition to this advisory committee. With my bachelor's degree, I worked as an animal trainer for the Texas State Aquarium, a Biological Science Technician for the National Seashore Turtle Lab and as a Hack Site Attendant for the Peregrine Fund. All three positions gave me an understanding of the uniques wildlife and recreation areas Corpus Christi has to offer. I currently work as a Communications Manager for A&M-Corpus Christi. In this position, I am responsible for promoting the accomplishments of the College of Science and Engineering, the College of Nursing and Health Sciences and the University's Research Institutes. I constantly work with our professors, research scientists and students to help them communicate their work to the community in a way that is easily understood. Casandra L Lorentson Page 2 of 6 Why are you interested in serving on a City board, commission or committee? I have lived in Corpus Christi since 2005 and since I have become more involved with Texas A&M-Corpus Christi, I have learned about the importance of the University/City partnership. For the past several years, I have increasingly felt like Corpus Christi is my town. With its beautiful beaches, the addition of the Oso Wetlands Preserve and the unique animals that call this their home, my appreciation for this City has grown. I would like to be involved with the Parks and Recreation Advisory Committee because I believe this will allow me to help other grow the same appreciation for the outdoors that I have and that I know the rest of the Committee members have. 051318 Casandra_L. Lore_ntson_Resume.pdf Upload a Resume Casandra_Lorentson_Recommendation.pdf Please upload any additional supporting documents. Demographics Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Casandra L Lorentson Page 3 of 6 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-- No Casandra L Lorentson Page 4 of 6 Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r., No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (:- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes t. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I work for Texas A&M University-Corpus Christi and I am sure the University and the City have contracts with each other but I do not have any connections with contracts. My husband works for Urban Engineering but he does not have any say in contracts either. Board-specific questions (if applicable) Casandra L Lorentson Page 5 of 6 Casandra L Lorentson Page 6 of 6 City of Corpus Christi 1201 Leopard St. Dear Corpus Christi City Officials, Please accept this letter of support for Casandra Lorentson's application to join the Parks and Recreation Advisory Committee. I have known Casandra as a fellow communications professional locally for nearly five years now. During that time, she has impressed me with her strong communication skills, intelligence, and motivation to take initiative.These qualities are crucial to being an effective PRAC member. If the Parks and Recreation Department needs anything right now, it's strong communication. Her perspective in this area will be valuable. I believe Casandra is volunteering for the right reasons—a genuine desire to lend her considerable talents to serving her community through helping to improve the parks and recreation system. She will be a solid choice to serve on PRAC. Sincerely, W�AA �61L Alissa Mejia PRAC member 2016-present t 0 HE NT S 0 N CASAN • ♦ COMMUNICATIONS MANAGER & GOAL CONQUEROR STATEMENT OF INTENT I am a former animal trainer, a former Director of Development and a constant goal conqueror! I have held many different jobs in the past and I am excited to be able to use my unique experiences to help the Parks and Recreations Advisory Committee get more people to enjoy the outdoors. P R O F E S S I O N A L E X P E R I E N C E Communications Manager . Creates and supervises the creation of content for the University's digital, print Texas A&M-Corpus Christi and social media platforms. Sept. 2o16 - Present . Develops new uses, strategies, and tools for storytelling and presentation using video, print and web content. Supports aspects of University-wide communications efforts including, but not limited to, research, writing, editing, and proofreading services. . Establishes and maintains communication networks with the university departments and campus organizations. . Preps University representatives for public appearances, including interviews and public speeches. . Monitors communications-related analytics. . Provides media relations. Supports the University's crisis communications team. Director of Development-Liberal . Worked closely with the College Dean to create and implement a strategic Arts fundraising plan. Texas A&M-Corpus Christi • Served as liaison between office of Marketing and Communications and the Aug. 2015 - Sept. 2o16 College. Communications Assistant . Collaborated with full-time staff to write press releases and media alerts. Texas A&M-Corpus Christi . Interviewed professors and students to gather publication information. Sept. 2013 - Aug. 2015 Seasonal Biological Science . Communicated directly with top leadership including the Department Chief, Technician Dr. Donna Shaver. National Park Service . Managed daily logistics including but not limited to dispatching beach March. 2013 - Oct. 2013 patrollers, gear and vehicle preparations as well as troubleshooting issues as they arose. Hack Site Attendant Fed and observed behavior of 13 fledgling Northern Aplomado Falcons The Peregrine Fund Maintained detailed field notes of all observable falcon behaviors and July 2013 - Sept. 2013 interactions. Compiled all field notes into an 18 page hack site report. E D U C A T I O N A F F I L I A T I O N S R E F E R E N C E S 2o16 Master of Arts in Communication Young Business Professionals of Ashley Larrabee Texas A&M University-Corpus Christi the Coastal Bend Texas A&M-Corpus Christi ..:Yi-k: 3.9 Zoog Bachelor of Science, Major in Animal Biology Dr. Michelle Maresh-Fuehrer Texas A&M University-Corpus Christi Public Relations Society of Texas A&M-Corpus Christi America - Member 2016 - Prese-' CITY OF CORPUS CHRISTI Submit Date: Aug 14, 2018 Application for a City Board, Commission, Committee or Corporation Profile Daniel J. Riechers First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 4 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas A&M University - Corpus Senior Research Development Christi Officer Employer 6300 Ocean Drive, FC151 E Work Address-Street Address and Suite Number Corpus Christi Work Address-City Daniel J. Riechers Page 1 of 5 Texas Work Address-State 78412 Work Address-Zip Code 3618252823 Work Phone daniel.riechers@tamucc.edu Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted REGIONAL HEALTH AWARENESS BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NA Education, Professional and/or Community Activity (Present) Degree in progress-- PhD in Technical Communication and Rhetoric, Texas Tech University, Lubbock, TX (online). M.S. in Technical Communication, NCSU (2011), M.A. in Literature, University of Minnesota (2005). Why are you interested in serving on a City board, commission or committee? To help make Corpus Christi a better place for all of its citizens. RiechersCV.pdf Upload a Resume Daniel J. Riechers Page 2 of 5 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Daniel J. Riechers Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I work for Texas A&M University - Corpus Christi. that institution has relationships with the city, but I do not believe that it has any contracts. Before accepting a board position, I would ask for confirmation from the city/board chairperson. Daniel J. Riechers Page 4 of 5 Board-specific questions (if applicable) Question applies to WATER RESOURCES ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * W Residential Customer and Home Owner of City's Water System Daniel J. Riechers Page 5 of 5 Daniel J. Riechers I Curriculum Vita updated 09.10.17 Senior Research Development Officer and PhD Student Education: PhD student,Technical Communication and Rhetoric Concentration: Rhetoric of Science,Technology,and Medicine Texas Tech University,Lubbock,TX Expected 2020 Master of Science,Technical Communication Concentration: Science Journalism North Carolina State University,Raleigh,North Carolina May 2011 Master of Arts,English Literature; Minors: Rhetoric,History of Science and Technology The University of Minnesota,Minneapolis,Minnesota June 2005 Bachelor of Liberal Studies; minor: English Literature The University of Wisconsin Oshkosh, Oshkosh,Wisconsin June 2001 Associate of Applied Science,Avionics Technology Fox Valley Technical College,Oshkosh,Wisconsin June 1996 Experience: Academic 8/15-5/16 Adjunct English Instructor Texas A&M University—Corpus Christi Corpus Christi,TX Courses: Composition 1,English 1301 1/12-5/13 English Instructor Wake Technical Community College Raleigh,North Carolina Courses: Freshman Composition, English 111 1/o6-12/o6 English Instructor&Writing Durham Technical Community College Tutor Durham,North Carolina Courses: Freshman Composition,English 111 Developmental English,English o90 2002-2005 English Instructor&Teaching University of Minnesota—Twin Cities Assistant Minneapolis,Minnesota Courses: Composition,English 1301 Black Female Writers in the U.S., English 3592(T.A.) Industry 2011 -present Writer and Editor Freelance 9/14-present Senior Research Development Texas A&M University—Corpus Christi Officer Corpus Christi,TX 9/13-8/14 Senior Technical Writer Nordson Corporation,Amherst,OH Daniel J. Riechers Curriculum Vita updated 09.10.17 6/o8-8/13 Technical Publications Manager Eaton Corporation Raleigh,North Carolina 4/07-5/o8 Technical Instructor Eaton Corporation Raleigh,North Carolina 3/o6-4/07 Senior Editorial Assistant and Duke Magazine, Duke University Advertising Manager Durham,North Carolina 10/05-3/o6 Professional/Administrative Duke Magazine, Duke University Temporary Employee Durham,North Carolina 1998-2002 Avionics Technician Gulfstream Aerospace,Inc. Appleton,Wisconsin 1991-1998 Aircraft Propulsion Technician Air National Guard 1996- 1998 Avionics Bench Technician Avionics Specialist,Inc.,Memphis,TN Selected Publications: Creative Borrenpohl,N.,Hunt,L.,McCauley,A.K.,&Riechers,D.J. (2017,February-August).Futurescapes [Interactive multimedia exhibit].The TTU Humanities Center,Lubbock,TX.Exhibited on campus and at the Museum of Texas Tech. Technical Communication iTRAX Electronic Pressure Regulator: Customer Product Manual.(2014).iTRAX Electronic Pressure Regulator.Nordson Corporation,Amherst,OH.Retrieved from http://emanuals.nordson.com/finishing/files/Cont-Liq/1604922.pdf Eaton 9390 UPS Service Manual(80o pages).(2013).Eaton 9390 UPS.Eaton Corporation, Raleigh,NC. Dell UPS and EBM Quick Start Guide(2 pages).(2012).Dell UPS and EBM.Eaton Corporation,Raleigh, NC. Journalism Riechers,D.J.(2014, February 26)."Riverkeeper: DENR Slow to Act as Riverwood Development Pollutes." The Raleigh Public Record. Retrieved from http://raleighpublicrecord.org/environment-news/2o 14/02/26/riverkeeper-denr-slow-to-act-as- riverwood-development-pollutes/ ---. (2013,January 13). "Residents May See Higher Wastewater Rates." The Raleigh Public Record. Retrieved from http://raleighpublierecord.org/news/2013/01/21/residents-may-see-higher- wastewater-rates-with-plant-expansion/ ---.(2012,September 24)."Central Prison Leaking Fuel Into Rocky Branch Creek." WRAL. Retrieved from http://www.wral.com/central-prison-leaking-fuel-into-rocky-branch-creek/11583935/ ---.(2012,August 20)."Raleigh Sues the State to Protect Water Supply." The Raleigh Public Record. Retrieved from http://www.indyweek.com/indyweek/durham-to-post-new-signs-advising-falls- lake-beachgoers/Content?oid=2468707 ---.(2011,May 18)."Durham to Post New Signs Advising Falls Lake Beach Goers."The Independent Weekly. Retrieved from http://www.indyweek.com/indyweek/durham-to-post-new-signs- advising-falls-lake-beachgoers/Content?oid=24687a7 ---.(2011,May 4)."Who's Responsible for the Falls Lake Mess?"The Independent Weekly. Retrieved from http://www.indyweek.com/indyweek/whos-responsible-for-the-falls-lake- mess/Content?oid=2441223 Daniel J. Riechers I Curriculum Vita updated 09.10.17 Marketing Division of Research,Commercialization and Outreach Annual Report.(2016,2017). Division of Research,Commercialization and Outreach,Texas A&M University-Corpus Christi,Corpus Christi,TX. Research Development and Commercialization Brochure.(2o16).Division of Research, Commercialization and Outreach,Texas A&M University-Corpus Christi,Corpus Christi,TX. Conferences Presentations and Invited Talks: • Using Cohorts as a Model for Student Engagement and Retention in Graduate Technical Communication Programs,roundtable presentation,Council for Programs in Technical and Scientific Communication,October 4-8, 2017 • Communicating Epidemiology:Transforming a Region with Data to Enable Public Health Action, poster presentation,Association for Computing Machinery Special Interest Group for Design of Communication,Student Research Competition,August 11-14,2017 • Workshop Participant,Binational Perspectives on Gulf of Mexico Sustainability,San Miguel de Allende,Mexico,March 8-10,2017 • Guest lecturer for ENG 520: Science Writing for the Media at NCSU,October 2011 • "Implementing Editing Peer Review with Writer-Editors"presented at the STC Summit in Sacramento,CA,as part of the Technical Editing SIG progression,May 2011 Funders: • National Science Foundation • Spencer Foundation • National Endowment for the • Hogg Foundation Humanities • Texas Sea Grant • National Endowment for the Arts • Texas Commission on the Arts • National Institutes of Health • Environmental Protection Agency • National Oceanic and Atmospheric • SummerLee Foundation Administration • American Library Association • Department of Defense • NASA • Office of Naval Research • Humanities Texas • Robert Wood Johnson Foundation • DHS/HHRS Grants Supported: National Science Foundation Other • STEM+C(pending) • EPA Environmental Education Grant • DRK-12 (pending) (not awarded) • AISL(pending) • Hogg Foundation(not awarded) • ATE(Awarded,2016, $788,000) • Humanities Texas Small Grant • CAREER,(Awarded, 2o16, $46o,000) (Awarded,2016, $6,000) • MRI,(Awarded, 2o16, $681,000), • NEA Fellowship(poetry,not awarded) (Awarded,2015, $540,000) • NIH SCORE(not awarded) • Science Learning+ (not awarded) • NOAA BAA(not awarded) • Spencer Foundation Small Research National Endowmentfor the Grants(not awarded) Humanities • Substance Abuse and Mental Health • NEH Fellowships(Awarded,2017, Services Administration(Awarded, $50,400) 2o16, $300,000) • NEH Awards for Faculty at Hispanic • Teagle Foundation Serving Institutions(not awarded) • Texas Commission on the Arts • NEH Humanities Initiatives at • Texas Sea Grant(numerous, $1m+) Hispanic-Serving Institutions(not • U.S.Economic Development awarded),(pending) Administration,EDA Grant(not • NEH Summer Stipend(Awarded,2o16, awarded) $6,000) Daniel J. Riechers I Curriculum Vita updated 09.10.17 Workshops Led: • Career Planning for Faculty • Finding Funding Opportunities • Understanding Research Funding (multidisciplinary) Agencies • Project Management for Academics • Analyzing Calls for Proposals • Center for Faculty Excellence Research • Finding Funding Opportunities in the Development Workshop for New Faculty Humanities Funding: • Travel Award,Student Research Competition,ACM SIGDOC, $500 Academic Memberships: • Association for Computing Machinery • Society for Technical Communication • National Council of Teachers of English • National Association of Science Writers Professional Development Attended: • Broader Impacts Workshop,2017 • NORDP Research Development Best • NIH Grant Writing Practices,2015 • Canvas Business Model • Qualtrics,2015 • Project Management Fundamentals • Certificate of Professional Development • Project Management Applications in Best Practices for Online Course • NORDP Growing the Research Design,2015 Enterprise: `Speed-Networking',2105 • Grant Writing Service: Academic • College of Education and Human Development Dean Search Committee(2016-17) • Technical and Professional Writing Program Advisory Committee(2014-2016) • College of Liberal Arts Dean Search Committee(2015-16) ProfessionallIndustry • Development and Management of the annual Faculty Research Development Program(2014- 2017) • Judge,Haas Writing Awards for Students(2017,2016, 2015) • Chair,Division of Research,Commercialization and Outreach website redesign committee • Volunteer for the Cleveland Ohio chapter of STC,2013-2014 • Director at Large of the STC-Carolina Chapter, 2012 —2013 • Treasurer for the Technical Editing Special Interest Group of the STC,2012 —2013 • Judge for the Society for Technical Communication Competition, 2009—2013 Recognition: • Story of the Year, "Central Prison Fuel Leak,"Raleigh Public Record,2012 • New volunteer of the year,STC Technical Editing Special Interest Group, 2012 • Society for Technical Communication Competitions,Carolina Chapter,Merit and Excellence Awards for publications, 2009 and 2010 CITY OF CORPUS CHRISTI Submit Date: Feb 08, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mark A Sandoval First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 6 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Senior Aircraft Accident Corpus Christi Army Depot Investigator >yer 308 Creasy ST Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mark A Sandoval Page 1 of 5 TX Work Address-State 78419 Work Address-Zip Code 3619616965 Work Phone mark.a.sandova14.civ@ mail.miI Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) AAS, University of Southern California certificate in Aviation Safety and Security, no present community Activity Why are you interested in serving on a City board, commission or committee? Interested in volunteering in my community. resume city board.pdf Upload a Resume Demographics Mark A Sandoval Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Mark A Sandoval Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I did not answer yes to any of the questions above. Mark A Sandoval Page 4 of 5 Board-specific questions (if applicable) Mark A Sandoval Page 5 of 5 Mark Anthony Sandoval WORK EXPERIENCE 03/11/13 TO PRESENT. 40HRS PER WEEK. SENIOR AVIATION ACCIDENT INVESTIGATOR, GS-1801-12 CCAD, P34CO3 SUPERVISOR: MR. CAUSEY 361-961-6444 I participate in operations and investigations involving complex aircraft and there systems. I recognize safety hazards or potentially dangerous conditions to make recommendations for immediate remedial action. I conduct quality equipment failure analysis on projects involving current and modified weapon systems. I develop, arrange, and monitor laboratory studies and tests of failed or malfunctioning parts to isolate the causes of failure. I provide technical guidance and safety recommendations to junior investigators and maintenance team members during the initial accident investigation and recovery. I provide technical guidance during the disassembly process of the crash damaged and/or Product Quality Deficiency Report(PQDR)Projects. I have testified both in person and by deposition in litigation regarding personal observations made during investigations and content or published reports. I have meet and dealt with the public and media tactfully and effectively under difficult circumstances. I deal impartially and diplomatically with individuals or groups of varying interests in the conduct of their work or to fulfill a particular mission. I utilize judgment and initiative in guiding junior investigators to accomplish required duties. I keep supervisors apprised of progress and of potentially controversial matters. I establish plans of action and milestones to ensure a group can achieve its goals on time. 10/11/09 TO 03/10/13. 40HRS PER WEEK. AIR SAFETY INVESTIGATOR(FAILURE ANALYSIS), GS-1815-11 CCAD 09/03/06 TO 10/10/09. 40HRS PER WEEK. A/C PNEUDRAULIC SYSTEMS EXAMINER, WD 8268-06. CCAD 1 10/31/04 TO 09/03/06. 40HRS PER WEEK. A/C QUALITY INSPECTOR, WG 8268-11. CCAD 09/21/03 TO 10/31/04. 40HRS PER WEEK. A/C JOURNEYMAN, WG 8268-10. CCAD 04/09/01 TO 9/21/03. 40HRS PER WEEK. A/C MECHANIC WG 8268-8. CCAD 10/94 TO 10/99. CH-53E/MH-53E HELICOPTER CREW CHIEF/MECHANIC. SGT/E-5. UNITED STATES MARINE CORPS, JACKSONVILLE,NC. HMT-302, FLIGHT LINE. HONORABLE DISCHARGE Education: Graduated High School at Gregory Portland ISD class of 1993 Associate in Occupational Safety & Health from Del Mar College USC Viterbi School of Engineering, Aviation Safety and Security Program, Certificate Number 1649 Training: USMC Course:0210 Terrorism Counteraction, 10 HRS. Navy Course:D-555-0023 Naval Aviation Dispersed Tech PUBS, 16 HRS. Navy Course:N-701-0013 Aircraft Corrosion Control,40 HRS. USMC Course: 67V Basic Helicopter Class Al,5 weeks 4 days. Navy Course:M-601-2723 CH-53E Plane Captain/Crew Chief, 10 weeks. Navy Course:C-602-9456 CH-53 HELO MECH Integrated ORG Maintenance, 12 weeks. Navy Course:Q-050-1500 Aircrewman Candidate Class A,5 weeks. USMC Course:WPR Crew Chief Training CH-53E,20 weeks. USMC Course:90N HELO MECH Power Plants&Related CH-53 OMA, 16 weeks 4 days. Navy Course:B-9E-1232 Naval Aviation Water Survival Program N7, 10 HRS. Navy Course:C-600-2010 Basic HELO Class Al,4 weeks 1 day. Awards: Awarded the Secretary of Defense Medal for the Global War on Terrorism. One Army Achievement Medal for Civilian Service. Two Meritorious Masts' Good Conduct Medal Two National Defense Medals Meritorious Unit Commendation Letters of Appreciation 2 CITY OF CORPUS CHRISTI Submit Date: May 17, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mrs. Hileigh H Shaw Prefix First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? r Yes r No perspective to parks and recreation If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Mrs. Hileigh H Shaw Page 1 of 5 78414 Work Address-Zip Code Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) I graduated Texas Tech University in Lubbock, TX May 2006 with a bachelors degree in Communications and a minor in English. Why are you interested in serving on a City board, commission or committee? I really truly feel that Corpus Christi has immense potential. I feel as though there are things that could be done to improve the overall family community experience, and I believe that I can bring new, exciting, and reasonable improvements to this growing city. I have true intentions, and want nothing more to help grow Corpus in to what I really feel it could be. I am happy to send in a resume in a subsequent email. I have not recovered it since our move in December. Thank you for your time, Hileigh Shaw Demographics Gender W Female Verification Mrs. Hileigh H Shaw Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mrs. Hileigh H Shaw Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. None Board-specific questions (if applicable) Mrs. Hileigh H Shaw Page 4 of 5 Mrs. Hileigh H Shaw Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jul 18, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr Huxley T Smith Prefix First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 39 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Architect Employer Job Title Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mr Huxley T Smith Page 1 of 5 Texas Work Address-State 78412 Work Address-Zip Code HuxleysmithRAS@grandecom.net Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) 6 years previous serving on Parks and Rec Board Why are you interested in serving on a City board, commission or committee? Same interest as I had before I was termed out 2 years ago Demographics Gender W Male Verification Mr Huxley T Smith Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mr Huxley T Smith Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I did not answer YES Board-specific questions (if applicable) Mr Huxley T Smith Page 4 of 5 Mr Huxley T Smith Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Apr 30, 2018 Application for a City Board, Commission, Committee or Corporation Profile Twila Stevens First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 17 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Fitness Instructor Employer Job Title Work Address-Street Address and Suite Number Corpus Christi Work Address-City Twila Stevens Page 1 of 6 Tx Work Address-State 78418 Work Address-Zip Code 210 326-7505 Work Phone twit a@yahoo.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? PARK AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Science Business Trinity University magna cum laude Twila Stevens Page 2 of 6 Why are you interested in serving on a City board, commission or committee? I am interested in serving on the Parks and Recreation Advisory Committee because I feel passionate about our Corpus Christi parks. I grew up in a neighborhood very close to the downtown area of a large city. It was the carefree time spent in nearby parks with my grandfather that created my fondest childhood memories. On family trips, our itinerary has always been built around as many stops at parks as possible, be they National Parks or regional. I treasure the memories of weekends my family drove to the coast, and I spent time with my parents, grandparents, and sisters at North Beach. One of my favorite things about beautiful Corpus Christi is, and always has been, the open green space provided by its many parks. I especially love the parks along the Bay, and the Oso Bay Wetlands Preserve. The smaller neighborhood parks scattered about the City provide respite for the eyes from structure, concrete and asphalt. They offer an opportunity for busy families, even on a weekday after work, to briefly get outdoors close to home for some fresh air, exercise, and much-needed bonding time. Even now, as I'm working in different parts of our City, or driving between appointments, I often prefer to brown bag and pull over in one of our parks for my 20-30 minute lunch break, rather than dining out for lunch and waiting to be served. Just those few moments, spent enjoying the view of open green space, bring my mood and energy up for the rest of the afternoon. All this time spent in parks has not only given me a love of our parks, but I believe it has given me a unique perspective as well. I believe we know best what we spend time on, and I have logged many hours over my lifetime in parks, including our local parks. I have a background in business, including financial accounting, and in real estate. I have training and experience in the fitness field. I believe the combination of those skills, knowledge, and experience may be of benefit to our City, especially in service on the Parks and Recreation Advisory Committee. I would love to use what I have learned, and my enthusiasm for the outdoors, to encourage more people in our fair City to get out and enjoy our parks, and to help find ways to preserve our open spaces for all of us now, and for future generations to come. Demographics Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 1-J I Agree Twila Stevens Page 3 of 6 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-- No Twila Stevens Page 4 of 6 Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r., No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (:- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes t. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Not applicable. Board-specific questions (if applicable) Twila Stevens Page 5 of 6 Twila Stevens Page 6 of 6 SC GO O Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of August 14, 2018 1852 Action Item for the City Council Meeting of August 21, 2018 DATE: July 6, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com First Amendment to a Type A Grant for Texas A&M University—Corpus Christi CAPTION: Motion authorizing the First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Texas A&M University—Corpus Christi ("TAMU-CC)which extends the date for creating programs in civil and industrial engineering until December 31, 2020 and extends the term of the agreement to December 31, 2023. PURPOSE: This amendment allows TAMU-CC more time to get their request through the Higher Education Board for the approval; of these two new engineering programs. It also gives them the next Texas legislative session to try to secure funding for these programs. BACKGROUND AND FINDINGS: The Board approved a grant of$2 million to TAMU-CC to expand their engineering programs to add civil and industrial engineering in August 2016. One of the requirements was that the legislature or Texas A&M must fund the expansion by September 1, 2018 and that is unlikely to occur. The University asks that the Board extend the deadline to December 31, 2020 to get through the next legislative session. The agreement would need to be extended by two years to December 31, 2023 to give sufficient time to build the labs. The graduates of these programs are needed to fill jobs in the City. The grant would go toward building and/or retro-fitting laboratories and purchase of equipment. ALTERNATIVES: The University is not eligible for any other incentives. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Engineering 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: Type A 1140 RECOMMENDATION: Staff recommends approval of the first amendment to the Type A Grant to TAMU-CC which extends the date for creating programs in civil and industrial engineering until December 31 , 2020 and to extend the term of the agreement to December 31 , 2023. LIST OF SUPPORTING DOCUMENTS: Agreement Amendment—TAMU-CC OFFICE of THE PRESIDENT +I� TEXAS A&M UNIVERSITY \t� CORPUS CHRISTI 6300 OCEAN DR1vE,UNIT 5756 Coxrus Cxxlsrl,TEXAS 78412-8756 O 361.825.2621 • F 361.825.5810 June 4, 2018 Dear Members of the Corpus Christi Business and Job Development Corporation Board, On behalf of Texas A&M University-Corpus Christi, I respectfully request a two-year extension of the agreement for Corpus Christi Business and Job Development Corporation funds for the Development of Facilities for the Bachelor of Science in Civil and Industrial Engineering Programs. Per Section 3.e, the Agreement shall automatically terminate if the programs are not funded by TAMU-CC or the Texas Legislature by September 1, 2018. As the programs have not yet been approved, an extension is requested to provide additional time for approval by the Texas Higher Education Coordinating Board. The Texas Higher Education Coordinating Board (THECB)is heavily scrutinizing the addition of any new engineering programs across the state. As a result, TAMU-CC decided to rescind our original submission in 2017 and add increased detail about economic development in the Corpus Christi community and the engineering employment needs in the Coastal Bend region. We had a visit scheduled with THECB Commissioner Raymund Paredes, which unfortunately got suspended until September 2018. Hurricane Harvey, implementation of the State's strategic plan, and new legislative requirements also complicated our initial timeline. We believe that our updated proposal is strong and will be resubmitting our improved request to THECB this summer; however, we cannot control the timeline for program approval, as the THECB has up to a year to make a decision regarding new degree requests. Because these circumstances have affected all engineering programs in the A&M System, we have been closely coordinating with members of the Texas A&M University System administration, including Dr. James Hallmark, vice chancellor of Academic Affairs, and Dr. Kathy Banks, vice chancellor of Engineering. Thank you for your consideration of this extension request. I truly appreciate your continued support of the Island University. Sincerely, Kelly M. Quintanilla AMENDMENT NO. 1 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A&M UNIVERSITY— CORPUS CHRISTI Whereas, on September 20, 2016, the Corpus Christi City Council approved an agreement between the Corpus Christi Business and Job Development Corporation (the "Corporation") and Texas A&M University — Corpus Christi ("TAMU-CC") relating to the creation of degree programs in civil and industrial engineering, which agreement had been approved by the Corporation's Board of Directors (the "Type A Board") on August 15, 2016 (the "Agreement"). Whereas, TAMU-CC is requesting additional time to obtain matching funds and complete the project; and Whereas, the Type A Board wishes to continue the agreement and allow the project to move forward. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1) Paragraph 2 of the Agreement shall be amended to read as follows: 2. Term. The term of this Agreement shall begin on the Effective Date and expire on December 31, 2023. 2) Paragraph 3(e) of the Agreement shall be amended to read as follows: (e) If the programs are not funded by TAMU-CC or the Texas Legislature by December 31, 2020, this Agreement shall automatically terminate. 3) All other terms and conditions of the previously executed Agreement between the parties which are not inconsistent herewith shall continue in full force and effect. This Amendment becomes effective upon execution by all parties and approval of City Council. [Signature Page to Follow] EXECUTED IN DUPLICATE ORIGINALS this -day of 20_, by the authorized representative of the parties. CORPUS CHRISTI BUSINESS & TEXAS A&M UNIVERSITY—CORPUS JOB DEVELOPMENT CORPORATION CHRISTI Bart Braselton Kelly IMI.Vuintailia President President Date: Date: 3 ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Aimee Alcorn-Reed Assistant City Attorney se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 14, 2018 Nc1852Ev Action Item for the City Council Meeting of August 21, 2018 DATE: August 8, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation JayEll@cctexas.com (361) 826-3042 Naming and use of facilities at Water's Edge Park and McGee Beach CAPTION: Resolution approving Agreement with Texas A&M University— Corpus Christi (TAMU-CC) for Naming and use of facilities at Water's Edge Park and McGee Beach PURPOSE: To enter into an agreement with TAMU-CC for Naming and use of facilities at Water's Edge Park and McGee Beach. BACKGROUND AND FINDINGS: Fulton*Coastcon General Contractors made a donation to TAMU-CC for construction and improvements at the Water's Edge Park and at McGee Beach at no additional cost to the City. Upon completion of the improvements and acceptance by the City, the improvements become property of the City. The proposed improvements at McGee Beach will include six (6) sand volleyball courts, three (3) six-foot wide concrete steps including handrails on the existing seawall, three (3)showers located at the bottom of each stairway and one (1) shower located at the overlook pier structure at the bottom of the existing handicap ramp. This area will be known as "Islanders Courts". The proposed improvements at the Water's Edge Park multi-purpose slab area will include a concrete structural support system and an arched metal building roof system. This area will be known as "Islanders Pavilion". Signage for both areas will be donated by Fulton-Coastcon. A flag-pole and lighting will also be donated by Fulton-Coastcon. TAMU-CC will provide the City with an Islanders flag and will be responsible for maintaining and replacing the flag as needed. ALTERNATIVES: Reject the Resolution OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This recommendation conforms to the Park Naming Policy. City Council must approve the names of parks via council action. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Legal, Parks & Recreation Advisory Committee FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): N/A Comments: RECOMMENDATION: Pass a resolution recommending City Council approving Agreement with Texas A&M University — Corpus Christi for naming and use of facilities at Water's Edge Park & McGee Beach. LIST OF SUPPORTING DOCUMENTS: Agreement Resolution Resolution approving Agreement with Texas A&M University—Corpus Christi for Naming and use of facilities at Water's Edge Park and McGee Beach Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute an Agreement with Texas A&M University— Corpus Christi for the naming and use of facilities at Water's Edge Park and McGee Beach. A copy of the agreement is on file in the Office of the City Secretary. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. 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 AGREEMENT FOR NAMING AND USE OF FACILITIES AT WATER'S EDGE PARK AND MCGEE BEACH This Agreement for Naming and Use of Facilities at Water's Edge Park and McGee Beach ("Agreement") is entered into by and between Texas A&M University-Corpus Christi ("TAMU- CC"), a member of The Texas A&M University System, an agency of the state of Texas, and the City of Corpus Christi, Texas, ("City"), concerning improvements at Water's Edge Park and McGee Beach. WHEREAS, City owns, operates, and leases the park and improvements known as the Water's Edge Park and McGee Beach, Corpus Christi, Texas, for various recreational, civic, cultural, sports, and other events and activities; and WHEREAS, Fulton*Coastcon General Contractors ("Contractor") desire to construct and provide improvements at the Water's Edge Park and at McGee Beach at no additional cost to the City as further detailed on attached and incorporated Exhibit A; NOW, THEREFORE, in consideration of the terms, conditions and covenants herein contained, the City and TAMU-CC parties hereby agree as follows. 1. Designated Name. In consideration of, and subject to, City's receipt and acceptance of the final improvements described in attached and incorporated "Exhibit A", the parties agree that the name of the improvements shall be "Islanders Pavilion and Islanders Courts at the Water's Edge Park and McGee Beach"(the"Name")for at least ten(10)years after the date that the improvements are accepted. 2. Construction of Improvements. The construction of the improvements as described in Exhibit A("the Improvements")is subject to execution and completion of separate construction change order agreement between the City and Fulton*Coastcon General Contractors. Upon acceptance of the improvements by the City,the parties agree that the improvements become City property and are owned entirely by the City. The City acknowledges that TAMU-CC shall have no liability for upkeep or damages to the Improvements, nor injuries which may occur associated with the Improvements, other than with TAMU-CC Athletics or TAMU-CC events. 3. Licenses and Approvals. TAMU-CC represents to City that it has obtained all necessary licenses and approvals for this Agreement. TAMU-CC hereby licenses City to use TAMU-CC's wordmark "Islanders" and to subcontract others to manufacture products incorporating or bearing the Name subject to City's compliance with the attached and incorporated Licensing Agreement("Exhibit B"). All such products may be used, consumed,given away, sold or held for sale by City or their agents or sub-licensees. City shall not be obliged to pay or to cause any sub-licensee to pay any royalty or other fee to TAMU-CC with respect to any use of the Name. 4. Signage. City is responsible for all signage at the City Water's Edge Park and McGee Beach, except as otherwise noted herein. TAMU-CC shall not place any signage at the Trademark License—Page 1 City property without prior approval of the City Director of Parks and Recreation. The City shall post the Contractor-donated "Islanders Pavilion" signage at or near the basketball court labeling that structure as the "Islanders Pavilion at the Water's Edge Park and McGee Beach" and shall post the Contractor-donated"Islanders Courts"signage at or near the volleyball courts designating those courts as the "Islanders Courts at the Water's Edge Park and McGee Beach". The Improvements will include a flag pole and lighting for that flag pole. TAMU-CC will provide the City with an Islanders flag as the sole flag to be displayed on that flagpole. TAMU-CC shall be responsible for maintaining the condition of the flag and said signage and replacing the flag and said signage as needed. 5. Use of the Cityproperty. The City Director of Parks and Recreation or designee oversees the use and scheduling of the "Islanders Pavilion and Islanders Courts at the Water's Edge Park and McGee Beach". The City, upon reasonable notice by TAMU-CC, shall provide priority access for Islanders Athletics and TAMU-CC use of both facilities consistent with the City's facility use agreements which shall be executed by TAMU-CC and City prior to such requested use. TAMU-CC and Islanders Athletics will contact the City Director of Parks and Recreation or designee to request said access. City Park and Recreation facility rental fees for TAMU-CC use of the Islanders Pavilion and Islanders Courts at the Water's Edge Park and McGee Beach shall be waived. 6. Notices. Unless otherwise specified herein,any notice required or permitted under this Agreement shall be deemed sufficient if given in writing and personally delivered, sent by overnight express delivery service, or deposited in the United States mail, postage prepaid, by registered or certified mail (return receipt requested) to the party to whom said notice is to be given. Notices delivered in person, or by overnight express delivery service, shall be deemed to be served effective as of the date the notice is delivered. Notices sent by registered or certified mail (return receipt requested) shall be deemed to be served by close of business on the third business day after the date said notice is postmarked to the addressee, postage prepaid. Until changed by written notice given by one party to the other, the addresses of the parties for purposes herein shall be as follows: CITY OF CORPUS CHRISTI: City of Corpus Christi Attn: Director of Parks and Recreation Department Post Office Box 9277 Corpus Christi, Texas 78469 TAMU-CC: Ashley Larrabee, Director of Marketing Phone: 361-825-3020 Fax: 361-986-0712 E-mail: licensing@tamucc.edu edu Trademark License—Page 2 With a Copy To: Director of Contracts & Property 6300 Ocean Drive, MS 5731 Corpus Christi, TX 78412 contracts@tamucc.edu 7. Authorily. Each of the undersigned by the execution hereof represents that he/she has full power, authority and legal right to enter into this Agreement on behalf of the party for whom he/she is executing this Agreement and to consummate the transactions contemplated hereby. 8. Term and Governing Law. This Agreement begins on date of last signature continues for ten (10) years. This Agreement shall be governed by and construed in conformity with the laws of the State of Texas. This Agreement calls for performance in Nueces County, Texas, wherein jurisdiction and venue for any dispute arising out of or related to this Agreement shall lie exclusively. Each party's respective obligations under this Agreement are to be paid out of currentrevenues and are subjectto appropriations of funds during each party's respective budget process. 9. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law; but if any provision or the application thereof to any party or circumstance is prohibited by or invalid under applicable law, that provision shall be ineffective only to the extent of such prohibition or invalidity,without invalidating the remainder of such provision or the remaining provisions of this Agreement or the application of such provision to other parties or circumstances. 10. Non-Waiver. No delay or omission of any party to exercise rights or powers under this Agreement shall impair any such right or power or shall be construed to be a waiver of any default. No waiver of any default shall be construed, taken, or held to be a waiver of any other default, or waiver or consent to any further or succeeding default of the same nature. 11. Successors and Assigns. This Agreement and all of the terms and provisions hereof shall be binding upon and shall inure to the benefit of each of the parties hereto and their respective legal representatives, heirs, successors, and assigns. 12. Approval by City. TAMU-CC agrees that this Agreement and all provisions thereof shall be subject to City's approval at City's sole discretion. This Agreement shall not be made valid, final and binding unless approved by the City Council as indicated by authorized signature of City's representative below. 13. Entire Agreement. This Agreement contains the entire understanding between the parties and supersedes any prior understandings and written or oral agreements between them respecting this subject matter. There are no representations, agreements, arrangements, or understandings,oral or written,between the parties relating to the subject matter of this Agreement that are not fully expressed in this Agreement. Trademark License—Page 3 EXECUTED by TAMU-CC and City on the days and year noted below, in duplicate copies, each of which shall be deemed an original. CITY OF CORPUS CHRISTI BY: Name: Title: Date: TEXAS A&M UNIVERSITY-CORPUS CHRISTI By: Name: Title: Date: Trademark License—Page 4 EXHIBIT A IMPROVEMENTS TO BE CONSTRUCTED AND NAMED City, through its agreement with Fulton*Coastcon General Contractors, will receive the following donated improvements to the Water's Edge Park and McGee Beach: 1. Six (6) sand volleyball courts placed on the existing McGee Beach. The scope of work will include nets,pole systems,pole pads, and lines. 2. Three (3) six-foot wide concrete steps to be poured on the existing seawall, including handrails 3. Three (3) showers located at the bottom of each stairway and one (1) shower located at the overlook pier structure at the bottom of the existing handicap ramp. 4. Concrete structural support system and an arched metal building roof system to be placed over the existing multi-purpose slab. 5. University signage as follows (see renderings below): a. Islanders Courts signage, b. Islanders Pavilion signage at multi-purpose slab, c. Thirty-foot flagpole with Islanders flag with lighting for 24-hour display. t am ►,user' ������d/� - z - Trademark License—Page 5 �a • .� r TEXAS A&M UNIVERSITY Co"us �y`HRLSTI EXHIBIT B LICENSE AGREEMENT This License Agreement("Agreement")is entered into effective as of the last day of execution by both of the parties hereto, who agree as follows in consideration of the mutual promises contained herein: 1. Parties 1.1 Texas A&M University-Corpus Christi ("TAMU-CC"), a member of The Texas A&M University System, an agency of the state of Texas. 1.2 City of Corpus Christi, a Texas home rule municipality. ("LICENSEE"). 2. Background 2.1 Since at least as early as 1947, TAMU-CC has used the multiple marks in connection with educational services and later as a secondary source designator for a wide range of goods and services. (hereinafter collectively referred to as the "TAMU-CC MARKS"). 2.2 LICENSEE recognizes the goodwill appurtenant to use and/or ownership of the TAMU-CC MARKS and desires to obtain a license to utilize the variations of the TAMU-CC MARKS shown in Attachment A for the Islanders Pavilion and the Islanders Courts located in downtown Corpus Christi, Texas at the Water's Edge Park and McGee Beach. TAMU-CC is willing to grant such a license under the terms and conditions of this Agreement. 3. Definitions 3.1 MARKS includes names, trademarks and service marks. Trademark License—Page 8 3.2 LICENSED MARKS means those names and marks identified in Attachment A. 3.3 LICENSED GOODS AND SERVICES means the goods and services identified in Attachment B along with example uses of the LICENSED MARKS as also shown in Attachment B, all of which may be amended from time-to-time by further agreement of the parties hereto. 3.4 TERRITORY means the United States and its territories. 3.5 EFFECTIVE DATE means the date specified in the first paragraph of this Agreement. 3.6 TERM means the effective period of this Agreement,which shall commence on the EFFECTIVE DATE and which shall continue for ten(10)years unless sooner terminated pursuant to the provisions of this Agreement. 3.7 QUALITY means an acceptable level of quality to TAMU-CC. QUALITY for LICENSED GOODS AND SERVICES is more specifically defined in Paragraph 10.1 hereof. 4. License Grant 4.1 Subject to the terms and conditions of this Agreement, TAMU-CC grants to LICENSEE the right and license to utilize the LICENSED MARKS for the Islanders Pavilion and the Islanders Courts which is described above in Section 2.2 in the TERRITORY on and in connection with the LICENSED GOODS AND SERVICES of QUALITY during the TERM hereof. 4.2 TAMU-CC shall have the right, in its discretion, to enforce rights in the TAMU- CC MARKS (including the LICENSED MARKS) against uses that it believes are likely to cause confusion. In the event that LICENSEE discovers a use that it believes is likely to cause confusion Trademark License—Page 9 with the LICENSED MARKS, LICENSEE shall inform TAMU-CC fully and the reasons for such belief. 5. Pam Use of Licensed Marks by LICENSEE in conjunction with the LICENCED GOODS AND SERVICES shall be royalty-free. 6. Default, Termination 6.1 In the event that LICENSEE fails to comply with the terms of this Agreement, TAMU-CC may serve LICENSEE with a notice of default specifying the nature of the violation and reasonable means for curing such default. If the violation is not cured within thirty (30) days from service of the notice of default, TAMU-CC may then serve a Notice of Termination, and this Agreement shall be automatically terminated upon service of said Notice of Termination. For alleged breaches of QUALITY, the terms of Paragraphs 10.1, 10.2, and 10.3 relating to cure and termination shall apply. 6.2 Either TAMU-CC or LICENSEE may terminate this Agreement at any time (whether with or without cause) after serving upon the other two (2) months' Notice of Intent to Terminate. In such event, this Agreement shall be automatically terminated two (2)months after service of said Notice of Intent to Terminate. 6.3 Unless sooner terminated pursuant to the above provisions, or pursuant to the provisions relating to QUALITY, this Agreement shall remain in effect throughout the TERM described in Paragraph 3.6 above. 7. Effect Of Termination 7.1 Upon termination of this Agreement, all rights granted to LICENSEE hereunder shall cease;provided however that LICENSEE shall be entitled to continue to use,royalty-free, its Trademark License—Page 10 name, logo, and other uses of the LICENSED MARKS in accordance with this Agreement for a period of 120 days while engaging in good faith efforts to wind up its use of such LICENSED MARKS. LICENSEE will otherwise refrain from further use of the LICENSED MARKS in connection with the offering, or promotion of goods or services. LICENSEE acknowledges that failure to comply with this provision will result in immediate and irreparable harm affording injunctive and any and all other appropriate relief to TAMU-CC. 7.2 Upon termination of this Agreement pursuant to Paragraph 6.1, LICENSEE hereby assigns all of its rights under this Agreement to TAMU-CC for no further consideration or compensation above and beyond the mutual promises contained in this Agreement. 8. Personal License 8.1 The license granted to LICENSEE is personal, and no rights hereunder may be transferred by LICENSEE without the express written approval of TAMU-CC. 9. Goodwill In Licensed Marks 9.1 LICENSEE agrees that the essence of this Agreement is founded on the goodwill associated with the LICENSED MARKS and the value of that goodwill in the minds of the consuming public. LICENSEE agrees that it is critical that such goodwill be protected and enhanced, and, toward this end, LICENSEE shall exercise good faith efforts to not take action during the TERM or thereafter to: (a) attack the title or any rights of TAMU-CC in or to the LICENSED MARKS; (b) apply to register or maintain any application or registration of the LICENSED MARKS or any other name or mark confusingly similar thereto in any jurisdiction, domestic or foreign; (c) misuse the LICENSED MARKS; Trademark License—Page 11 (d) bring the LICENSED MARKS into public disrepute; (e) destroy or diminish the goodwill in the LICENSED MARKS. 9.2 All use by LICENSEE of the LICENSED MARKS during the TERM and in the TERRITORY inures to the benefit of TAMU-CC. 9.3 LICENSEE agrees to cooperate,to the extent reasonable and permitted by law,with TAMU-CC in maintaining the goodwill of TAMU-CC in the LICENSED MARKS. 10. Quality Control 10.1 All goods and services offered by LICENSEE under the LICENSED MARKS shall be QUALITY goods and services. TAMU-CC acknowledges that the level of quality of the goods and services offered by LICENSEE to date represents an acceptable level of QUALITY under this license. LICENSEE agrees that it will,in the future, maintain or exceed its current level of quality for the goods and services offered under the LICENSED MARKS. 10.2 To enable TAMU-CC to confirm that QUALITY is being maintained, LICENSEE agrees to include a person specified by TAMU-CC on its mailing list for printed or electronic marketing materials that bear the LICENSED MARKS and that are representative of the types of materials LICENSEE uses for marketing its goods or services. LICENSEE shall also provide drafts of all printed or electronic marketing materials to the TAMU-CC contact listed in Section 13 at least ten (10) business days prior to printing and/or distribution for approval by TAMU-CC. Should TAMU-CC fail to respond within ten (10) business of receipt of the notice, the printed and/or electronic marketing materials shall be deemed accepted. 10.3 In the event that TAMU-CC believes that LICENSEE has failed to maintain QUALITY,TAMU-CC shall provide written notice to LICENSEE, stating with specificity the Trademark License—Page 12 manner in which TAMU-CC believes that LICENSEE has failed to maintain QUALITY and further specifying reasonable steps or means by which LICENSEE may cure the alleged substandard QUALITY. LICENSEE shall have thirty (30)days after receipt of such notice in which to respond to the complaint of TAMU-CC by (1) agreeing to cease the accused activity, (2) complying with the reasonable steps or means for cure, or (3) providing in writing either (a)an explanation of how the accused activity is consistent with the level of quality in existence at the time of entry of this Agreement or (b) a proposal for otherwise modifying the accused activity in a manner consistent with QUALITY. If LICENSEE fails to cure pursuant to the foregoing clauses (1), (2), or (3) or to otherwise respond within thirty (30) days, TAMU-CC may, at its discretion, terminate this License Agreement. If LICENSEE provides a written explanation or proposal pursuant to the foregoing clause(3), TAMU-CC shall have thirty (30) days to respond by (1) accepting the explanation or proposal or(2) answering the explanation or proposal with a written statement of why the explanation or proposal is not acceptable. If TAMU-CC responds by such a written statement, the parties shall have thirty (30) days after receipt by LICENSEE of the written statement of why the explanation or proposal is not acceptable in which to agree upon reasonable means for maintaining QUALITY. If the parties are unable to agree within the thirty (30) days, TAMU-CC may terminate this License Agreement. 11. Marking LICENSEE shall be required to designate the LICENSED GOODS AND SERVICES to indicate the rights of TAMU-CC in the LICENSED MARKS. TAMU-CC shall notify LICENSEE in writing of any such requirement and provide LICENSEE a copy of the applicable registration. Trademark License—Page 13 12. No Liability 12.1 LICENSEE agrees that it is wholly responsible for all goods and services offered by it, including all LICENSED SERVICES, and that TAMU-CC shall have no liability for any items or services offered by LICENSEE, including any LICENSED GOODS AND SERVICES. 13. Notices Any notice required or permitted under this Agreement must be in writing and shall be deemed to be delivered(whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may also be given by regular mail,personal delivery, courier delivery, facsimile transmission, email or other commercially reasonably means and will be effective when actually received. TAMU-CC and LICENSEE can change their respective notice address by sending to the other party a notice of the new address. Notices should be addressed as follows: TAMU-CC: Ashley Larrabee, Director of Marketing Phone: 361-825-3020 Fax: 361-986-0712 E-mail: licensingktamucc.edu With a Copy to: Director of Contracts & Property 6300 Ocean Drive,MS 5731 Corpus Christi, TX 78412 contracts@tamucc.edu LICENSEE: City of Corpus Christi Attn: Director of Parks & Recreation 1201 Leopard Street Corpus Christi, Texas 78401 Phone: (361) 826-3640 Trademark License—Page 14 14. Status Of Parties This Agreement is not intended to create, and shall not be interpreted or construed as creating, any relationship beyond what is currently provided for in the affiliation agreement, and related documents referenced in that agreement, between TAMU-CC and LICENSEE, and any representation to the contrary shall not be binding upon either party. 15. Binding Effect 15.1 This Agreement shall be binding upon and inure to the benefit of TAMU-CC and LICENSEE and their respective successors, assigns, executors, heirs, and personal representatives. 16. Governing Law and Venue The substantive laws of the State of Texas (and not its conflicts of law principles), USA, govern all matters arising out of or relating to this Agreement and all of the transactions it contemplates. Pursuant to Section 85.18 (b), Texas Education Code, venue for a state court suit filed against The Texas A&M University System, any component of The Texas A&M University System, or any officer or employee of The Texas A&M University System is in the county in which the primary office of the chief executive officer of the system or component, as applicable, is located. At execution of this Agreement, such county is Nueces County, Texas. Venue for any suit brought against The Texas A&M University System in federal court must be in the Houston Division of the Southern District of Texas. 17. Miscellaneous 17.1 The provisions of this Agreement are severable, and if any provision shall be held illegal, invalid, or unenforceable, such holding shall not affect the legality, validity, or Trademark License—Page 15 enforceability of any other provision. Any such illegal, invalid, or unenforceable provision shall be deemed stricken herefrom as if it had never been contained herein,but all other provisions shall continue in full force and effect. 17.2 This Agreement may not be amended, modified, or rescinded except by a written Agreement executed by TAMU-CC and LICENSEE. This Agreement contains the entire agreement between the parties concerning the subject matter hereof, and supersedes any and all prior agreements, arrangements or understandings between the parties. 17.3 LICENSEE acknowledges that TAMU-CC is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement. 17.4 The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TAMU-CC and LICENSEE to attempt to resolve any claim for breach of contract made by LICENSEE that cannot be resolved in the ordinary course of business. LICENSEE shall submit written notice of a claim of breach of contract under this Chapter to Director of Contracts & Property of TAMU-CC, who shall examine LICENSEE's claim and any counterclaim and negotiate with LICENSEE in an effort to resolve the claim. Trademark License—Page 16 EXECUTED by TAMUCC and LICENSEE on the days and year noted below,in duplicate copies, each of which shall be deemed an original. TEXAS A&M UNIVERSITY—CORPUS CITY OF CORPUS CHRISTI CHRISTI By: By: Name: Name: Date: Date: Trademark License—Page 17 ATTACHMENT A LICENSED MARKS Refer to the Texas A&M University-Corpus Christi Design Guide for approved usage of included name and logos: hlt2:Hdesignguide.tamucc.edu/. For example, requirements are provided for use of name and logos in brochures, other print materials, and other uses. WORD MARKS: 1. Texas A&M University-Corpus Christi 2. Texas A&M-Corpus Christi 3. Texas A&M-Corpus Christi Islanders 4. Islanders DESIGN MARKS: � LAyNn�� ISLANDERS stiA � D � R ;.rte o_���s� 022054 000003 AUSTIN 177413.1 19 ATTACHMENT B LICENSED GOODS AND SERVICES Naming of the Pavilion and Courts at the City of Corpus Christi Waters Edge Park and McGee Beach with the Licensed Marks. Incorporation of Licensed Marks in approved printed and electronic marketing materials. Trademark License—Page 19 se GO O Va. AGENDA MEMORANDUM v Future item for the City Council meeting of August 14, 2018 NORROPP�EAction Item for the City Council meeting of August 21, 2018 1852 DATE: July 24, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mi kema(a)-cctexas.com 886-2604 Approval to enter into an interlocal agreement with Nueces County to share the Edward Byrne Memorial Justice Assistance Grant (JAG) and approval to submit a grant application to the U. S. Department of Justice for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2018 Local Solicitation CAPTION: Resolution authorizing submittal of grant application in amount of$178,821 for Edward Byrne Memorial Justice Assistance Grant (JAG) Program with funds to be distributed to Nueces County in amount of$82,042 and City of Robstown in amount of$14,736; and authorizing Interlocal Agreements with Nueces County and City of Robstown for distribution of JAG Program funds. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: Under the Justice Assistance Grant (JAG) (previously Local Law Enforcement Block Grant LEBG), we have been declared a disparate jurisdiction and have agreed to split the funds 50/50 with Nueces County and serve as the fiscal agent for the City of Robstown in the amount of $14,736. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). This is the second year the City of Robstown has had a specific allocation of funds designated. Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) must be completed, signed, and faxed to OJP, indicating who will serve as the applicant/fiscal agent for the joint funds. The City, County, and the City of Robstown have agreed that the City will serve as the lead agency. The Nueces County Commissioners Court approved the interlocal agreement as well as proposed expenditures on August 8, 2018. The City of Robstown City Council is scheduled to review the interlocal agreement and grant proposal on August 20, 2018. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment and enforcement programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation With this award, the program has provided a total of$5,902,732 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, police package vehicles, unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, and other police equipment. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $178,821 $178,821 BALANCE $178,821 $178,821 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Interlocal agreement with Nueces County and City of Robstown Resolution authorizing submittal of grant application in amount of $178,821 for Edward Byrne Memorial Justice Assistance Grant (JAG) Program with funds to be distributed to Nueces County in amount of$82,042 and City of Robstown in amount of $14,736; and authorizing Interlocal Agreements with Nueces County and City of Robstown for distribution of JAG Program funds. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to submit a grant application in the amount of$178,821 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2018 Local Solicitation with $82,042 of the funds to be distributed to Nueces County and $14,736 to City of Robstown under the Interlocal Agreements. Grant funds will be used for the enhancement of law enforcement efforts by the Corpus Christi Police Department, Nueces County and City of Robstown. SECTION 2. The City Manager or his designee is authorized to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms to distribute $82,042 of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2018 Local Solicitation to Nueces County. SECTION 3. The City Manager or his designee is authorized to execute an Interlocal Agreement between the City of Corpus Christi and City of Robstown to establish terms to distribute $14,736 of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2018 Local Solicitation to City of Robstown. 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 GMS APPLICATION NUMBER THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE CITY OF ROBSTOWN EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2018 LOCAL SOLICITATION AWARD This agreement is made and entered into this day of , 2018, by and between the City of Corpus Christi, acting by and through its governing body, the City Council ("CORPUS CHRISTI"), and the City of Robstown, acting by and through its governing body, the City Council ("ROBSTOWN"), both of Nueces County, State of Texas, witness: WHEREAS, this Agreement is made under the authority of Section 791 .011(a), Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY agrees to provide the ROBSTOWN a current estimate of $14,736 JAG funds received from Fiscal Year 2018 award; and WHEREAS, the CITY and ROBSTOWN believe it to be in their best interests to reallocate the JAG funds. Page 1 of 3 GMS APPLICATION NUMBER NOW THEREFORE, the ROBSTOWN and CORPUS CHRISTI agree as follows: Section 1. CORPUS CHRISTI agrees to pay ROBSTOWN a current estimate of $14,736 of the JAG funds received from this award. Section 2. ROBSTOWN agrees to use current estimate of $14,736, of JAG funds received from CORPUS CHRISTI under this agreement for the enhancement of law enforcement until September 30, 2021. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against ROBSTOWN other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CORPUS CHRISTI other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. Page 2 of 3 GMS APPLICATION NUMBER CITY OF CORPUS CHRISTI CITY OF ROBSTOWN Keith Selman Amanda Barrera Interim City Manager Mayor ATTEST: Rebecca Huerta Herman Rodriguez City Secretary City Secretary APPROVED AS TO FORM: Buck Brice Patrick Beam Assistant City Attorney City Attorney For City Attorney Date Date Page 3 of 3 GMS APPLICATION NUMBER THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE COUNTY OF NUECES, TEXAS EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2018 LOCAL SOLICITATION AWARD This agreement is made and entered into this day of , 2018, by and between the City of Corpus Christi, acting by and through its governing body, the City Council ("CITY"), and the County of Nueces, acting by and through its governing body, the Commissioners Court ("COUNTY"), both of Nueces County, State of Texas, witness: WHEREAS, this Agreement is made under the authority of Section 791 .011(a), Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY and COUNTY have previously entered into an agreement for disbursement of Fiscal Year 2012, 2013, 2014, 2015, 2016, & 2017 JAG funds which is separate from this agreement; and WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%), or a current estimate of $82,042, JAG funds received from Fiscal Year 2018 award; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. Page 1 of 3 GMS APPLICATION NUMBER NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50%), or a current estimate of $82,042 of the JAG funds received from this award. Section 2. COUNTY agrees to use the fifty percent (50%), or current estimate of $82,042, of JAG funds received from CITY under this agreement for the enhancement of law enforcement until September 30, 2021. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. Page 2 of 3 GMS APPLICATION NUMBER CITY OF CORPUS CHRISTI COUNTY OF NUECES Keith Selman Samuel L. Neal, Jr. Interim City Manager County Judge ATTEST: Rebecca Huerta Kara Sands City Secretary County Clerk APPROVED AS TO FORM: Buck Brice Laura Garza Jimenez Assistant City Attorney County Attorney For City Attorney Date Date Page 3 of 3 se o� � v AGENDA MEMORANDUM N0ORPOR IEO Future Item for the City Council Meeting of August 14, 2018 1852 Action Item for the City Council Meeting August 21, 2018 DATE: August 14, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Police Chief MikeMa(a�cctexas.com (361) 886-2601 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 132(acctexas.com (361) 826-3169 Five-Year Service Agreement for Security Alarm Permitting and False Alarm Management System Services for a total not to exceed $575,000 CAPTION: Motion authorizing a five-year service agreement with PM AM Corporation, Dallas, Texas, for security alarm permitting and false alarm management system services for a total amount not to exceed of$575,000. PURPOSE: To approve a five-year service agreement with PM AM Corporation to provide security alarm permitting and false alarm management system services for the Police Department. BACKGROUND AND FINDINGS: The agreement will secure a firm to provide security alarm permitting and false alarm management system and administration services to include acquiring all relevant and required equipment, licenses, and services for the Police Department. Since 2014, the Police Department has collected over $2,261,265 in revenue from this service. The Purchasing Division conducted a Request for Proposal processes to obtain proposals for the new contract. The City received one responsive, responsible proposal for RFP No. 1428 Security Alarm Permitting and False Alarm Management System and is recommending the award to PM AM Corporation, based on Best Value to the City. Comparison: Under the current contract the contractor retains 28% of all revenue collected, with our recommendation to award the contract to PM AM Corporation the City will receive 81% of all revenue collected with the contractor retaining only 19% resulting in a savings for the City. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Police Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $0.00 $575,000.00 $575,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $575,000.00 $575,000.00 BALANCE $0.00 $0.00 $0.00 Fund(s): General - 1020 Comments: The five-year do not exceed contract value is $575,000 which is taken from the revenue collected through the security alarm permitting and false alarm management program. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP No. 1428 Security Alarm Permitting and False Alarm Management System Buyer - Roberta Ortiz Proposal Evaluation PM AM Corporation Minimum Qualifications Must have operated continuously for a minimum of five years as an Pass established firm in providing same service No outstanding lawsuits during last 5 years or current litigation with the City Pass during last 5 years No outstanding regulatory issues last 5 years Pass References Provided for firm Pass Technical Proposal Technical Proposal (50 points) 48 Firms' Experience (18 points) Team Experience (18 points) Understanding of Project Scope (14 points) Interview Interview (30 points) 26 Firms' Experience (8 points) Team Identificaton (10 points) Understanding of Project Scope (12 points) Price Price (20 points) 20 Total 94 SC 0 > SERVICE AGREEMENT NO. 1428 U 1 1 Security Alarm Permitting and False Alarm Management System bO RPOR Af� 1852 THIS Security Alarm Permitting and False Alarm Management System Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and PM AM Corporation ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide security alarm permitting and false alarm management system services in response to Request for Bid/Proposal No. 1428 ("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 security alarm permitting and false alarm management system ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 60 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 $575,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Pat Persohn Department: Police Department Phone: (361 ) 886-2743 Email: Pate@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: Pat Persohn Title: Administrative Manager Address: 321 John Sartain St, Corpus Christi, TX 78401 Phone: (361 ) 886-2743 Fax: (361 ) 886-2607 IF TO CONTRACTOR: PM AM Corporation Attn: James Moss Title: Vice President Address: 5430 LBJ Freeway, Suite 370, Dallas, TX 75240 Phone: (972) 831-7404 Fax: (972) 831-7499 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1428 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. Scope of Work A. Contractor will host and provide a security alarm permitting and false alarm management system and administration services. This includes acquiring all relevant and required equipment, licenses and services to ensure system is available and reliable. B. Contractor will develop, test and maintain all integration points to City's Computer Aided Design and Geographic Information System for location/Address validation as an integral part of maintaining with the city's ordinance 026904. C. Contractor shall accurately convert all the pertinent data from current systems to populate the security alarm permitting and false alarm management system. Effective interfaces shall ensure that all organizations involved use the most accurate and current information reducing the disruption to City's law enforcement personnel. 2. Security Alarm Services Requirements Contractor and provider's system shall furnish all appropriate supplies and services including but not limited to: A. Provide the City with necessary documentation for appeal hearings such as late fee, permit renewal. B. Store and maintain information pertinent to: 1 . Alarm Permits 2. Permit Holders 3. Permit Holders with outstanding charges 4. Non-Permit Holders with outstanding charges 5. Permit holders with fee exemptions 6. Address verification database C. Provide bi-directional data transfer between the Contractor's alarm data system and the City's Computer Aided Design. D. Contractor shall perform invoicing and collection of payments in accordance with the rates established by the City's Ordinance 026904 and ensure all rate changes are updated when rate changes are in effect. E. System shall be able to maintain the following information: 1 . New alarm permits issues and fee collected 2. Annual Permit renewals invoiced and fees collected Page 1 of 10 3. Permits revoked and reason for revocation 4. Number of false burglar and panic alarms 5. Number of false burglar and panic alarms invoiced and fee collected 6. False burglar and panic alarms by permit holder 7. False burglar and panic alarms for non-permit holder 8. Permit origination date 9. Permit renewal date 10.Permit revocation date 11 .Permit reinstatement date 12.Reinstatement of suspended permits for excessive alarms would have original issue date for the permits. 13.Historical record of each false alarm per permit. F. Identify: 1 . Permit holder 2. Non-permit holder G. Capture the following information: 1 . Permit number 2. Permit issue date 3. Permit expiration date 4. Permit type (commercial/residential) 5. Name of business or residential applicant/holder 6. Permit holders valid state issue ID or driver's license 7. Location: • Street location • Zip code • Type of property (commercial/residential) • Telephone numbers • Contact persons (minimum of 2) and phone number(s) • Type of alarm system installed (burglary, panic, robbery) 8. Invoicing: • Permit holder name • Full mailing address with zip code • Contact person and phone number(s) • History of Incidents in the past 12 months from the current invoice date • History of unpaid invoices 9. Permit Holder Responsible for Alarm • Name • Date of birth • Complete mailing address • Phone numbers Page 2 of 10 • On-site emergency contact numbers 10. Name and telephone number of alarm monitoring company 11 . Name and telephone number of company that installed the alarm system 12. Special medical concerns/disabilities of permit holder 13. On premises pet information H. Perform address validation against City's Computer Aided Design/Risk Management Solutions database. I. Maintain an alarm company master file which includes: 1 . Assigned code number 2. Name, address, and telephone number of business 3. Manager's name, and telephone number J. Automatically generate a unique permit number. K. Maintain reasons for denial of issuance of permit, including: 1 . Permit Application incomplete, misleading, false 2. Applicant has unpaid security alarm related fee owed to the City 3. Alarm system install is unreliable L. Generate renewal notices and second renewal notices automatically within specified periods. M. Generate revocation notices based upon City's ordinance 026904. N. Generate notice to alarm users without permits. O. Maintain historical information on permit issuance, renewal, suspension and reinstatement on each property. P. Maintain current permit status information. Q. Maintain incident count of alarms, their disposition and information on each permit. R. Cross-reference capabilities between permit holder names and properties. S. Search on permit holder and business name. T. Download and print permits, blank application forms with mail-in information from the web portal. Page 3 of 10 U. Archive inactive permits based on the City's data retention policy. V. Maintain a table of incident criteria • Permit Holder- telephone number • Non-permit owner • Number of false alarms before l st suspension (permit holder only) W. Interface with City's CAD in the following capacity: 1 . Transfer on-line/on-demand entire registration database from proposed Service Provider's system to City's CAD including the following: a. Permit number (or non-permit identifier b. Name c. Location d. Permit status e. Expiration date f. Last incident date and time g. Alarm type h. False alarm incident count i. Beat information 2. Transfer on-line/on-demand incident reports from City's CAD to Service Providers system including: a. Incident number b. Priority c. Call code d. Disposition e. Date f. Time • Received • Dispatched • Arrived • Alarm Cleared g. Remarks h. Site name and location i. Reporter's name, address, phone number j. Dispatcher- employee number and terminal k. Phone clerk - employee number and terminal I. Cleared code and disposition m. Officer number n. Unit(s) assigned Page 4 of 10 3. Capture and provide all transactions and relevant confirmation, reconciliation of data on daily basis for auditing purpose. X. Make adjustments/corrections on fees at the request of the City, accounting errors and/or appeal hearings. Y. Generate incidents manually for account. Z. Issue notice(s) to permit holders with excessive false alarms. AA.Issue notice(s) to non-permit holders with false alarms. BB.Archive historical data. CC.Accept/establish temporary account numbers for non-permit holders who have incurred false alarm charges. DD.Transfer a temporary account number charges to a permanent account (permit) number. EE.Process permit applications, issue permit and notify the customer of the application outcome within one business day. FF.Revoke permits according to City's ordinance 026904. 3. Report Requirements The system shall generate the following reports including but not limited to: A. New alarm permits issued and fees collected by type of property (commercial/residential). B. Annual permit renewals invoiced and fees collected. C. Permits revoked and reason for revocation. D. Permits reactivated and reason for reactivation. E. Number of false burglar alarms. F. Number of false burglar alarms invoiced and fees collected. G. Listing of Permits by beat. H. False alarms by permit holder. Page 5 of 10 I. False alarms by non-permit holder. J. Revocation report by permit holder after eight false alarms at the same location. K. Revocation report by permit holder for outstanding fee at the same location. L. Exception listing of permits/non-permits which has exceeded established limitations. M. Listing of permits by: 1 . Alarm company 2. Permit number 3. Site address 4. Business/owner name 5. Police reporting district N. Listing of permit counts in all categories. O. Listing of outstanding charges by permit. P. Monthly Alarm company roster. Q. An incident exception report generated during daily incident update process City's CAD. R. Daily and monthly activity reports including: 1 . New permits 2. Renewal notices 3. Second notices 4. Account invoicing 5. Incidents processed S. Monthly AR report (Excel, Access, or Adobe) format: 1 . Amount invoiced by call signal 2. Amount collected by permit type and call signal T. Fiscal year (Oct-Sept) Accounts Receivable aging report by permit type. U. Ability to provide reports in both alpha and permit/account number order. V. Additional on-demand reports as required by City. Page 6 of 10 4. Financial and Collection Requirements A. Contractor shall comply with the Fair Debt Collection Practices Act and all other state and federal laws. B. Contractor shall comply with the Federal Trade Commissions' Red Flag Rules, which implement Section 114 of the Fair and Accurate Credit Transactions Act of 2003, as amended. C. Contractor shall comply with PCI (Payment Card Industry) for all credit card transactions. D. Contractor would make all collections related to security alarm permits and false alarm fees and would deposit the collected revenue in a designated city's account managed by the Contractor. E. At the start of each month Contractor will reconcile the City's bank alarm account for the previous month and provide Contract Administrator with an invoice showing the fee calculation and supportive bank reconciliation. Once invoice is approved by the Contract Administrator, bank would be authorized to issue transfer (e.g. ACH transfers) to City and Contract Administrator for the proposed revenue shared amount. F. The Contractor must have a functional system to serve as the invoicing and collections agent and accounts receivable (A/R) manager for the City for security alarm permitting and false alarm management service. G. Invoice content and other correspondence will provide instructions directing the customer to call a Contractor maintained and staffed phone number to answer questions about permits, invoices and other false alarm system matters. Questions concerning the validity of any response or action taken by an employee(s) of CCPD regarding a specified alarm call will be directed to a representative of CCPD. H. Format of all invoices and correspondence shall be approved by the Contract Administrator. I. Invoice format will provide stub or appropriate remittance form to accompany payment. J. Contractor shall be able to utilize multiple techniques for collections. K. Contractor shall keep detailed A/R to be reviewed by City at any time. Page 7 of 10 L. Contractor will provide the ability for customer to apply and obtain permits by mail or online; and ability to pay fee online, by phone or mail. M. Payments made by mail will be directed to a local lockbox maintained and managed by Contractor. N. Contractor will be responsible for handling bad checks and stop payment situations. O. Contractor must have the ability to generate invoicing for alarm charges which includes the following information: Summary information: 1 . Previous/past due amounts 2. New charges 3. Payments 4. Adjustments 5. New balance due Detail information: 1 . Type of incident 2. Date of incident 3. Time received 4. Reason/description 5. Charges, if applicable P. Contractor must have the ability to show all incidents and their associated charges during the current invoicing period. Q. Contractor must have the ability to provide itemized balance forward capabilities on invoicing. R. Contractor must have the ability to invoice miscellaneous charges (i.e. returned check fees) S. Contract Administrator should get access to the point-of-sale system to view citizen's transactions as they occur. T. Contract Administrator should also have access to the bank account maintained by the service provider so all deposits can be viewed. Page 8 of 10 5. Technical Requirements A. Contractor shall provide production server hardware and software environment capable of supporting operations and transaction volumes. This environment shall be capable of sustaining 99.999% uptime. B. Security Alarm system shall be load-balanced and cater high availability architecture. C. System shall be behind a firewall on isolated network and all login activities shall be logged. D. System accounts should be provisioned in accordance with Segregation of Duties. E. Contractor should use Secure Sockets Layer (SSL) Certificate providing secure encrypted communication between client browsers. This security is also enforced to server's Payment Gateway. F. Permit Holder information should be encrypted. G. Contractor shall maintain, manage and be in compliant to all hardware and software licenses and/or security patches required for the application. H. Contractor shall provide access to a Test server hardware and software environment configured in accordance with the production environment and be able to verify modifications and enhancements prior to their introduction into the production environment. I. Contractor shall perform testing of the configured solution prior to taking System into production. The purpose of this testing will be to confirm the integration of all components, assess the configuration, and identify issues to be resolved. Testing shall include Integration Testing of all integration points and interfaces. J. User Acceptance Testing shall be conducted by the City with the Contractor's assistance. K. Contractor shall provide technical support to end users 24 x 7 x 365 days. Technical Support is defined as actions required to address "System Outage" issues and outages where all or part of the service is inaccessible. Contractor shall provide a phone number to access technical support from qualified technical support personnel in the event that system down errors or host outages occur. Page 9 of 10 L. In an event of "System Outage", Contractor shall notify Contract Administrator within 10 minutes of the issue occurrence. M. Contractor shall notify the City of any scheduled or unscheduled maintenance that is expected to make the hosted services unavailable. Such notifications shall be sent via e-mail to the designated Contract Administrator no less than one calendar week before the planned event. With rare exception, scheduled maintenance shall be performed on weekends (Saturday through Sunday) during the evening and/or early morning hours. N. Contractor shall communicate any/all known inaccuracies in the City's data caused by an outage or system failure and shall work to correct any inaccuracies within a reasonable period of time. O. Contractor shall provide electronic versions of all Hardware and Software technical documentation. This documentation should include, but not be limited to, the following: 1 . System and database administration procedures 2. Integration programming specifications 3. Customization specifications 4. Interface specifications 5. Backup and recovery procedures P. Contractor's online system would be linked to City of Corpus Christi website and application URL should be masked to indicate City of Corpus Christi. Q. Upon termination, or at the end of the contract period, the Contractor must turn over all records, files, database and related project information and materials to the City within 90 days. R. Contractor will be required to provide the City all invoices, revenue transactions and alarm data for auditing purposes when requested by City within one business day. Any planed auditing activities relevant to hosted solution shall be communicated to Contractor in advance. 6. Training Requirements Contractor shall provide training for City employees. Training shall be conducted in several sessions on an as needed basis. Page 10 of 10 $ Attachment B: Bid/Pricing Schedule cP CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP No.1428 Security Alarm Permitting and False Alarm Management System PAGE 1 OF 1 DATE: 04/09/2018 _ PM AM Corporation PROPOSER �UTHORWMSIGNATURE 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. UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE 1.0 Percentage of collections charged for billin of false alarm bills 42,500 % 19% 2.0 Percentage of regular permits and renewal 72,500 % 19% ermits. Note: PM AM Corporation shall charge a flat 19% on all amounts collected. The estimated value of the contract is $575,000.00, the contractor will retain 19% of all revenue collected. Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property Management one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part B (All States Endorsement if Company is of this Attachment. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Page 1 of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 3 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Security Alarm Permitting and False Alarm Management 01/18/2018 sw Risk Management Bonds Section 5.(B) is 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 SC GO O Va. AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of August 14, 2018 1852 Action Item for the City Council Meeting August 21, 2018 DATE: August 14, 2018 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief RRocha(a�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 132(acctexas.com (361) 826-3169 One year Supply Agreement for the Purchase of Ambulance Parts for CCFD not to Exceed $50,000, with Three One year Options and a Total Potential Multi-year Amount of Up to $200,000 CAPTION: Resolution authorizing a one-year supply agreement for ambulance parts with Frazer Ltd., of Houston, Texas for a total amount not to exceed $50,000 with three one-year options for a total potential multi-year amount of$200,000. PURPOSE: The supply agreement will provide the needed parts to repair our ambulances. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department Fleet Maintenance Division would like to establish a supply agreement for ambulance parts from Frazer, Ltd. Our entire fleet of ambulances are purchased from Frazer, Ltd. and most of their parts are proprietary to these units. This program is critical to sustaining the Medic units reliability for service. Ambulance maintenance is a very complex and intricate part of providing reliable equipment to serve our community. This supply agreement for ambulance parts will help minimize our Medic Unit out of service time when the need arises to repair our Medic units. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Fire Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $166,792.22 $41,666.67 $208,458.89 Encumbered / Expended Amount $126,468.15 .00 $126,468.15 This item $8,333.33 $41,666.67 $50,000.00 BALANCE $31,990.74 .00 $31,990.74 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $50,000, of which $8,333.33 is funded in FY2017-2018 budget. The total contract value will be $200,000 if all option years are executed. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Supply Agreement Pricing Sheet Resolution authorizing a one-year supply agreement for ambulance parts with Frazer Ltd., of Houston, Texas for a total amount not to exceed $50,000 with three one-year options for a total potential multi-year amount of $200,000. WHEREAS, Ambulance parts will be purchased by the Fire Department; WHEREAS, the supply agreement will provide purchases of ambulance parts for the Medic Units; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve or protect the health or safety of the City's residents; WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7), as this purchase is available from only one source; Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to purchase ambulance parts for the Fire Department and to execute a one-year service agreement with three one-year options to extend with Frazer, Ltd., of Houston Texas, for a total amount not to exceed $200,000. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas day of 20 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION Ambulance Parts for CCFD BUYER: MINERVA ALVARADO Frazer Ltd. Houston,Texas ITEM DESCRIPTION COST QUANTITY 1EXTENDED TOTAL 1 Ambulance Parts See Catalogue 1 YR $50,000.00 TOTAL `$50,000.00 *Do not exceed mUs c.� �o w A SUPPLY AGREEMENT NO. 1808 U Ambulance Parts for CCFD yaeaoRp 1852 THIS Ambulance Parts for CCFD Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Frazer LTD ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Ambulance Parts for CCFD 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 Ambulance Parts for CCFD 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 three 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 $50,000.00, 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 Kevin Sullivan Fire Department 361 .826.3923 KevinSuCcctexas.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: Kevin Sullivan Equipment Maintenance Superintendent 1501 Holly Road, Corpus Christi, Texas 78417 361 .826.3923 Fax: 361 .826.4325 IF TO SUPPLIER: Frazer LTD Attn: Bert Jones VP of Quality and Service 7219 Rampart, Houston, Texas 77081 713.772.5511 Fax: 888.372.9371 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits), B. its attachments, C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 SUPPLIER Signature: Printed Name: Bert Jones Title: VP of Service and Quality Control Date: 08-01-2018 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 �lg ' Attachment A: Scope of Work 1852 4■pag7 Fn SCOPE OF WORK: 1 . Contractor will provide the ambulance parts. 2. Parts will be ordered from the contractor on as needed basis. 3. Contractor shall ship needed parts within seven days. 4. Provide updated pricing sheet/catalogue whenever updates are available. 5. Contractor will contact the contract administrator for any delays on shipment and invoice concerns. 6. Invoices to be e-mailed to the contract administrator. 7. Catalog pricing to include freight. Page 1 of 1 Attachment B: Quote/Pricing Schedule CITY OF CORPUS CHRISTI QUOTE FORM lam((A]] 1. Refer to Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight, for each item. 3. In submitting this quote, Contractor certifies that the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other contractor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the following: DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL Base on Base on catalogue Parts 1 EA catalogue pricing pricing Exhibit A - Corpus Christi Pricing Schedule TOTAL $50,000.00 COMPANY: Frazer LTD NAME OF PERSON AUTHORIZED TO SIGN: Bert Jones ADDRESS: 7219 Rampart CITY/ STATE/ZIP Houston,Tx 77081 PHONE: 713-772-5511 EMAIL: bjones@frazerbilt.com FAX: 888-372-9371/ DATE: 7/17/2018 SIGNATURE: �� TITLE: VP of Service and Quality Control THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. RFQ Revised 7.13.2017 Pafe 1 of 1 Exhibit A: Corpus Christi Pricing Schedule Item Description Price 1058 Washer-Flat, 19.5 x 30 mm 0.74 1112 Gasket-Intake Manifold,Generator 5.32 1169 Gasket-Throttle Body,Generator 5.08 1315 Isolator-Spring,Small,Generator 5.09 1366 Gasket-Carburetor to Air Box,Generator 5.06 1367 Isolator-Spring, Large,Generator 5.09 1611 Gasket-Manifold/Muffler,Generator 9.19 1665 O-Ring-Oil Pump,Generator 5.06 1666 Gasket-Breather Plate,Generator 6.69 1687 Breather Tube-90 deg,Generator 4.92 1918 Connector-Straight,QD,Male,Brass 11.57 2015 Gasket-Exhaust Manifold,Generator 3.26 2060 Plug-Spark,5.5 Generator 7.60 2061 Gasket-Crank Case,Generator 40.36 2269 Gasket-Exhaust Manifold,Generator 6.26 2367 Clearance Light 1 wire red 8.09 2368 Clearance Light 1 wire amber 8.09 2429 Plate-Breather,Generator 9.22 2443 Harness-ISO Relay/Socket, 12V,40/60A 13.10 2799 Kit-Filter,Fuel,Generator 14.97 2820 Gasket-Cylinder Head 1,Generator 12.81 2821 Gasket-Cylinder Head 2,Generator 12.55 2840 Filter-Oil,5.5/7.0 Generator 11.29 3098 Filter-Air,5.5 Generator 14.32 3549 Belt-Poly,Ribbed,Generator 23.42 3625 Alarm: Back Up 48.97 4091 Coil-Ignition,Generator,30 in Lead 38.36 4092 Coil-Ignition,Generator,21 in Lead 35.79 Page 1 of 6 Item Description Price 4285 Assembly-Brush Block,Generator 40.92 4294 Switch-Rocker,Start/Stop,5.5 Generator 40.59 4450 Switch-Oil Pressure,Generator 76.74 4668 Switch-High Pressure,100 PSI,Air Ride 54.70 4713 Assembly-Tensioner Arm/Pulley,Generator 58.85 5217 Meter-Hour,Generator 94.03 5655 Light-Back-Up, LED,Round,Clear Lens 149.14 5927 Battery Charger:30 Amp Inteli-Power 9100 165.38 5948 Starter-Electric,Generator 202.13 6085 Throttle Body-EFI,Generator 305.64 6376 Muffler-Exhaust,Generator 448.42 6583 Assembly-Rotor,Green Generator 492.50 6617 Stator-5.5 Generator(Green) 1,118.30 6885 Control Board-Circuit,Generator 795.28 7503 Latch-Rotary,Left Hand 14.20 7504 Latch-Rotary,Right Hand 13.93 7540 Door Grabber-Chrome,w/Gaskets 29.14 7654 Horn-Air,Chrome, 10 in 246.40 7655 Horn-Air,Chrome, 12 in 250.89 7678 Compressor-12V,1.5 CFM,Air Horn 548.80 7678 Compressor 12 VDC 1.15 CFM 548.80 8013 Nut-Lock,Nylon Insert,SS,1/4-20 0.13 8066 Screw-Pan Phil.,SS,1/4-20 x 5/8 in 0.21 8573 Switch-Rocker,SPST,On-None-Off,Lit x1 8.47 8580 Fuse-MEGA,Bolt-On,125A 8.30 8581 Fuse-MEGA,Bolt-On,150A 9.74 8607 Switch-Rocker,DPDT,On-Off-On,WHT 17.60 8643 Switch-Rocker,DPDT,(On)-Off-(On),WHT 12.94 Page 2 of 6 Item Description Price 8857 Solenoid-SPST-NO,Cont.Duty,12V,85A 39.31 8865 Relay-SPST,High Current, 12V,75A 39.29 8938 Gauge-Fuel,90 Ohm 53.97 9040 Medical Isolator 56.36 9122 Solenoid-SPDT,Cont. Duty, 12V, 100A 109.77 9153 Strap-Rebound, 1 x 8.25 in 73.78 9313 Valve-Height Control,Granning 121.36 9566 Air Spring-1T14C6,Air-Ride Chevy 292.13 9677 Compressor-12V,1/3 HP,Air Ride 884.05 9936 Dump Valve-Air Suspension 113.45 10045 Valve-Drain, Heated,12V 5A 178.45 10349 Contact Kit:Electric Locks 41.27 10351 Relay:Keyless Entry 92.23 10541 Stud-Ball,10mm,Zinc Finish 0.95 10776 Cam Lock-5/8 in,LS300,w/2 Keys 12.77 11106 Pulley-5 in,Generator 79.31 11107 5.5 Door Latch 19.90 11167 Fitting-5/16 Female x 5/16 Fuel Straight 3.68 11168 Fitting-5/16 Male x 5/16 Fuel Straight 1.79 11316 Latch-Paddle,545 Key,Slotted Holes 30.26 11586 Harness-Engine,Green Generator 230.15 11692 Clamp-Hose/Ear,SS,13.2 to 15.7mm 0.84 11725 Bulb-Halogen Light,Screw Base,250W 10.29 11841 Belt-Seat, Floppy Buckle,Black,8 in 9.77 11846 Speaker:AS 124 244.86 11849 Siren:200 watt self contained 327.83 11999 Switch SP/ST Momentary on/off/on 9.35 12188 Shock-Gas,Metal End, 11.3 in 37.70 Page 3 of 6 Item Description Price 12234 Flap Seal-Black Rubber.65 in x 1.25 in 1.62 12701 Coupling-Fly Wheel Pulley,Generator 43.50 13207 Cladding-Bumper Strip,Tread Brite 9.45 13208 Bumper-Rear,Center Step 271.95 13263 Bumper Endcap-Driver,Bengal Silver 200.19 13264 Bumper Endcap-Passenger,Bengal Silver 206.20 13767 Thermostat-SMXIII,Digital Display,BLK 93.92 14949 M6 LED Amber with clear lens 202.84 14951 M6 LED Clear with clear lens 203.01 14952 M6 LED Red with clear lens 203.01 14954 M6 LED Blue with clear lens 203.01 14956 M6 light flange 16.19 14965 Rear Camera 287.70 15465 M9 Flange 26.02 15674 Shore Power-Locking, NEMA 5/30A,WHT 147.02 17194 O-Ring-Oil Fill Cap,Generator 4.92 17306 M6 Super LED load light 358.74 17556 Light-Indicator,w/Resistor,LED, Red 10.40 17969 Organizer:Acrylic,Small 241.50 18140 Housing-Dual Pioneer Floodlight,Chrome 421.91 18906 Braided Hose with Check Valve 23.02 18994 Bracket-Hat,10mm Ball Stud 5.63 19300 Power Adapter DC power 167.92 19434 Control Board-Truck Power,AC 136.58 19524 Manifold-Exhaust,Generator 254.87 19964 M6 Brake/Tail/Turn 155.11 20245 Air gauge 200 psi 19.72 20400 License Plate Holder 25.41 Page 4 of 6 Item Description Price 20496 Fan-Condenser, 12 in,AC 220.95 20674 Boot Rubber-Dodge, Prepped and Glued 47.25 20778 Outlet 02 single 111.25 21052 Light-Indicator,w/Resistor,LED,Green 9.14 21656 Power Supply-Industrial,AC/DC 12V 500W 1,587.60 22206 M9 Red/Blue with clear lens 349.29 22607 M4 Blue with clear lens 175.92 22791 Meter-Hour,Digital 42.04 23071 Buzzer with Whoop Tone 28.35 23141 Trim-Corner Cap,Roof 48.30 23407 Helashrink-Heat Shrink for Power Supply 16.80 23435 Screw-Tek, Pan Phil.,SS, 10-16 x 1 in 0.25 24422 Generator-Commercial QG EFI 5.5,Prepped 4,725.00 24440 Harness-Engine,White Generator 235.11 20875 Air Conditioner Self Contained 3,570.00 24597 Window-Vertical,Dark Gray, Black Frame 196.52 24893 Control Board-Generator,EFI 637.04 24976 Latch-Paddle, Back to Back,J236 Lock 132.15 25106 Relay-SPDT Bracket,12V,20/40A 6.20 25147 Light-Stop/Tail/Turn,12V,Round,Red 40.07 25428 Assembly-Door,White,Generator 197.98 25458 Supernova brake/tail/turn red 3" 13.92 25459 Supernova back up clear 3" 36.12 26069 Screw-Pan Phil.,SS,M4 x 10mm 0.08 26222 Realy 5 pin 31.44 26444 Pump-Fuel,Inline, External,155 LPH 159.60 26494 Harness-Remote Pump, 15 ft,Generator 91.33 26666 Fitting-Branch Y, 1/4 in OD x 1/4 in NPT 16.76 Page 5of6 Item Description Price 26805 Harness-Lambda Power Supply 90.52 26886 Connector-TL,30A 125V 2P, BLK/WHT 48.22 26886 Connector 30 amp Female 48.22 26991 Filter-Fuel,In-Line,5/16 in 33.58 26999 Plug 30 amp male 19.61 27023 Actuator compartment doors 50.30 27171 Actuator Kit,Cleveland Latches 50.55 27286 Fitting-Inline Fuel Pump,Bundy,5/16 in 12.45 27426 Light:compartment 28.35 28121 Swich postive lead magnetic 30 amp 88.20 28394 Light flex light pure white 24"leads 12"sec 21.00 28395 Light flex light pure white 24"leads 36"sec 51.09 28396 Light flex light pure white 24"leads 43"sec 62.14 28397 Light flex light pure white 24"leads 55"sec 78.27 29232 Cushion-Seat,Squad Bench Short,Magnets 173.25 30481 Inlet-DSN Shore Power,30A,125V, Poly 153.68 30481 Shore Power inlet Meltric 153.68 30488 Handle-DSN Shore Power Inlet,Nylon 39.90 30507 Receptacle-DSN Shore Power 30A 125V Poly 319.58 30512 Cap-DSN Shore Power Inlet,Spring-Loaded 268.80 30513 Plate-Adapter, DSN Shore Power Retro-Fit 71.90 30777 Bracket-Door Shock Mount 14.70 31325 Vacuum Pump 12 VDC 355.09 31943 Rod-Connector, EMC Actuator 11.80 31944 Rod-Connector w/Eye, .188 in 3.51 EXT-Warr AC Warranty 500.00 Page 6 of 6 Attachment C - Insurance and Bond Requirements Section 5. (A) and (B) are null for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements Standard new part warranty shall apply. Page 1 of 1 RFQ Revised 7.13.2017 se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 14, 2018 Nc1852Ev Action Item for the City Council Meeting of August 21, 2018 DATE: July 24, 2018 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief, Corpus Christi Fire Department RobertR(o-)-cctexas.com 826-3938 Motion authorizing the Corpus Christi Fire Department to house a Texas Emergency Task Force AMBUS unit for the Emergency Medical Task Force program CAPTION: Motion authorizing the Corpus Christi Fire Department to house a Texas Emergency Task Force AMBUS unit for the Emergency Medical Task Force program. PURPOSE: An AMBUS is a special EMS (Emergency Medical Service) unit that can transport or care for up to 20 patients at once, at least ten times as many patients as a standard ambulance. The vehicles are equipped like ambulances, including patient ventilators, wireless vital signs monitoring, suction devices and other life-saving equipment. BACKGROUND AND FINDINGS: The Texas Department of Emergency Management has awarded the City of Corpus Christi an Ambulance Bus (AMBUS). The AMBUS — 2.0 is a brand new multi-patient vehicle valued at $577,000. This state of the art vehicle has the ability to care and transport 20 stretchered patients at one time. Upon delivery, the AMBUS—2.0 will replace one of the two older outdated AMBUS units in the Corpus Christi Fire Department Fleet. There will be no cost to the City other than basic maintenance and repairs. ALTERNATIVES: Not to accept AMBUS Unit OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept. EMERGENCY / NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTALCLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Acceptance Letter July 9ie,2018 t Robert Rocha,Chief Corpus Christ Fire Department 2406 Leopard,Suite 300 Corpus Christi,Texas 78408 Chief Rocha, On behalf of the leadership of the Texas Emergency Medical Task Force,I would like to congratulate your department on the successful application to house one of the two new AMBUS units. Our Executive Committee considered all the applications made by Fire and EMS Departments from across the State of Texas and feel that Corpus Christi would be ideally suited to provide a tactical advantage to the EMTF Program based on its geographic location and operational capability to provide trained personnel to respond to incidents on behalf of the Program. Of course,this offer is contingent upon your Department's continued participation with the Texas EMTF Program,as well as execution of an agreement with the Coastal Bend Regional Advisory Council ' EMTF I1 regarding resource placement, participation requirements, and deployment expectations. The AMBUSs have been an incredibly valuable resource for the State and this program has been a foundation of the Emergency Medical Task Force Program since its inception. 1 am excited about bringing the"AMBUS 2.0"to Texas and welcoming the Corpus Christi Fire Department to the AMBUS family. Please sign below and return to the Texas EMTF State Coordinating Office to accept this offer and finalize the selection process. Sincerely and Respectfully, Eric Epley,CEM Program Director,Texas E gency Medical Task Force Executive Director,Sout est Texas Regional Advisory Council 1 accept the offer above on behalf of the Corpus Christi Fire Department and the City of Corpus Christi. Robert Rocha,Chief Dale Corpus Christi Fire Department .�vs c.�s G© O AGENDA MEMORANDUM NO521fP Future Item for the City Council Meeting of August 14, 2018 x85 Action Item for the City Council Meeting of August 21, 2018 DATE: July 18, 2018 TO: Keith Selman, Interim City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the Texas Department of State Health Services ("TDSHS") Contract in the amount of up to a limit of$56,000.00 for laboratory services for testing and analysis of bay water samples collected by the TDSHS. CAPTION: Resolution to execute an Interlocal Cooperation Agreement with the Department of State Health Services, to provide laboratory services for the analysis of bay water samples; and to ratify acceptance of the agreement beginning September 1, 2018. PURPOSE: To be used to pay for expenses of the Corpus Christi-Nueces County Public Health District (City) to test and analyze for seafood safety bay water samples collected by the TDSHS and sent to the Corpus Christi-Nueces County Public Health District (County) for the period September 1, 2018 through August 31, 2020. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of up to a limit of $56,000.00 ($35.00 per water sample) to provide for expenses of the Corpus Christi-Nueces County Public Health District to test and analyze for seafood safety bay water samples collected by TDSHS and sent to the Corpus Christi-Nueces County Public Health District (City). ALTERNATIVES: Refuse the grant and discontinue providing water testing and analysis for seafood safety for the TDSHS. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency. This item requires two readings and ratification of the grant contract to begin September 1, 2018. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2017-2018 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $2,333.00 $53,667.00 $56,000.00 BALANCE $2,333.00 $53,667.00 $56,000.00 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Resolution Contract No. HHS000112500001 Resolution to execute an Interlocal Cooperation Agreement with the Department of State Health Services, to provide laboratory services for the analysis of bay water samples; and to authorize acceptance of the agreement beginning September 1, 2018. Now, therefore be it resolved by the City Council of the City of Corpus Christi, Texas, as follows: Section 1. That the City Manager or designee is authorized to execute an Interlocal Agreement with Department of State Health Services, in an amount not to exceed $56,000.00, to provide laboratory services for the analysis of bay water samples for the contract period of September 1, 2018, through August 31 , 2020. Section 2. Further, the City Council authorizes acceptance of the Interlocal Agreement to begin as of September 1, 2018. A copy of the executed agreement shall be filed in the office of the City Secretary. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 INTERLOCAL COOPERATION CONTRACT DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No.HHS000112500001 THE DEPARTMENT OF STATE HEALTH SERVICES ("System Agency" or "DSHS") and Corpus Christi-Nueces County Public Health District("City"or"Local Government"),each a"Party"and collectively the "Parties," enter into the following contract for laboratory services for the analysis of bay water samples collected by the System Agency (the "Contract") pursuant to the provisions of the"Interlocal Cooperation Act,"Chapter 791 of the Texas Government Code. I. PARTIES System Agency Local Government Name: Department of State Health Services Name: Corpus Christi-Nueces County Public Health District(City) Address: P.O. Box 149347 Address: 1702 Horne Road City and Zip: Austin, Texas 78714-9347 City and Zip: Corpus Christi, Texas 78416 Contact Person: Frank Rivera Contact Person: Angela Flores, BS, M (ASCP) CM Telephone: 512-834-6757 x2503 Telephone: 361-826-7213 Fax number: 512-834-6762 Fax number: E-Mail Address: Frank.Rivera(ccdslis.texas.eoN E-Mail Address: Angela f4occtexas.com Agency Number: 537 Agency Number: II. STATEMENT OF SERVICES TO BE PROVIDED The Parties agree to cooperate to provide necessary and authorized services and resources in accordance with the terms of this Contract. Specific services provided are described in Attachment A—Statement of Work. III. CONTRACT PERIOD AND RENEWAL The Contract is effective on September 1,2018 and terminates on August 31,2020,unless renewed or terminated pursuant to the terms and conditions of the Contract. The Parties may extend this Contract subject to mutually agreeable terms and conditions. IV. AMENDMENT The Parties to this Contract may modify this contract only through the execution of a written amendment signed by both parties. V. CONTRACT AMOUNT AND PAYMENT FOR SERVICES System Agency Contract No.HHS000112500001 Pagel of 3 DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 The total amount of this Contract,including all work orders issued under it,shall not exceed Flt~ry SIX THOUSAND DOLLARS ($56,000.00), as provided for in Attachment A—Statement of Work. VI. LEGAL NOTICES For Legal Notices under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services Attention: Barbara Klein-Office of General Counsel 1100 W. 49th Street, MC 1911 Austin,TX 78756 Local Government Corpus Christi-Nueces County Public Health District(City) 1702 Horne Road Corpus Christi, Texas 78416 Attention: Angela Flores, BS, M(ASCP) CM An-elal(a cetexas.com Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for receiving legal notice by notifying the other Party in writing. ARTICLE 1. VII. CERTIFICATIONS The undersigned Parties certify that: (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state government; (2) Each Party executing this Contract on its behalf has full power and authority to enter into this Contract. (3) the proposed arrangements serve the interest of efficient and economical administration of state government; and (4) the services contracted for are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder. The System Agency further certifies that it has statutory authority to contract for the services described in this contract under Texas Health and Safety Code Chapters 12, 436, and 1001 and Texas Government Code Chapter 531, to the extent applicable. The Local Government further certifies that it has statutory authority to contract for the services described in this contract under Texas Government Code Chapter 791. SIGNATURE PAGE FOLLOWS System Agency Contract No.HHS000112500001 Page 2 of 3 DocuSign Envelope ID:F2E1BOC6-BDDA•42AD-A52F-7014C7DD14E4 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO.HHS000112500001 DEPARTMENT OF STATE HEALTH SERVICES LOCAL GOVERNMENT Signature Signature Jonathan R. Huss _Annette Rodriguez, M.P.H Printed Name Printed Name Associate Commissioner Director of Public Health Division for Consumer Protection Title Title Date Date THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT NO.HHS000112500001 ARE HEREBY INCORPORATED BY REFERENCE: ATTACHMENT A- STATEMENT OF WORK ATTACHMENT B- UNIFORM TERMS AND CONDITIONS ATTACHMENT C- SUPPLEMENTAL&SPECIAL CONDITIONS ATTACHMENT D- FEDERAL ASSURANCES ATTACHMENT E- FEDERAL LOBBYING CERTIFICATIONS Approved as to form:*41//� ssistant City Attorn For City Attorney System Agency Contract No.HHSOOO112500001 Page 3 of 3 DocuSign Envelope ID:F2E1B0C6-BDDA-42AD-A52F-7014C7DD14E4 ATTACHMENT A STATEMENT OF WORK I. PERFORMING AGENCY RESPONSIBILITIES Performing Agency will: A. Provide System Agency with laboratory services for the analysis of bay water samples collected by the Department of State Health Services (DSHS). Tests shall be performed in a laboratory certified to meet United States (U.S.) Food and Drug Administration requirements for shellfish waters testing. B. Provide testing capacity for a minimum of forty(40) laboratory analysis tests of bay water samples per day for DSHS field offices. The number of laboratory analysis tests of bay water samples required per year is approximately 800-1500. Peak laboratory needs are from October 15 through May 15. C. Analyze bay water samples for fecal coliform using the Association of Analytical Chemists (AOAC) modified A-1 method for Most Probable Number (MPN) using multiple-tube fermentation. D. Be available for providing analyses a minimum of six(6)days a week, 8:00 am to 5:00 pm. E. Make results available to DSHS by phone and e-mail within two(2)hours of completion of laboratory analyses and make available by mail (upon request) legible, reproducible, laboratory result forms to DSHS at the following address: Department of State Health Services Attn: Seafood and Aquatic Life Group, MC 1987 P.O. Box 149347 Austin,Texas 78714-9347 F. Be accessible by land and air travel,and be in a location where delivery services are available which can guarantee overnight delivery; G. Be certified by the U.S. Food and Drug Administration or its certifying agency, the Texas Department of State Health Services, for analysis of shellfish waters; H. Meet laboratory proficiency standards as set forth in Laboratory Procedures for the Examination of Seawater and Shellfish, fifth edition, 1985, which is hereby incorporated by reference, or the latest edition accepted by the U.S. Food and Drug Administration, for analysis of shellfish by laboratories that have been cleaned and autoclaved. I. Return bay water sample bottles to the originating DSHS field office in containers supplied by DSHS, return freight collect, to DSHS. II. PERFORMANCE MEASURES The System Agency will monitor the Performing Agency's performance of the requirements in Attachment A and compliance with the Contract's terms and conditions. System Agency Contract No. v.02.01.2016 Page 1 DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 ATTACHMENT A STATEMENT OF WORK III.INVOICE AND PAYMENT A. Performing Agency will request monthly payments using the State of Texas Purchase Voucher(Form B-13) at http: www.System Agency.state.tx.us grants forms/b 13 form.doc. Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the address/number below. Department of State Health Services Claims Processing Unit,MC 1940 1100 West 49`h Street P.O. Box 149347 Austin,TX 78714-9347 FAX: (512)458-7442 EMAIL: invoices(cbdshs.state.tx.us and crosinvoices(c—odshs.texas.gov B. Performing Agency will be paid on a unit rate basis. System Agency will pay Contractor $35.00 for each completed and satisfactorily performed fecal coliform test. Total payments will not exceed$56,000.00 for the Contract term. System Agency Contract No. v.02.01.2016 Page 2 DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 HHSC Uniform Terms and Conditions Version 2.14 Published and Effective:September 1,2017 Responsible Office:Chief Counsel TEXAS V Health and Human Services Health and Human Services Commission HHSC Uniform Terms and Conditions - Local Governmental Body Version 2.14 DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 TABLE OF CONTENTS ARTICLE I DEFINITIONS AND INTERPRETIVE PROVISIONS............................................3 1.01 Definitions.......................................................................................................................... 3 1.02 Interpretive Provisions.....................................................................................................4 ARTICLEII CONSIDERATION................................................................................................... 5 2.01 Expenses........................................................................................................................... 5 2.02 Funding............................................................................................................................. 5 ARTICLE III WARRANTY,AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS.... 6 3.01 Federal Assurances........................................................................................................... 6 3.02 Federal Certifications....................................................................................................... 6 ARTICLE IV INTELLECTUAL PROPERTY.............................................................................. 6 4.01 Intellectual Property.........................................................................................................6 ARTICLE V RECORDS, AUDIT,AND DISCLOSURE .............................................................6 5.01 Access to records,books, and documents........................................................................ 6 5.02 Response.compliance with audit or inspection findings.................................................. 7 5.03 SAO Audit........................................................................................................................ 7 5.04 Recapture of Funds...........................................................................................................7 5.05 Public Information and Confidentiality............................................................................ 8 5.06 Data Security.................................................................................................................... 8 ARTICLE VI CONTRACT MANAGEMENT AND EARLY TERMINATION......................... 8 6.01 Contract Management...................................................................................................... 8 6.02 Termination for Convenience........................................................................................... 8 6.03 Termination for Cause......................................................................................................9 6.04 Equitable Settlement........................................................................................................9 ARTICLE VII MISCELLANEOUS PROVISIONS...................................................................... 9 7.01 Technical Guidance Letters.............................................................................................. 9 7.02 Survivability..................................................................................................................... 9 7.03 No Waiver........................................................................................................................9 7.04 Standard Terms and Conditions....................................................................................... 9 v. 9.1.17 DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 ARTICLE I DEFINITIONS AND INTERPRETIVE PROVISIONS 1.01 Definitions As used in this Contract, unless the context clearly indicates otherwise or defined in the Signature Document,the following terms and conditions have the meanings assigned below: "Amendment"means a written agreement, signed by the parties hereto, which documents changes to the Contract other than those permitted by Technical Guidance Letters,as herein defined. "Attachment" means documents, terms, conditions, or additional information physically added to this Contract following the execution page or included by reference, as if physically, within the body of this Contract. "Contract" means the Signature Document, these Uniform Terms and Conditions, along with any Attachments, and any Amendments, purchase orders, or Technical Guidance Letters that may be issued by the System Agency,to be incorporated by reference herein for all purposes if issued. "Deliverables"means any item,report,data,document,photograph,or other submission required to be delivered under the terms of this Contract,in whatever form. "Effective Date" means the date agreed to by the Parties as the date on which the Contract takes effect. "Federal Assurances" means Standard Form 424B (Rev. 7-97), as prescribed by OMB Circular A-102 (non-construction projects); or Standard Form 424D (Rev. 7-97), as prescribed by OMB Circular A-102 (construction projects). "Federal Certifications" means U.S. Department of Commerce Form CD-512 (12-04), "Certifications Regarding Lobbying—Lower Tier Covered Transactions." "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP"means Generally Accepted Accounting Principles. "GASB"means the Governmental Accounting Standards Board. "Health and Human Services Commission" or "HHSC" means the administrative agency established under Chapter 531,Texas Government Code or its designee. "Intellectual Property" means patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights and all applications and worldwide registration of such, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, and other intangible proprietary information. "Local Government" means the Party to this Contract that meets the definition of this term under Tex. Gov't Code § 791.003(4). "Parties"means the System Agency and Local Government,collectively. v. 9.1.17 DocuSign Envelope ID:F2E1 BOC6-BDDA-42AD-A52F-7014C7DD1 4E4 "Party"means either the System Agency or Performing Agency,individually. "Pro,iect"means the goods and/or Services described in the Signature Document or an Attachment to this Contract. "Public Information Act"or"PIA"means Chapter 552 of the Texas Government Code. "Sen ices" means the tasks, functions, and responsibilities assigned and delegated to Local Government under the Contract. "Simnature Document" means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "System Agency" means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State or Teras Textral ?" means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22,relative to travel reimbursements under this Contract,if any. "Subcontractor"means an individual or business that performs part or all of the obligations of Local Government under this Contract. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the requirements of the Contract,issued by the System Agency to the Local Government. "Work" means all Services to be performed, goods to be delivered, and any appurtenant actions performed and items produced,conceived,or developed,including Deliverables. 1.02 Interpretive Provisions A. The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms. B. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term "including" is not limiting and means "including without limitation' and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract,and(ii)references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to "sections," "appendices," or "attachments" are references to sections, appendices,or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended,modified,or supplemented from time to time during the term of the Contract. v. 9.1.17 DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 F. The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract. G. All Attachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each shall be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver shall be deemed modified by the phrase"in its sole discretion." J. Time is of the essence in this Contract. ARTICLE II CONSIDERATION 2.01 Expenses Except as otherwise provided in the Contract, no ancillary expenses incurred by the Local Government in connection with its provision of the Services or Deliverables will be reimbursed by the System Agency. Ancillary expenses include, but are not limited to costs associated with transportation,delivery,and insurance for each Deliverable. When the reimbursement of travel expenses is authorized by the Contract, all such expenses shall be reimbursed in accordance with the rates set by the State of Texas Textravel. 2.02 Funding A. This Contract shall not be construed as creating any debt on behalf of the State of Texas or the System Agency in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article Vlll, Section 6 of the Texas Constitution, it is understood that all obligations of the System Agency hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable,this Contract may be terminated. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. B. Furthermore, any claim by Local Government for damages under this Contract may not exceed the amount of funds appropriated for payment, but not yet paid to Local Government, under the annual budget in effect at the time of the breach. Nothing in this provision shall be construed as a waiver of sovereign immunity. C. This Contract is contingent upon the availability of sufficient and adequate funds. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the Texas General Appropriations Act, agency consolidation, or any other disruptions of current funding for this Contract, the System Agency may restrict, reduce, or terminate funding under this Contract. This Contract is also subject to immediate cancellation or termination, without penalty to the System Agency, if sufficient and adequate funds are not available. Contractor will have no right of action against the System Agency if the v. 9.1.17 DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 System Agency cannot perform its obligations under this Contract as a result of lack of funding for any activities or functions contained within the scope of this Contract. In the event of cancellation or termination under this Section, the System Agency shall not be required to give notice and shall not be liable for any damages or losses caused or associated with such termination or cancellation. ARTICLE III WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS 3.01 Federal Assurances Local Government further certifies that, to the extent Federal Assurances are incorporated into the Contract under the Signature Document,the Federal Assurances have been reviewed and that Local Government is in compliance with each of the requirements reflected therein. 3.02 Federal Certifications Local Government further certifies, to the extent Federal Certifications are incorporated into the Contract under the Signature Document, that the Federal Certifications have been reviewed, and that Local Government is in compliance with each of the requirements reflected therein. In addition, Local Government certifies that it is in compliance with all applicable federal laws, rules,or regulations,as they may pertain to this Contract. ARTICLE IV INTELLECTUAL PROPERTY 4.01 Intellectual Property A. To the extent any Work results in the creation of Intellectual Property, all right, title, and interest in and to such Intellectual Property shall vest in the System Agency upon creation and shall be deemed to be a "work made for hire" and made in the course of the services rendered pursuant to this Contract. B. To the extent that title to any such Intellectual Property may not by law vest in the System Agency, or such Intellectual Property may not be considered a"work made for hire,"all rights, title, and interest therein are hereby irrevocably assigned to the System Agency. The System Agency shall have the right to obtain and to hold in its name any and all patents, copyrights, trademarks, service marks, registrations, or such other protection as may be appropriate to the subject matter,including extensions and renewals thereof. C. Local Government must give the System Agency and the State of Texas, as well as any person designated by the System Agency or the State of Texas, all assistance required to perfect the rights defined herein without any charge or expense beyond the stated amount payable to Local Government for the services authorized under this Contract. ARTICLE V RECORDS,AUDIT,AND DISCLOSURE 5.01 Access to records,books,and documents In addition to any right of access arising by operation of law, Local Government and any of Local Government's affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or Services are performed, and all records,which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that shall have a right of access to records as described in v. 9.1.17 DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, and any successor agencies. Each of these entities may be a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Local Government shall produce original documents related to this Contract. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Local Government shall include this provision concerning the right of access to,and examination of, sites and information related to this Contract in any Subcontract it awards. 5.02 Response/compliance with audit or inspection findings A. At Local Government's sole expense, Local Government must take action to ensure its or a Subcontractor's compliance with a correction of any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle relating to the Services and Deliverables or any other deficiency contained in any audit, review, or inspection conducted under the Contract. Whether Local Government's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the Services,Local Government must provide to HHSC upon request a copy of those portions of Local Government's and its Subcontractors' internal audit reports relating to the Services and Deliverables provided to the State under the Contract. 5.03 SAO Audit Local Government understands that acceptance of funds directly under the Contract or indirectly through a Subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office (SAO), or any successor agency, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee,an entity that is the subject of an audit or investigation by the SAO must provide the SAO with access to any information the SAO considers relevant to the investigation or audit. Local Government agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation,including providing all records requested. Local Government will ensure that this clause concerning the authority to audit funds received indirectly by Subcontractors through Local Government and the requirement to cooperate is included in any Subcontract it awards. 5.04 Recapture of Funds The System Agency may withhold all or part of any payments to Local Government to offset overpayments made to the Local Government. Overpayments as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii)that are not allowed under applicable laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Contract,including any unapproved expenditures. Local Government understands and agrees that it shall be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Local Government further understands and agrees that reimbursement of such disallowed costs shall be paid by Local Government from funds which were not provided or otherwise made available to Local Government under this Contract. v. 9.1.17 DocuSign Envelope ID:F2E1 BOC6-BDDA-42AD-A52F-7014C7DD1 4E4 5.05 Public Information and Confidentiality Information related to the performance of this Contract may be subject to the Public Information Act and will be withheld from public disclosure or released to the public only in accordance therewith. Local Government shall make any information required under the Public Information Act available to the System Agency in portable document file ('.pdf') format or any other format agreed between the Parties. To the extent permitted by law, Local Government and the System Agency agree to keep all information confidential, in whatever form produced,prepared, observed, or received by Local Government or the System Agency. The provisions of this section remain in full force and effect following termination or cessation of the services performed under this Contract. 5.06 Data Security Each Party and its Subcontractors will maintain reasonable and appropriate administrative, physical, and technical safeguards to ensure the integrity and confidentiality of information exchanged in the performance of services pursuant to this Contract and protect against any reasonably anticipated threats or hazards to the security or integrity of the information and unauthorized use or disclosure of the information in accordance with applicable federal and state laws, rules, and regulations. Upon notice, either Party will provide, or cause its subcontractors and agents to provide, the other Party or its designee prompt access to any information security records, books, documents, and papers that relate to services provided under this Contract. ARTICLE VI CONTRACT MANAGEMENT AND EARLY TERMINATION 6.01 Contract Management To ensure full performance of the Contract and compliance with applicable law, the System Agency may take actions including: A. suspending all or part of the Contract; B. requiring the Local Government to take specific corrective actions in order to remain in compliance with term of the Contract; C. recouping payments made to the Local Government found to be in error; D. suspending and/or limiting any services and placing conditions on any such suspensions and/or limitations of services; E. imposing any other remedies authorized under this Contract; and F. imposing any other remedies, sanctions or penalties permitted by federal or state statute,law,regulation,rule. 6.02 Termination for Convenience The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination. v. 9.1.17 DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 6.03 Termination for Cause The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, at its sole discretion, that Local Government has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Local Government's duties under the Contract. 6.04 Equitable Settlement Any early termination under this Article shall be subject to the equitable settlement of the respective interests of the Parties up to the date of termination. ARTICLE VII MISCELLANEOUS PROVISIONS 7.01 Technical Guidance Letters In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during Work performance in the form of a Technical Guidance Letter. A TGL must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. Any TGL issued by the System Agency shall be incorporated into the Contract by reference herein for all purposes when it is issued. 7.02 Survivability All obligations and duties of the Local Government not fully performed as of the expiration or termination of this Contract will survive the expiration or termination of the Contract. 7.03 No Waiver Neither failure to enforce any provision of this Contract nor payment for services provided under it constitute waiver of any provision of the Contract. 7.04 Standard Terms and Conditions A. In the performance of this Contract, each Party shall comply with all applicable federal, state, and local laws, ordinances, and regulations. Each Party shall make itself familiar with and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations that in any manner affect performance under this Contract. Each Party will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. B. All records relevant to this Contract shall be retained for a minimum of seven(7) years. The period of retention begins at the date of final payment by the System Agency, or from the date of termination of the Contract, whichever is later. The period of retention shall be extended for a period reasonably necessary to complete an audit or to complete any administrative proceeding or litigation that may ensue. C. The System Agency shall own, and Local Government hereby assigns to the System Agency, all right, title, and interest in all tangible Work. D. Local Government shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas v. 9.1.17 DocuSign Envelope ID:F2E1 B0C6-BDDA-42AD-A52F-7014C7DD14E4 State Auditor's Office, the United States Government, and/or their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules,regulations, and statutes. E. This Contract and the rights and obligations of the Parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Local Government irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE SYSTEM AGENCY. F. If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the non- enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. G. Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant shall be suspended, and the affected Party shall not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure shall promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The Party claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where it is possible to do so and shall resume performance at the earliest possible date. However, if non-performance continues for more than thirty(30) days, the System Agency may terminate this Contract immediately upon written notification to Local Government. H. This Contract, its integrated Attachment(s), and any purchase order issued in conjunction with this Contract constitute the entire agreement of the Parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in such Attachment(s) and/or purchase order shall be harmonized with this Contract to the extent possible. Unless such integrated Attachment or purchase order specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the terms of this Contract. v. 9.1.17 DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 I. Neither party shall assign or subcontract the whole nor any part of the contract, including any right or duty required under it, without the other party's prior written consent. Any assignment made contrary to this shall be void. J. This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. If the Contract is not executed by the System Agency within thirty (30) days of execution by the other Party, this Contract shall be null and void. K. Pursuant to Chapter 2259 of the Texas Government Code entitled, "Self-Insurance by Governmental Units," Each Party is self-insured and, therefore, is not required to purchase insurance. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK v. 9.1.17 DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD1414 IACIIMENT C SUPPLEMENTAL & SPECIAL CONDITIONS SUPPLEMENTAL CONDITIONS THERE ARE NO SUPPLEMENTAL CONDITIONS FOR T11IS CONTRACT THAT MODIFY THE HHS UNIFORM TERMS AND CONDITIONS SPECIAL CONDITIONS Section 1.01 Notice of Legal Matter or Litigation. Performing Agency shall notify the contract manager assigned to this Contract of any litigation or legal matter related to or affecting this Contract within seven calendar days of becoming aware of the litigation or legal matter. Section 1.02 Notice of a Contract Action. Performing Agency shall notify their assigned contract manager assigned to the contract if Performing Agency has had any contract suspended or terminated for cause by any local,state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local,state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. Section 1.03 Notice of Bankruptcy. Performing Agency shall notify in writing their assigned contract manager assigned of its plan to seek bankruptcy protection within five days of such action by Performing Agency. Section 1.04 N o t i c e o f Criminal Activity and Disciplinary Actions. a. Performing Agency shall immediately report in writing their contract manager when the Performing Agency has knowledge or reason to believe any that they or any person with ownership or controlling interest in the organization/business,or their agent,employee,subContractor or volunteer that is providing services under this Contract has engaged in any activity that: 1. Would constitute a criminal offense equal to or greater than a Class A misdemeanor;and 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; or 3. Has been placed on community supervision,received deferred adjudication,or been indicted for or convicted of a criminal offense relating to involvement in any financial matter,federal or state program or felony sex crime. b. Performing Agency shall not permit any person who engaged,or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients,unless otherwise directed in writing by DSHS. Section 1.05 Performing Agency's Notification of Change of Contact Person or Key Personnel. Within ten days shall notify in writing the contract manager assigned to the Contract of any change enumerated in the Performing Agency's Contact Person or Key Personnel. Section 1.06 Disaster Services. In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Performing Agency may be called upon to assist DSHS in providing the following services: v.03.10.2016 Page 1 DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 tACIIMENT C SUPPLEMENTAL & SPECIAL CONDITIONS a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food,drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; 1. Public health information; in. Vector control and veterinary services; and n. Victim identification and mortuary services. Section 1.07 Notice of a License Action. Performing Agency shall notify their contract manager of any action impacting its license to provide services under this Contract within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local,state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 1.08 Interim Extension Amendment. a. Prior to or on the expiration date of this Contract,the Parties agree that this Contract can be extended as provided under this Section. b. DSHS/HHSC shall provide written notice of interim extension amendment to the Performing Agency under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor;or 2. To ensure that services are provided to clients without interruption. c. DSHS will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Performing Agency will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section(b)(1)above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section(b)(2)above shall be a one-time extension for a period of time determined by HHS/DSHS. v. 03.10.2016 Page 2 DocuSign Envelope ID:F2E1 BOC6-BDDA-42AD-A52F-7014C7DD14E4 OMB Number:4040-0007 Expiration Date:01/31/2019 ASSURANCES- NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0040),Washington,DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions,please contact the awarding agency. Further,certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973,as amended(29 U.S.C.§794),which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975,as amended (42 U. of project cost)to ensure proper planning, management S.C.§§6101-6107),which prohibits discrimination on and completion of the project described in this the basis of age; (e)the Drug Abuse Office and application. Treatment Act of 1972(P.L.92-255),as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency,the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and of the United States and, if appropriate,the State, Alcoholism Prevention,Treatment and Rehabilitation through any authorized representative,access to and Act of 1970(P.L.91-616),as amended, relating to the right to examine all records, books, papers,or nondiscrimination on the basis of alcohol abuse or documents related to the award;and will establish a alcoholism; (g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968(42 U.S.C.§§3601 et seq.), as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i)any other conflict of interest,or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made;and,Q)the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply,or has already complied,with the 1970(42 U.S.C. §§4728-4763)relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition one of the 19 statutes or regulations specified in Policies Act of 1970(P.L.91-646)which provide for Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or Personnel Administration(5 C.F.R.900, Subpart F). whose property is acquired as a result of Federal or federally-assisted programs.These requirements apply to all interests in real property acquired for 6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in nondiscrimination.These include but are not limited to: purchases. (a)Title VI of the Civil Rights Act of 1964(P.L.88-352) which prohibits discrimination on the basis of race,color 8. Will comply,as applicable,with provisions of the or national origin; (b)Title IX of the Education Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328) Amendments of 1972,as amended(20 U.S.C.§§1681- which limit the political activities of employees whose 1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole the basis of sex; (c)Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 9. Will comply,as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C.§§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C.§276c and 18 U.S.C.§874),and the Contract Act of 1966, as amended(16 U.S.C.§470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C.§§327- (identification and protection of historic properties), and 333),regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974(16 U.S.C.§§469a-1 et seq.). 10. Will comply, if applicable,with flood insurance purchase 14. Will comply with P.L.93-348 regarding the protection of requirements of Section 102(a)of the Flood Disaster human subjects involved in research,development,and Protection Act of 1973(P.L.93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15• Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10,000 or more. 1966(P.L.89-544,as amended,7 U.S.C.§§2131 et seq.)pertaining to the care, handling,and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research,teaching,or prescribed pursuant to the following: (a)institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969(P.L.91-190)and 16. Will comply with the Lead-Based Paint Poisoning Executive Order(EO)11514;(b)notification of violating Prevention Act(42 U.S.C.§§4801 et seq.)which facilities pursuant to EO 11738; (c)protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990;(d)evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e)assurance of 17 Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133, Act of 1972(16 U.S.C.§§1451 et seq.); (f)conformity of "Audits of States, Local Governments,and Non-Profit Federal actions to State(Clean Air)Implementation Plans Organizations." under Section 176(c)of the Clean Air Act of 1955,as amended (42 U.S.C.§§7401 et seq.); (g)protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws,executive orders, regulations,and policies Drinking Water Act of 1974,as amended(P.L.93-523); governing this program. and, (h)protection of endangered species under the Endangered Species Act of 1973,as amended(P.L.93- 19. Will comply with the requirements of Section 106(g)of 205). the Trafficking Victims Protection Act(NPA)of 2000,as amended(22 U.S.C.7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from(1)Engaging in severe 1968(16 U.S.C.§§1271 et seq.)related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2)Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3)Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 424B(Rev.7-97)Back DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,00 0 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required statement shall be subjec t to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 'APPLICANT'S ORGANIZATION 'PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: I I -First Name: Middle Name: 'Last Name: Suffix: 'Title: 'SIGNATURE: 'DATE: DocuSign Envelope ID:F2E1B0C6-BDDA-42AD-A52F-7014C7DD14E4 TEXAS bV Health and Human Services Routing Request PC5.515 Section 1:Request Information Contract No.: HHS000112500001 ® New ❑Amendment No.: Emergency ❑ (See Tex.Gov Tex.Gov't Code Ch.418, Work Order No.: ❑ New ❑Amendment No.: §2155.137andTAC§20.41) Contractor Legal Business Name: Corpus Christi-Nueces County Public health District Total Contract Value(including renewals): 56,000.00 Requesting Agency/Program: DSHS/CMS Contract Manager Name: Frank Rivera Buyer Name: Gracie Perez Contract Manager E-mail: Frank.Rivera@dshs.texas.gov Buyer E-mail: gracie.perez@hhsc.state.tx.us Contract Manager Phone: 512-776-3451 Buyer Phone: 512-406-2554 ApprovalsSection 2:CAPPS .. program area. Approver Title Approver Name Approver E-mail Address see attached proof of approval 1. Section Director Patty Melchior patty.melchior@dshs.texas.gov ❑ 2. Associate Commissioner Jonathan R.Huss Jon.Huss@dshs.texas.gov ❑ 3. Legal = Clark Miller clark.miller@hhsc.state.tx.us ❑ 4. C ❑ 5. =IF ❑ 6. ❑ 7. ❑ B. E ❑ 9. ❑ 10.1 7711E =11 ❑ 11.11 ❑ 12.1 =IF F- ❑ 13. I ❑ 14. IF ❑ 15.Deputy Executive Commissioner ($1 M and over only) ❑ Revised and Effective:04/02/2018 DocuSign Envelope ID:F2E1 BOC6-BDDA-42AD-A52F-7014C7DD1 4E4 c`1; J TEXAS Health and Human Services Routing Request PCS.515 Section 3:DocuSign Signatories Signatory Name E-mail Address Contractor Signature Authority Annette Rodriguez,M.P.H Director of Public annetter@cctexas.com Additional Contractor Signature Authority" Contractor Signature cc Angela Flores angelaf@cctexas.com HHS Budget($1M and over only) Greta Rymal greta.rymal@hhsc.state.tx.us Legal Director($1M and over only) Andy Marker e;;a marker@hhsc.state.tx.us Office of Chief Counsel($1 M and over only) Karen Ray karen.ray@hhsc.state.tx.us HHS Signature Authority Jonathan R.Huss 1on.Huss@dshs.texas gov HHS Signature Authority cc General Inbox cc CMU Mailbox CMUcontracts@dshs.texas gov Instructions PURPOSE To direct HHS contracts,work orders,amendments,renewals,and extensions through routing for the contract document's final approval and execution process. WHEN TO PREPARE THIS FORM The routing request form shall be completed for any document requiring CAPPS FIN 9.2 approval routing and for all DocuSign signature routing. Requestor shall adhere to any HHS Circular-46 requirements as well as consult with program to complete the form prior to submission to Procurement and Contracting Services Quality Assurance ("PCS QA"). The information provided on the routing request form will be used by PCS QA to create the document routing approval path in CAPPS FIN 9.2 as well as create the DocuSign path for contractor signatory and HHS signatory execution. PROCEDURES Section 1:To be completed by Buyer and Program.This section shall contain the necessary contract information. Section 2:To be completed by the Program area.This section shall contain all required program specific approvers.These individuals will be inserted into the CAPPS approval process. For contracts valued at $1M and over, the program Deputy Executive Commissioner is required. Section 3:To be completed by the Program area.This section shall contain all required contract signatory information.These individuals will be inserted into the DocuSign routing path. For contracts valued at $1M and over, Deputy Executive Commissioner of Financial Services,Legal Director,and Chief Counsel are required. **There are certain aspects of this form that do not apply to DFPS.** *If adding second contractor signature authority,please provide instructions on which documents need to be completed by this individual. Revised and Effective:04/02/2018 Ch U) E E d C: cv T • , V � CL CL OLZoco 0 CL a Ln as E 00 T >z � v 'o > Lf) w L OL tM.. CD 11 CL LO w `< a.fel 114- 0m = <� Co 'tet ` C C-i 0 f C) ° L ti LL N LO criQ Q � W Q Edi CL tin o� m O 0 o U LL CL U) m O CL 11 E co 0 26 0 CL V t, 0 E L OMS c '. c w � ` a L =3 �. ❑ .� CL J t Q 0 0 LM Q) CL J ` DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 TEXAS - Health and Human REQUEST DOCUMENT Services Commission General Purchase Request Requestor 00000239322-Rivera,Francisco Requisition ID 0000013683 Document ID ADHOOOOOOOOOOOO0000013554 Document Owner P0000239322-Rivera,Francisco Goods/Services Detail Detailed description/Scope A. Provide System Agency with laboratory services for the analysis of bay water f request(what are you samples collected by the Department of State Health Services(DSHS). Tests shall be uying?)Detail description performed in a laboratory certified to meet United States(U.S.)Food and Drug f the contract request Administration requirements for shellfish waters testing.B.Provide testing capacity for minimum of forty(40)laboratory analysis tests of bay water samples per day for DSHS field offices. The number of laboratory analysis tests of bay water samples required per year is approximately 800-1500. Peak laboratory needs are from October 15 through May 15.C.Analyze bay water samples for fecal coliform using the Association of Analytical Chemists(AOAC)modified A-1 method for Most Probable Number(MPN)using multiple-tube fermentation. Contract Term:09/0112018- 8/31/2020. Purpose of the Requisition:This is a$0.00 requisition using FY18 chartfield o start the CAPPS contract collaboration process with PCS. Once the FY19 organizational budget is loaded,another requisition will be entered to encumber the FY 19 funds for the contract. Justification of request This is a new contract for FY19 to continue the laboratory services for the analysis of ay water samples collected by the Department of State Health Services(DSHS) Initial estimated total value 56,000.000 f the purchase or contract(s)including potential extensions/renewals Request category Services Only Anticipated start date for September 01,2018 services or delivery date for goods Estimated total value of $0.000 Goods Estimated total value of $0.000 Service Service category Professional Services onstruction Project# Emergency/Expedited Request mergency/Expeditedone equest? DocuSign Envelope ID:F2E1BOC6-BDDA-42AD-A52F-7014C7DD14E4 TEXAS Health and Human REQUEST DOCUMENT Services Commission General Purchase Request [Justification Sole Source/Proprietary Sole source Proprietary? Neither Justification EIR Request EIR Request o IT Request IT request category None IT Hardware sub-category IT Peripherals sub-category [s this a new IT position? Contract Request Anticipated award Contract MOUMOA contract? NONE Inter-agency or inter-local Inter-Local contract? Contractor Sub-recipient Neither relationship Agency lead contact 00000239322-Rivera,Francisco Contract manager 00000239322-Rivera,Francisco Does the request involve No exchange of confidential information? Will the awardee be a No HIPAA business associate? CA assigned risk level NA Supplemental information and comments **See Line Comments for contract related supporting documentation** Contract Statement of Work (SOW) description: Contractor will conduct laboratory services for the analysis of bay water samples collected by the Department of State Health Services (DSHS). Vendor (Supplier) Name: Corpus Christi — Nueces County Public Health District Vendor/TIN (Supplier ID): 17460005741 DocuSign Envelope ID:F2E1 BOC6-BDDA-42AD-A52F-7014C7DD1 4E4 TEXAS f Health and Human REQUEST DOCUMENT 1 Services Commission General Purchase Request Vendor (Supplier) Mail Code: 027 Contract Term: 9/1/2018 thru 8/31/2020 Contract Manager Name/Phone: Frank Rivera / 512-776-3451 Contract Manager Email: Frank.Rivera 0)dshs.texas.gov DSHS Program ID (SCOR Other Subject)• SandAL SCOR Division: Consumer Protection (CP) REQUESTOR INFORMATION Name: Frank Rivera Phone Number: 512-776-3451 E-mail address: Frank.Rivera adshs.texas.gov DocuSign Envelope ID:F2E1 BOC6-BDDA-42AD-A52F-7014C7DD1 4E4 HHS Purchasing Page: 1 of 1 Run Date: 3/812018 Requisition Run Time: 10:49:27 AM Cane­d "40P*df V so,dSrA� Report ID: TXCP0002X Business Unit HHSTX Origin UE5 Requestor FRANCISCO BCM Status Valid RIVERA Requisition ID 0000013683 Status Approved Requestor 512/776-3451 Req Approval 03/05/2018 Phone Date Requisition 01/29/2018 Description FY19 CMS SandAL Date HEADER COMMENTS: 3/5/18 MHouston Line Description UOM Qty Price Amount Line Status 1 FY19-DSHS SandAL-New EA 1 0.00 0.00 Approved Contract-To provide laboratory services for the analysis of bay water samples collected by the Department of State Health Services(DSHS). Vendor ID Vendor Loc Vendor Name Class Item Buyer 1746000574 000 CITY OF CC US REV DBA CC NUECES 962 75 COUNTY HEALTH D Schedule 1 Schedule Amount 0.00 Dist I Account FundDept ID Program PCA Appn. Agy CF1 Agy CF2 Amount Location Ln Yr. 1 1 729900 15022 E50 100 703 62010 032018 0.00 Austin:1100 W 49th St Line Nbr Comments 1 Attachments include: -Copy of Statement of Work -PCS-438 Vendor Determination -PCS-515 Total Requisition: $0.00 Docu 0 SECURED Certificate Of Completion Envelope Id:F2E1BOC6BDDA42ADA52F7014C7DD14E4 Status:Sent Subject:New$56,000;HHS000112500001 Corpus Christi-Nueces County Public Health District;DSHS/CMS Source Envelope: Document Pages?28 Signatures:0 Envelope Originator: Certificate Pages:2 Initials:0 Texas Health and Human Services Commission AutoNav:Enabled 1100 W.49th St. Envelopeld Stamping:Enabled Austin,TX 78756 Time Zone:(UTC-06:00)Central Time(US&Canada) PCS_DocuSign@hhsc.state.tx.us IP Address:167.137.1.16 Record Tracking Status:Original Holder:Texas Health and Human Services Location:DocuSign June 22,2018 Commission PCS—DocuSign@hhsc.state.tx.us Signer Events Signature Timestamp Annette Rodriguez Sent:June 22,2018 aroddguez@chshel.org President/CEO The Children's Shelter Hope Center Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jonathan Huss ion.huss@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Gracie Perez C 0 PI E D Sent:June 22,2018 gracie.perez@hhsc.state.tx.us Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Frank Rivera COPIED Sent:June 22,2018 Frank.Rivera@dshs.texas.gov Viewed:July 5,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp CMU Contract Inbox COPIED Sent:June 22,2018 cmucontracts@dshs.texas.gov Viewed:June 27,2018 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Angela Flores COPIED Sent:June 22,2018 angelaf@cctexas.com Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted June 22,2018 Payment Events Status Timestamps se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of August 14, 2018 1852 Action Item for the City Council Meeting of August 21, 2018 DATE: August 14, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD a)..cctexas.com (361) 857-1909 E. Jay Ellington, Director of Parks and Recreation Department JayEll(a)cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 HVAC Removal and Replacement at Central Kitchen, with a Two-Month Service Agreement CAPTION: Motion authorizing a two-month Service Agreement with Pro Tech Mechanical, Inc. from Corpus Christi, Texas, for HVAC removal and replacement at Central Kitchen, for a total amount not to exceed $112,166. PURPOSE: The item is to approve the HVAC Removal and Replacement at Central Kitchen. BACKGROUND AND FINDINGS: The four HVAC systems located at the Nutrition Education Service Center, 4101 Old Brownsville Road, will be out of compliance if not replaced to meet the new EPA standards by the end of 2019 which require conversion to a refrigerant other than R22. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received one bid; staff concluded that the bid submitted was fair and reasonable. Staff recommends award to Protech Mechanical, Inc. 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: Asset Management Parks and Recreation FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $325,000 $0.00 $325,000 Encumbered /Expended Amount $16,551 $0.00 $16,551 This item $112,166 $0.00 $112,166 BALANCE $196,283 $0.00 $196,283 Fund(s): General fund and CDBG fund Comments: Funding for this service agreement has been approved in the FY2017-2018. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation BID TABULATION CITY OF CORPUS CHRISTI RFB NO. 1567 PURCHASING DIVISION HVAC REMOVAL AND REPLACEMENT BUYER: JOHN ELIZONDO AT CENTRAL KITCHEN Pro Tech Mechanical, Inc. ITEM DESCRIPTION LUMP SUM Corpus Christi, TX UNIT PRICE EXTENDED PRICE HVAC Removal and Replacement at Central 1 1 Kitchen 1 1 $ 112,166.00 $ 112,166.00 $ 112,166.00 4�S SERVICE AGREEMENT NO. 1567 HVAC Removal and Replacement at Central Kitchen zest THIS HVAC Removal and Replacement at Central Kitchen Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi.a Texas home- rule municipal corporation ("City") and Pro Tech Mechanical, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide HVAC Removal and Replacement 07 Central Kitchen in response to Request for Bid/Proposal No. 1567 ("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 se` out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide HVAC Removal and Replacement at Central Kitchen ("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 two 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 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 $112,166.00, 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 Federal Fund'ng Page 1 of 7 Name: Jesse Hernandez Department: Asset Management Phone: 361-826-1983 Email: JesseH@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 a+ 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 invo,7ce. S. warranty. Service Agreement S'andard Form Federal Funding Page 2 of 7 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator it 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 and Changes. 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. Any changes that alter the SFxv'c:e Agreement Standard Form-Federal Funding Page 3 of 7 method, price, or schedule of work must be allowable, allocable,within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 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 mai', 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: Jesse Hernandez Title: Project Manager Address: 12101 Leopard St. Corpus Christi, TX 78401 Phone: 361-826-1983 Fax: NIA IF TO CONTRACTOR: Contractor Name: Pro Tech Mechanical, Inc. Attn: Mike Richter Title: Vice President Address: 1622 Saratoga St., Corpus Christi, TX 78417 Phone: 361-882-2101 Fax: 361-882-2154 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS'FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form-Federal Funding Page 4 of 7 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) Termination for Cause. 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) Termination for Convenience. 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. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination,if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. 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. 21. 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 Service Agreement Standard Form-Federal Funding Page 5 of 7 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. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 23. 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. 24. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycoI I Israel and will not boycott Israel during the term of this Agreement. 25. 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. 26. 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. 27. Federal Funding Requirements. This project is subject to requirements provided for Federal Emergency Management Agency (FEMA) and/or other federally-funded projects. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as FEMA or its designee may by appropriate instructions require, a copy of applicable prevailing wage decision, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be Service Agreement Standard Form-Federal Funding Page 6 of 7 responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. CONTRACTOR _ F v Signature: Printed Name: SAN fF?rrtiDGC- Title: �E�►�t� � ) Date: _ -7/94 4tr - 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 and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1567 Exhibit 2: Contractor's Bid/Proposa� Response Service Agreement Standard Form-Federal Funding Page 7 of 7 Attachment A - Scope of Work 1.1 General Requirements/Background Information A.The purpose of this project is to remove and replace HVAC system at the Central Kitchen, located at 4141 Old Brownsville Rd, Corpus Christi, Texas 78405. Contractor shall be responsible for all work required to provide a complete 100% turnkey project. Contractor shall ensure that new units meet the requirements of a Commercial Kitchen and all applicable codes. B. This is Federally funded Project. The Contractor must comply with HUD procurement prov'sions in CFR 24 Part 85.36, Equal Employment Opportunity requirements, the Copeland "Anti- Kickback Act, the Davis-Bacon Act, Contract Work Hours and Safety S`andards Act, Section 3 of the Housing and Urban Development Act and other requirements as set forth in the bid documents. 1.2 Scope of Work Contractor shall provide all labor, tools and equipment necessary for the completion of the project. All work must be performed in accordance with federal, state, and local codes including but not limited to IBC 2015, IMC 2015 & NEC 2017. A. Removal 1. The Contractor shall obtain mechanical permit through Development Services, 2. The Contractor shall remove existing units which consists of a (1) 4-ton package unit with gas heat, (1) 10-ton package uni I with gas unit and (2) 15- ton package with gas heat. All the units are Roof Top units(RTU) with multi stage variable speed. 3. The Contractor shall remove electrical packages, refrigerant, disconnect and haul away unit. B. Installation and Inspection 1. Contractor shall install new system as per commercial kitchen requirement and all applicable codes. 2. Contractor shall reconnect gas, electrical and control wiring, as necessary. 3. Contractor shall be responsible at their own expense for facilitating the Windstorm Inspection Process(WPI). Contractor shall facilitate WPI 1 and WPI 8. WPI 8 shall be done afier replacement. 4. Contractor shall perform startup checks of new units. 5. Contracor shall obtain and pass all required mechanical inspections through Development Services. 6. After Installation, Contractor shall provide onsite training on operation and maintenance of HVAC unit to the Facilities personnel. 7. Contractor shall restore any wall and floors penetrated by the new systems during Installation. C. Project Schedule 1. Estimated duration for the project is 16 weeks. 2. Contractor shall provide project schedule at the beginning of the project. Project Schedule shall identify Start date, Permitting, Equipment Delivery Dates, Duct work Modification (if any), Inspections, Substantial Completion and Owners Training. Contractor shall submit project schedule for approval to the Contract Administrator. D. Safety 1. Contractor shall submit a project safety plan before starting project and provide engineered stamped crane safety plan prior to commencement of crane activities. 2. Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall take special measures to safeguard the area while services are being performed. Contractor shall try to minimize an interference to the building occupants with the day to day operations. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the public during performance of all services under this contract. 1.3 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Attachment B -Schedule of Pricing Item Description Unit Quantity Total Price 1 HVAC Removal and Replacement lump Sum 1 $112,166.00 at Central Kitchen Attachment C -Insurance/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 Director of Facilities & Property Management one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager, The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises-Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 INSTALLATION FLOATER Value of the equipment q -7 q , °a 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. N. 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 ContraL:ior 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 Christ', 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 HVAC Equipment New Installation, Replacement, Repairs and Maintenance 03/07/2018 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 One year warranty for parts and labor on all installation and maintenance work performed. Attachment E—Federal Requirements FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-01 Breach of Contract Terms FR-02 Termination of Contract FR-03 Equal Employment Opportunity-41 CFR Part 60-1.4(b) FR-04 Standard Federal Equal Employment Opportunity Construction Contract Specifications— 41 CFR Part 60.4.3 FR-05 Copeland Anti-Kickback Act 29 CFR Part 5 FR-06 Davis-Bacon Labor Requirements 29 CFR part 5 FR-07 Contract Work hours and Safety Standards Act Requirements FR-08 Regulations Pertaining to Reporting FR-D9 Rights to Inventions FR-10 Access to Records and Record Retention FR-1 1 Clean Air and Water Pollution Control FR-12 Energy Conservation Requirements FR-13 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FR-14 Lobbying and Influencing Federal Employees FR-15 Economic Opportunities for Low and Very-Low Income Persons FR-16 Affirmative Action Regulations and Plan FR-17 Women and Minority Owned Businesses(M1WBE) FR-18 Accessibility Section 504 Compliance FR-19 Texas Architectural Barriers Act FR-20 Drug-Free Workplace Requirements FR-21 Field Requirements �,�a , f 46 FEDERAL REQUIREMENTS: FR-01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5 12. Page 2 of 46 FEDERAL REQUIREMENTS: FR-02 TERMINATION OF CONTRACT a The City may by written notice terminate this contract in whole or in part at any time, either for the City's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress delivered to the City b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherw se In such case, the contractor shall be.!-able to the City for any additional cost occasioned to the City thereby. d If, after notice of termination for failure to fulfill contract obligations. it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract Reference: 49 CFR Part 18.3801(2) Page 2 046 FEDERAL REQUIREMENTS: FR-03 EQUAL EMPLOYMENT OPPORTUNITY- Executive Order 11246 as amended.41 CFR PART 60.1.4(b) During the performance of this contract, the contractor agrees as follows 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3.The contractor will send to each labor union or representative of workers with which he.-she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24 1965, and by rules regulations, and orders of the Secretary of Labor. of pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24. 1965. and such other sanctions may be imposed and remedies invoked as provided in Execut!ve Order 11246 of September 24 1965.. or by rule, regulation or order of the Secretary of Labor,or as otherwise provided by law 7.The contractor will include the provisions of paragraphs(1)through(7)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24. 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in. or is threatened with. litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec 202 amended by EO 11375 of Oct 13. Page 4 of 46 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp. p 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] SEC 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file. Compliance Reports with the contracting agency or the Secretary of Labor as may be directed Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs and employment statistics of the contractor and each subcontractor and shall be in such form as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union cr an agency referring workers or providing or supervising apprenticeship or training for s.,4:h workers the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided. That to the extent such informaton is wi'hin the exclusive possession of a labor upon or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor. the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information 1 he Secretary of Labor may direct that any con'ractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion. sex or national origin. and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recru tment. employment and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statemert and such additional factual material as the Secretary of Labor may require. [Sec 203 amended by EO 11375 of Oct 13 1967 32 FR 14303, 3 CFR, 1966-1970 Comp , p 684; EO 12086 of Oct 5 1978 43 FR 46501 3 CFR 1978 Comp , p 230 Reference:Executive Order 19246& Title 41 CFR Part 60-1.4 Page 5 of 46 FEDERAL REQUIREMENTS: FR-04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS-41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the so'•icitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP). U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S.Treasury Department Form 941; d. "Minority"includes: (1) Black(all)persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3)Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4)American Indian or Alaskan native(all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10.000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female partic-pation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area(including goals and timetables) shall be in accordance with that Pian for those trades which have unions participating in the Plan Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications.The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form,and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal F,1,3,6 of 4, procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training. subject to the availability of employment opportunities.Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor 7. The contractor shah take specific affirmative actions to ensure equa" employment opportunity. The evaluation of the contractors compliance with these specifications shall be based upon its effort to achieve maximum resu:ts from its actions The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor,where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen. superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources. prov de written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses c. Maintain a current file of the names, addresses. and telephone numbers of each minority and female off-the-street applicant and m nority or female referral from a union a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a co lective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor or when the contractor has other nformation that the union referral process has impeded the contractor's efforts to meet its obligations e. Develop on-the-job training opportunities andlor participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor The contractor shall provide notice of these programs to the sources compiled under 7b above f. Disseminate the contractor's EEO poL:cy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed Page 7 of 46 g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 80-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training,etc., such opportunities. m. Ensure that seniority practices,job classifications,work assignments,and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8.Contractors are encouraged to participate in voluntary associations,which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18 7p). The efforts of a contractor association,joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfill`ng any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and Page 8 of 46 failure of such a group to fulfil an obligation sha`I not be a defense for the contractor's noncompliance. 9 A single goal for minorities and a separate single goal for women have been established. The contractor, however is required to provide equal employment opportunity and to take affirmative action for all minority groups. both male and female, and all women, both minority and non-minority Consequently, if the particular group is employed in a substantially disparate manner(for example even though the contractor has achieved its goals for women generally.) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12 The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications. shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications. so as to achieve maximum results from its efforts to ensure equal employment opportun ty. If the contractor fails to comply with the requirements o` the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible off icia to monitor a] employment related activity to ensure that the company EEO policy is being carried out. to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee. the name, address, telephone number, construction trade. union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g , mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay. and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records 15 Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those underthe Public Works Employment Act of 1977 and the Community Development Block Grant Program) Reference-Executive Order 91246& Title 41 CFR Part 60-4 3 Page 9 of 46 FEDERAL REQUIREMENTS: FR-05 COPELAND"ANTI-KICKBACK" ACT—18 U.S.C.874140 U.S.C. 276c 129 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec.874. Kickbacks from public works employees "Whoever, by force, intimidation,or threat of procuring dismissal from employment,or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than$5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934(48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c,Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whale or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure)shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967)constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950(15 F.R. 3176, 64 Stat, 1267, 5 U.S.C. 133z note): "in order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies,and cause to be made by the Department of Labor such investigations,with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." Page 10 of 46 FEDERAL REQUIREMENTS: FR-06 FEDERAL LABOR STANDARDS PROVISIONS(HUD 4010) DAVIS -BACON REQUIREMENTS Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: http/lwww.dolgov/whd/contracts/dbra htm Applicab I ity The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions app icable to such Federal assistance. 1.(i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week. and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act(29 CFR Part 3)). the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics. subject to the provisions of 29 CFR 5 5(a.)(1)(iv);also,regu'ar contributions made or costs incurred for more than a weekly period (but not less often than quarterly)under plans,funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5 5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein. Provided, that the employer's payro'I records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additionati class4fication and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(a)Any class of laborers or mechanics, which is not listed in the wage determinat on and which is to be employed under the contract shall be c'assified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (1) The work to be performed by the classification requested is not performed by a classification in the wage determination and (2)The classification is utilized in the area by the construction industry and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination Page 11 of 46 (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30- day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs(1)(ii)(b)or(c)of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to David-Bacon prevailing wage requirements,which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. Page 12 of 46 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B)of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the p'an or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215- 0017.) (ii) (a) The contractor shall submit weekly, for each week n which any contract work is performed,a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner,as the case maybe.for transmission to HUD or its designee The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i).This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1). U S Government Printing Office, Washington, D C. 20402 The prime contractor 's responsible for the submission of copes of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149) (b)Each payroll submitted shall be accompanied by a"Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following (1)That the payroll for the payroll period contains the information required to be maintained under CFR 5 5(a)i3)(i)above and that such information is correct and complete' (2)That each laborer and mechanic(including each helper,apprentice and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned without rebate either directly or indirectly, and that no deductions have been made either directly or :ndirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed.as specified in the applicab a wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance" required by paragraph A 3 (ii)(b) (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii)The contractor or subcontractor shall make the records required under paragraph A 3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its Fog@ 13of46 designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i)Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formai certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually Page 14 of 46 performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the contractorwill no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR Part 30 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6.Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to Include these clauses in any lower tier subcontracts The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination: debarment.A breach of the contract clauses in 29 CFR 5 5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5,6 and 7 Disputes within the meaning of this clause Include disputes between the contractor(or any of its subcontractors)and HUD,the U.S. Department of Labor, or the employees or their representatives. 10.(i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5 12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii)The penalty for making faise statements is prescribed in the U.S. Criminal Code. 18 U S Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U S C, "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of .. influencing in any way the action of such Administration....makes, utters or publishes any statement knowing the same to be false.....shall be fined not more than$5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable Page 15 of 4.^ shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference:Title 29 CFR Part 5.5 WAGE RATES Page 16 of 46 W1xi7 htlp3/AVWWtpoV. -D General Decision Number: TX176932 9110612017 TX31 Superseded Goneral Decision Number: TX2016N31 State; Texas ConstrVetion Type: Heavy Counties: Nueces and San Patricia Counties in Texas. HEAVY CON51'RUCTIOM PROIEC75 (including Sewer and Water Lina Construction and Drainage Projects) Nate) Under Executive Order (EO) 13658, an hourly ainimum wage of $19.26 for calendar year 2917 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) an or after 7anuary 1, 2815. If this contract is covered by the ED, the contractor must pay all workers in any classification listed on this wage determination at least $19.28 per hour (or the applicable wage rates listed on this wage determination, if it is higher) "r ail hours spent partorming on the contract in calendar year 2017. The ED minimum wage rate will be adjusted nnnually_ Additional information on contractor requirements and worker protections under th4 EO is available at wsww.dol.gov/whd/govcontracts. Modification Number Publication Date 9 01/8612617 • SUTX1987-091 12/81/1987 Rates Fri^ges CARPENTER (Excluding Form 5etting).. . ... .. .... . . . . . 9.85 Concrete Finisher.. . ... . . . . . . .. . .$ 7.56 ELECTRICIAN... .. ... . .. ... . .. . . . ..$ 13.37 2.58 Laborers: Co=on. . . .. .... . . . . . . ... .. ..$ 7.25 Utility.. ...... .... .. ..... .. 7.68 Power equipment aperatOrS: Backhoe. . .. . .. . .. .. . . .. . .. ..$ 9.21 Motor Grader... . . . ... . . .. . .$ 8,72 ------------------------------------------------------------ WELDERS - Receive rates prescribed for craft perfar-7ing operation to which welding is incidental. as==.==.ae==..aa..Y. .............. .exa3Caaa...... Note: Executive Order (EO) 13796, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after 3anuary 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees oust be permitted to use paid sick leave for their hHpalMrww wiW gm M+dd M1scablQs.+Wi sbacorVTX31,Lti b7r-0 Page 17 of 46 .2V2M? hftM_ W--dd gadlnddfscftSkft14*.sb*=VTX31 OWN-0 own illness, injury or other health-related needs, including preventive card; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence. sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EG is available at aww.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classificDtia"s lista44 may be added after award only as provided in the labor standards contract clauses (29CFR S.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that: have been found to be prevailing for the cited type(s) of construction in the area covered by the wage deterninatinn. 'the Classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (Current union negotiated rate For local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU- or "UAVG" denotes that this union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-885 67/81/2514. PLUM is an abbreviation identifier of rhe union which prevailed in the survey for thLs classification, which in this example would be Plumbers. 0196 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, ODS in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2a14, Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CILA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "5U" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non union rates. Example: SULA26-2-007 5113/2814. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not o2jority rates. LA indicates the 5tato of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, e87 in the example, is an internal nurrber used in producing the wage determination. 5/13/2914 indicates the survey completion date for the classifications and rates under that identifier. t*M!!!www.wdoi.p .OwddlsraikrddaviebecoWrX31ANb7VOD Page 18 of 46 3*1*D17 Mtp Afwww"W pwtwdd:seabLes"isbacorOX31A1vb7.-O Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classifications) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100X of the data reported For the classifications was union data. EXAMPLE, UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate_ W indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 88/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in 3snurary of each year, to reflect a weighted average of the currefit negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAG€ DETERMINATION APPEALS PROCESS 1. ) Kai there been an initial decisior^ in the matter? this can be. « an existing published wage determiratioin a survey underlying a *rage determination • a Wages and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling on survey related matters, initial contact, including requests for suxmaries of survey%, shosrld be with the Wage and hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program, If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed, With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division 11,5. Department of Labnr 299 Constitution Avenue, N,ih, Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an Interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Adnlnistrator (Sea 29 CFO Part 1.8 and 29 CFR Part 7). Write to, Mage and Hour Adainistrator U.S. Department of Labor 200 Constitution Avenue, N.W. washingtpn, DC 2.9216 The request should be accompanied by a full statement of the interested party's position and by any information (wage lttlpsJAvwwdrti?v=il Page 19 of 46 3►`21(�1 htlp�,'Iwww fadd.por�rahl;��111ef3�ivt+�l�cr�Tl�3l,dvb7+r�4 povent data, project description, area practice material, etc.) that the requester considers relevant to the issue, 3.) If the decision rrF the Adeinisteator is not favorable, an interested party may appeal directly to tha Administrative Review B08rd (formerly the Wage Appeals Board) , Write to; Administrative Review Board U.S. Repartment of Labor IBB CGnStitution Avenue, N.W. Washington, DC 26219 4.1 All d-ecisions by the Administrative Review Board are final. c____aezan=aa=xu8a6�RG rw�elwweaOman=-----3anaasaaaaOXMC aaana=am END 9f MIRAL 01MION 10 Page 20 of 46 FEDERAL REQUIREMENTS: FR-07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanc receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph(1)of this paragraph,the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph(1)of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2'1 of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs(1) through (4)of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs(1) through(4)of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous. or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanct ons pursuant to the Contract Work Hours and Safety Standards Act, 40 USC_3701_et seq. The Contractor shall include the provisions of this para-graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference 29 CFR Part 5.5 R Advisory Circular 150/5100-6d Poge 21 of 46 FEDERAL REQUIREMENTS: FR-08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of$10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities). Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD-2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families(including single persons)whose incomes do not exceed 50 per centum of the median family Income for the area,as determined by the Secretary with adjustments for smaller and larger families. except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1.Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number(with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Con tract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The"other' category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic/gender character of the owner(s)and controller(s)of 51%of the business.When 51%or more is not owned and controlled by any single racial/ethnic/gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e.Woman Owned Business: Enter Yes or No. 7f.Contractor Identification(ID) Number: Enter the Employer(IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contractlsubcontract awarded. Page 22 of 46 7g.Section 3 Contractor: Enter Yes or No 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 71.Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A Section 3 contractorlsubcontractor is a business concern that provides economic opportunities to low-and very low-income residents of the metropolitan area(nonmetropolitan county), including a business concern that is 51 percent or more owned by low-or very low- income residents; employs a substantial number of low- or very low-income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act. The terms "low income persons" and "very low-income persons" have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families(including single persons)whose incomes do not exceed 80 per centum of the median income for the area,as determined by the Secretary,with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low-Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger fam.lies, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low fam;ly incomes. INSTRUCTIONS FOR: FORM HUD-60002, Section 3 Summary Report, Economic Opportunities for Low-and Very Low-Income Persons. Instructions. This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968 The Section 3 regulations apply to any public and Indian housing programs that receive- (1)development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2)operating assistance pursuant to Section 9 of the U S Housing Act of 1937,or(3)modernization grants pursuant to Section 14 of the U.S Housing Act of 1937 and to recipients of housing and community development assistance in excess of$200,000 expended for: (1)housing rehabilitation(including reduction and abatement of lead- based paint hazards); (2) housing construction; or (3) other public construction projects, and to contracts and subcontracts in excess of$100,000 awarded in connect'.on with the Section-3- covered activity Form HUD-60002 has three parts,which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the bas s of the number of hours worked by new hires(columns B, D E and F). Part II of the form relates to contracting,and Part III summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low-and very low-income persons."A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted Where an annual performance report is not required this Section 3 report Is to be submitted by January 10 and.. if the project ends before December 31, within 10 days of project comp•.etion. Only Prime Recipients are required to report to HUD. Pa ir 46 The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year)this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the"Program Code" in number 8. Part I: Employment and Training Opportunities Column A: Contains various fob categories. Professionals are defined as people who have special knowledge of an occupation (i.e. superv;sors, architects, surveyors, planners, and computer programmers) For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractors or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipients payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non-Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts—Self-explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/IHAs are to report all contracts/subcontracts. *The terms"low-income persons"and very low-income persons"have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons Page 24 of 46 mean families(including single persons)whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families,except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families(including single persons)whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes Page 25 of 46 a p� 46 X C li N F Q F Y N 0 m I .8 ° p Lr _ J C p N p f,3 �• �._ a a us i� O'E 9 �'y�p b_ V� y _e-8S •�`A moi~ b i C9 ._ '� .2 0 ■ MQ A.r �i m.. 7-'.x I l Y 75 � rd� a .' � � � �N1�+ ti�K w0 13 iC �2 C AI -S v.9 as p -c Et as 00 r �r m •L c �S 6 and ❑ a's o Y• b gP g�. .!d Lam, r pa,.8 D I's �'i''�.�f S Y 2f 32 S�C S '`$MVV �. V � Y Y�8• C7 L' � '� ��� o� � $b Page 26 of 46 Section 3 Summary Report US Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for and Urban Development (exp.1113012010) Low—and very Low-Income Persons Office of Fair Housing And Equal Opportunity HUD Field Office: Stamm back of page lot Public Reporting Burden statement HUD Field Office: 1 R"anl Name&Address Istreel city state zip: 2 Federal Identification (gram no 3.Total Amount of Award 4.Contac.Person 5 Phone-(Include area code) 6.Length of Grwt. 7 Reporting Period. B late Report Submitted 9 Program Coble- .use separate sheet 10. Program Name for each program code) Part I: Employment and Training '"Columns B,C and F are mandatory fields. Include New Hires in E 8F A B C O E F Number of Number of New df Aggregate Number %of Total Staff Hours Number of Secton 3 lc,Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees Sec 3 Residents that are Sec 3 Residents and Trainees Professionals Technicians Office/Clerical Construction by Trade(List) Trade Trade Trade Trade Trade Other L'st notal Program Codes 3=Pubtiutndiin Housing 4=Homeless Assistance 8-COBG State Administered 1=Flexible Subsidy A=Development 5=HOME 9=Other CD Programs 2=Secom 2021811 B=Operation 6=HOME State Administered 10=Other Hdusmg Programs Page 1 of 2 form HUD 80002;812001 Ref 24CFR 135 Page 27 of 46 Part It: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all oontracts awarded on the project $ B. Total dollar amount of oontracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded I,Section 3 businesses ` D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts A. Total dollar amount all non-construction contracts awarded on the projectlactivity $ B. Total dollar amount of non construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving non-wristruction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs to the greatest extent feasible, toward low-and very low-ncome persons, particularly those who are recipients of government assistance for hous ng iCheck all that apply.) Attempted to recruit low-income residents through local advertising media.signs prom nently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolitan county)to which the Section 3 covered program or project is located,or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns Coordinated with Youthbuild Programs adm'nistered in the metropolitan area in which the Section 3 covered project is ocated Other;describe below Public reporting for this collection of information is estimated to average 2 hours per response including the time for reviewing instructions searching existing data sources gathering and maintaining the data needed.and completing and reviewing the cc lection of informal on. Th s agency may not collect this information.and you are not required to complete this form unless it displays a currently va id OMB number Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S C 1701 u,mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low-and very-low income persons,particu arty those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients'compliance with Section 3,to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recip'ents as self-mcnitonng tool. The data is entered into a database and will be analyzed and distributed The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1992 An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable The reporting requirements do not contain sensitive quesfons. Data is cumulative.personal identify ng information is not included Fagn tam HUD 600021112010) Ref 24 CFR 135 Page 28 of 46 FEDERAL REQUIREMENTS: FR-9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference Title 49 CFR Part 18.36(1)(8) Floge 29;a{46 FEDERAL REQUIREMENTS: FR-10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative's access to any books documents, papers,and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books. records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference:Title 49 CFR Part 18.36(1) Page 30 of 46 FEDERAL REQUIREMENTS: FR-11 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency(EPA)List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act,as amended, 33 U.S.C. 1251 et seq relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That,as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d To include or cause to be included in any construction contract or subcontract which exceeds$ 100,000 the aforementioned criteria and requirements. Reference- Clean Air Act(42 U.S.C. 7401 at seq_), Federal Water Pollution Control Act(33 U.S C 1251 at seq.) as amended, (49 CFR Part 18 36(i) (12) &Section 306 of the Clean Air Act& Section 508 of the Clean Water Act FEDERAL REQUIREMENTS: FR-12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Public Law 94-163). Reference: Title 49 CFR Part 18.36&Public Law 94-163 Page 32 of 46 FEDERAL REQUIREMENTS: FR-13 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION T he Contractor certifies, by acceptance of this contract. that neither it nor its principals is presently debarred, suspended, proposed for debarment, dec'ared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency It further agrees that it will include this clause without modification in all lower ter transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29&FAA Order 5100 38C FEDERAL REQUIREMENTS: FR-14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Reference: Title 49 CFR Part 20 Appendix A Poge 34 of 46 FEDERAL REQUIREMENTS: FR-14 CERTIFICATION REGARDING_DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily exc.uded from participation in this transaction by any Federal department oragency. It further agrees that it will include this clause without modification in all ,ower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference:49 CFR Part 29&FAA Order 5100.36C Poge 35 of 46 FEDERAL REQUIREMENTS: FR-15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY-LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause). A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall to the greatest extent feasible. be directed to low-and very low-income persons, particularly persons who are rec pients of HUD assistance for housing. B The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3 As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding if any, a notice advising the labor organization or workers representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment pos:tions can see the notice. The notice shall describe the section 3 preference. shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F, Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section Page 36 of 46 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities (a) General In accordance with the findings of the Congress, as stated in section 3,that other economic opportunities offer an effective means of empowering low-income persons,a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be I-mited to, use of"upward mobility", "bridge and trainee positions to fill vacancies. hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c)Other business related economic opportunities. (I,A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns. including micro-enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affil ating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident- owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses A recipient or contractor may employ these methods directly or may provide incentives to non-section 3 businesses to utilize such methods to provide other economic opportunities to low-income persons (2)A section 3 joint venture means an association of business concerns,one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources,and skills forjoint profit,but not necessar�.y on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at !east 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C(Reserved] Poge 37 of 46 FEDERAL REQUIREMENTS: FR-16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan (AAP) must be submitted by the prime contractor and all subcontractors who have subcontracts of$10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. Page 38 of 46 FEDERAL REQUIREMENTS: FR-17 WOMEN AND MINORITY OWNED BUSINESSES(M1WBE) The Contractor will do the best efforts to afford small business(Section 3 (a)of the Small Business Act), minority businesses enterprises and women business enterprises(51%+ owned or controlled by minority group members or women)the maximum practicable opportunity to participate in the performance of this project. 'age 39 0146 FEDERAL_ REQUIREMENTS: FR-18 ACCESSIBILITY SECTION 504 COMPLIANCE CDBG regulations require adherence to the following regulations-Americans with Disabilities Act (ADA)removal of architectural and communications barriers. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of disability. Page 40 of 46 FEDERAL REQUIREMENTS: FR-19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers,Government Code Chapter 469-The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities A State compliance certificate will be required at completion of project construction for contracts$50,000 and above, the contractor sha'I strictly adhere to the construct on approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations(TDLR ) Page 41 of 46 FEDERAL REQUIREMENTS: FR-20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug-Free Workplace Act of 1988(42 U.S.C. 701) requires grantees(including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. Page 42 of 46 FEDERAL REQUIREMENTS: FR-21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis-Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub-contractors'Affirmative Action Plans when applicable. Davis-Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions:The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis- Bacon,Copeland. and Contract Work Hours and Safety Standards Acts Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very-Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board Executive Order 112461:The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti-discrimination policy for this project Parts II & III of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: An Affirmative Action Plan must be submitted by the prime contractor and all sub-contractors who have sub-contracts of $10.000.00 or more on the project These plans must be displayed on the project bulletin board for employee view CDBG Project Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction Dimensions and design is attached The field location wil be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the fobs te. Affidavit and Waiver of Lien by„Contractor:The Contractor must complete, sign and return this waiver with each request for payment. Page 43 of 46 CDBG PROJECT SIGN 8' Red PROJECT N ` Background Project Address White Letters CITY OF CORPUS CHRISTI White Community Development Block Grant (CDBG) Background Black U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Letters (HUD) CDBG FUNDS: $ Total Prosect Cost: $ Blue Contractor Background `d Phone Number. White Letters 4' I i Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of 3/.°' plywood. Sign should be posted at a minimum of than S 6' high from ground level. Poge 44 of 46 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 and Section 3 of the '968 Housing & Urban Development Act regarding EquaEmployment Opportun'ty hereby g'ves notice that no person in the United States shat on the ground of race. color,religion, sex or national origin, be denied employment, and further assurance is also g'ven that will Immediately take any reasonab a measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of Interested parties,and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts,to advise and assist key personne and staff.and officially serve as focal point for complaints, inquires, etc. Attachment #2 ref ects present employment of the company and percentage goals for projected hiring of lower'ncome residents.minorities and women. AFFIRMATIVE SUBCONTRACTING n accordance with Paragraph 135.70 of Section 3.Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. will use the HUD B.,siness Registry:as for as possible,in the project area and inform subcontractors of the need to be on the HUD Reg'stry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be'n each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 wi I be required of all subcontractors of$10,000 or more. UTILIZING LOWER INCOME RESIDENTS.MINORITIES AND WOMEN To the maximum extent feasible, and.any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce,and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION. DEMOTION, PAY RATES,LAYOFFS,ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE DATE COMPANY NAME: ADDRESS: PHONE NO.: Page 45 of 46 AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TI XAS COUNTY OF Personally apuea-ed before me,the undersigned authority in and for said State and County, _ (NamefTitle)of (Name of Company) which firm is hereinafter called'Contractor".who bung duly sworn states on oath that he has personal knowledge of the follow ng: 1 Contractor has paid in full all debts obligations,and liabilities(including,without limitation,all debts:obligations,and liabilities for labor,materials,equipment or services,and for all local,state or federal taxes)which have been incurred by Contractor,or which are claimed by others to have been incurred by Contractor,or which have arisen in conjunction with work done.or labor materials.equipment or services furnished by Contractor under contract with the City of Corpus Christi on the (Project Name) 2 This Affidavit and Waiver is made and g.ven upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract.In consideration therefor.Contractor waives and releases any and all claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the °abor materials,equipment or services referred to above The above statements are made by (flame)of (Name of Company) ind,ndually and on srrha f of the Contractor. (Name and Title) (Company Name) Sworn to and subscribed before me on (Date)_ Notary Public State of Texas Commission Exp.r s END OF FEDERAL REQUIREMENTS Page 46 of 46 se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 14, 2018 NCORROP pEO 1852 Action Item for the City Council Meeting of August 21, 2018 DATE: August 14, 2018 TO: Keith Selman, Interim City Manager FROM: Steve Viera, Director of Human Resources SteveV a)..cctexas.com (361) 826-3445 Kim Baker, Assistant Director of Financial Services—Purchasing Division Kim 132(acctexas.com (361) 826-3169 Employee Health Benefit — Stop Loss Coverage CAPTION: Motion authorizing completion of the negotiations and execution of a one-year service agreement to provide stop loss coverage for the City's self-funded employee health benefits for an estimated value of$1,883,862.48 with Partner Re. PURPOSE: Approval to negotiate and execute a contract for stop loss coverage. BACKGROUND AND FINDINGS: The current contracts for employee health benefits are expiring. These benefits are for City employees including both Fire and Police labor groups. A Request for Proposal No. 1484 was released January 15, 2018 to start the process for new contracts. The City solicited all lines of coverage with the exception of vision. The City received 30 proposals for these services, and evaluations of the proposals began by the City's evaluation committee and health benefits consultant. The five top scoring firms proposing to provide medical and pharmacy benefits were invited for interviews. Upon completion of the interviews the five top firms were asked to submit their best and final offers (BAFOs). The BAFOs were evaluated and final scores were tabulated for each firm to determine the highest ranking firm offering the best value to the City for health benefits. The life and long term disability providers were evaluated in the same manner with the exception that no interviews were conducted. These firms also provided a BAFO for review. Scores were tabulated and the highest ranking firm offering the best value to the City for life and long term disability benefits are being recommended for award. The procurement covered stop loss coverage as well, however pricing could not be finalized for a few months after the process ended for all the other coverages therefore, the award of this coverage was delayed until more recent claims data could be provided in order to improve the pricing for the City. This new claims data was made available in mid-July so that refined BAFO's could be submitted by the participating proposers. The revised BAFO's were received and scored and these final pricing scores were added to the evaluations previously conducted to determine the firm providing the best value to the City. Therefore, staff is recommending Partner Re for award of the stop loss coverage. ALTERNATIVES: No feasible alternative OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Human Resource Department, Financial Services Department, Legal Department and Budget Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $0.00 $1,883,862.48 $1,883,862.48 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $1,883,862.48 $1,883,862.48 BALANCE $0.00 $0.00 $0.00 Fund(s): N/A Comments: There are no funds needed for this fiscal year as the contracts will not begin until next fiscal year. The estimated value of this contract is $1,883,862.48 for this one- year term. Fluctuation in health plan enrollment may alter the total cost. RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix RFP No.1484- Health and Welfare Employee Benefits -Stop Loss Only Kim Baker Proposal Evaluation -Stop Loss Aetna Blue Cross Humana SA Benefit United Healthcare p p Services Minimum Qualifications PASS PASS PASS PASS PASS Licensing/Registration OK OK OK OK OK Required 5 years in Business OK OK OK OK OK No outstanding lawsuits/litigation with City during last 5 OK OK OK OK OK years No outstanding regulatory issues last 5 years OK OK OK OK OK References Provided for firm OK OK OK OK OK Technical Proposal(100 points) Cost(50 points) a)Fixed Costs:includes insurance costs and administrative costs b)Variable Costs:costs stated as a percentage of paid claims,cost management(i.e.,shifting of more/less 0 38.6 0 50 0 workload to City staff) c)Ability to reduce claims expense d) Cost of Stop Loss integration with current third party administrator Financial Stability(30 points) a) Financial Stability(AM Best or Equivalent Agency Rating) 30 30 29.33 29.67 29.67 Claims Processing(10 points) a) Turnaround time excluding medical review of claims b) Fended claims procedures c) Statistical accuracy d) General service procedures 9.67 9.83 9.5 9.83 9.5 e) Dedicated service team f) Willingness to contractually establish performance criteria Past Performance(10 points) a)Active and terminated references b)Past relationship with the client 9 9.83 8.67 9.5 9.33 c)Recognitions/reputation of proposer Interview-No interview for Stop Loss f0fall 48.67 1 88.26 1 47.50 1 99.00 1 48.50 EVALSHEET 1 se o� � v AGENDA MEMORANDUM N0ORPOR IEO Future Item for the City Council Meeting of August 14, 2018 1852 Action Item for the City Council Meeting August 21, 2018 DATE: August 14, 2018 TO: Keith Selman, Interim City Manager FROM: Steve Viera, Director of Human Resources SteveV a)..cctexas.com (361) 826-3445 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim B2 @..cctexas.com (361) 826-3169 Five-Year Service Agreement Drug and Alcohol Testing and Occupational Medical Services for a total not to exceed $1,333,531 CAPTION: Motion authorizing a five-year service agreement with Alliance Health Resources Mobile Division, Ltd., of Deer Park, Texas, for drug and alcohol testing and occupational medical services for a total amount not to exceed of$1,333,531. PURPOSE: To approve a five-year service agreement with Alliance Health Resources Mobile Division, Ltd. to provide drug testing, collection and laboratory services and medical review officer services as needed. BACKGROUND AND FINDINGS: The agreement will allow drug testing, collection and laboratory services and medical review officer services as required by the City of Corpus Christi's Alcohol and Drug Testing Polices and Occupational Medical Services to meet the requirements of the Americans with Disabilities Act, workers' compensation laws, police and fire contracts and related state laws, Civil Service Board and Commission rules, and other related City policies. The Purchasing Division conducted a Request for Proposal process to obtain proposals for the new contract. The City received three responsive, responsible proposals for RFP No. 1585 Drug and Alcohol Testing and Occupational Medical Services and is recommending the award to Alliance Health Resources Mobile Division, Ltd., based on Best Value to the City. 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: Human Resources FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $271 ,587.10 $1 ,318,031.00 $1 ,589,618.10 Encumbered / Expended Amount $232,936.34 0.00 $232,936.34 This item $15,500.00 $1,318,031 .00 $1 ,333,531 .00 BALANCE $23,150.76 0.00 $23,150.76 Fund(s): Other Employee - 5614 Comments: The five-year do not exceed contract value is $1 ,333,531.00 of which $15,500 is funded in FY2017-2018 budget. Future funds will be budged during the standard budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP No. 1585 - Drug and Alcohol Testing and Occupational Medical Services Sr.Buyer-Roberta Ortiz Proposal l Evaluation Alliance Health Resources, The DOCTORS Center Concentra p Mobile Division,Ltd. Minimum Qualifications Licensing Pass Pass Pass Must have operated continuously for a minimum of five years as Pass Pass Pass an established firm in providing same service No outstanding lawsuits during last 5 years or current litigation with Pass Pass Pass the City during last 5 years No outstanding regulatory issues last 5 years Pass Pass Pass References Provided for firm Pass Pass Pass Technical Proposal Technical Proposal(50 points) 42 47 43 Firms'Experience(18 points) Team Experience(18 points) Understanding of Project Scope(14 points) Interview Interview(30 points) 30 25 24 Firms'Experience(8 points) Team Idenfificaton(10 points) Understanding of Project Scope(12 points) Price 20 14 14 Price(20 points) Totall 92 1 86 1 81 SC 0 > SERVICE AGREEMENT NO. 1585 U Drug and Alchol Testing and Occupational Medical Services bO RPOR Af 1852 THIS Drug and Alcohol Testing and Occupational Medical Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Alliance Health Resources Mobile Division, Ltd. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Drug and Alcohol Testing and Occupational Medical Services in response to Request for Bid/Proposal No. 1585 ("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 Drug and Alcohol Testing and Occupational Medical 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 sixty 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 $1,333,531 .00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Sylvia Guzman Department: Human Resources Phone: (361 ) 826-3380 Email: SylviaG@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: Sylvia Guzman Title: Human Resources Administrator Address: 1201 Leopard St., 2nd Floor Human Resources, Corpus Christi, TX 78401 Phone: (361 ) 826-3380 Fax: (361 ) 844-1730 IF TO CONTRACTOR: Alliance Health Resources Mobile Division, Ltd. Attn: Amy Strahan Title: Business Office Manager Address: 2910 Center Street, Deer Park, TX 77536 Phone: (281 ) 479-6672 Fax: (281 ) 479-6594 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 r h 1 I ' i CONTRACTOR Signature: M�`�`" Printed Name: m Title: �3J.S,,NC575 P;q�1 02- � Date: - /;?-I I F 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. 1585 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal;Form 12/15/17 I Attachment A: Scope of Work 1. General Requirements A. The Contractor shall provide drug testing, collection and laboratory services and medical review officer services as required by the City of Corpus Christi's Alcohol and Drug Testing Policies and Occupational Medical Services to meet the requirements of The Americans with Disabilities Act (ADA), workers' compensation laws, police and fire contracts and related state laws, Civil Service Board and Commission rules, and other related City policies. B. The Terms used in this Scope of Work are defined as follows: 1 . "Alcohol Testing" means a procedure using a breath device, that is approved by the National Highway Traffic Safety Administration and placed on a conforming products list, to determine whether an employee may have a prohibited concentration of alcohol in a breath or saliva specimen, except for as provided in the Police Department Alcohol Testing programs which shall be by blood test; 2. "Attachment" means a numbered exhibit to the Contract. 3. "C.A.P." means the College of American Pathologists - Forensic Drug Testing program; 4. "CDL" means a commercial driver's license issued by the Texas Department of Public Safety. 5. "City" means the City of Corpus Christi, Texas; 6. "City Council" means the City Council which is the Governing Body of the City of Corpus Christi, Texas; 7. "City Manager" means the chief executive officer of the City of Corpus Christi, Texas; 8. "Collection" means a urine specimen provided by an employee for a drug test; 9. "Collector" means an individual authorized to receive a collection. 10. "Commercial Vehicle Drivers" means employees of the City that possess a CDL. Page 1 of 74 11 . "Contract" means the Drug and Alcohol Services Agreement between the City and Proposer based on this Request for Proposal; 12. "Director" means the City of Corpus Christi Director of Human Resources; 13. "DOT" means the United States Department of Transportation; 14. "Drug Testing" means a procedure performed on a urine specimen to identify and quantify the presence of a specific drug or drug metabolite. 15. "Laboratory" means a facility for drug testing that is certified for drug testing by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) of the United States Department of Health and Human Services, and is accredited by the College of American Pathologists - Forensic Drug Testing program; 16. "MRO" means Medical Review Officer; 17. "NHTSA" means the National Highway Traffic Safety Administration; 18. "NON-DOT" means policies or procedures not mandated by the Department of Transportation or covered under Collective Bargaining Agreements with the Police and Fire Unions. 19. "Policy or Policies" means an official City Policy or official City Policies approved by the City Manager; 20. "Proposer" means any Respondent to this Request for Proposal; 21 . "RFP" means Request for Proposal; 22. "S.A.M.H.S.A." means the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services; 2. Scope of Work A. The Contractor shall provide a minimum of two collection sites (Facility) for Drug and Alcohol Testing or one collection site for Drug and Alcohol Testing and provide pick-up and delivery for Occupational Medical Services as described in Attachments I through IV. If only one collection site is provided, pick-up for occupational services must be within one hour of Proposer being notified of pick-up. Each instance of non-compliance will result in a Page 2 of 74 deduction of a percent discount for each patient not picked-up within the hour after notification of pick-up. B. The Contractor shall provide a report detailing the percentage seen within the hour after notification, with an expectation of 900 or greater. Report must show names, notification time/pick-up time and be submitted to the City, by the 15th of each month following the month for which it applies and shall be submitted with the invoice to which it applies. C. Drug & Alcohol Testing- The City requires approximately 2766 drug tests and approximately 911 alcohol tests within a given twelve-month period, City- Wide. In addition, the Fire and Police Department requires approximately 450 drug tests per year and the Police Department requires approximately 271 alcohol tests per year. The City following requirements apply to drug and alcohol testing: 1 . The Contractor must use laboratories that are S.A.M.H.S.A.-certified and C.A.P.-accredited for the testing of ALL specimens collected under any of the Alcohol and Drug Policies covering City employees based on the policy of the City of Corpus Christi. 2. The Contractor will provide drug testing mandated by the United States Department of Transportation (DOT) for City Gas Department Employees. The DOT Specimen Collection Procedures for Drug Testing and DOT Alcohol Testing Procedures for Gas Department Employees are contained in Attachment I. The DOT Laboratory Drug Testing Protocol for Gas Employees is contained in Attachment V-A. 3. The Contractor will provide for drug testing mandated by the DOT for Commercial Vehicle Drivers (CDL) for the City. The DOT Specimen Collection Procedures for Drug Testing and DOT Alcohol Testing Procedures for CDL Employees are contained in Attachment I. The DOT Laboratory Drug Testing Protocol for CDL Employees is contained in Attachment V-A. 4. The Contractor will provide for alcohol and drug testing performed under the City-Wide Alcohol and Drug Testing Policy. The NON-DOT Specimen Collection Procedures for Drug Testing are contained in Attachment II. The NON-DOT Laboratory Drug Testing Protocol for City Wide Employees is contained in Attachment V-B. 5. The Contractor will provide for drug testing mandated by the DOT Alcohol and Drug Testing Policy for the Municipal Marina Employees. The DOT Specimen Collection Procedures for Drug Testing and DOT Alcohol Testing Procedures for Marina Employees are contained in Attachment Page 3 of 74 I. The DOT Laboratory Drug Testing Protocol for Marina Employees is contained in Attachment V-A. 6. The Contractor will provide for drug testing mandated by the respective Collective Bargaining Agreements and Alcohol and Drug Policies, for the Corpus Christi Police and Fire Departments. The NON-DOT Specimen Collection Procedures for Drug Testing and NON-DOT Alcohol Testing Procedures for the Fire and Police Departments are contained in Attachments III and IV, respectively. The Non-DOT Laboratory Drug Testing Protocol for the Fire and Police Departments is contained in Attachments V-C and V-D, respectively. 7. The Contractor will provide for Medical Review Officer (MRO) services. The MRO Services for Gas, CDL, Marina, City-Wide, including the Fire and Police Departments' requirements and MRO requirements are contained in Attachment VI. Any and all costs associated with provision of MRO services described in this scope of work are included/factored into the price schedule. 8. The Contractor will follow Custody and Control Procedures for drug testing under the Gas, CDL, Marina, City-Wide and Fire and Police Department Policies. The Contractor must comply with any revised Policies. 9. The Contractor shall provide a collection site(s) that meet the Facility requirements of Federal DOT and NON-DOT regulations and are clean, well-lit and secured as provided for in the Scope of Work Attachments. A collection site (Facility) complete with locker, lock and key which meets all requirements of Attachments I through IV incorporated herein is required for Police Department requirements. 10. The Contractor shall secure urine/blood specimen for drug testing or have completed breath alcohol test within 30 minutes of sign in. Each instance of non-compliance will result in a deduction of a percent discount for each patient not seen within 30 minutes of sign in. Proposer shall provide a report of urine/blood specimens collected or breath alcohol tests detailing the percentage seen within 30 minutes of sign in, with an expectation of 900 or greater. Report must show names, time in/time out, by the 15th of each month following the month for which it applies and shall be submitted with the invoice to which it applies. 11 . The Contractor shall provide full collection services to meet seasonal needs for full collection services, as required by the City, by staying open until 6 p.m. each day and/or being open on Saturdays. If after hour's Page 4 of 74 drug/alcohol testing is required, calls must be returned in a timely manner. D. Occupational Medical Services - The City currently has 1846 civilian employees, 450 police officers and 417 firefighters. The City following requirements apply to occupational medical services: 1 . The Contractor shall provide Occupational Medical Services which meet requirements of The Americans with Disabilities Act (ADA), Workers' Compensation Laws, Police and Fire Contracts and related State Laws, Civil Service Board and Commission Rules, and other related City Policies. Facilities used in performing these services are required to meet public accessibility requirements of the ADA. 2. The City retains the sole responsibility for making employment decisions or deciding whether or not it is possible to make a reasonable accommodation for a person with a disability. 3. The Contractor shall provide Occupation services in a manner that allows patients to be released within one hour of sign in. Each instance of non- compliance will result in a deduction of a percent discount for each patient not seen within one hour of sign in or the Contractor shall provide a report detailing the percentage seen within one hour of sign in, with an expectation of 900 or greater. Report must show names, time in/time out, by the 15th of each month following the month for which it applies and shall be submitted with the invoice to which it applies. E. Post Offer Services- The Contractor shall provide post-offer medical examinations based upon detailed job descriptions provided to the Physician by Human Resources, and to advise Human Resources in writing whether there is any medical condition which precludes the individual from performing the essential functions of a job with or without reasonable accommodation, or which present an undue hardship, or a direct threat to the health or safety of the individual or others which cannot be eliminated by a reasonable accommodation. The City following requirements post offer services: 1 . Applicants for jobs who have been made an initial offer of employment with the City of Corpus Christi contingent upon the passing of a post offer examination will be scheduled by the Human Resources Department and sent to the Contractor's Facility. Temporary positions with work assignments of less than 30 workdays, except for those in labor intensive job classifications, shall be excluded from this requirement. City employees, excluding Police and Fire Personnel will receive a full physical examination post offer. Page 5 of 74 2. Appointments for physical examinations for applicants will be scheduled with the Contractor's Physician's Staff by Human Resources Department Staff. The applicant will be advised to bring with him/her any eyeglasses, contact lenses, and/or currently prescribed medications to optimize the performance of pre-placement evaluation. 3. Applicants will be asked to report to the Physician's Office on the date and fifteen minutes early to allow time for completing their "Medical History Form". 4. Notice of all medical determinations on applicant post offer examinations shall be sent to the Human Resources Department on forms to be approved by the Director of Human Resources. The Contractor's Physician shall complete the Physician's Medical Evaluation Form. 5. The strict confidentiality of medical records must be maintained by the Contractor's Physician and his/her staff. Dissemination of information from the employee's City medical records is prohibited without the expressed, written consent of the employee. Access to official City medical records is limited to: the Occupational Medical Service Provider, Department of Human Resources, Texas Municipal Retirement System (TMRS) for disability retirement evaluations, City Attorney, the City's current or past Third Party Administrator and the treating physician. F. Occupational Injury related medical treatment- The Contractor shall provide medical care to employees injured on the job, and who choose to go to the Contractor's Facility and/or physicians' assistant. These services are indirectly related to this contract, as injured employees are in no way required by the City to choose the provider as their treating physician for a workers' compensation injury /illness. For injuries occurring during the Contractor's regular office hours, the supervisor/ designee will bring the employee to the Contractor's Facility if the employee so chooses. After receiving medical care, the Contractor will determine the treatment plan and whether or not the injured employee can return to work. G. Disability Review Committee - The City's Disability Review Committee which is designed to encourage timely recovery by employees from occupational and non-occupational injuries or illnesses and their timely return to work by providing medical assessments and recommendations. The following requirements apply to the Disability Reviews: 1 . The Contractor's Physician is required to provide disability job-related evaluations as requested by the Human Resources Director on behalf of the Disability Review Committee. The Contractor's Physician's role is limited Page 6 of 74 to conducting medical examinations, as required, which are job-related and based on detailed job descriptions. 2. It is the Contractor's Physician's responsibility to advise the City about each individual's functional abilities, by providing functional capacity exams and present limitations in relation to that required in safely performing the essential functions of the job the employee was hired to do and for alternate job placement. Referrals must be made in a timely manner. 3. The Contractor's Physicians shall have proper materials at meetings, such as patient files, etc. The Contractor's Physicians must be actively engaged in meetings, providing medical assessments and firm recommendations. 4. Disability Review Committee meetings are scheduled once per month, in the afternoon and may occasionally be called at other times, as necessary. 5. The Contractor's physician will be compensated under onsite services for reimbursement (including travel costs) for his/her required attendance at Disability Review Committee meetings. 6. The City will make payment to the Contractor's Physician at the rate listed in the schedule of pricing for legal testimony, for both the time spent actually testifying as well as the time spent waiting (at the location where the testimony is to be given) to be called to testify. Proposer's quoted fee per hour is all inclusive of any and all travel costs associated with the provision of testimony. H. Medical Examinations of City Employees - The Contractor shall provide medical examinations to include but not be limited to promotional, pre- assignment, annual, executive and return to work examinations on City employees, however such services must be job related and consistent with business necessity. Such medical examinations will be used to determine if there is any medical condition which precludes an individual from performing the essential functions of a job with or without reasonable accommodation, or which present an undue hardship or a direct threat to the health or safety of the individual or others which cannot be eliminated by reasonable accommodation. The following types of exams are to be provided under this Agreement: 1 . The Haz-mat physical exam components include: hazardous physical exam, vision titimus, EKG (after age 40), audiogram, Chem 20, blood lead ZPP, two-view chest x-ray and pulmonary function test. 2. Annual firefighter physical exam (required over age 40) includes: Page 7 of 74 audiogram, physical exam, CBC, two-view chest x-ray, DIP/TET, EKG, grip strength, master chem., pulmonary function test, UA dipstick and vision Litmus. 3. Annual police bomb re-certification physical exam includes: audiogram, physical exam, one-view chest x-ray, EKG, PPD (Mantoux), UA dipstick and vision Litmus. 4. Civilian physical pre-placement includes: audiogram, physical exam and DIP/TET. 5. Police physical pre-placement includes: audiogram, blood lead, two-view chest x-ray, grip strength, DIP/TET, EKG, two-view lumbar spine x-ray, vision Litmus and physical exam. 6. Firefighter physical pre-placement includes: PPD (Mantoux), pulmonary function test, vision Litmus, EKG, DIP/TET, audiogram and physical exam. 7. The Executive physical exam includes: EKG, prostatic specific antigen, audiogram, PPD (Mantoux), cardiac risk assessment, thyroid stimulation hormone, CBC, pulmonary function test, Chem 20, HIV-EIA, occult blood and physical exam. 8. Return-to-work exam - employees seen by clinic to verify clearance to return to work with or without restrictions. I. Physician Services - In order to support open communication among employees, medical service providers, department managers, the City's Third Party Administrator, the City's Director of Human Resources in matters which directly relate to the services the Physician provides to the City, the following services will be provided by the Contractor: 1 . The Contractor shall provide independent job-related medical examinations of employees or applicants as directed by the City. 2. The * e#ef- l—pif�--at­e++¢ i�#rerti�er—r# totns, trials, e#�relatedteaft�-e# tHe serviees p e n. Tf�e�e seFYieeS r � 3. The Contractor shall provide medical reports as requested to include the following: a) Physician's first report of exam b) Progress Report Page 8 of 74 c) Discharge Report d) Consultant referral report e) Referred doctor's report f) Oral reports as requested by the City of Corpus Christi g) Work status Disposition report, including time in and time out, for each employee or applicant visit. y4e+erg a tie rate shewigin the eeAtFeet ORg h-redi i1e fGr IegGI te'S til�-j/ +,= \/I n ri !'Y C \A/p I� ��e t� iCTT l�1'TC Zj ef any and all travel eests i$tttst@fes@ 3. Documents and Invoicing. A. The Contractor shall complete all records as directed by the Director of Human Resources and be in compliance with applicable laws. Records will be retained by the Occupational Medical Services provider for a minimum of five years. All forms used must be approved by the Director of Human Resources. The Director of Human Resources reserves the right to modify any form. B. The Contractor shall provide storage for medical records in CONFIDENTIAL files in a locked cabinet or secured work area to ensure the security of the medical information. All medical information must be treated with the same confidentiality as required under HIPAA regulations. C. The Contractor shall provide monthly invoices for services rendered for each employee to be directed to the attention of the Director of Human Resources, said services to be clearly identified as to occupational related or non-occupational related. These services shall further be identified as pre- placement, return-to-work, non-occupational related, etc. To provide monthly invoicing which clearly and easily identifies dates of service, services provided, employees or prospective employees served, charges incurred and whether each service is occupational or non-occupational in nature. The Proposer shall not bill the City and the City shall not pay any late or administrative fees, penalties, charges or interest in conflict with law. D. The Contractor shall provide utilization reports (Management Reports) on a regular basis. An example of a utilization report might be a statistical report which reflects various demographic data pertaining to the services provided. Invoices shall reflect services rendered and a corresponding charge for billing and payment purposes. Page 9 of 74 SCOPE OF WORK ATTACHMENT I DOT SPECIMEN COLLECTION PROCEDURES FOR DRUG TESTING AND DOT ALCOHOL TESTING PROCEDURES All defined terms used in the Drug and Alcohol Testing Services Agreement apply to this Attachment I. Additional terms are defined herein. Each Collector and Breath Alcohol Technician ("BAT") is a Contractor/Service Provider's Agent. Contractor/Service Provider must comply with the Federal, State and local laws regarding Alcohol or Drug Test Procedures whether or not cited within. Contractor/Service Provider must provide a Specimen Collector (Collector) and Collection Facility (Facility) that complies with accessibility requirements of Title III of The Americans With Disabilities Act (ADA) that must be available, upon pager notification, 24-hours a day, 7 days a week, including weekends and holidays for alcohol and drug testing Donors with specimen collection to be performed by qualified Contractor/Service Provider's Agent at a designated Contractor/Service Provider's facility, City Facility or as otherwise specified to the Contractor/Service Provider in writing by the Director of Human Resources ("Director"). The Collector will follow this procedure for each individual specimen collected for DOT drug testing or alcohol testing performed for the City of Corpus Christi (City) using an Evidentiary Breath Testing Device (EBT). It is the intent of the City that the collection procedures for all drug and alcohol testing of Donors be consistent with and of the same level of precision required for the federally approved procedures for workplace drug and alcohol testing programs, 40.61 CFR 40, Procedures For Transportation Workplace Drug and Alcohol Testing Programs). If problems arise during a specific collection, the Collector may ask the Donor to wait while the City's Director is contacted for a decision on the situation. If Donor refuses to wait, City's Director must be notified immediately. The Collector is responsible for maintaining the integrity of the specimen collection and transfer process and/or of the alcohol test and for carefully ensuring the modesty and privacy of each Donor. The Collector must avoid any conduct or remarks, which could be construed as accusatorial or otherwise offensive or inappropriate. Strict custody-and-control procedures for drug tests must be followed from pre-collection through shipment to the laboratory. Each Collector shall have successfully completed training to carry out specimen collections for drug testing following DOT regulations as cited, or shall be a licensed medical professional, or licensed technician, who is provided instructions for collection which comply with DOT regulations under 49 CFR 40. The BAT shall be trained to proficiency in the operation of the EBTs being used for initial and Page 10 of 74 confirmation breath alcohol testing and in the alcohol testing procedures of 49 CFR 40. Attachment I may be revised as required to meet revisions to 49 CFR 40, Procedures For Transportation Workplace Drug and Alcohol Testing Programs, and/or other revisions to DOT regulations, which apply to City applicants and employees. If revisions are made, the new Attachment I becomes effective upon the Human Resources Director filing it with the City Secretary and giving notice to the Collector. I. DRUG TESTING PROCEDURES: A. REQUIREMENTS OF COLLECTION SITE FOR DRUG TESTING: 1 . The Facility must contain an enclosure within which private urination can occur, a toilet for completion of urination, a suitable clean surface for writing, and a source of water for washing hands. The Facility must allow for the Collector to wait outside the restroom door to monitor, not observe the collection. 2. The Collector actually monitoring the collection of a urine specimen must, in all cases, be of the same gender as the Donor providing the specimen. If using a public restroom, the Collector is to remain in the restroom, but outside the stall, until the specimen is collected and must be of the same sex as the Donor providing the specimen. 3. If the Facility cannot be dedicated solely to drug testing, the portion used for testing must be secured during drug testing by ensuring other persons are not present, ensuring that there is no undetected access through any other doors, and posting signs restricting access to authorized personnel during the entire collection process. 4. The Facility must be clean, well-lit and secured as defined herein. 5. The Facility must have all required materials, personnel, and supervision required to provide drug testing in compliance with Federal Drug Testing Custody and Control procedures and to have available one male and one female Collector for monitoring collections. Forms (particularly the Chain-of-Custody (CCF)) used for the collection process must comply with requirements of the Department of Transportation, 49 CFR 40, as they may be amended, for Donors tested under DOT regulations. Page 1 1 of 74 B. FAILURE OF DONOR TO REPORT FOR DRUG TESTING AS SCHEDULED If the Donor does not report at the assigned time for drug testing, the Collector must contact the Director within thirty (30) minutes, if during a work day, 8a.m. - 6 p.m. on weekdays or at the beginning of the next work-day, if after hours, or on the weekend, to obtain guidance on the action to be taken. C. COLLECTION PROCEDURES PREPARATION OF THE COLLECTION SITE PRIOR TO THE PRESENCE OF THE DONOR MUST INCLUDE: ADDING BLUING AGENTS IN TOILET TANKS AND BOWLS SO THAT THE WATER REMAINS BLUE; TAPING OFF OTHER SOURCES OF WATER, OR IF THE COLLECTION IS TAKING PLACE IN A RESTROOM WITH ONE OR MORE STALLS, THE COLLECTOR (OF SAME SEX OF DONOR) WILL MONITOR TO ENSURE SUCH WATER SOURCE IS NOT USED FOR DILUTING THE SPECIMEN. D. SPECIMEN COLLECTION PROCEDURE THE CITY OF CORPUS CHRISTI HAS ELECTED TO USE A "SPLIT SAMPLE" METHOD OF COLLECTION FOR ALL DRUG TESTS CONDUCTED FOR COVERED DOT CITY EMPLOYEES. The use of the word "specimen" in this procedure is defined as split specimen unless otherwise designated. The following procedure is to be followed in each split specimen collection: 1 . Positively identify the Donor as the person selected for testing. Ask Donor for a photo I.D. which can be an identification badge with photo, Driver's License with photo, or if no photo identification is available, positive identification by a City official. If identification cannot be established, the Collector shall not proceed with the collection. 2. Explain the collection procedure to the Donor. The collection is to be done as a 5-panel DOT collection (covering marijuana, cocaine, opiates, amphetamines and phencyclidine) as authorized by DOT regulations and City Policy. 3. The Donor must NOT be required to provide a list of any prescription or over-the-counter drugs, but may do so for his/her own information as a "memory jogger" for his/her own use only. Page 12 of 74 4. The Donor will remove any unnecessary outer garments, such as coat, jacket, hat, etc. which could be used to tamper with or adulterate the Donor's specimen. The collector shall ensure that all personal belongings, such as purse or briefcase, remain with the removed outer garments. The Donor may retain his/her wallet. If the Donor requests, the Collector shall provide the Donor with a receipt for any personal belongings. 5. Donor is to wash his/her hands prior to urination in view of the Collector prior to the collection, and is to remain in the presence of the Collector without access to any water fountain, faucet, soap dispenser, cleaning agent or any other materials, which could be used to adulterate the Specimen. 6. The Donor may provide his/her Specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy. The Collector shall provide the specimen container for this purpose which is suitable for the gender of the Donor. 7. The collection kit is to be opened in front of the Donor by the Collector. The Donor shall urinate into a collection container or a specimen bottle capable of holding at least 60 milliliters. If a collection container is used, the Collector, in the presence of the Donor, shall pour the urine into two specimen bottles. Thirty-(30) ml shall be poured into one bottle, to be used as the Primary Specimen. Fifteen-(15) ml shall be poured into the other bottle, to be used as the Split Specimen. If a single specimen bottle is used as a collection container, the Collector shall pour 30 milliliter of urine from the specimen bottle into a second specimen bottle to be used as the Primary Specimen and retain the remainder of at least 15 milliliters in the collection bottle to be used as the Split Specimen. Both bottles shall be shipped in a single shipping container, together with copies of the CCF, to the laboratory. 8. The Collector shall note any unusual behavior by the Donor or unusual appearance of the urine on the CCF, including but not limited to, e.g. color, odor, and temperature. 9. Upon collecting the Specimen, the Collector will determine if the container contains at least 45 milliliters of urine. If the Donor is unable to provide 45 milliliters of urine, the Collector shall direct the Donor to drink fluids and, after a reasonable period of time, attempt to provide a Specimen using a fresh specimen bottle and collection kit. The original specimen is to be discarded. Page 13 of 74 If the Donor is still unable to give a 45-milliliter Specimen, the following rules will apply: 10.In the case of post-accident or reasonable cause drug testing (as defined by DOT regulations), the Donor shall remain at the Facility and continue to consume reasonable quantities of fluids until the Specimen has been provided, or until the expiration of a period of up to 8 hours from the beginning of the collection procedure. 1 1 .In the case of a pre-employment test or random test, or other test which is not for cause, (as defined by DOT regulations and City Policy), the City's Director shall be notified when the Donor is unable to provide 45 milliliters of urine after several hours, and the Director shall elect either to follow item j. above or to discontinue the collection and conduct a subsequent collection at a later time. 12.If the Donor cannot provide a complete Specimen within the 8-hour period or at the subsequent collection, as applicable, then the Contractor/Service Provider's MRO shall refer the Donor for a medical evaluation to develop pertinent information concerning whether the Donor's inability to provide a Specimen is genuine or constitutes a refusal to provide a Specimen. The MRO shall report his/her conclusions in writing to the Director. 13.After the Specimen has been provided and submitted to the Collector, the Donor will be allowed to wash his/her hands. At this point, the tape may be removed from sink faucets and the commode may be flushed. With the Specimen in the presence of both the Donor and Collector, they may then proceed to another appropriate area to continue this procedure. 14.Immediately after the Specimen has been provided and submitted to the Collector, and in the presence of the Donor, the Collector shall measure the temperature of the Specimen within a maximum time of 4 minutes from the time of urination, and inspect the Specimen to determine if its color and look indicates any signs of contaminants. Any unusual findings must be noted on the CCF. A specimen temperature outside the range of 32.5-37.7 degrees Centigrade, or 90.5-99.8 degree Fahrenheit, constitutes a reason to believe that the Donor has altered or substituted the specimen. In such cases, the Donor supplying the Specimen may volunteer to have his or her oral temperature taken to provide evidence to counter the suspicion of Donor alteration or substitution of the Specimen. Page 14 of 74 All specimens suspected of being adulterated at the time of collection must be forwarded to the laboratory for testing. 15.Whenever there is reason to believe that a particular Donor has altered or substituted the Specimen, then the collector shall proceed as required under Section E, "Direct Observation". 16.Both the Donor and the Collector shall keep the Specimen in view at all times prior to the Specimen being sealed with a tamper proof seal and labeled. Both parties are to remain in the presence of the Specimen while the Collector places an identification label which contains the date, the Donor's Specimen number, and any other identifying information provided. 17.In the presence of both parties, the Donor shall initial the identification label on the Specimen bottle for the purpose of certifying that it is the Specimen collected from him/her. 18.The Collector shall enter on the chain-of-custody form all information identifying the Specimen. The Collector shall sign the CCF certifying that the collection was accomplished according to all applicable Federal requirements. 19.The Donor will be asked to read and sign a statement on the drug CCF Specimen that he/she will be provided. 20.The Donor must sign the CCF, which authorizes the collection of the Specimen, analysis of the Specimen for designated controlled substances, and release of the results to the Director. 21 .The Collector shall complete the custody-and-control portion of the CCF to indicate receipt of the Specimen from the Donor and shall certify proper completion of the collection. The Donor may now leave. 22.The urine Specimen and CCF are now ready for shipment. If the Specimen is not immediately prepared for shipment, the Collector shall ensure that it is appropriately safeguarded during temporary storage. 23.While any part of the custody-and-control procedures are being performed, it is essential that the urine Specimen and custody documents be under the control of the involved Collector. If the involved Collector leaves his/her workstation momentarily, he/she Page 15 of 74 shall take the Specimen and CCF with him/her, or shall secure them. After the Collector returns to the workstation, the custody process will continue. If the Collector is leaving for an extended period of time, he/she will package the specimen for mailing before leaving the Facility. 24.The Collector shall not leave the Facility in the interval between presentation of the Specimen by the Donor and securing the Specimen. The Specimen is secured by placing an identifying label on it, which contains the Donor's Specimen identification number (as shown on the Chain-Of-Custody Form) , attaching the tamper- proof seal, and obtaining the Donor's initials on the seal. If it becomes necessary for the Collector to leave the Facility during this interval, the collection shall be nullified and, upon direction of the Director, a new collection begun. E. DIRECT OBSERVATION Specimen collected, which is suspected of adulteration, must be forwarded to the laboratory for testing with the Collector documenting on the CCF his/her observations. The Director for covered DOT donors may authorize direct observation of a second specimen collection by a Collector of the same gender when the following conditions exist: 1 . When the temperature (which must be taken within a maximum of 4 minutes) falls outside a temperature range of 90.5 - 99.8 degrees Fahrenheit, or 32.5-37.7 degrees Centigrade. 2. If the specimen has a specific gravity of less than 1 .003 and a creatinine concentration of less than 20 mg/dl and the specific gravity is less than or equal to 1 .001 or greater than or equal to 1 .020. 3. If the Collector suspects that the specimen has been tampered with in any way, another specimen must be obtained before the Donor is allowed to leave. The Director must be informed within thirty-(30) minutes of the refusal if during normal workday, or at the beginning of the next work day if after hours, during a weekend or holiday, if the Donor refuses to give another specimen. F. TRANSPORTATION TO LABORATORY The Collector shall arrange to ship the Split Specimen to a laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists -Forensic Drug Testing program. The Split Page 16 of 74 Specimen must be placed in a shipping container designed to minimize the possibility of damage during shipment and the Split Specimen copy of the CCF. The shipping container must be securely sealed to eliminate the possibility of undetected tampering during transportation. On the tape sealing the shipping container, the Collector shall ensure that the CCF is attached or enclosed in each container sealed for shipment to the testing laboratory. G. FAILURE OF DONOR TO COOPERATE If the Donor refuses to cooperate with the collection process, the Collector shall inform the Director within thirty (30) minutes if a work day or at the beginning of the next day if after hours and shall document the non-cooperative behaviors on the CCF. H. DONORS REQUIRING MEDICAL ATTENTION If the Specimen is being collected from a Donor in need of medical attention (e.g. as part of a post-accident test given in a clinic or emergency medical facility), necessary medical attention must NOT be delayed in order to collect a Specimen. I. USE OF CHAIN-OF-CUSTODY FORMS (CCF) A CCF must be used for maintaining control and accountability of each Specimen from the point of collection to final disposition of the Specimen. The date and purpose must be documented on the CCF each time a Specimen is handled or transferred and every person in the chain must be identified in writing on the CCF. Every effort must be made to minimize the number of persons handling Specimens. J. RECORDS MAINTENANCE AND DISCLOSURE OF RECORDS The following information must be collected and provided to the City Part 199 and another for those tested under Part 382. These reports must contain the following information: the number of Donors who refused to submit to a controlled substances test; the number of DOT urine specimens collected by type of test (e.g. pre-employment, random, reasonable suspicion, post-accident); and the number of Donors with positive test results, with the positive test results further broken out to indicate positives by type of test and type of drug. One copy of each collection form completed for DOT drug testing must be forwarded to the Director within one workday. Page 17 of 74 K. RECORD MAINTENANCE Records related to services provided under this Agreement must be maintained for five (5) years after termination or expiration of this Agreement. II. DOT-MANDATED ALCOHOL TESTING A. DEVICES TO BE USED FOR BREATH ALCOHOL TESTS: For breath alcohol screening and confirmation tests, Collector shall use Evidentiary Breath Testing Devices (EBTs) which meet the requirements of 49 CFR 40, as follows: EBTs must (1 ) have the capability of providing, independently, or by direct link to a separate printer, a printed result in triplicate (or three consecutive identical copies) of each breath test; (2) be capable of assigning a unique and sequential number to each completed test, printing that number on each copy of the test results, and the number being available for viewing by the Breath Alcohol Technician (BAT) and the Donor prior to the test being conducted; (3) be capable of printing out, on each copy of the result, the manufacturer's name for the device, the device serial number and the date and time of the test; (4) be able to distinguish alcohol from acetone at the 0.02 alcohol concentration level; (5) be capable of testing an air blank prior to the collection of breath and performing an external calibration check; (6) be listed on the NHTSA's "Conforming Products List of Calibrating Units for Breath Alcohol Tests." B. QUALITY ASSURANCE PLANS FOR EBTs EBTs used in either screening or confirmation alcohol testing must have a Quality Assurance Plan (QAP) developed by the manufacturer and maintained by the Collector which meets the requirements of 49 CFR 40 and which provides for the following: 1 . The QAP must designate the method or methods to be used in performing external calibration checks of the device. 2. The QAP must specify the minimum intervals for performing external calibration checks of the device. Intervals must be specified for different frequencies of use, environmental conditions, such as temperature, altitude, humidity, and contexts of operation. In addition, the City requires that Collector must immediately perform an official calibration check following each confirmed positive alcohol test by a Donor. Page 18 of 74 3. The QAP must specify the tolerances on an external calibration check within which the EBT is regarded to be in proper calibration. 4. The QAP must specify inspection, maintenance, and calibration requirements and intervals for the device. 5. The QAP must have been submitted to NHTSA for review and have received NHTSA approval of the Plan. The Collector must comply with the NHTSA approved QAP for each EBT it uses for Alcohol screening or confirmation testing subject to this Agreement. The Collector must ensure that external calibration checks of each EBT are performed as provided in the QAP and upon obtaining a confirmed positive test result on a City Donor. The Collector must take an EBT out of service if any external calibration check results in a reading outside the tolerances for the EBT set forth in the QAP and shall not use the EBT for alcohol testing under this Agreement until it has been serviced and has had an external calibration check resulting in a reading within the tolerances for the EBT. The Collector must ensure that inspection, maintenance, and calibration of each EBT are performed by the manufacturer or a maintenance representative certified by the device's manufacturer or a state health agency or other appropriate state agency. The Collector shall ensure that each BAT, or other individual who performs an external calibration check of an EBT used for alcohol testing subject to this Agreement, has demonstrated proficiency in conducting such a check of the model EBT checked. The Collector shall maintain records of the external calibration checks of EBTs as provided in 49 CFR 40 and of calibration checks required by the City upon a confirmed positive test result on a Donor. The Collector, when not using the EBT at an alcohol testing facility, shall store the EBT in a secure location. C. THE BREATH ALCOHOL TESTING FORM REQUIREMENTS The Collector shall use the Alcohol Testing Form provided in the DOT Regulations, 49 CFR 40, or may use a form directly generated by an EBT which includes all aspects of the form except that the EBT form may omit the space for affixing a separate printed result to the form. D. QUALIFICATIONS OF THE BREATH ALCOHOL TECHNICIAN The Breath Alcohol Technician (BAT) must be trained to proficiency in the operation of the EBT to be used and in the alcohol testing procedures of 49 CFR 40. Proficiency must be demonstrated by successful completion of a course of instruction which, at a minimum, provides training in the principles of EBT methodology, operation, and calibration checks; the fundamentals of calibration checks; the Page 19 of 74 fundamentals of breath analysis for alcohol content, and the procedures required in 49 CFR 40 for obtaining a breath sample and interpreting and recording EBT results. Any BAT who performs external calibration checks of an EBT must be trained to proficiency in conducting the check on the particular model of EBT the Collector uses, which includes practical experience and demonstrated competence in preparing the breath alcohol simulator or alcohol standard, and in maintenance and calibration of that EBT. The Collector will document the qualifications of each BAT it uses to test Donors and maintain the documentation as provided in 49 CFR 40. E. LOCATION FOR BREATH ALCOHOL TESTING Alcohol testing must be conducted in a location which affords visual and aural privacy to the Donor being tested so that unauthorized persons cannot see or hear test results. All necessary equipment, personnel, and materials for breath testing must be provided at the location where testing is conducted. The BAT shall supervise only one Donor's use of the EBT at a time and shall not leave the testing location while the testing procedure for a given Donor is in progress. F. PREPARATION FOR BREATH ALCOHOL TESTING The Donor to be tested will be required to provide positive identification through the use of a photo I.D. card or by identification by a City representative. The BAT shall provide positive identification to the Donor and shall explain the testing procedure to the Donor. G. PROCEDURE FOR SCREENING TESTS The BAT must complete Step 1 on the Alcohol Testing Form and the Donor must complete Step 2 on the form and sign the certification. Refusal of the Donor to sign the certification in Step 2 will be regarded as a refusal to take the test. An individually sealed mouthpiece must be opened in view of the Donor and BAT and attached to the EBT in accordance with the manufacturer's instructions. The BAT shall instruct the Donor to blow forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. The BAT will show the Donor the result of the screening test. In a case in which the result of the screening test is a breath alcohol concentration of less than 0.02, the BAT shall date the form and sign the certification in Page 20 of 74 Step 3 of the form and the Donor shall date the certification and sign it in Step 4 of the form. If the Donor does not sign the certification in Step 4 of the form, it will not be considered a refusal to be tested. In this event, the BAT shall note the Donor's failure to sign or initial in the "Remarks" section of the form. If a test result printed by the EBT does not match the displayed result, the BAT shall note the discrepancy in the remark section and both the Donor and the BAT shall initial or sign the notation. In accordance with 49 CFR 40, the test is invalid and the Donor and the Director shall be so advised. No further testing is authorized. The BAT shall transmit the result of less than 0.02 to the Director in a confidential manner, which is approved by the Director. If the result of the screening test is an alcohol concentration of 0.02 or greater, a confirmation-test shall be performed as provided in 49 CFR 40. The BAT who conducted the screening test shall complete and sign the form and provide the Donor with Copy 2 of the form. H. CONFIRMATION TESTS If a BAT other than the one who conducted the screening test is conducting the confirmation test, the new BAT shall follow 49 CFR 40, Procedures for Confirmation Tests, and will initiate a new Alcohol Testing Form for the confirmation test. Refusal by the Donor to sign this certification in Step 2 will be regarded as a refusal to take the test. An individually sealed mouthpiece must be opened in view of the Donor and the BAT and attached to the EBT in accordance with the manufacturer's instructions. The BAT shall instruct the Donor to blow forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. Before the confirmation test is administered, the BAT shall ensure that the EBT registers 0.00 on an air blank. If the reading is greater than 0.00, the BAT shall conduct one more air blank. If that reading is greater than 0.00, testing shall not proceed using that EBT, but the test may proceed using another EBT. Any EBT taken out of service because of failure to perform an air blank accurately must not be used for testing until a check of external calibration is conducted and the EBT is found to be within tolerance limits. The BAT shall instruct the Donor not to eat, drink, and put any object or substance in his/her mouth and, to the extent possible, not belch during a waiting period before the confirmation test. The waiting period Page 21 of 74 begins with the completion of the initial screening test, and must not be less than 15 minutes or more than 30 minutes after the completion of the initial screening test. In the event the confirmation test results and the screening test results are not the same, the confirmation test result is deemed by DOT rules to be the final result upon which any personnel action is taken. The BAT shall show the Donor the result displayed on the EBT and the test result printed on the Form. Following the completion of the test, the BAT shall date the form and sign the certification in Step 3 of the Form, and the Donor shall sign the certification and fill in Step 4 of the Form. If the Donor does not sign the certification in Step 4 of the form, it shall not be considered a refusal to be tested because the Donor signed Step 2. In this event, the BAT shall then note the Donor's failure to sign or initial in the "Remarks" section of the form. If the confirmation test result printed does not match the display on the EBT, the BAT shall note the discrepancy in the remark section, the BAT and Donor shall initial or sign the notation. In accordance with 49 CFR 40, the test is invalid and the Director and Donor shall be advised within 30 minutes of the completion of the test, if during a workday or, at the beginning of the next workday, if after hours. The BAT shall transmit all results to the Director in a confidential manner in writing, in person, by telephone or electronic means, but the BAT shall ensure immediate transmission to the Director all alcohol test results that require the City to prevent the Donor from performing a safety-sensitive function. Regardless of how the results are transmitted, the Director shall receive a copy of Forms documenting the results of the tests. I. REFUSALS TO TEST AND UNCOMPLETED TESTS Any refusal by a Donor to complete and sign the Breath Alcohol Testing Form (Step 2), to provide breath, to provide an adequate amount of breath, or otherwise to fail to cooperate with the testing process which prevents the completion of the test, must be documented by the BAT in the remarks section of the form and the Director shall be notified immediately. If a screening or confirmation test cannot be completed, or if an event occurs that would invalidate the test, the BAT shall, begin a new screening or confirmation test, as applicable, using a new breath alcohol testing form with a new sequential test number. Page 22 of 74 J. EMPLOYEES INABILITY TO PROVIDE AN ADEQUATE AMOUNT OF BREATH Whenever a Donor is unable, or alleges that he/she is unable, to provide an amount of breath sufficient to permit a valid breath test because of a medical condition, the following procedure must be used: 1 . The BAT shall instruct the Donor to attempt to provide an adequate amount of breath. If the Donor refuses to try, the BAT shall immediately inform the Director, 2. If the Donor attempts and fails to provide an adequate amount of breath, the BAT shall note it in the remarks section of the alcohol testing form and immediately inform the Director, 3. Within 5 days of being informed, the Director shall direct the Donor to obtain an evaluation from the City-designated Physician concerning the Donor's medical ability to provide an adequate amount of breath. If the City's designated Physician finds, with a high degree of probability, that the Donor has a medical condition which could have precluded the Donor from providing an adequate amount of breath, the Donor's failure to provide an adequate amount of breath will not be deemed a refusal to take a test. The City's designated physician shall provide the Director with a written statement of his/her conclusions. The City's designated physician must not include in the signed statement any detailed information of the employee's medical condition other than what is necessary to explain his/her conclusion. If the City's designated Physician cannot make such a determination, the Donor's failure to provide an adequate amount of breath will be regarded as a refusal to take a test and the City's designated Physician will provide the Director with a written statement of the basis for his/her conclusion. Upon receipt of the physician's statement, the Human Resources Director will notify the employee and take appropriate action under the City Policies. K. INVALID TESTS The City of Corpus Christi requires calibration checks immediately after and on the same date that a result of 0.02 or above is obtained on the EBT. A breath alcohol test is invalid under the following circumstances: 1 . The external calibration check of an EBT prior to testing Donor produces a result that differs by more than the tolerance stated in the Quality Page 23 of 74 Assurance Plan (QAP) from the known value of the test standard. In this event, every Donor's test result of 0.02 or above obtained on the EBT since the last valid external calibration check is invalid. 2. The BAT does not observe the minimum 15-minute waiting period between the initial screening and the confirmation test, as required by DOT regulations. 3. The BAT does not perform an air blank of the EBT before a confirmation test, or an air blank does not result in a reading of 0.00 prior to or after the administration of the test, as provided in the DOT regulations. 4. The BAT does not sign the form as required by DOT regulations. 5. The BAT has failed to note in the remarks section of the form that the Donor has failed, or refused to sign the form following the recording, or printing on, or Attachment to the form of the test result. 6. An EBT fails to print a confirmation test result. 7. On a confirmation test and, where applicable, on a screening test, the sequential test number or alcohol concentration displayed on the EBT is not the same as the sequential test number or alcohol concentration on the printed result. L. AVAILABILITY AND DISCLOSURE OF ALCOHOL TESTING INFORMATION ABOUT INDIVIDUAL EMPLOYEES A Donor subject to alcohol testing is entitled, upon written request, to obtain copies of any records pertaining to the Donor's use of alcohol, including any records pertaining to his/her alcohol tests. The Director shall promptly provide the requested records and shall not make such records subject to payment. The Director shall make records available to a subsequent employer of the Donor upon receipt of Donor's written request. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the Donor's written request. The Director may disclose information required to be maintained under DOT alcohol testing regulations pertaining to a Donor or to the decision-maker in a lawsuit, grievance, or other proceeding initiated by, or on behalf of, the Donor and arising from the results of an alcohol test administered under the requirements of DOT regulations. This includes, but is not limited to, worker's Page 24 of 74 compensation, unemployment compensation, or other proceeding relating to a benefit sought by the Donor. The Director shall release information regarding a Donor's records as directed by the specific, written consent of the Donor authorizing release of the information to an identified person. Release of such information is permitted only in accordance with the terms of the Donor's consent. M. RECORDS RETENTION, MAINTENANCE AND DISCLOSURE OF RECORDS CONCERNING EBTs AND BATs The City and the Collector, as its agent, shall maintain the following records for five (5) years after termination or expiration of this Agreement: 1 . Records of the inspection and maintenance of each EBT used in Donor testing; 2. Documentation of the Collector's compliance with the QAP for each EBT it uses for alcohol testing under DOT regulations; 3. Records of the training and proficiency testing of each BAT used in Donor testing The City and the Collector, as its agent, shall maintain records which pertain to the calibration of each EBT used in alcohol testing under DOT regulations, including records of the results of external calibration checks for five (5) years after termination or expiration of this Agreement. Records required to be maintained must be disclosed as indicated elsewhere in this procedure. Statistical data, of alcohol testing must be separately reported annually on the results of alcohol testing which met the requirements of all other applicable parts of Title 49 of the Code of Federal Regulation, which includes but is not limited to the following informational elements: 1 . Number of DOT screening alcohol tests by type of test broken out separately by drivers and other DOT employees; 2. Number of confirmation alcohol tests indicating an alcohol concentration of 0.02 or greater but less than 0.04 by type of test broken out separately by Drivers and other DOT employees; Page 25 of 74 3. Number of confirmation alcohol tests indicating an alcohol concentration of 0.04 or greater by type of test broken out separately by Drivers and other DOT employees; 4. Number of Donors who refused to submit to a DOT alcohol test broken out separately by Drivers and other DOT employees. One copy of each collection form completed for DOT alcohol and drug testing must be forwarded to the Director within one workday of the day tested. Page 26 of 74 SCOPE OF WORK ATTACHMENT II CITY-WIDE NON-DOT SPECIMEN COLLECTION PROCEDURES FOR CITY-WIDE DRUG TESTING All defined terms used in the Drug and Alcohol Testing services Agreement apply to this Attachment II. Additional terms are defined herein. Each Collector and BAT is the Contractor/Service Provider's Agent. Contractor/Service Provider must provide a specimen collector (Collector) and collection facility (Facility) that complies with accessibility requirements of Title III of The Americans With Disabilities Act (ADA) that must be available, upon pager notification, 24-hours a day, 7 days a week including weekends and holidays for drug and alcohol testing of Donors with specimen collection to be performed by qualified Contractor/Service Provider's Agent at a designated City Facility, or Contractor/Service Provider's Facility, or as otherwise specified to the Collector in writing by the Director. The Collector will follow this procedure for each individual specimen collection for non-DOT drug testing performed for the City of Corpus Christi (City). It is the intent of the City that the collection procedures for all drug testing of Donors be consistent with and of the same level of precision required for the federally approved procedures for workplace drug testing programs as embodied by, Section 49 CFR 40, except that a SAP 10 (Substance Abuse Panel) split specimen will be used and breath alcohol tests may be performed upon request. If problems arise during a specific collection, Collector must ask the Donor to wait while the City's Director is contacted for a decision. The Collector is responsible for maintaining the integrity of specimen collection and transfer process and for carefully ensuring the modesty and privacy of each Donor. The Collector must avoid any conduct or remarks, which could be construed as accusatorial or otherwise offensive or inappropriate. Strict Custody and Control procedures must be followed from pre-collection through shipment to the laboratory. Each Collector shall have successfully completed training to carry out this function, or shall be a licensed medical professional or licensed technician, who is provided instructions for collection in compliance with this procedure which is patterned after the federal DOT program. Attachment II may be revised as required to incorporate revisions to City Policies, which impact this procedure. Page 27 of 74 A. REQUIREMENTS OF COLLECTION FACILITY 1 . The Facility must contain an enclosure within which private urination can occur, a toilet for completion of urination, a suitable clean surface for writing, and a source of water for washing hands. The Facility must allow for the Collector to wait outside the restroom door to monitor, not observe the collection. 2. The Collector actually monitoring the collection of a urine specimen must, in all cases, be of the same gender as the Donor providing the specimen. If using a public restroom, the Collector is to remain in the restroom, but outside the stall, until the specimen is collected and must be of the same sex as the Donor providing the specimen. 3. If the Facility cannot be dedicated solely to drug testing, the portion used for testing must be secured during drug testing by ensuring other persons are not present, ensuring that there is no undetected access through any other doors, and posting signs restricting access to authorized personnel during the entire collection process. 4. The Facility must be clean, well-lit and secured as defined in this procedure. 5. The Facility must have all required materials, personnel and supervision required to provide valid Custody and Control procedures and to have available one male and one female Collector for monitoring collections. Forms used for the collection process must be comparable with Custody and Control requirements of the Department of Transportation as embodied in 49 CFR 40, as they may be amended, for Donors tested under DOT regulations for a 5 Panel. B. DIRECT OBSERVATION: All specimens collected which are suspected of adulteration, must be forwarded to the laboratory for testing with the Collector documenting his/her observations on the Chain-of-Custody Form (CCF). Direct observation of a second specimen collection by a Collector of the same gender may be authorized by the Director for covered Non-DOT Donors when the following conditions exist: 1 . When the temperature (which must be taken within a maximum of 4- minutes) falls outside a temperature range of 90.5- 99.8 degrees Fahrenheit, or 32.5-37.7 degrees Centigrade. Page 28 of 74 2. If the Specimen has a specific gravity of less than 1 .003 and a creatinine concentration below .2g/L. 3. If the Collector suspects that the specimen has been tampered with in any way, another specimen must be obtained before the Donor is allowed to leave. The Director must be informed within thirty (30) minutes of the refusal if during the normal workday, or at the beginning of the next work day if after hours, during weekends or holidays if the donor refuses to give another specimen. 4. If the Donor is providing a specimen based on a previous positive drug screen done under City Policy and is now submitting a specimen for follow- up or return-to-work testing. C. FAILURE OF DONOR TO REPORT FOR DRUG TESTING AS SCHEDULED If the Donor does not report at the assigned time for drug testing, the Collector will contact the Director within 30 minutes if during a workday or at the beginning of the next workday if after hours to obtain guidance on the action to be taken. D. COLLECTION PROCEDURES PREPARATION OF THE COLLECTION FACILITY PRIOR TO THE PRESENCE OF THE DONOR MUST INCLUDE: ADDING BLUING AGENTS IN TOILET TANKS AND BOWLS SO THAT THE WATER REMAINS BLUE; TAPING OFF OTHER SOURCES OF WATER, OR IF THE COLLECTION IS TAKING PLACE IN A RESTROOM WITH ONE OR MORE STALLS, THE COLLECTOR (OF SAME SEX OF DONOR) WILL MONITOR TO ENSURE SUCH WATER SOURCE IS NOT USED FOR DILUTING THE SPECIMEN. E. SPECIMEN COLLECTION PROCEDURE THE CITY OF CORPUS CHRISTI HAS ELECTED TO USE A "SPLIT SAMPLE" METHOD OF COLLECTION FOR ALL DRUG TESTS CONDUCTED FOR COVERED NON-DOT CITY EMPLOYEES. The use of the word specimen in this procedure is defined as split specimen unless otherwise designated. The following procedure is to be followed in each split specimen collection: 1 . Positively identify the Donor as the person selected for testing. Ask Donor for a photo I.D. which can be an identification badge with photo, Driver's License with photo, or if no photo identification is available, positive identification by a City official. If identification cannot be established, the Collector shall not proceed with the collection. Page 29 of 74 2. Explain the collection procedure to the Donor. Confirm that the drug test is to be a substance Abuse 10 Panel (SAP 10) test (as defined in Attachment V), and check on the CCF for the type of test, e.g. pre-employment, random, etc. as authorized by City Policy. 3. The Donor must NOT be required to provide a list of any prescription or over- the-counter drugs, but may do so for his/her own information as a "memory jogger" for his/her own use only. 4. The Donor must remove any unnecessary outer garments, such as a coat, jacket, hat, etc. which could be used to tamper with or adulterate the Donor's urine specimen. The Collector shall ensure that all personal belongings, such as a purse or briefcase, remain with the outer garments. The Donor may retain his/her wallet. If the Donor requests it, the Collector shall provide the Donor with a receipt for any personal belongings. 5. The Donor is to wash hands prior to urination in view of Collector prior to the collection, and is to remain in the presence of the Collector without access to any water fountain, faucet, soap dispenser, cleaning agent or any other materials, which could be used to adulterate the Specimen. 6. The Donor may provide his/her Specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy. The Collector shall provide the collection container for this purpose which is suitable for the gender of the Donor. 7. The Specimen collection kit is to be opened in front of the Donor by the Collector. The Donor shall urinate into a collection container or a specimen bottle capable of holding at least 60 milliliters. If a collection container is used, the Collector in the presence of the Donor, shall pour the urine into two specimen bottles. Thirty-(30) ml shall be poured into one bottle, to be used as the Primary Specimen. At least 15 milliliters shall be poured into the other bottle, to be used as the Split Specimen. If a single specimen bottle is used as a collection container, the Collector shall pour 30 milliliter of urine from the specimen bottle into a second specimen bottle to be used as the Primary Specimen and retain the remainder of at least 15 milliliters in the collection bottle to be used as the Split Specimen. Both bottles shall be shipped in a single shipping container, together with copies 1, 2 and the split specimen copy of the CCF, to the laboratory. 8. The Collector shall note any unusual behavior by the Donor or unusual appearance of the urine on the CCF, e.g. color, odor, and temperature. 9. Upon collecting the Specimen, the Collector will determine if the container contains at least 60 milliliters of urine, the Collector shall direct the Donor to drink fluids and after a reasonable period of time, attempt to provide a Page 30 of 74 Specimen using a fresh specimen bottle and collection kit. The original collection Specimen is to be discarded. If the Donor is still unable to give a 45-milliliter Specimen, the following rules apply: • In the case of a post-accident or reasonable cause (as defined by DOT regulations) or post-accident or reasonable suspicion (as defined by applicable City policies), the Donor shall remain at the Facility and continue to consume reasonable quantities of fluids until the Specimen has been provided, or until the expiration of a period of up to 8 hours from the beginning of the collection procedure. • In the case of pre-employment test, random test, periodic test or other test not for cause as defined by City Policy, the City's Director shall be notified when the Donor is unable to provide 45 milliliters of urine after several hours, and the Director shall elect either to follow item (1 ) above or to discontinue the collection and conduct a subsequent collection at a later time. • If the Donor cannot provide a complete Specimen within the up-to-8- hour period or at the subsequent collection, as applicable, then the Contractor/Service Provider's MRO shall refer the Donor for a medical evaluation to develop pertinent information concerning whether the Donor's inability to provide a Specimen is genuine or constitutes a refusal to provide a Specimen. The MRO shall report his/her conclusions to the Human Resources Director. 10. After the specimen has been approved and submitted to the Collector, and in the presence of the Donor, the Collector shall measure the temperature of the Specimen within a maximum time of 4 minutes from the time of urination, and inspect the Specimen to determine if its color and look indicates any signs of contaminants. Any unusual findings must be noted on the CCF. A specimen temperature outside the range of 32.5-37.7 degrees Centigrade or 90.5-99.8 degrees Fahrenheit constitutes a reason to believe that the Donor has altered or substituted the Specimen. In such cases, the Donor supplying the Specimen may volunteer to have his or her oral temperature taken to provide evidence to counter the reason to believe the Donor may have altered or substituted the Specimen. All specimens suspected of being adulterated must be forwarded to the laboratory for testing. 1 1 .Immediately after the Specimen has been provided and submitted to the Collector, and in the presence of the Donor, the Collector shall measure the temperature of the Specimen within a maximum time of 4 minutes from Page 31 of 74 the time of urination, and inspect the Specimen to determine if its color and look indicates any signs of contaminants. Any unusual findings must be noted on the CCF. 12.Whenever there is reason is reason to believe that a particular Donor has altered or substituted the Specimen, proceed as required in Section B, entitled "Direct Observation". 13.Both the Donor and the Collector shall keep in view at all times prior to the Specimen being sealed with a tamper proof seal and labeled. Both parties are to remain in the presence of the Specimen while the Collector places an identification label which contains the date, the Donor's Specimen number and any other identifying information provided. 14.In the presence of both parties, the Donor shall initial the identification label on the Specimen bottle for the purpose of certifying that it is the Specimen collected from him/her. 15.The Collector shall enter on the CCF all information identifying the Specimen. The Collector shall sign the CCF certifying that the collection was accomplished according to the applicable City requirements. 16.The Donor tested will be asked to read and sign a statement on the Chain- of-Custody form certifying that the Specimen identified as having been collected from him/her is in fact the Specimen he/she provided. 17.The Donor tested will be asked to sign the Chain-of-Custody Form, which authorizes the collection of the Specimen, analysis of the Specimen for designated controlled substances, and release of the results to the Director. 18.The Collector shall complete the custody-and-control portion of the CCF to indicate receipt of the Specimen from the Donor and shall certify proper completion of the collection. The Donor may now leave. 19.The urine Specimen and Chain-of-Custody Form are now ready for shipment. If the Specimen is not immediately prepared for shipment, the Collector shall ensure that it is appropriately safeguarded during temporary storage. 20.When any part of the chain-of-custody procedures are being performed, it is essential that the CCF be under the control of the involved Collector. If the involved Collector leaves his/her workstation momentarily, the Collector shall take the Specimen and Chain-of-Custody Form with him/her, or shall secure them. After the Collector returns to the workstation, the custody process will continue. If the Collector is leaving for an Page 32 of 74 extended period of time, he/she will package the Specimen for mailing before leaving the Facility. 21 .The Collector shall not leave the Facility in the interval between presentation of the Specimen by the Donor and securing the Specimen. The Specimen is secured by placing an identifying label on it, which contains the Donor's Specimen identification number (as shown on the CCF), attaching the tamper-proof seal, and obtaining the Donor's initials on the seal. If it becomes necessary for the Collector to leave the Facility during this interval, the collection shall be nullified and, upon direction of the Director, a new collection begun. F. TRANSPORTATION TO LABORATORY The Collector shall arrange to ship the Split Specimen to the drug-testing laboratory. The Split Specimen must be placed in a shipping container designed to minimize the possibility of damage during shipment together with copies 1 and 2 of the Custody and Control of the CCF. The shipping container must be securely sealed to eliminate the possibility of undetected tampering. On the tape sealing the shipping container, the Collector shall ensure that the custody-and-control documentation is attached or enclosed in each container sealed for shipment to the drug-testing laboratory. G. FAILURE OF DONOR TO COOPERATE If the Donor refuses to cooperate with the collection process, the Collector shall so inform the Director within 30 minutes of a workday or at the beginning of the next work day if after hours and shall document the non-cooperative behaviors on the CCF. H. DONORS REQUIRING MEDICAL ATTENTION If the Specimen is being collected from a Donor in need of medical attention (e.g. as part of a post-accident test given in a clinic or emergency medical facility), necessary medical attention must NOT be delayed in order to collect a Specimen. I. USE OF CHAIN-OF-CUSTODY FORMS A CCF must be used for maintaining control and accountability of each Specimen from the point of collection to final disposition of the Specimen. The date and purpose must be documented on the CCF each time a Specimen is handled or transferred and every person in the chain must be identified in writing on the CCF. Every effort must be made to minimize the number of persons handling Specimens. Page 33 of 74 J. ALCOHOL TESTING OF NON-DOT EMPLOYEES As directed by the Director, alcohol testing using evidentiary testing devices (EBTs) may be required for non-DOT applicants and employees and, if used, will follow comparable alcohol testing guidelines required for DOT covered applicants and employees except that a non-DOT EBT testing procedure, separate non-DOT requirements for statistical reporting, and a non-DOT Breath Alcohol Testing Form will be required. K. RECORD MAINTENANCE Records related to services provided under the Agreement must be maintained for five (5) years after termination or expiration of this Agreement. Page 34 of 74 SCOPE OF WORK ATTACHMENT III Fire Department COLLECTION PROCEDURES FOR DRUG AND ALCOHOL TESTING All defined terms used in the Drug and Alcohol Testing Services Agreement apply to this Attachment. Additional terms are defined herein. Each Collector is the Contractor/Service Provider's Agent. Contractor/Service Provider must provide a Specimen Collector (Collector) and Collection Facility (Facility) which complies with accessibility requirements of Title III of The Americans with Disabilities Act (ADA) that must be available, upon pager notification, 24-hours a day, 7 days a week including weekends and holidays for drug and alcohol testing of Fire Department employees and applicants (collectively Donors) with specimen collection to be performed by qualified Contractor/Service Provider's Agent at designated City Facility(ies) or as otherwise specified to the Contractor/Service Provider in writing by the Fire Chief. The Collector will follow this procedure for each individual specimen collection for non-DOT drug testing performed for the Fire Department (Department). It is the intent of the Department that the collection procedure for all drug testing of Donors be consistent with and of the same level of precision required for the federally approved procedures for workplace drug testing programs, as contained in Section 49 CFR 40, except that a SAP 10 (Substance Abuse Panel) split specimen will be used and breath alcohol tests may be performed upon request. If problems arise during a specific collection, Collector must ask the Donor to wait while the Fire Chief, or designee, is contacted for a decision. If Donor refuses to wait, the Fire Chief must be notified immediately. The Collector is responsible for maintaining the integrity of the specimen collection and the transfer process and for carefully ensuring the modesty and privacy of each Donor. The Collector must avoid any conduct or remarks which could be construed as accusatorial or otherwise offensive or inappropriate. Strict custody-and-control procedures must be followed from pre-collection through shipment to the laboratory. Each Collector shall have successfully completed training to carry out this function, or shall be a licensed medical professional or licensed technician, who is provided instructions for collection in compliance with this procedure which is patterned after the federal DOT program. Attachment III may be revised as required to incorporate revisions to Fire Department polices which impact this procedure. If revisions are made, the new Attachment III becomes effective upon the Fire Chief filing it with the City Secretary and giving notice to Collector. Page 35 of 74 A. REQUIREMENTS OF COLLECTION FACILITY 1. Random drug testing (urine specimen) will be done on-site. On-site refers to any Fire Station or any other Fire Department facility such as the Fire Department Training Facility or Headquarters Office. 2. Pre-employment testing, periodic testing, post-accident or reasonable suspicion shall be performed as provided in the Fire Department's Alcohol and Drug Policy at the Collector's Facility. 3. The Facility must contain an enclosure within which private urination can occur, a toilet for completion of urination, a suitable clean surface for writing, and a source of water for washing hands. The Facility must allow for the Collector to wait outside the restroom door to monitor, not observe the collection. 4. The Collector actually monitoring the collection of a urine specimen must, in all cases, be of the same gender as the Donor providing the specimen. If using a public restroom, the Collector is to remain in the restroom, but outside the stall, until the specimen is collected and must be of the same sex as the Donor providing the specimen. 5. If the Facility cannot be dedicated solely to drug testing, the portion used for testing must be secured during drug testing by insuring that other persons are not present, ensuring that there is no undetected access through any other doors, and posting signs restricting access to authorized personnel during the entire collection process. 6. The Facility must be clean, well lit and secure as defined herein. 7. The Facility must have all required materials, personnel and supervision required to provide valid custody-and-control procedures and to have available one male and one female Collector necessary for monitoring collections. Forms used for the collection process must be comparable with custody-and-control requirements of the Department of Transportation, as set forth in Title 49 of the Code of Federal Regulations, for Donors tested under DOT regulations. 8. The Fire Department shall be responsible for meeting collection Facility requirements in A., 3., 5., and 6. of this Attachment for on-site random drug testing. Page 36 of 74 B. DIRECT OBSERVATION: All specimens collected which are suspected of adulteration must be forwarded to the laboratory for testing with the Collector documenting on the Chain-of-Custody Form (CCF) his/her observations. Direct observation of a second specimen collection by a Collector of the same gender may be authorized by the Fire Chief for Donors for drug testing when the following conditions exist: 1 . When the temperature (which must be taken within a maximum of 4 minutes) falls outside a temperature range of 90.5 to 99.8 degrees Fahrenheit, or 32.5-37.7 degrees Centigrade. 2. If the specimen has a specific gravity of less than 1 .003 and a creatinine Concentration below .2g/L. 3. If the Collector suspects that the specimen has been tampered with in any way, another specimen must be obtained before the Donor is allowed to leave. The Fire Chief must be informed within thirty (30) minutes of the refusal if during the normal workday, or at the beginning of the next workday if after hours, during weekends, or holidays if the Donor refuses to give another specimen, or 4. If the Donor is providing a specimen based on a previous positive drug screen done under Fire Department Policy and is now submitting a specimen for follow-up or return-to-work testing. C. FAILURE OF DONOR TO REPORT FOR DRUG TESTING AS SCHEDULED If the Donor does not report at the assigned time for drug testing, the Collector will contact the Fire Chief within thirty (30) minutes if during a work day or at the beginning of the next work day if after hours, to obtain guidance on the action to be taken. D. COLLECTION PROCEDURES PREPARATION OF THE COLLECTION FACILITY PRIOR TO THE PRESENCE OF THE DONOR MUST INCLUDE: ADDING BLUING AGENTS IN TOILET TANKS AND BOWLS SO THAT THE WATER REMAINS BLUE, TAPING OFF OTHER SOURCES OF WATER, OR IF THE COLLECTION IS TAKING PLACE 1 N A RESTROOM WITH ONE OR MORE STALLS, THE COLLECTOR (OF SAME SEX OF DONOR) WILL MONITOR TO ENSURE SUCH WATER SOURCE IS NOT USED FOR DILUTI NG THE SPECIMEN. Page 37 of 74 E. SPECIMEN COLLECTION PROCEDURE THE FIRE DEPARTMENT HAS ELECTED TO USE A "SPLIT SAMPLE" METHOD OF COLLECTION FOR ALL DRUG TESTS CONDUCTED FOR FIRE DEPARTMENT EMPLOYEES COVERED BY THE FIRE DEPARTMENT'S ALCOHOL AND DRUG POLICY. The use of the word "specimen" in this procedure is deemed as split specimen unless otherwise designated. The following procedure is to be followed in each split specimen collection: 1 . Positively identify the Donor as the person selected for testing. Ask Donor for photo I.D. which can be an employee's photo identification, driver's license with photo, or if no photo identification is available, positive identification by a Fire Department official. If identification cannot be established, the Collector shall not proceed with the collection. 2. Explain the collection procedure to the Donor. Confirm that the drug test is to be a Substance Abuse 10 Panel (SAP 10) test and check on the CCF for the type of test, e.g. pre-employment, random, etc. as authorized by the Department. 3. The Donor must NOT be required to provide a list of any prescription or over- the-counter drugs but may do so for his/her own information as a "memory jogger" for his/her own use only. 4. The Donor must remove any unnecessary outer garments, such as a coat, jacket, hat etc. which could be used to tamper with or adulterate the Donor's urine specimen. The Collector shall ensure that all personal belongings, such as a purse or briefcase, remain with the outer garments. The Donor may retain his/her wallet. If the Donor requests it, the Collector shall provide the Donor with a receipt for any personal belongings. 5. Donor must wash hands prior to urination in view of Collector prior to the collection, and is to remain in the presence of the Collector without access to any water fountain, faucet, soap dispenser, cleaning agent or any other materials which could be used to adulterate the Specimen. 6. The Donor may provide his/her Specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy. The Collector shall provide the collection container for this purpose which is suitable for the gender of the Donor. 7. The Specimen Collection kit is to be opened in front of the Donor by the Collector. The Donor shall urinate into a collection container or a specimen bottle capable of holding at least 60 milliliters. If a collection container is Page 38 of 74 used, the Collector, in the presence of the Donor, shall pour the urine into two specimen bottles. Thirty (30) ml shall be poured into one bottle, to be used as the Primary Specimen. At least fifteen (15) milliliters shall be poured into the other bottle, to be used as the Split Specimen. If a single specimen bottle is used as a collection container, the Collector shall pour thirty (30) milliliters of urine from the specimen bottle into a second specimen bottle to be used as the Primary Specimen and retain the remainder of at least fifteen (15) milliliters in the collection bottle to be used as the Split Specimen. Both bottles shall be shipped in a single shipping container, together with copies 1, and 2 of the CCF, to the laboratory. 8. The Collector shall note any unusual behavior by the Donor or unusual appearance of the urine on the CCF, e.g. color, odor, and temperature. 9. Upon collecting the Specimen, the Collector will determine if the container contains at least forty-five (45) milliliters of urine. If the Donor is unable to provide forty-five (45) milliliters of urine, the Collector shall direct the Donor to drink fluids and, after a reasonable period of time, attempt to provide a Specimen using a fresh specimen bottle and collection kit. The original collection Specimen is to be discarded. If the Donor is still unable to give a 45 milliliter Specimen, the following rules will apply: (a) In the case of random testing (at a Fire Department Facility) the unsuccessful Donor or Donors shall be allocated an additional fifteen (15) minutes after the last successful Donor. If Donor(s) are not able to submit the required amount of specimen, Donor(s) shall be transported by fire personnel to the Collectors Facility in order to continue attempting to provide specimen. The Donor(s) shall continue to consume reasonable quantities of fluids until the Specimen has been provided, or until the expiration of a period of up to 8 hours from the beginning of the collection procedure. (b) In the case of a post-accident or reasonable suspicion (as defined by the Fire Department's Alcohol and Drug Policy), the Donor must remain at the Collector's Facility and continue to consume reasonable quantities of fluids until the Specimen has been provided, or until the expiration of a period of up to eight (8) hours from the beginning of the collection procedure. (c) In the case of a pre-employment test, random test, periodic test or other test not for cause as defined by the Fire Department Policy, the Fire Chief shall be notified when the Donor is unable to provide forty- five (45) milliliters of urine after several hours, The Fire Chief shall elect Page 39 of 74 either to follow item (1 ) above or to discontinue the collection and conduct a subsequent collection at a later time. (d) If the Donor cannot provide a complete Specimen within the 8-hour period or at the subsequent collection, as applicable, then the Contractor/Service Provider's MRO shall refer the Donor for a medical evaluation to develop pertinent information concerning whether the Donor's inability to provide a Specimen is genuine or constitutes a refusal to provide Specimen. The MRO shall report his/her conclusions to the Fire Chief. 1 O.After the Specimen has been provided and submitted to the Collector, the Donor will be allowed to wash his/her hands. At this point, sink faucets may be untapped and the commode flushed. With the Specimen in the presence of both the Donor and Collector, they may then proceed to another appropriate area to continue this procedure. 1 1 .Immediately after the Specimen has been provided and submitted to the Collector, and in the presence of the Donor, the Collector shall measure the temperature of the Specimen within a maximum time of four (4) minutes from the time of urination, and inspect the Specimen to determine if its color and look indicates any signs of contaminants. Any unusual finding must be noted on the CCF. A specimen temperature outside the range of 32.5-37.7 degrees Centigrade or 90.5-99.8 degrees Fahrenheit constitutes a reason to believe that the Donor has altered or substituted the Specimen. In such cases, the Donor supplying the Specimen may volunteer to have his or her oral temperature taken to provide evidence to counter the suspicion to believe the Donor may have altered or substituted the Specimen. All specimens suspected of being adulterated must be forwarded to the laboratory for testing. 12.Whenever there is reason to believe that a particular Donor has altered or substituted the Specimen, proceed as required in Section B, entitled "Direct Observation". With the Fire Chief's approval, a second Specimen shall be obtained as soon as possible under the direct observation of a same gender Collector. 13.Both the Donor and the Collector shall keep the Specimen in view at all times prior to the Specimen being sealed with a tamper proof seal and labeled. Both parties are to remain in the presence of the Specimen while the Collector places an identification label which contains the date, the Donor's Specimen number, and any other identifying information provided. Page 40 of 74 14.In the presence of both parties, the Donor shall initial the identification label on the Specimen bottle for the purpose of certifying that it is the Specimen collected from him/her. 15.The Collector shall enter on the CCF all information identifying the Specimen. The Collector shall sign the CCF certifying that the collection was accomplished according to the applicable Department requirements. 16.The Donor tested shall be asked to read and sign a statement on the CCF certifying that the Specimen identified as having been collected from his/her is in fact the Specimen he/she provided. 17.The Donor tested is to sign the CCF which authorizes the collection of the Specimen, analysis of the Specimen for designated controlled substances, and release of the results to the Fire Chief, or designee. 18.The Collector shall complete the Control-and-Custody portion of the CCF to indicate receipt of the Specimen from the Donor and shall certify proper completion of the collection. The Donor may now leave. 19.The urine Specimen and CCF are now ready for shipment. If the Specimen is not immediately prepared for shipment, the Collector shall ensure that it is appropriately safeguarded during temporary storage. 20.While any part of the custody-and-control procedures is being performed, it is essential that the custody-and-control be under the monitored of the involved Collector. If the involved Collector leaves his/her work station momentarily, the Collector shall take the Specimen and CCF with him/her, or shall secure them. After the Collector returns to the work station, the custody process will continue. If the Collector is leaving for an extended period of time, he/she will package the Specimen for mailing before leaving the Facility. 21 .The Collector shall not leave the Facility in the interval between presentation of the Specimen by the Donor and securing the Specimen. The Specimen is secured by placing an identifying label on it which contains the Donor's Specimen identification number (as shown on the CCF), attaching the tamper-proof seal, and obtaining the Donor's initials on the seal. If it becomes necessary for the Collector to leave the Facility during this interval, the collection shall be nullified and, upon direction of the Fire Chief a new collection begun. F. TRANSPORTATION TO LABORATORY The Collector shall arrange to ship the Split Specimen to a laboratory certified by the Substance Abuse and Mental Health Services Administration Page 41 of 74 (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program. The Split Specimen must be placed in a shipping container designed to minimize the possibility of damage during shipment. The shipping container must be securely sealed to eliminate the possibility of undetected tampering during transportation. On the tape sealing the shipping container, the Collector shall ensure that the CCF is attached or enclosed in each container sealed for shipment to the testing laboratory. G. FAILURE OF DONOR TO COOPERATE If the Donor refuses to cooperate with the collection process, the Collector shall inform the Fire Chief within thirty (30) minutes if a work day or at the beginning of the next day, if after hours, and shall document the non- cooperative behaviors on the CCF. H. DONORS REQUIRING MEDICAL ATTENTION If the Specimen is being collected from a Donor in need of medical attention (e.g. as part of a post-accident test given in a clinic or emergency medical facility), necessary medical attention must NOT be delayed in order to collect a Specimen. I. USE OF CHAIN-OF-CUSTODY FORM (CCF) A CCF must be used for maintaining control and accountability of each Specimen from the point of collection to final disposition of the Specimen. The date and purpose must be documented on the CCF each time a Specimen is handled or transferred and every person in the chain must be identified in writing on the CCF. Every effort must be made to minimize the number of persons handling Specimens. J. ALCOHOL TESTING OF EMPLOYEES UNDER THE FIRE DEPARTMENT'S ALCOHOL AND DRUG POLICY 1 . Breath samples must be taken only by qualified medical personnel. Qualified medical personnel means: a physician, physician's assistant, nurse, emergency medical technician, or other person authorized under State or Federal law. 2. The same CCF used for Drug testing under this Agreement must be used for breath alcohol testing under this Policy, except that under "type of test", "other" is selected and breath alcohol" is written on the form next to "other." This CCF must be used for each Breath Sample from the time of collection through the authorized disposition of the specimen. Page 42 of 74 3. The Samples are taken using certified Breath Alcohol Testing Protocol that shall be consistent with that set forth in Title 49 of the Code of Federal Regulation, including but not limited to the following steps: (a) The Collector shall use an Evidential Breath Testing Device (EBT), which is a device approved by NHTSA for the evidential testing of breath at the .02 and .04 alcohol concentrations, placed on NHTSA's Conforming Products List (CPL) for "Evidential Breath Measurement Devices" and identified on the CPL as conforming with the model specifications available from NHTSA's Traffic Safety Program. (b) If the employee is going to take a drug test as well, the alcohol breath test should be completed before the urine collection, process begins. The employee should sign off that Alcohol Testing Form (ATF) prior to beginning of the initial test. (c) An individually wrapped and sealed mouthpiece shall be opened for the testing and in view of the employee, in accordance with the manufacturer's instructions. (d) An employee shall blow steadily and forcefully into the mouthpiece for at least 6 seconds or until an adequate amount of breath has been obtained. (e) The employee shall be shown the displayed result. (f) The results shall be printed and or recorded on the ATF. (g) If the result is in concentration of less than 0.02, then the ATF shall be signed and dated. (h) If the Donor's results are 0.02 or greater, there is a fifteen (15) minute waiting period for a confirmation test. After the second confirmation test, the test results are printed on the same form and the employee signs step IV of the form. (i) Employee is to sign the ATF, step IV if the concentration test is 0.02 or higher. (j) Once the procedures are being performed, the collector does not leave the work station until the test is completed. (k) The Breath Sample Results are released to the Fire Chief, or designee. Page 43 of 74 K. RECORDS PROCEDURES 1 . Requests for employment verification or references for an individual terminated under Fire Department policy must be forwarded to the City of Corpus Christi Human Resources Department for response. For Texas Employment Commission hearing on granting unemployment insurance, the Fire Chief must cite a rules violation as the reason for termination and will supply a copy of the letter of termination which states specific reasons. Where there is doubt about the release of information, the City's Legal Department will be consulted for guidance. 2. Records related to services provided under this Agreement must be maintained for five (5) years after termination or expiration of this Agreement. 3. A Donor subject to drug and alcohol testing is entitled, upon his/her written request, to obtain copies of any records pertaining to the Donor's use of drug and alcohol, including any records pertaining to his/her drug and alcohol tests. The Fire Chief, or designee, must promptly provide the requested records and must not make such records subject to payment. The Fire Chief, or designee, must release information regarding a Donor's records as directed by the specific, written consent of the Donor authorizing release of the information to a person identified by the Donor. Release of such information is permitted only in accordance with the terms of the Donor's consent. L. STATISTICAL DATA REPORTING The Collector must provide to the Fire Chief a monthly statistical data report maintained annually on a calendar year basis, which summarizes the results of drug and alcohol testing and must include the following informational elements: 1 . Number of drug tests performed monthly and cumulative. 2. Number of alcohol tests performed monthly and cumulative. 3. Number of confirmed positive drug tests monthly and cumulative subdivided by drug type. 4. Number of confirmed positive alcohol tests monthly and cumulative. Page 44 of 74 SCOPE OF WORK ATTACHMENT IV POLICE DEPARTMENT PROTOCOL FOR DRUG TESTING A Specimen Collector (Collector) and Collection Facility (Facility) which complies with accessibility requirements of Title III of The Americans With Disabilities Act (ADA) must be available, upon pager notification, 24-hours a day, 7 days a week including weekends and holidays for alcohol and drug testing of City of Corpus Christi Police Department employees and applicants (collectively "Donors"). Specimen collection shall be performed by the qualified Contractor/Service Provider's staff at the Contractor/Service Provider's Facility, City Facility or as otherwise specified to the Contractor/Service Provider in writing by the Chief of Police, or designee. The Contractor/Service Provider (as defined in the Drug Testing Services Agreement) must conduct background investigations on laboratory and collection personnel involved in the collection of samples or handling of unsealed samples collected from a City of Corpus Christi Police Officer. The Contractor/Service Provider must not use employees to perform services under this Agreement who have been arrested by members of the City of Corpus Christi Police Department and/or who have been convicted of a felony or misdemeanor crime involving dishonest conduct or the possession of illegal drugs. Drug testing under this Agreement includes: pre-employment, assignment, reasonable suspicion, physical examination for return to duty, post-accident, post- firearm discharge, and random testing as defined in the Police Department's Alcohol and Drug Testing Policy. Protocols and procedures must follow the requirements of S.A.M.S.H.A. and C.A.P. All laboratories must be certified by S.A.M.S.H.A. and accredited by C.A.P. If problems arise during a specific collection, the Donor must be asked to wait while the Chief of Police, or designee, is contacted for a decision on the situation. If Donor refuses to wait, the Chief of Police must be notified at the beginning of the next workday if after hours and within 30 minutes if during the normal workday. I. DRUG TESTING PROCEDURES: A. REQUIREMENTS OF THE COLLECTION SITE FOR DRUG TESTING: 1 . The Facility must contain an enclosure within which private urination can occur, a toilet for completion of urination, a suitable clean surface for writing, and a source of water for washing hands. The Facility must allow for the Collector to wait outside the enclosure to monitor, not observe the collection. 2. The Collector actually monitoring the collection of a urine specimen must, in all cases, be of the same gender as the Donor providing the specimen. Page 45 of 74 If using a public restroom, the Collector is to remain in the restroom, but outside the stall, until the specimen is collected and must be of the same sex as the Donor providing the specimen. 3. If the Facility cannot be dedicated solely to drug testing, the portion used for testing must be secured during drug testing by ensuring other persons are not present, ensuring that there is no undetected access through any rear doors, and posting signs restricting access to authorized personnel during the entire collection process. 4. The Facility must be clean, well-lighted and secured as defined herein. 5. The Facility must have all materials, personnel, and supervision required to provide valid Chain-of-Custody procedures and to have available one male and one female Collector necessary for monitoring collections. 6. The Facility must provide sufficient lockers for Police Officers being drug tested to store their weapon, holster belt, radios, etc. The Police Officer is to be given the lock and key. The Police Officer will secure the lock and retain the key throughout the specimen collection process. B. FAILURE OF DONOR TO REPORT FOR DRUG TESTING AS SCHEDULED If the Donor does not report at the assigned time for drug testing, the Collector must contact the Chief of Police, or designee, within thirty (30) minutes if during workday, or at beginning of next workday if after hours, to obtain guidance on the action to be taken. C. COLLECTION PROCEDURES PREPARATION OF THE COLLECTION SITE PRIOR TO THE PRESENCE OF THE DONOR MUST INCLUDE: ADDING BLUING AGENTS IN TOILET TANKS AND BOWLS SO THAT THE WATER REMAINS BLUE; TAPING OFF OTHER SOURCES OF WATER, OR IF THE COLLECTION IS TAKING PLACE IN A RESTROOM WITH ONE OR MORE STALLS, THE COLLECTOR (OF SAME SEX OF DONOR) WILL MONITOR TO ENSURE SUCH WATER SOURCE IS NOT USED FOR DILUTING THE SPECIMEN. D. SPECIMEN COLLECTION PROCEDURE A "SPLIT SAMPLE" SPECIMEN COLLECTION FOR ALL DRUG TESTS CONDUCTED WILL BE USED. The use of the word "specimen" in this procedure is defined as split specimen unless otherwise designated. The following procedure is to be followed in each split specimen collection: Page 46 of 74 1 . Collector must positively identify the Donor as the person selected for testing. Ask Donor for a photo I.D. which can be an identification badge with photo, Driver's License with photo, or if no photo identification is available, positive identification by a City official. If identification cannot be established, the Collector must not proceed with the collection. 2. Collector must explain the collection procedure to the Donor. A ten (10) panel drug test must be required as set out in the Police Department's Alcohol and Drug Policy to include: Amphetamines, Barbiturates, Benzodiazepines, Cocaine Metabolites, Marijuana Metabolites, Methadone, Methaqualone, Opiate Metabolites, Phencyclidine, and Propoxyphene, and must be collected using the specific CCF form which has been approved by the Chief of Police, or designee. A Targeted Anabolic Steroid Profile must also be required as set out in the Police Department's Alcohol and Drug Policy and must be collected using the specific CCF form which is approved by the Chief of Police, or designee. 3. The Donor is NOT required to provide a list of any prescription or over-the-counter drugs. 4. The Donor will remove any unnecessary outer garments, such as a coat, jacket. hat, weapon, holster belt, radios, etc. which could be used to tamper with or adulterate the Donor's Specimen and place them in a locker provided for that purpose and will be given a lock and key for that locker. The Donor will retain the key throughout the specimen collection process. The Collector must ensure that all personal belongings, such as a purse or briefcase, remain with the outer garments. The Donor may retain his/her wallet. If the Donor requests it, the Collector must provide the Donor with a receipt for any personal belongings. 5. Donor is to wash hands prior to urination in view of Collector and is to remain in the presence of the Collector without access to any water fountain, faucet, soap dispenser, cleaning agent or any other materials which could be used to adulterate the Specimen. 6. The Donor may provide his/her Specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy. The Collector must provide the specimen container for this purpose, which is suitable for the gender of the Donor. 7. In cases of pre-employment, pre-assignment, reasonable suspicion, return-to-duty, post-accident, and post-firearm discharge testing, the collection kit is to be opened in front of the Page 47 of 74 Donor by the Collector. The Donor must urinate into a collection container or a specimen bottle capable of holding at least 60 milliliters. If a collection container is used, the Donor, in the presence of the Collector, must pour the urine into two specimen bottles. Thirty-(30) ml. must be poured into one bottle, to be used as the Primary Specimen. At least 15 milliliters must be poured into the other bottle, to be used as the Split Specimen. Contractor/Service Provider must ship both bottles in a single shipping container, together with copies 1, and 2 of the CCF, to the laboratory. 8. In the case of random testing, the collection kit is to be opened in front of the Donor by the Collector. The Donor must urinate into a collection container or a specimen bottle capable of holding at least 90 ml. If a collection container is used, the Donor, in the presence of the Collector, must pour the urine into four (4) specimen bottles (two (2) for the ten (10) panel drug test and two (2) for the steroid test). Thirty (30) ml. must be poured into one bottle, to be used as the Primary Specimen for testing under a ten (10) panel drug test. At least 15 ml. must be poured into the other bottle, to be used as the Split Specimen for the ten (10) panel drug test. Thirty (30) ml. must also be poured into one bottle, to be used as the Primary Specimen for the steroid testing. At least 15 milliliters must also be poured into the other bottle, to be used as the Split Specimen for the steroid test. Contractor/Service Provider must ship two (2) bottles for the ten (10) panel drug test in a single shipping container, together with copies 1, and 2 of the CCF, to the designated laboratory. The Contractor/Service Provider must also ship the remaining two (2) bottles for the steroid test in a single shipping container, together with copies 1, and 2 of the CCF, to the designated laboratory. 9. The Collector must note any unusual behavior by the Donor or unusual appearance of the urine on the CCF, (e.g. color, odor, and temperature.) 10. Upon collecting the Specimen for pre-employment, pre- assignment, reasonable suspicion, return-to-duty, post-accident, and post-firearm discharge testing, the Collector will determine if the containers contains at least 45 ml of urine. If the Donor is unable to provide 45 ml of urine, the Collector will direct the Donor to drink not more than 40-ounces of fluids and, after a period of up to two hours, again attempt to provide a complete Specimen using a fresh specimen bottle and collection kit. The original insufficient specimen must be discarded. The Donor must remain at the Facility. Page 48 of 74 1 1 . Upon collecting the Specimen for random testing, the Collector will determine if the containers contains at least 90 ml of urine. If the Donor is unable to provide 90 ml of urine, the Collector will direct the Donor to drink not more than 40-ounces of fluids and, after a period of up to two hours, again attempt to provide a complete Specimen using a fresh specimen bottle and collection kit. The original insufficient specimen must be discarded. The Donor must remain at the Facility. If the Donor is still unable to give 45-milliliters of specimen for pre- employment, pre-assignment, reasonable suspicion, return-to- duty, post-accident, and post-firearm discharge testing, or 90- milliliters of specimen for random testing, the following rules will apply: (a) In the case of post-accident, reasonable suspicion, or random drug testing, the Donor must remain at the Facility and continue to consume reasonable quantities of fluids until the Specimen has been provided. (b) In the case of a pre-employment test or other test, which is not for cause, Chief of Police, or designee, must be notified when the Donor is unable to provide sufficient specimen after several hours. The Chief of Police, or designee, must elect either to follow item (1 ) above or to discontinue the collection and conduct a subsequent collection at a later time. (c) If the Donor cannot provide a complete Specimen initially or at the subsequent collection, as applicable, then the City's MRO must refer the Donor for a medical evaluation to develop pertinent information concerning whether the Donor's inability to provide a Specimen is genuine or constitutes a refusal to provide a Specimen. The MRO must report his/her conclusions in writing to the Chief of Police. 12.After the Specimen has been provided and submitted to the Collector, as described in Number 7 of this Section, the Donor may wash his/her hands. At this point, sink faucets may be untaped and the commode flushed. With the Specimen in the presence of both the Donor and Collector, the Collector may then proceed to another appropriate area to continue this procedure. 13.Within four (4) minutes from the time of urination and immediately after the Specimen has been provided and submitted to the Collector, and in the presence of the Donor, the Collector must Page 49 of 74 measure the temperature of the Specimen, and inspect the Specimen to determine if its color and look indicates any signs of contaminants. Collector must note any unusual findings must be noted on the CCF. A specimen temperature outside the range of 32.5-37.7 degrees Centigrade/90.5-99.8 degrees Fahrenheit constitutes a reason to believe that the Donor has altered or substituted the Specimen. In such cases, the Donor supplying the Specimen may volunteer to have his or her oral temperature taken to provide evidence to counter the suspicion that the Donor may have altered or substituted the Specimen. All specimens suspected of being adulterated must be forwarded to the laboratory for testing. 14.Whenever there is reason to believe that a particular Donor has altered or substituted the Specimen, proceed as stated in Section E, "Direct Observation". With the Chief of Police's, or designee's, approval a second split Specimen must be obtained as soon as possible under the direct observation of a same gender Collector. 15.Both the Donor and the Collector must keep the Specimen in view at all times prior to the Specimen being sealed with a tamper proof seal and labeled. Both parties are to remain in the presence of the Specimen while the Collector places an identification label, which contains the date, the Donor's Specimen number, and any other identifying information provided. 16.In the presence of both parties, the Donor must initial the identification label on the Specimen bottle for the purpose of certifying that it is the Specimen collected from him/her. 17.The Collector must enter on the CCF all information identifying the Specimen. The Collector must sign the CCF certifying that the collection was accomplished according to the applicable requirements of the Drug Testing Services Agreement. 18.The Donor must be asked to read and sign a statement on the drug CCF certifying that the Specimen identified as having been collected from him/her is in fact the Specimen he/she provided. 19.The Donor must sign the CCF, which authorizes the collection of the Specimen, analysis of the Specimen for designated controlled substances, and release of the results to the Chief of Police. 20.The Collector must complete the custody-and-control portion of the CCF to indicate receipt of the Specimen from the Donor and must Page 50 of 74 certify proper completion of the collection. The Donor may now leave. 21 .The urine Specimen and CCF are now ready for shipment. If the Specimen is not immediately prepared for shipment, the Collector must ensure that it is appropriately safeguarded during temporary storage in a secured area. 22.While any part of the custody-and-control procedures is being performed, it is essential that the urine Specimen and custody documents be under the control of the involved Collector. If the involved Collector leaves his/her workstation momentarily, the Collector must secure the urine Specimen in a locked cabinet. After the Collector returns to the workstation, the custody process will continue. If the Collector is leaving for an extended period of time, he/she will package the specimen for mailing before leaving the Facility. 23.The Collector must not leave the Facility in the interval between presentation of the Specimen by the Donor and securing the Specimen. The Specimen is secured by placing an identifying label on it which contains the Donor's Specimen identification number (as shown on the CCF), attaching the tamper-proof seal, and obtaining the Donor's initials on the seal. If it becomes necessary for the Collector to leave the Facility during this interval, the collection is nullified and, upon direction of the Chief of Police or designee, a new collection begun. 24.The specimens collected must be maintained in a locked refrigerator or locked storage container until picked up by the courier. E. DIRECT OBSERVATION All specimens collected that are suspected of adulteration must be forwarded to the laboratory for testing with the Collector documenting on the CCF his/her observations. Direct observation of a second specimen collection by a Collector of the same gender must be authorized by the Chief of Police, or designee, for Donors when the following conditions exist: 1 . When the temperature (which must be taken within a maximum of 4 minutes) falls outside a temperature range of 90.5 to 99.8 degrees Fahrenheit or 32.5-37.7 degrees Centigrade. 2. If the specimen has a specific gravity of less than 1 .003 and a creatinine concentration below .2g/L. Page 51 of 74 3. If the Collector observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the specimen, a second specimen is to be obtained and the Chief of Police notified in writing of the circumstances. If the Collector suspects that the specimen has been tampered with in any way, another specimen must be obtained before the Donor is allowed to leave. The Chief of Police must be informed within thirty (30) minutes of the refusal if during the normal workday or at the beginning of the next work day if after hours, during weekends, or on holidays, if the Donor refuses to give another specimen. F. TRANSPORTATION TO LABORATORY The Collector must arrange to ship the Split Specimen to the drug- testing laboratory. The Split Specimen must be placed in a single shipping container designed to minimize the possibility of damage during shipment together with copies 1 , and 2, and the CCF. The shipping container must be securely sealed to eliminate the possibility of undetected tampering. The Collector must ensure that the CCF documentation is enclosed in each container sealed for shipment to the drug-testing laboratory. G. FAILURE OF DONOR TO COOPERATE If the Donor refuses to cooperate with the collection process, the Collector must inform the Chief of Police within 30 minutes if it is a workday or at the beginning of the next workday if after hours, and must document the uncooperative behaviors on the CCF. H. DONOR REQUIRING MEDICAL ATTENTION If the Specimen is being collected from a Donor in need of medical attention (e.g. as part of a post-accident test given in a clinic or emergency medical facility), necessary medical attention must NOT be delayed in order to collect a Specimen. I. USE OF CHAIN-OF-CUSTODY FORM (CCF) A CCF must be used for maintaining control and accountability of each Specimen from the point of collection to final disposition of the Specimen. The date and purpose must be documented on the CCF each time a Specimen is handled or transferred and every individual Page 52 of 74 in the chain must be identified in writing on the CCF. Every effort must be made to minimize the number of persons handling Specimens. J. RECORD MAINTENANCE Records related to services provided under this Agreement must be maintained for 5 years after termination or expiration of this Agreement, or if a lawsuit or arbitration is pending, until there is a final judgment and all appeals have been exhausted. Page 53 of 74 SCOPE OF WORK POLICE AGREEMENT ATTACHMENT IV POLICE DEPARTMENT'S ALCOHOL & DRUG TESTING POLICY COLLECTION PROCEDURES FOR BLOOD ALCOHOL TESTING 1 . Blood specimens must be taken only by qualified medical personnel. Qualified medical personnel is defined as a physician, physician's assistant, nurse, emergency medical technician, or other person authorized under State or Federal law or Regulation to collect blood. 2. The same CCF used for Drug testing under this Agreement must be used for blood alcohol testing under this Policy, except that under "type of test" "other" is selected and "blood alcohol" is written on the form next to "other." This CCF must be used for each blood alcohol specimen from the time of collection through the authorized disposition of the specimen. 3. The blood specimen must be kept in a secured area until picked up by the courier. 4. Blood specimens must be shipped to the S.A.M.H.S.A.-certified, C. A. P.- accredited laboratory by any means adequate to ensure delivery within twenty-four (24) hours of receipt by the carrier. 5. Blood alcohol test results must be reviewed by the Medical Review Officer (MRO). The MRO's review is to determine if custody-and-control procedures were followed and if there is legitimate medical explanation for the presence of alcohol in the blood specimen. Page 54 of 74 SCOPE OF WORK ATTACHMENT V-A DOT DRUG TESTING LABORATORY PROTOCOL All defined terms used in the Drug and Alcohol Testing Services Agreement apply to this Attachment V-A. Additional terms are defined herein. Each Collector and BAT is the Contractor/Service Provider's Agent. Each employee of a Laboratory under contract to provide drug and alcohol services for City who works on tests for the City is the Contractor/Service Provider's Agent while performing test- related activities. Description of Protocol As part of the City's substance abuse testing of its Donors under DOT regulations, urine Split Specimens will be collected in accordance with applicable federal regulatory procedure as described in Attachment I, incorporated by reference in this Agreement. Each Specimen will be analyzed in one of Contractor/Service Provider's laboratories, which are certified by S.A.M.H.S.A. and accredited by C.A.P. and will be tested for the presence of the following compounds at the detection levels indicated. Should Department of Transportation (DOT) Regulations be revised by the federal government during the term of this Agreement, the detection levels in this Agreement will be revised effective on the date set by the regulations at no additional fee and such revisions will not invalidate this Agreement or its Attachments. Each initial screen will be analyzed by immunoassay ("EMIT"), and all presumptive positives will be confirmed by gas chromatography mass spectrometry ("GC- MS" EMIT SCREEN C-MS CONFIRMATIO DETECTION LEVEL DETECTION LEVEL DRUG GROUP n /ml* n /ml* Amphetamine 500 250 Cocaine Metabolites 150 100 Marijuana Metabolites 50 15 - Opiate Metabolites 2,000 2,000 Phencyclidine 25 25 MDMA 500 250 *nanograms/milliliter Page 55 of 74 SCOPE OF WORK ATTACHMENT V-B NON-DOT DRUG TESTING PROTOCOL All defined terms used in the Drug and Alcohol Testing Services Agreement apply to this Attachment V-B. Additional terms are defined herein. Each Collector and BAT is a Contractor/Service Provider's Agent. Each employee of a Laboratory under contract to provide drug and alcohol services for City who works on tests for the City is the Contractor/Service Provider's Agent while performing test related activities. Description of Protocol As part of the City's company-sponsored substance abuse testing of its Donors, urine specimens will be collected in accordance with the City-approved collection procedures. Each specimen will be analyzed in one of Contractor/Service Provider's laboratories certified by S.A.M.H.S.A., and accredited by C.A.P. Contractor/Service Provider must provide laboratory- testing services in accordance with the specifications described in Attachment II. Each specimen submitted for testing under SAP 10 will be assayed for the presence of the following compounds at the detection levels indicated. EMIT SCREEN C-MS CONFIRMATIO DETECTION LEVEL DETECTION LEVEL DRUG GROUP n /ml* n /ml* Amphetamines 500 250 **Barbiturates 300-1 ,000 200 Benzodiazepines 300 200 Cocaine Metabolites 150 100 Marijuana Metabolites 50 15 Methadone 300 200 Methaqualone 300 200 Opiates Metabolites 300 300 Phencyclidine 25 25 Propoxyphene 300 200 *nanograms/milliliter **The limit of detection varies according to the specific drug and/or metabolites present. Contractor/Service Provider will also assay each specimen for signs of possible adulteration. Specimen adulteration assays will consist of two or more of the following: * Creatinine * Chloride * Specific Gravity * Ph Page 56 of 74 If Federal DOT drug testing programs revise detection cutoff levels during the term of this Agreement, the detection levels in this Agreement must be revised effective on or after the date set by the regulations at no additional fee and such revisions will not invalidate this Agreement or its Attachments. Page 57 of 74 SCOPE OF WORK ATTACHMENT V-C FIRE DEPARTMENT DRUG TESTING PROTOCOL Description of protocol A. As part of the Fire Department's substance abuse testing of its applicants and firefighters (collectively "Donors") urine Split Specimens will be collected in accordance with applicable federal regulatory procedure as described in Attachment III, incorporated herein by reference in this Agreement. Each Specimen will be analyzed in one of Contractor/Service Provider's laboratories which are S.A.M.H.S.A. certified and C.A.P. accredited, and will be tested for the presence of the following compounds at the detection levels indicated. Each initial screen will be analyzed by immunoassay ("EMIT"), and all presumptive positives will be confirmed by gas chromatography-mass spectrometry ("GC-MS"). Each Specimen submitted for testing under the testing provision of this policy will be assayed for the presence of the following compounds. Pre- employment testing will utilize the SAP 10, which includes Amphetamines, Barbiturates, Benzodiazepines, Cocaine Metabolites, Marijuana Metabolites, Methadone, Methaqualone, Opiates Metabolites, Phencyclidine, and Propoxyphene. EMIT SCREEN C-MS CONFIRMATIO DETECTION LEVEL DETECTION LEVEL DRUG GROUP n /ml* n /ml* Amphetamines 1000 500 **Barbiturates 300-1 ,000 200 Benzodiazepines 300 200 Cocaine Metabolites 300 150 Marijuana 50 15 Metabolites 300 300 Methadone 300 200 Methaqualone 300 200 Opiates Metabolites 300 300 Phencyclidine 25 25 Propoxyphene 300 200 *nanograms/miIli liter Page 58 of 74 B. Contractor/Service Provider will also assay each Specimen for signs of possible adulteration. Specimen Alteration assays will consist of two or more of the following: *Creatinine, *Chloride, *Specific Gravity, and *Ph The initial test (also known as a screening test) must be an enzyme immunoassay screen (EMIT) to eliminate "negative" urine specimens from further consideration. C. If the initial test indicates a positive result, a confirmation test by gas chromatography/mass spectrometry (GC/MS) will be used to confirm the presence of a specific drug or metabolite. The confirmation test must be independent of the initial test and uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy. For classes of drugs where GC/MS is not an approved confirmation procedure, an alternative confirmation test will be used. Page 59 of 74 SCOPE OF WORK ATTACHMENT V-D POLICE DEPARTMENT DRUG TESTING PROTOCOL Description of protocol A. As part of the Police Department's substance abuse testing of its applicants and police officers (collectively "Donors'), urine Split Specimens will be collected in accordance with applicable federal regulatory procedure as described in Attachment IV, incorporated herein by reference in this Agreement. Each Specimen will be analyzed in one of Contractor/Service Provider's laboratories which are S.A.M.H.S.A.-certified and C.A.P.-accredited, and will be tested for the presence of the following compounds at the detection levels indicated. Each initial screen will be analyzed by immunoassay ("EMIT"), and all presumptive positives will be confirmed by gas chromatography-mass spectrometry ("GC-MS"). Pre-Employment, Pre-Assignment, Reasonable Suspicion, Return-to-Duty, Post-Accident, and Post-Firearm Discharge: Each Specimen submitted for testing under the testing provision of this policy will be assayed for the presence of the following compounds. Pre- employment testing will utilize the SAP 10, which includes Amphetamines, Barbiturates, Benzodiazepines, Cocaine Metabolites, Marijuana Metabolites, Methadone, Methaqualone, Opiates Metabolites, Phencyclidine, and Propoxyphene. EMIT GC-MS SCREEN CONFIRMA TION DETECTIO DETECTION N LEVEL LEVEL DRUG GROUP n /ml* n /ml* Amphetamines 1 ,000 500 **Barbiturates 300 200 Benzodiazepin 300 200 es Marijuana 50 15 Methadone 300 200 Methaqualone 300 200 Opiates 300 300 Metabolites Phencyclidine 25 25 Propoxyphene 300 200 Page 60 of 74 *nanograms/milliliter B. Contractor/Service Provider will also assay each Specimen for signs of possible adulteration. Specimen Alteration assays will consist of two or more of the following: *Creatinine, *Chloride, *Specific Gravity, and *Ph The initial test (also known as a screening test) must be an enzyme immunoassay screen (EMIT) to eliminate "negative" urine specimens from further consideration. C. If the initial test indicates a positive result, a confirmation test by gas chromatography/mass spectrometry (GC/MS) will be used to confirm the presence of a specific drug or metabolite. The confirmation test must be independent of the initial test and uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy. For classes of drugs where GC/MS is not an approved confirmation procedure, an alternative confirmation test will be used. Random Testing: A. For specimens submitted for Random Testing, in addition to the SAP10 described in sections A, B, and C of this attachment, each such specimen will also be assayed using the Targeted Anabolic Steroid Profile which includes: Androstenediol, Androstendione, Boldenone, Dihydroepiandrosterone (DHEA), Epitestosterone, Methandienone (Dianabol), Methyltestosterone, Nandrolone (19-Mortestosterone), Nora ndrostenediol, Nora ndrostenedione, Oxandrolone (Anavar), Oxymetholone (Anadrol), Stanozolol, Testosterone, Testosterone/Epitestosterone Ratio, Probenecid (Blocking/Masking Agent), Clenbuterol (Anti-Catabolic Agent) EMIT GC-MS SCREEN CONFIR MATION DETECTI DETECTI ON ON LEVEL LEVEL DRUG GROUP n /ml* n /ml* Androstenediol 10 1 Androstendione 10 1 Boldenone 10 1 Dihydroepiandrost 10 1 erone DHEA Epitestosterone 10 1 Methandienone 10 1 Dianabol Meth ltestosterone 10 1 Nandrolone (19- 10 10 Mortestosterone Page 61 of 74 Nora ndrostenediol 10 1 Nora ndrostenedio 10 1 ne Oxymetholone 10 1 Anadrol Stanozolol 10 1 Testosterone 10 1 Testosterone/Epites 10 1 tosterone Ratio Probenecid 10 1 (Blocking/Masking Agent) Clenbuterol (Anti- 10 1 Catabolic Agent) Page 62 of 74 SCOPE OF WORK ATTACHMENT VI DOT and NON DOT Drug and Alcohol Testing City-Wide and Gas MEDICAL REVIEW OFFICER SERVICES All defined terms used in the Drug and Alcohol Testing Services Agreement apply to this Attachment VI. Additional terms are defined herein. Each MRO is a Contractor/Service Provider's Agent. The Physician acting as Medical Review Officer (MRO) for the City of Corpus Christi must provide the Director with documentation that he/she is a licensed physician who is knowledgeable about substance abuse disorders and is certified as a Medical Review Officer for drug testing by a recognized MRO certification training program, and the American Association of Medical review Officers. The Physician acting as an MRO for the City of Corpus Christi must provide the Director with proper documentation of the Physician's ability and the attainment of skills needed to interpret and evaluate confirmed positive test results of Donors together with their medical history and any other relevant biomedical information. To perform DOT tests, an MRO must meet the requirements of 49 CFR, 40 etc. The MRO must not be an employee of the certified laboratory conducting the drug tests unless the laboratory establishes a clear separation of functions to prevent any appearance of a conflict of interest, including assuring that the MRO has no responsibility for, and is not supervised by, or the supervisor of, any persons who have responsibility for the drug testing or quality control operations of the laboratory, and the Director gives prior written approval of such employment. Primary responsibilities of the MRO include, but are not limited to, the following: - Comply with all Federal, State and local laws regarding drug testing requirements. - Monitor specimen collection procedures, laboratory testing and reporting procedures to ensure they meet the requirements of the City, Police and Fire Department Alcohol and Drug Testing Policies, attached and incorporated as Attachments I -IV; Receive test results from the laboratory; - Review all test results received; - Verify laboratory reports and assessments; - Review and interpret each confirmed positive test result to determine if a valid medical reason exists; Page 63 of 74 - Conduct a medical interview in person with the Donor to discuss a positive test result; - Review Donor's medical history, medical records and any biomedical factors as appropriate; - Make decision to retest the Primary Sample when necessary; - Advise Donor of his/her right to request a test of the Split Specimen (not Primary Specimen) if the request is made to the MRO within 72-hours of being informed of the positive test result; - Coordinate with an approved laboratory certified by Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program (C.A.P.), in writing for the request to test a Split Specimen upon the timely request of the applicable Donor; - Notify the Director, the City's designated drug testing program manager, of all negative and verified positive tests and provide copies of results. - Notify the Director of any Donor's request for a test of the Split Specimen; - Obtain and submit to the laboratory three blind performance test specimens for each 100 DOT drug tests performed; - Make recommendations as a member of the City's "Rehabilitation Committee" which is composed of the Director of Human Resources, the Risk Manager and the Employee Assistance Program Counselor in regards to handling the Donor's alcohol or drug abuse rehabilitation plan, - Provide Contractor/Service Provider's Agent's testimony (specifically including MRO's testimony) both in preparation for any"Proceeding" and at the actual "Proceeding itself," which concerns any drug and alcohol collection, test, evaluation, or MRO services provided by Contractor/Service Provider or Contractor/Service Provider's Agent is the essence of this Agreement "Testimony". Testimony from Contractor/Service Provider's Agent is absolutely essential for the City to defend any grievance, arbitration, or lawsuit that results from any Donor challenging City's actions based on the results of that donor's drug or alcohol specimen that was collected, tested, or evaluated by Contractor/Service Provider or Contractor/Service Provider's Agent or reviewed by Contractor/Service Provider's MRO. Said grievance, arbitration, or lawsuit, and the preparation for it, collectively called the "Proceeding". The failure of Contractor/Service Provider or Contractor/Service Provider's Agent to appear in person to provide Testimony for any Proceeding is grounds for the City Manager to terminate this Agreement, or, alternatively, require Page 64 of 74 Contractor/Service Provider to pay all of the City's costs in preparing for and defending said Proceeding. At a minimum, the costs of a Proceeding include all Legal Staff time (Attorney's time will be billed at standard community rates for Attorneys of comparable experience, the same will be billed for secretarial and paralegal time, and for copies made for exhibits prepared for the Proceeding) and costs, all Human Resources staff time and costs, all staff time and costs for the department whose employee or applicant (i.e. donor) caused the Proceeding to occur [NOTE: in the case of Police and Fire Departments this may include overtime Costs] , and all expert witness fees, including the cost of Contractor/Service Provider's MRO's fees and any Arbitrator's Fees. The failure of Contractor/Service Provider's Agent (specifically including Contractor/Service Provider's MRO) to appear in person and give live Testimony at a Proceeding is presumed to be the reason that City lost the Proceeding. The City's costs in an arbitration Proceeding, that is decided against the City shall include all the arbitration costs. Only the hearing examiner in a Proceeding (e.g. Chairperson of the Civil Service Board or Commission, Judge, Arbitrator collectively called "Hearing Examiner" herein) has the authority to provide a prior written waiver that any Contractor/Service Provider's Agent (specifically including Contractor/Service Provider's MRO) does not have to appear in person and give live Testimony. It is the obligation of any Contractor/Service Provider's Agent who wishes to not appear in person and give live Testimony to make prior written arrangements with the Hearing Examiner and copy both the Director at the fax number listed herein and the City Attorney at (361 ) 880-3239 with all correspondence between Contractor/Service Provider's Agent and the Hearing Examiner. Simply because a Contractor/Service Provider's Agent obtained the Hearing Examiner's prior written approval to not appear in person and give live Testimony does not rebut the presumption that the failure to give live Testimony is the reason the City lost the Proceeding. The MRO's facility must be accessible and in compliance with Title III of The Americans With Disabilities Act (ADA). All records compiled by Contractor/Service Provider, (Contractor/Service Provider's employees, contractors, and agents, including without limitation Contractor/Service Provider's MRO, (collectively called Contractor/Service Provider's Agent) are compiled for the City to use in determining whether a donor uses or has used drugs or alcohol. All records belong to the City. Contractor/Service Provider is the designated custodian of these Records, with certain Records in the custody of Contractor/Service Provider's MRO. All Records are compiled pursuant to a waiver signed by the Donor that authorizes Contractor/Service Provider to provide the Records to Director. It is the essence of this Agreement that the Contractor/Service Provider provide all Records to the Director when requested. Page 65 of 74 All Records compiled by Contractor/Service Provider and Contractor/Service Provider's Agent (specifically including Contractor/Service Provider's MRO) from information and samples provided by a Donor are compiled for the City and belong to the City. If Contractor/Service Provider or Contractor/Service Provider's Agent believes that information provided by a Donor is confidential and chooses to redact that information, or conversely fails to redact confidential information, then Contractor/Service Provider agrees to indemnify the City for all damages incurred by the City due to Contractor/Service Provider or Contractor/Service Provider's Agent's redaction of, or failure to redact, confidential information from the Records. MRO's services will be subject to revision to meet the requirements of federally mandated changes to Department of Transportation (DOT) Regulations, Paragraph 40.169, Section 49, CFR 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, should such changes become law and effective during the term of this Agreement and incorporated Attachments, at the fees indicated in the attached and incorporated fee schedule. I. RECEIPT OF LABORATORY TEST REPORTS Urine specimens must be collected using custody-and-control procedures and using a laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program (C.A.P.) to perform the urine specimen testing and test result reporting. The testing laboratory must transmit all test results directly to the Medical Review Officer (MRO). The transmittal from the laboratory must be by secured printer or fax machine or by other means agreed upon by the Director, laboratory and MRO, to be provided by the MRO for that purpose in the MRO's facility. Results from the laboratory will not be transmitted by telephone. A. NEGATIVE TEST RESULTS Upon receipt of a negative test result, the MRO must perform the following steps: 1 . Review the laboratory report within one day of receipt to ensure that the Donor's identification information on laboratory test reports matches with the MRO's "collection" copy, and the Donor is accurately identified as the person having a negative test report and that the CCF and procedures were correctly followed. For Donors tested under Department of Transportation (DOT) drug testing regulations, a verification must be noted on the CCF which indicates that the testing was performed by laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program (C.A.P.) and that there was compliance with custody-and-control procedures and forms as Page 66 of 74 outlined in 49 CFR 40, Procedures for Transportation Workplace Drug and Alcohol Testing Program. a. Report negative test results for DOT and NON-DOT Donors to the Director or designee. b. Report negative test results for CDL Donors to the Director or designee. c. Report negative test results to the Fire Chief or designee in accordance with Fire Department Policy. d. Report negative test results to the Police Chief or designee in accordance with Police Department Policy. B. POSITIVE TEST RESULTS Upon receipt of a positive test result, the MRO must perform the following steps: 1 . For cocaine, marijuana, and PCP positive test results the review must be completed on the day of receipt of the positive laboratory results. 2. For all other substances, the review must be completed within two City of Corpus Christi workdays of receipt of positive laboratory results. 3. MRO must review the laboratory report to ensure (a) that Donor identification information on laboratory test reports and MRO's collection copy match, (b) that the Donor is accurately identified as the person having a positive test report and (c) that the CCF and procedures were correctly followed. For Donors tested under Department of Transportation (DOT) drug testing regulations, the MRO may also verify (a) testing was performed by a laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing Program (C.A.P.), and (b) that there was compliance with custody-and-control procedures and forms as outlined 49 CPR 40, Procedures for Transportation Workplace Drug and Alcohol Testing Program. 4. If the MRO has any questions about the test documentation or test analysis, the MRO may exercise the following two options: (1 ) Request the laboratory records regarding the specimen testing procedures followed, and/or (2) Require the retest of a Primary Specimen if questions arise as to the accuracy or validity of a positive test result. Only the MRO has the authority to order a reanalysis of the Primary Specimen using a certified/accredited laboratory prior to reporting a positive result. Page 67 of 74 Under DOT regulations, the Donor is not authorized to request a reanalysis of the Primary Specimen. In the case of City-Wide, CDL, DOT, NON DOT employees these procedures will be followed. 5. Notify the Donor of positive test result: a. The MRO or his/her supervised and trained staff person may make initial contact with the Director of Human Resources or designee, or a medically licensed or certified staff person may gather information from the Donor in the case of a CDL, DOT, or NON DOT Donor. No direct communication is required between the MRO and the Donor of a current employee or pre-employment screening before verifying a positive result. But in the situation of the Fire or Police Department, the MRO MUST make initial contact with the employee first. A medically licensed or certified staff person may gather information from the Donor, but the MRO must communicate with Donor directly before verifying a test as positive. The MRO shall tell the Donor that MRO is an agent of the Police Department or Fire Department and advise the Donor of the positive test result and the type of illegal drug or substance reported. Since the City's, Fire and Police Departments use a split specimen method of collection, the MRO shall notify each Donor who has a confirmed positive test that the Donor has 72 hours from the time of notification in which to request a test of the split specimen, if the test is verified as positive. If the analysis of the split specimen fails to reconfirm the positive result, the MRO shall direct, in writing, the laboratory to provide the split specimen to another laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program for analysis of the drug(s) or drug metabolites found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or un- testable, the MRO shall cancel the test and report cancellation and the reason for it to the DOT, the Director, Fire or Police Chief , or designee, along with notifying the Donor. If a Donor has not contacted the MRO within 72 hours to request a test of the split specimen, as provided in DOT regulations, the Donor may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other circumstances unavoidably prevented the Donor from timely contacting the MRO. If the MRO reasonably concludes that there is a legitimate explanation for the Page 68 of 74 Donor's failure to contact the MRO within 72 hours, the MRO shall direct that the reanalysis of the split specimen, as applicable, be performed. b. No Direct Communication with Employees or Applicants: The MRO may verify a test as positive without direct communication with the Donor if: 1 . The Donor expressly declines the opportunity to discuss the test with the MRO. 2. If the MRO cannot make contact with a Donor within 24 hours from receipt of test results, the MRO shall contact the Director of Human Resources, Fire Chief, Police Chief or designee. Failure of a Donor to respond and contact the MRO within five (5) days of receipt of a documented contact by the City's Human Resources Director, Fire Chief, Police Chief, or designee will result in the MRO verifying the test as positive without having communicated directly with the Donor. The MRO shall keep documentation on attempts to contact the Donor. 3. When other legitimate circumstances occur which unavoidably prevent the Donor from contacting the MRO, such as serious injury or illness, the MRO may reopen the verification allowing the Donor to present information relative to a confirmed positive test. C. Review of Medical History, Records and other Biomedical Factors 1 . The MRO must review medical records to ascertain if a positive result is due to legally prescribed medication. This review is based on the Donor's doctor's report, copy of a prescription, or other proof of legitimate use of medication. The Donor must provide such proof during the interview with the MRO to be held within one (1) workday of contact with the Donor, if possible. 2. The MRO's records must indicate one of the following explanations for a legitimate positive test: (a) legally prescribed or dispensed medication, (b) ingested substances producing the same metabolites as illegal substances (e.g. poppy Page 69 of 74 seeds and opiates). In such cases, clinical evidence, in addition to the urine test, must be present of unauthorized use of any opium, opiate, or opium derivative, such as recent needle tracks and/or behavioral and psychological signs of acute opiate intoxication or withdrawal; (c) errors in CCF; (d) errors in laboratory technical analysis. d. Reporting Test Results by the MRO The MRO shall only convey to the Director, Fire Chief, Police Chief, or designee whether a drug or alcohol test result is positive or negative. 1 . If satisfied there exists a valid medical explanation for a positive test, the MRO will inform the Donor of the findings. The MRO will then verify that the test result is negative and report it accordingly to the Director, Fire Chief, Police Chief, or designee. 2. Upon conclusion that no legitimate medical reason exists for a positive test, the MRO will report a "verified" positive test to the Director, Fire Chief, Police Chief, or designee. The MRO will then sign a verification statement of the positive test result and will forward a copy of the laboratory results and collection form to the appropriate contact. e. Safety Concerns: Any safety concerns that come to the attention of the MRO through the counseling process must be directed to the designated City Physician, who will instruct the Director, Fire Chief, Police Chief, or designee, if there needs to be any limit placed on an employee for safety reasons. f. Donor's Request for Retest 1 . As provided in Paragraph 40.171 of 49 CFR, 40, if the test result of the primary specimen is positive, the Donor may request that the MRO direct that the split sample be tested in a different laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the Page 70 of 74 College of American Pathologists - Forensic Drug Testing program for presence of the drug(s) for which a positive result was obtained in the test of the primary specimen. The MRO shall honor such a request if it is made within 72 hours of the Donor having been notified of a verified positive test result. 2. The Director will be notified by the MRO of the request for testing of the split sample portion of the specimen. Upon receipt of the result of the test of the split specimen which reaffirms the results of the test of the primary specimen, the Donor and the Director shall be notified within one City of Corpus Christi work day. 3. Upon receipt of the result of the test of a split specimen which fails to reconfirm the presence of the drugs(s) or drug metabolites found in the primary specimen, the MRO shall cancel the test, and report the cancellation and the reasons for it to the DOT, the Director, and the Donor. Fee for transferring and re-testing of split specimen to another laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program upon timely request to MRO by a Donor, is to be paid by cash, cashier's check, or money order by the requesting Donor directly to the Contractor/Service Provider who is responsible for forwarding payment to the laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program that is performing the testing. The Donor is responsible for payment except for split specimen testing requests for Firefighters, which will be paid for by the City. II. DISCLOSURE OF INFORMATION 1 . Information, drug testing results, or rehabilitation records provided to the MRO as part of the testing verification process: a. Disclosure must be made to the Human Resources Director, or designee, City Attorney, a Department of Transportation (DOT) Agency representative, to Donors, or to a physician responsible for determining the medical qualification of the Donor under DOT Page 71 of 74 regulations, as part of an accident investigation, or where the information indicates that continued performance by an employee Donor of his/her safety-sensitive function could pose a significant safety risk. b. Disclosure must be made to the Director, Fire Chief, Police Chief, or designee, City Attorney, to Donors, as part of an accident investigation, or where the information indicates that continued performance by an employee Donor of his/her safety-sensitive function could pose a significant safety risk. C. Upon written request, any Donor who is subject to a drug test conducted by the City shall have access from the MRO to any records relating to that drug test or to review certification or revocation of certification records. d. Upon written request, the Donor may request the information described above or be disclosed to a third party. 2. Statistical data related to drug testing and rehabilitation that is not name- specific and which is formatted to comply with record-keeping requirements of 49 CFR 40 must be made available to the DOT Administrator and the Human Resources Director, or designee. 3. Statistical data related to drug testing and rehabilitation that is not name- specific and which is formatted to comply with record-keeping requirements of 49 CFR 40 must be made available to the Fire Chief, Police Chief, or designee. III. MRO STEPS IN THE REHABILITATION OF EMPLOYEE OR RETURN-TO-DUTY DETERMINATIONS OF CDL, DOT, NON DOT, POLICE DEPARTMENT OR CITY-WIDE OR GAS DEPARTMENT EMPLOYEES. 1 . The MRO makes a return-to-duty recommendation regarding when an employee Donor holding a security or safety related position may be returned to duty after failing or refusing to take a drug test. 2. The MRO must ensure that the Donor is drug free based on a drug test that shows no evidence of any current drug use. 3. The MRO ensures the Donor has been evaluated by a rehabilitation program counselor through the City's Employee Assistance Program by obtaining from the counselor an evaluation of the Donor's drug and/or alcohol use including the nature and degree of past abuse, progress in any rehabilitation effort, and prognosis and recommendations for after-care services. Page 72 of 74 4. The MRO must be satisfied with the Donor's compliance with any conditions or requirements of a rehabilitation and aftercare program in which the Donor participated. 5. The MRO, in consultation with the Director of Human Resources and the Employee Assistance Counselor, may determine a schedule of unannounced testing for a Donor who has returned to duty after rehabilitation. Such testing may be scheduled for up to sixty (60) months with the frequency determined by the MRO based on the assessment and recommendation of the counselor. IV. FOLLOW-UP TESTING FOR CITY-WIDE CDL, DOT AND NON DOT: 1 . Per DOT Regulations, Paragraph 40.281 , et of 49 CFR 382 and 49 CFR 199, a covered employee, Donor who has been identified by a Substance Abuse Professional (SAP) as needing assistance in resolving problems with alcohol misuse and who has returned to duty involving the performance of a safety- sensitive function, shall be subject to a minimum of 6 unannounced, follow- up alcohol tests administered on behalf of the City over the following 12 months. 2. The SAP can direct additional testing during this 12-month period or for an additional period of up to a maximum of 60 months from the date the employee Donor returns to duty. 3. A positive alcohol test under DOT rules, Paragraph 40.281 of 49 CFR 40, provides that the City can conduct follow-up drug tests on an employee during the follow-up alcohol testing period, and whenever the SAP has reason to suspect drug involvement. V. BLIND SAMPLES REQUIRED BY DOT FOR GAS DEPARTMENT PERSONNEL 1 . The MRO shall obtain and submit three (3) blind performance test specimens for each 100 specimens processed and advise the Director whenever a blind sample has been submitted and the results of the test ascertained. 2. Approximately 800 of the blind performance test samples shall be blank (i.e., containing no drug) and the remaining samples shall be positive or "spiked" for one or more drugs per sample. Spiked samples are limited to marijuana, cocaine, opiates, amphetamines, and PCP. 3. Upon receipt of a false positive error on a blind sample which is determined to be a technical or methodological error, the MRO will advise the Director who will notify the DOT agency concerned. Page 73 of 74 VI. RECORDKEEPING The following records must be maintained by the MRO in a separate, secured location with access restricted to the MRO and only his/her authorized staff, the Director, and Department of Transportation representatives. DOT drug testing records must not be filed together with other City records. Separate statistical data must be kept on all tests for Donors covered by (a) 49 CPR 199, Research and Special Programs Administration, (b) for 49 CFR 382, Federal Highway Administration, and (c) for other NON-DOT Donors tested under City Policies, including but not limited to the following: 1 . Drug testing data demonstrating that collection processes conformed to requirements of Agreement (5-year retention). 2. Records on positive drug test results for Donors must be retained for five (5) years and must include the following specifics: a. number of Donors who failed a drug test by type of test; b. records that demonstrate rehabilitation; c. function performed by employee Donors who failed a test; d. prohibited drug(s) used e. age of Donor 3. Records on negative drug tests for Donors must be kept for one (1 ) year. 4. Records on number of employee Donors tested by type of test must be kept for five (5) years (e.g. post-accident). 5. Records maintained on blind samples sent to the laboratory in compliance with DOT regulations must be kept for five (5) years. Page 74 of 74 Attachment B: Bid/Pricing Schedule � uscr CITY OF CORPUS CHRISTI ow � PURCHASING DIVISION RFP No. 1585 Drug and Alcohol Testing and.Occupational Services 'yCCRPCR'E I852 DATE: 13-Jul-18 Alliance Health Resources'Mobile Division, Ltd. PROPOSER AUT O D SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing 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 OpportunitylEmployer; and the disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinance, is curent and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. Item Description Qty Unit Unit Price Extended Price Drug Screen - Post Accident EVIDENTIAL BREATH 1.00 TEST 4 EA $15.00 $60.00 Drug Screen - Post Accident INITIAL URINE TEST (10- 1.01 PANEL Non Dot) 720 EA $32.00 $23,040.00 Drug Screen - Post Accident INITIAL URINE TEST (10- 1.02 PANEL Non Dot Police) 431 EA $32.00 $1,376.00 Drug Screen - Pre-Employment INITIAL URINE TEST 1.03 (NON-DOT) 24 EA $32.00 $768.00 1.04 Drug Screen - Promotional (Police Dept) 114 EA $35.00 $3,990.00 Drug Screen,- Random NonDot EVIDENTIAL BREATH 1.05 TEST 491 EA $15.00 $7,365.00 Drug Screen - Random Dot EVIDENTIAL BREATH 1.06 TEST 373 EA $15.00 $5,595.00 Drug Screen - Random INITIAL URINE TEST (5- 1.07 PANEL DOT) 105 EA $45.00 $4,725.00 Drug Screen Random URINE TEST (10-PANEL 1 .08 NON-DOT 85 EA $32.00 $2,720.00 ;, Page 1 of 3 i Item Description Qty Unit Unit Price Extended Price Drug Screen Random Police INITIAL URINE TEST (10-PANEL)Includes Tareted Anabolic Steroid 1.091 Profile 571 EA $150.00 $8,550.00 1.10 Drug Screen - RTW EVIDENTIAL BREATH TEST 43 EA $15.00 $645.00 Drug Screen - RTW INITIAL URINE TEST (NON= t 1.11 DOT) 45 EA $32.00 $1,440.00 1.12 Drug Screen - RTW Drug Screen 70 EA $32.00 $2,240.00 i 1 .13 Drug Screen - RTW Drug Screen Police Dept 50 EA $150.00 $7,500.00 Drug Screen - Reasonable Cause (1 Opanel 1.14 Non Dot) 44 EA $32.00 $1,408.00 Drug Screen - Reasonable Cause Non Dot 1 .15 BREATH ALCOHOL TEST 37 EA $15.00 $555.00 1.16 Drug Screen - Steroid Drug Screen (Police) 7 EA $128.00 $896.00 1.17 Drug Screen - Dot P;reassignment 783 EA $45.00 $35,235.00 1: 1.18 Recollection - Drug Screen 72 EA $15.00 $1,080.00 I -1.19 Hair Collection 1 EA $20.00 $20.00 1.20 Blood Alcohol Test 10 EA $35.00 $350.00 On-Call- On-Site (at City's requested location) blood alcohol and/,or drug specimen 1.21 collection outside of 8 a.m. through 5 p.m. 100 HR $150.00 $15,000.00 On-Site (at City's requested location) Collection Services,during regular work hours 8 !. 1.22 a.m. through 5 p.m. 10 HR $50.00 $500.00 Transferring and re-testing of split specimen to J. another S.A.M.S.A. - certified, C.A.P. - accredited laboratory, upon timely request to 1.23 MRO or City applicant or employee. 10 EA $250.00 $2,500.00 2.00 Physical -Annual/Periodic 57 EA $40.00 $2,280.00 2.01 Physical - Haz Mat '- Fire 46 EA $40.00 $1,840.00 2.021 Physical- Pre-employment 904 EA $40.00 $36,160.00 2.03 Physical- Pre-Placement 10 EA $40.00 $400.00 j ! 2.04 Physical - Promotional 44 EA $40.00 $1,760.00 2.05 Physical- RTW 413 EA $65.00 $26,845.00 2:06 Audiogram 777 EA $15.00 $11,655.00 2.07 Vision Titmus 101 EA $15.00 $1,515.00 2.08 DIP/TET (Tetanus) 227 EA $60.00 $13,620.00 2.09 Blood Lead 64 EA $46.00 $2,944.00 2.10 Blood Lead Zpp 1 EA $110.00 $110.00 Page 2 of 3 l L ' 7. 11 Y it l i } Item Description Qty Unit Unit Price Extended Price 2.11 Cardiac Risk Assessment 10 EA $155.00 $1,550.00 2.12 CBC 10 EA $16.00 $160.00 2.13 Chem 20 CHID 10 EA $57.00 $570.00 2.14 Chem 20 CHID, CBC, UA 49 EA $84.00 $4,116.00 2.15 Lipid Panel 35 EA $35.00 $1,225.00 2.16 Chest X-Ray 1-view, 6 EA $42.00 $252.00 2.17 Check X-Ray 2-view 66 EA $47.00 $3,102.00 2.18 Lumbar Spine 2 view 16 EA $50.00 $800.00 ;_: 2.19,X-ray Interpretation;without B-read 72 EA $20.00 $1,440.00 2.20 EKG 123 EA $42.00 $5,166.00 2.21 Glucose Fasting (in Center) 10 EA $15.00 $150.00 2.22 Grip Strength (Dynamometer) 16 EA $15.00 $240.00 2.23 Hep A Vaccine 10 EA $75.00 $750.00 2.24 Hep B Injections 10 EA $65.00 $650.00 2.25 Hepatitis B Titer 10 EA $36.00 $360.00 .2.26 HIV-1 EIA Screen 10 EA $40.00 $400.00 2.27 Occult Blood 10 EA $10.00 $100.00 2.28 Mileage for On-Site Services 782 MILE $0.60 $469.20 2.29 Prostatic Specific Antigen 10 EA $43.00 $430.00 2.30 Pulmonary Function Test 121 EA $17.00 $2,057.00 2:31 Rabies Series 10 EA $1,050.00 $10,500.00 2.32 Rabies Titer 10 EA $350.00 $3,500.00 2.33 Thyroid Stimulating Hormone (TSH) 10 EA $20.00 $200.00 2.34 TB Skin Test 57 EA $20.00 $1,140.00 2.35 U/A Dipstick 2 EA $11 .00 $22.00 2.36 PPD (Mantoux) 2 EA $20.00 $40.00 2.37 Medical Office Review (MRO) 42 EA $15.00 $630.00 Grand Total: * $266,706.20 i The grand total is based on estimated quantities required on an annual basis. The full contract term is 5 years, therefore the contract value is $1,333,531. f: Page 3 of 3 Attachment C: Insurance and Bond Requirements 1 . CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Director Human Resources, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value Including: of the policy) 1 . Medical Malpractice 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. Page 1 of 3 WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 2. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, Page 2 of 3 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2018 Insurance Requirements Purchasing Drug and Alcohol Testing and Occupational Medicine 03/27/2018 sw Risk Management Bonds: Section 5. (B) is null for this agreement. Page 3 of 3 Attachment D: Warranty Section 8. Warranty of this service agreement is null; warranty is not required. Page 1 of 1 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of August 14, 2018 NgHPO PP`E 1852 Action Item for the City Council Meeting of August 21, 2018 DATE: August 1, 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 Professional Services Contract Amendments Bond 2018 60% Pre-Design Street Projects CAPTION: Motion to authorize execution of Amendment No. 1 to professional services contracts for six (6) proposed Bond 2018— Proposition A-Street Projects. FIRM PROJECT AMENDMENT RESTATED AMOUNT FEE 1. HDR Engineering LEOPARD STREET $526,665 $576,600 Corpus Christi, Texas (Nueces Bay Blvd to Palm Dr) 2. Hanson Professional Svcs S. STAPLES STREET $1,154,128 $1,192,628 Corpus Christi, Texas (Kostoryz Rd to Baldwin) 3. CH2M Hill Engineers LIPES BLVD $312,300 $361,990 Corpus Christi, Texas (Yorktown to Sun Wood Dr) 4. Urban Engineering FRIO/DORADO/HACALA $262,000 $290,000 CORRIDOR Corpus Christi, Texas 5. LJA Engineering LAGUNA SHORES RD $702,125 $752,025 Corpus Christi, Texas (Caribbean to Hustlin' Hornet) 6. Urban Engineering SWANTNER DRIVE $422,075 $469,575 Corpus Christi, Texas (Texan Trail to Indiana) TOTAL $3,379,293 $3,642,818 Project No:various 1 MA&SWNP Legistar No.:18-0934 Rev.2—08/06/18 PURPOSE: These amendments complete the engineering predesign of six (6) Bond 2018 street projects to 60% by the November 2018 referendum,with 100%completion of design projected for early 2019. BACKGROUND AND FINDINGS: Designing projects in advance of the election allows construction to start for a few projects within a few months after the election. Predesign also allows project execution to be coordinated to better level resource requirements and cost efficiencies of City Staff, local engineering firms and the construction industry. City Council approved the predesign of nine (9) projects (three to 100% and six to 60%) as part of the Bond 2018 Implementation Plan approved by Resolution in August 2017. The three (3) 100% predesign contracts were awarded on June 12, 2018. Small professional services contracts were awarded administratively to begin preliminary design. The professional service contract amendments with this Item will complete predesign of the remaining six (6) projects to 60% prior to the November 2018 referendum; complete to 100% following the referendum; prepare construction and bid documents; and perform construction phase services. The Laguna Shores Road Project predesign scope also includes United States Corp of Engineers (USACE) permitting services for the impacted wetlands adjacent to the roadway. HDR Engineering, Hanson Professional Services, CH2M Hill Engineers, Urban Engineering and LJA Engineering were selected for these projects under RFQ 2018-01. Construction bidding and award is planned for all six (6) predesign projects by the end of calendar year 2019. ALTERNATIVES: 1. Authorize execution of the Amendments. (Recommended) 2. Do not authorize execution of the Amendments. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2017 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency Project No:various 2 MA&SWNP Legistar No.:18-0934 Rev.2—08/06/18 FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 5,000,000.00 5,000,000.00 Encumbered / 263,525.00 263,525.00 Expended Amount This item 3,379,292.64 3,379,292.64 Future Anticipated Expenditures This Project BALANCE 1 1,357,182.36 1,357,182.36 Fund(s): Street CIP Bond 2014 RECOMMENDATION: City staff recommends award of six (6) professional services contract amendments for the proposed Bond 2018 — Proposition A-Street Projects. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Contract Amendments (6) Project No:various 3 MA&SWNP Legistar No.:18-0934 Rev.2—08/06/18 181 F c°RR/OOR LEOPARD ST CORPUS C Nueces BaV Blvd to Palm Dr SCALE: N.T.S. � I PARD STAPLES ST a Kostoryz Rd to Baldwin Blvd z 44 eq p <Ok/H 286 ORGP ° SWANTNER DR 358 Q M 30 °° Texan Trail to Indiana Ave ? CORPUS CHRISTI BAY FRIO ST/ DORADO ST / HACALA ST CORRIDOR Greenwood Dr to Martin St s, �2 RO<F cO<</hqR `�iP TEXAS A&M UNIVERSITY A. y0<<Y CORPUS CHRISTI °� �Q 358A. ZZ Q� LIPES BLVD F o CABANIS Yorktown Blvd to Sun Wood Dr i OSO BAY CORP FIELD Q NAVAL Qv ° �v o FLOUR � 2 358 286 °S° 2�° L 4 K J� OAF U� _j �o °�02 2444 wti LAGUNA SHORES RD LOCATION MAP Caribbean Dr to Hustlin' Hornet Dr LAG NOT TO SCALE 44MAD LOCATION MAP CITY COUNCIL EXHIBIT Proposed Bond 2018 CITY OF CORPUS CHRISTI,TEXAS 60% 1 Pre-Designed Project DEPARTMENT OF ENGINEERING SERVICES 9 = _ Proposed 2018 B@ND W W W.CCTEXAS.COM Program Implementation 6 Pre-Designed Projects (60%) Council Presentation August 14, 2018 Implementation Plan BOND Approved by Council August 15, 2017w�� =oM ➢ Address Harbor Bridge Related Streets ✓ $4.1 Million ✓ By end of 2017 ➢ Prepare Preliminary Feasibility Reports ✓ Obtain more accurate scopes&project estimates ✓ $2 M for Three (3)Propositions ✓ Approximately 4-6 months to complete ➢ Obtain Stakeholder input ✓ Define&prioritize projects ✓ D v 1 ➢ Pre-design Projects - to Expedite Project Implementation ✓ Obtain funding$5M 0 3 to"shovel ready' 0 6 to approximately 60% ✓ RFQ for Architects/Engineers ✓ "Shovel Ready" Project selection by late summer 2017 ✓ Approximately 12 months for design(start no later than January 2018) Bond 2018 B@ND Proposed Pre-Election Design Projectsw�� s`°M ➢ Estimated Cost- $5 Million ➢ Nine Projects STREET FROM TO CONTRACT 1. Slough Rd Rodd Field Rd East Dead End Munoz 100% 2 Holly Rd Rodd Field Rd Paul Jones Ave LNV DESIGN 3. Everhart Rd SPID Holly Rd Freese&Nichols 1. Leopard St Nueces Bay Blvd Palm Dr HDR 2. S.Staples St Kostoryz Rd Baldwin Blvd Hanson 60% 3. Swantner Dr Texan Tr Indiana Ave Urban DESIGN 4. Frio/Dorado/Hacala Sts Greenwood Dr Martin St Urban 5. Laguna Shores Rd Caribbean Dr Hustlin' Hornet Dr UA 6. Lipes Blvd Yorktown Blvd Sun Wood Dr CH2M Hill ➢ RFQ issued for Pre-Design- January 2018 ➢ 60% Designs complete by November 2018 B@ND Questions? "Continuing to Build Our Future" CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 18027A Leopard St (Nueces Bay Blvd to Palm Dr) 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 HDR Engineering, a Nebraska corporation, 555 N. Carancahua Street, Suite 1600, Corpus Christi, Nueces County, Texas 78401 , (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL-----------------------------------------------------------------------3 ARTICLE III COMPENSATION----------------------------------------------------------------------------3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ----------------------------------------------------------------------5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES -----------------------------------------------------------------------7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Page 1 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18027A LEOPARD STREET FROM PALM TO NUECES BAY BOND 2018,PROP 1\AMENDMENT NO.1\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 coordinate with the City and the City's SUE consultant regarding utility coordination. 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\18027A LEOPARD STREET FROM PALM TO NUECES BAY BOND 2018,PROP 1\AMENDMENT NO.1\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 $526,664.50, for a restated total fee not to exceed $576,599.50. 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. 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. Page 3 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18027A LEOPARD STREET FROM PALM TO NUECES BAY BOND 2018,PROP 1\AMENDMENT NO.1\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 UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). Page 4 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18027A LEOPARD STREET FROM PALM TO NUECES BAY BOND 2018,PROP 1\AMENDMENT NO.1\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\18027A LEOPARD STREET FROM PALM TO NUECES BAY BOND 2018,PROP 1\AMENDMENT NO.1\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\18027A LEOPARD STREET FROM PALM TO NUECES BAY BOND 2018,PROP 1\AMENDMENT NO.1\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\18027A LEOPARD STREET FROM PALM TO NUECES BAY BOND 2018,PROP 1\AMENDMENT NO.1\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\18027A LEOPARD STREET FROM PALM TO NUECES BAY BOND 2018,PROP 1\AMENDMENT NO.1\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\18027A LEOPARD STREET FROM PALM TO NUECES BAY BOND 2018,PROP 1\AMENDMENT NO.1\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. 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 Page 10 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18027A LEOPARD STREET FROM PALM TO NUECES BAY BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC 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 anyway the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. .12 -1 -0_X::'-lg Jeff H. Edmonds, P. E. Date Arthur B. Colwell, P. E. Date Director of Engineering Services Vice President 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401 APPROVED AS TO LEGAL FORM (361) 887-8851 Office arthur.colwell@hdrinc.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev.18-4 KAENGINEERING DATAEXCHANGE\VELMAP\STREET\18027A LEOPARD STREET FROM PALM TO NUECES BAY BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC 18027A Leopard St (Nueces Bay Blvd to Palm DO Accounting Unit 3551-051 Account 550950 Activity 18095-A-3551-EXP Account Category 50950 Fund Name ST 2015 GO BOND 2014 Page 12 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18027A LEOPARD STREET FROM PALM TO NUECES BAY BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC Amendment 1 - EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS "LEOPARD STREET FROM NUECES BAY BOULEVARD TO PALM DRIVE" PROJECT NO. 18027A BOND ISSUE 2018 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Arch itect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PGwerDnint nr000nt;4+inn M.P. Gity format fpr Gity GG moil Meeting b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Coordinate scope of geotechnical testing requirements with the City PM. d) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Incorporate the City Geotechnical Consultant's pavement design into the development of preliminary street cross section recommendations. Prepare conceptual life-cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Request and review traffic counts from the City Street Department. EXHIBIT "A" Page 1 of 11 Revised November 26,2013 K:\PROPOSALS 209\2018\MCN10091500 GROUP A PRIME-COCC-Bond 2018 Transportation Proj\2.0 PROJECT MANAGEMENT AND ADMIN\2.1 Contracts\HDR Amendment 1\2018-07-27 Leopard Bond 2018 EXHIBIT A.docx P) Prepare an Engineering Letter Report (20 — 25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. DrevidapaRalysisGR PFGee+�aGtG +nr-cvwarrds "re-eRgnTeeFi g"" aRu affe is eR sest sayiRgS toward Gity eperatiORS, which this preaa aff 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and three (3) paper copies of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. S) Participate in project review meeting with City staff on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City review comments into the Final Engineering Letter Report (ELR). Provide one (1) electronic and one (1) hard copy using City Standards as applicable) suitable for reproduction. Subee6ern Thee and the Transpeertation l dyisery Committee (TAG). Prepare DnnierDnint presentation haRGIGi 46 and evhihito fe-r �mTeatjnry DrGViGIe fG!IG hn 1p^ p enGI respGRse to eemmeeto City staff will provide electronic copies of the following information (as applicable and requested): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department) EXHIBIT "A" Page 2 of 11 Revised November 26,2013 K:\PROPOSALS 209\2018\MCN10091500 GROUP A PRIME-COCC-Bond 2018 Transportation Proj\2.0 PROJECT MANAGEMENT AND ADMIN\2.1 Contracts\HDR Amendment 1\2018-07-27 Leopard Bond 2018 EXHIBIT A.docx e) Applicable Master Plans and GIS mapping are available on the City's website. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/y for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Coordinate scope of SUE ASCE QL B and/or QL A location with the City PM. b) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. C) d) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. e) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. f) Furnish one (1) electronic set of the interim plans (60% submittal) and three (3) hard copies using City Standards as applicable to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. g) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and proceed to the 90% submittal. h) Provide one (1) electronic set of the pre-final plans and bid documents (90% submittal) and three (3) hard copies using City Standards as applicable to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. i) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and EXHIBIT "A" Page 3 of 11 Revised November 26,2013 K:\PROPOSALS 209\2018\MCN10091500 GROUP A PRIME-COCC-Bond 2018 Transportation Proj\2.0 PROJECT MANAGEMENT AND ADMIN\2.1 Contracts\HDR Amendment 1\2018-07-27 Leopard Bond 2018 EXHIBIT A.docx specifications, and advise City of responding and non-responding participants as appropriate, and proceed to the 100% submittal. D Provide one (1) electronic set and three (3) hard copies of the final (100%) plans (unsealed and unstamped) using City Standards as applicable for City's final review. k) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 1) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. m) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit "A-2"for required form. n) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. d) Upon the A/E's request, the City will provide Televising of Utility Lines for all applicable storm water and wastewater utility lines that will be incorporated and/or replaced as identified by the A/E for the project. 3. Bid Phase. The A/E will: aP-pnare draft Al11 IthY179ti A_R to Advertise (ATA) b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any EXHIBIT "A" Page 4 of 11 Revised November 26,2013 K:\PROPOSALS 209\2018\MCN10091500 GROUP A PRIME-COCC-Bond 2018 Transportation Proj\2.0 PROJECT MANAGEMENT AND ADMIN\2.1 Contracts\HDR Amendment 1\2018-07-27 Leopard Bond 2018 EXHIBIT A.docx addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. GAG The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The following construction administration tasks will be performed on a time and material basis: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 EXHIBIT "A" Page 5of11 Revised November 26,2013 K:\PROPOSALS 209\2018\MCN10091500 GROUP A PRIME-COCC-Bond 2018 Transportation Proj\2.0 PROJECT MANAGEMENT AND ADMIN\2.1 Contracts\HDR Amendment 1\2018-07-27 Leopard Bond 2018 EXHIBIT A.docx or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: in the area b. T-x9 T- utility and eRVirnnmenfal permits, multiple mltiple use anreemenfc G. Weflands Delineafinn and Dermif e.NP--TGC Dermif/ARgE?Rdmenfc (iRGI Jinn CC(` NQ! NOT) , f Tevac (`nmmiccinn of F=Ry0Fenmenfal Quality (T-QF=Q) Permits/AmeRdMenfo n N ieees Gey Rty 9• h Texas Hosterieal Gemmissien (T-HG) i U.S.C Fish ani-1 %Nol Rife Ceniine /I ICC\A/Cl U.S. Army Qems of E=:RgineeFs /I ICAGE U I Rmterd States ERyoreRmental DrefeefieR AgeRGy (I ICEDA) I. Texas Department of Licensing and Regulation (TDLR ) m Tevac (=eneral I ani-1 (lffine (T-G o) m. R. Other ageRGy pFeieef speGifin permits 2. Right-of-Way (ROW) Acquisition Survey (Not Authorized). All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title EXHIBIT "A" Page 6 of 11 Revised November 26,2013 K:\PROPOSALS 209\2018\MCN10091500 GROUP A PRIME-COCC-Bond 2018 Transportation Proj\2.0 PROJECT MANAGEMENT AND ADMIN\2.1 Contracts\HDR Amendment 1\2018-07-27 Leopard Bond 2018 EXHIBIT A.docx Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. 3. Topographic Survey and ParGel DesGr4Akms ROW Verification All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include references tying Control Points to a minimum of two (2) registered Benchmark Monuments in the vicinity of the Project area that will not be disturbed by construction. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing waste water, storm water, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utility markings from the Texas 811 request. Surveying services, related to Level A subsurface engineering (SUE) shall be provided by the City's SUE Consultant. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter, and areas of significant landscape or shrubs, within the apparent ROW. k) Generate electronic planimetric base map for use in project design. Il get property eerners aR d prepare right of way strip parcel map rdepieting all ppaaFnels nosedfeFaGIGi 106 iGR. Metes and be RIGIs dE?GGriptinns must iRdiGate paFeRt et aFea.Tbased en the most aGGui Faate infermatien available. Str%p easements Within the parcels to he aGq iirerd aR d these within adjacent parcels Rq ist he shGWR m) fee beFpp�Fed in reselying heuR da Fy G�Tet�enQeen QwRers / E: shall I1 O % submittal. n) Obtain finished floor elevations of buildings along the roadway corridor. EXHIBIT "A" Page 7 of 11 Revised November 26,2013 K:\PROPOSALS 209\2018\MCN10091500 GROUP A PRIME-COCC-Bond 2018 Transportation Proj\2.0 PROJECT MANAGEMENT AND ADMIN\2.1 Contracts\HDR Amendment 1\2018-07-27 Leopard Bond 2018 EXHIBIT A.docx o) The survey should not stop at the property line, but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, loading docks/overhead doors, driveways, parking lots, etc. within 20' of the property line. 4. Environmental Issues (Not Authorized). Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare exhibits for public meetings. Assist in drafting responses to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. 6. Subsurface Utility Investigation (Not Authorized) a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro-excavation. The proposed subsurface utility investigation will be as follows: eveayater to perferm Quality Level A iRyestigatieR of u R dergreH Rd Utilities mSpeGified aFeas thr-rrreugh the PFGjeGt limit. (Quality Level A iRyelyes the i ice of RGRdestri iotiye doggi-1:1ng eq ment at oritioal points to determine the type, Gr`_eneRditien materiel and ether Ohara rictios ) Utilities Iecated at this quality level will he ohySiGall IGGated d toed to the tepegraphiG lUtilityLGGatie� Th aFVey GGePe li ? lGGatiR9,1 L+ertain utilities tee Quality Level B (Quality Level B iRyelyes s iFyey;Rg visible abode grey iRd utility faisilities, suGh as e valve posts, •f rr nee�latiiRg this iRfermatien With evicting Utility reGGFds ) These utilities Will be IGGated by obtaining a (lne_(`all NGtiGe and measuring the marled RS leeatvcccc've Tirrr. iii) Storm Water - Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater- Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. V) Water - Water facilities within the project limits will be located to Quality Level C. EXHIBIT "A" Page 8 of 11 Revised November 26,2013 K:\PROPOSALS 209\2018\MCN10091500 GROUP A PRIME-COCC-Bond 2018 Transportation Proj\2.0 PROJECT MANAGEMENT AND ADMIN\2.1 Contracts\HDR Amendment 1\2018-07-27 Leopard Bond 2018 EXHIBIT A.docx vi) Gas —Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction- related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activit August 6, 2018 NTP September 24, 2018 Draft ELR submittal October 15, 2018 City Review November 12, 2018 Final ELR submittal December 21, 2018 60% Design Submittal January 14, 2019 City Review February 8, 2019 90% Design Submittal March 1, 2019 City Review March 15, 2019 100% Final Submittal Unsigned/Unsealed March 29, 2019 City Review April 12, 2019 Final Signed & Sealed April 22, 2019 Advertise for Bids May 1, 2019 Pre-Bid Conference May 9, 2019 Receive Bids June 4, 2019 Contract Award July 1, 2019 Begin Construction September 4, 2020 Complete Construction EXHIBIT "A" Page 9of11 Revised November 26,2013 K:\PROPOSALS 209\2018\MCN10091500 GROUP A PRIME-COCC-Bond 2018 Transportation Proj\2.0 PROJECT MANAGEMENT AND ADMIN\2.1 Contracts\HDR Amendment 1\2018-07-27 Leopard Bond 2018 EXHIBIT A.docx III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: EXHIBIT "A" Page 10 of 11 Revised November 26,2013 K:\PROPOSALS 209\2018\MCN10091500 GROUP A PRIME-COCC-Bond 2018 Transportation Proj\2.0 PROJECT MANAGEMENT AND ADMIN\2.1 Contracts\HDR Amendment 1\2018-07-27 Leopard Bond 2018 EXHIBIT A.docx Summary of Fees Small A/E Amendment 1 — Total Large A/E Basic Services Fees 1. Preliminary Phase $7,909 $79,483.00 $87,392.00 2. Design Phase $327,770.00 $327,770.00 3. Bid Phase $13,463.00 $13,463.00 4. Construction Administration $48,123.00 $48,123.00 Phase (time & materials) Subtotal Basic Services Fees $7,909 $468,839.00 $476,748.00 Additional Services Fees (Allowance) 1. Permit Preparation* $6,564.00 $6,564.00 2. ROW Acquisition Survey $0.00 $0.00 3. Topographic Survey and ROW $42,026 $44,333.00 $86,359.00 Verification* 4. Environmental Issues TBD $0.00 5. Public Involvement* $4,111.00 $4,111.00 5.a. KCS TBD $0.00 6. Subsurface Utility Investigation $0.00 $0.00 7. Construction TBD $0.00 Observation Services 8. Warranty Phase $2,817.50 $2,817.50 Sub-Total Additional Services $42,026 $57,825.50 $99,851.50 Fees Authorized Total Authorized Fee $49,935 $526,664.50 $576,599.50 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT "A" Page 11 of 11 Revised November 26,2013 K:\PROPOSALS 209\2018\MCN10091500 GROUP A PRIME-COCC-Bond 2018 Transportation Proj\2.0 PROJECT MANAGEMENT AND ADMIN\2.1 Contracts\HDR Amendment 1\2018-07-27 Leopard Bond 2018 EXHIBIT A.docx Exhibit A-1 Task List HDR, Inc "LEOPARD STREET FROM NUECES BAY BOULEVARD TOPALM DRIVE" PROJECT NO. 18027A BOND ISSUE 2018 I. SCOPE OF SERVICES The following scope of services appends Exhibit "A" of the Leopard Street Bond 2018(18027A) contract. Any items of Exhibit "A" not intended to be appended by Exhibit "A- 1" are listed as "N/A". The Leopard Street Bond 2018 project limits are from Nueces Bay Boulevard to Palm Drive. The anticipated construction work consists of reconstruction of the roadway, replacement of City water lines, waste water lines, storm water, reconstruction of curb and gutter, reconstruction of sidewalks / driveways, and reconstruction of ADA accessible ramps. A. BASIC SERVICES 1. Preliminary Phase a) N/A b) N/A c) N/A d) N/A e) N/A f) N/A g) N/A h) N/A i) The drainage areas studied for the project are the current contributing areas along the centerline of Leopard St from Nueces Bay Boulevard to Palm Drive. j) N/A k) N/A 1) N/A m) N/A n) N/A o) N/A p) N/A q) N/A r) N/A s) One two hour meeting is assumed for the review meeting of the draft ELR. t) N/A u) N/A City staff will provide electronic copies of the following (as applicable and requested): a) N/A b) N/A c) N/A d) N/A e) The City will provide more extensive GIS utility mapping beyond what is available on the City's website whenever possible. Exhibit A-1 1 HDR Engineering,Inc. Leopard Street—Nueces Bay Blvd to Palm Dr Project No.18027A f) Schedule project review meetings and invite appropriate attendees. g) Authorization form from City Engineering allowing the A/E to act as a "representative" of the City when coordinating with agencies as stated in Basic Services I.A.1.P.5. 2. Design Phase a) N/A b) 1. Confirm POC's, send out formal Notification Letters communicating project timeline, timeline needs of utility relocations. 2. Create and maintain Utility Communication Log tracking correspondence with utility companies. 3. Preparation of Existing Utility Layout (includes proposed roadway, all proposed features, aerial background and preferred options with all utilities getting assigned a distinct linestyle for ease of visual identity (Includes ASCE QL-B and QL-A to be provided by SUE firm). 4. Coordinate and Conduct utility coordination meetings (incl meeting minutes) (Assume 2 joint in-person meetings MAX). 5. Identify Utilities with Compensable Rights-Coordinator will investigate prior right claims by utilities submitting such claims, Coordinator will request appropriate documentation from utilities to validate prior rights. 6. Identify utility conflicts with proposed improvements and constructability of improvements with labeling corresponding numerical ID. 7. Display all potential utility conflicts on Utility Layout. 8. Create and maintain Utility Conflict Matrix identifying each Conflict ID. 9. Prepare SUE work plan and coordinate with City PM to obtain additional horizontal and/ or depth information (ASCE QL-B/QL-A) from City SUE Consultant. 10. Calculate conflict confirmation/ clearance with pavement/drainage/all improvement design information Including all prop water, wastewater and storm sewer. 11. Provide Calculation Binder showing evidence of all information used to confirm/ clear EACH conflict. 12. Provide formal QC of Utility Layout, Conflict Matrix utilizing Calculation Binder. 13. Evaluate if any potential property interests exists for each utility conflict. 14. Upon confirmation of all conflicts, work with design team(s) and utility companies to obtain best solution to resolve each conflict - Design Modifications, or Protect in Place or Relocate facility. 15. Review all confirmed utility conflicts with each utility company and determine best mitigation of each. 16. Coordinate with each utility company to determine: design time, long-lead material time, moratorium periods, bidding/ award time, construction time and removal/ proper abandonment. 17. Provide technical support for interpretation of Utility: standards, timelines, material descriptions, labor quantities, symbols, terms/ slang, and prior rights validation. 18. Provide conceptual alignments for all required facilities needing relocation. 19. Prepare Proposed Utility layout. Exhibit A-1 2 HDR Engineering,Inc. Leopard Street—Nueces Bay Blvd to Palm Dr Project No.18027A 20. Assist utility companies in the relocation design by providing interim over-the- shoulder reviews on their relocation design plans (Assuming MAX of 2 utilities). 21. Review/ sign-off final relocation plan (Compatibility with road/drainage improvements, Compliance to Design Criteria Manual, Utility Accommodations Rules and/ or applicable Regulations, Constructability, Schedule/ sequencing for Installations, Cutovers and customer outages, removal/ abandonment of old facilities). 22. Provide a finalized utility layout, conflict matrix and evidence of conflict resolution. c) Provide assistance to identify testing and provide recommendations for handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d) A/E will coordinate with City Gas Department to show any proposed gas lines within the project limits in plan view only. Intermittent profile information for the gas line will be recommended to avoid conflict with proposed City utilities. Anticipated construction drawings are as follows: 1. General Sheets 2. Demolition Sheets 3. City Base Maps 4. Street and Storm Sewer Sheets 5. Water, Waste Water, and Gas Sheets 6. Storm Water Pollution Prevention Plan 7. Signing and Striping Sheets and IT conduit e) 1. One traffic control plan concept will be included in the project plan set. The effort for the traffic control plan is limited to providing enough detail to support a performance measure approach outlined and coordinated by the City. f) N/A g) N/A h) N/A i) N/A j) N/A k) N/A 1) N/A m) The schedule from design to completion of construction is planned for 24 months. The project engineer requires 1 hour for preparation and submittal of progress reports to the City for a total of 24 hours. These hours are independent of the additional staff hours required for supporting the project engineer. If through no fault of HDR the design and construction schedule extends past 24 months, it will require the Leopard Street project contract to be amended to accommodate the additional hours. n) N/A City staff will: a) N/A b) N/A c) N/A 3. Bid Phase a) N/A Exhibit A-1 3 HDR Engineering,Inc. Leopard Street—Nueces Bay Blvd to Palm Dr Project No.18027A b) N/A c) N/A d) N/A e) N/A f) N/A g) N/A City staff will: a) N/A b) N/A c) N/A d) N/A 4. Construction Administration Phase a) N/A b) HDR plans for the following hours to review and respond to contractor submittals and RFIs: project manager (8 hours), project engineer (18 hours), engineer-in- training (56 hours), and administrative assistant (4 hours). If contractor submittals and RFIs require HDR to exceed these planned hours, it will require the Leopard Street project contract to be amended to accommodate the additional hours. c) N/A d) N/A e) The construction schedule duration is estimated at 14 months. During this duration, HDR plans for the following hours: project manager (16 hours), project engineer (30 hours), engineer-in-training (90 hours), technician (30 hours), and administrative assistant (8 hours). If the construction schedule extends past 14 months causing HDR to exceed these planned hours, it will require an amendment to the contract for additional hours to accommodate the extended construction schedule. Any additional time spent on the project site at the request of City staff will require the Leopard Street project contract to be amended to accommodate the agreed upon additional hours. f) N/A g) N/A h) N/A i) N/A j) N/A City staff will: a) N/A b) N/A B. Additional Services This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Exhibit A-1 4 HDR Engineering,Inc. Leopard Street—Nueces Bay Blvd to Palm Dr Project No.18027A Engineering Services, perform the following services which append Exhibit "A" Additional Services of the contract: 1) Permit Preparation N/A 2) Right-of-Way (ROW) Acquisition Survey N/A 3) Topographic Survey and ROW Survey All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found or set monuments from the project area. a) Prepare field sketch based on City GIS and available record drawings. b) Provide traffic control with warning signs, truck-mounted strobe light, and appropriate PPE during field survey activities. c) Establish Horizontal and Vertical Control (i) Establish both primary and secondary horizontal/vertical control. (ii) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. (iii) Horizontal control will be based on NAD 83 State plane coordinates (South Zone); a combined scale factor will NOT be applied to the survey data (i.e. —survey data provided will be in grid). (iv) Vertical control will be based on NAVD 88. (v) All control work will be established using conventional (non-GPS) methods. d) Locate proposed soil/pavement core holes as drilled by the City of Corpus Christi Geotechnical Engineering Consultant. e) Prepare topographic map in CAD for all survey data obtained as detailed below. f) HDR is not responsible for inaccuracies of any City provided survey or any design issues arising from it. g) HDR will make reasonable attempts to utilize and merge any City provided survey with HDR's survey, but HDR is not responsible for any incompatibilities between the surveys which prevent them from being merged. 4Environmental Services— N/A. MDR will r Feyirde a Phaco 1 eRVirnnmeRtaI site assessment �C�rhre—ebjeGtive—ref the Phase 1 ESA is te ideRtify ReeegRizedCnvnrnmmen+nl Assessments: Phase 1 Cn\nrnmmental Site 4ccnccmnnt Drnnncc (A STM Stnnrdnrrdl Phase 1 GeFVinnc Will nnncict of the frlllGWiRg Phase a) MDR will utilizo�eearnh firm (EDR Inn ) fn pFeyirde a regulateFy database cnnrnh of the Site nerd s irrnunrdinn nrnnnrtinc that will innlurdn ASTM nrncnrihnrd federal, state, tribal, rd nelegal databases w0thin the A STM d nresGFibe seaFeh Exhibit A-1 5 HDR Engineering,Inc. Leopard Street—Nueces Bay Blvd to Palm Dr Project No.18027A losted OR the database that, OR the view ef aR HDR eRVOFeRMeRtal , ,mma,e nese an the Cite �� ,e database search Will rd �hc eVtenerd fn (`rnssfn�em (SH7861 to inenrnnrafe nfher nnfenfial issues that eni ilyd imnaet the nreieet area eR I eenarrd Street between N inane+ Bay E3!y d ane-I Palm til1Ve. b) HDR Will reVieW hlstnrlGa_Irirnfnrmatinn far the Site, asa��TGahle anrd available aweFdiRg n f�eteFmiRafieR of the HDR eRyireRwIeRtal pFefessieRal. Cnunane+ ef�hlste irT,Gal infnrmafinn may inelurde histerle aerial nhefenranhee, I ICr`_C 7.5 mini ife tenenranhle mark, l ifire incranee mark Ineal street ireefnriec nrnnerf, rd , ,e fav ti h filet 'dinn rdenarmenreenrrds reenrrderd ard de/ deerennrrdc rd , bmltt , d , an G) HDR will nerfnrm a site rennn�?alPlnn��nf fhTpFepeFty nrd ci irrni i ng Pan ? OR auGnn�ne With the guidaRGe epFGyiderd in the R.T-M stanrdarrd The rd�i site reeeRRaissanee will he eeneferd in ersler fte i`rdnntifie RE=:Gs lenate d nn the renerfins with the nt the siteThe, reennnalssanee ma,e also he augmented with a Site Reennnalssanee rennn naissanne �neill he evtenrderd fn (`rnssfn�nen /CI-I 7861 fn innnrnnrate ether rintentlal issues that ani ilyd impact the nrnieef area (Lennard- Ctreef hetWeen y>r�rnr�r.atn If nnnrditinnc warrant interVieWG With G irrni R ding pFepert y ewRerc the PN"'`Y' , determine an,e ardrditinnal infnrmatinn nn the hictnrinal land use of the nrnnerfy anrd si irrni IR ding nrnnerfies f) MeetiRgs Drnfeccinnal, 'dasefine'd in the ASTM standard) will he emmPleterd Twe eenferenee Galls will he eemnlefnrd with the Git,e of Germ is Ghristi to rn�nn,. the results of the assessment g)Delir ee�ahlees _ HDRwillpee a��draft anrd 1 final GGPY f the Phase I CnVirnnmenfal Cife /Assessment rennrt (lee rni IR d of nnncnlirdaterd erditc from all Teem+ Will ORG' vde finrdinns Gamines anrd nnnel Rennmmenrdatinnc fG fi wther antinnc mage he ineli irderd if the City of QeFp is Qhristi rens iesfs , ReeemmeRdatieRsalse be_p Feyiderd ui pya nn�enr Siena the ASTM �'Imo,v°�a "f" , h\ Ke,e I Inrderstanrdinns rr�rn��rracr�rurramg� i\ The Git,e of Ghristi is fe nreyi de a site man er E; Fyeee of the nrenerf,e Exhibit A-1 6 HDR Engineering,Inc. Leopard Street—Nueces Bay Blvd to Palm Dr Project No.18027A The City of (`erns is QhricfiT�tn PFGVmde GGRtanf infnrma4finn fnr Cifn GWRerc that Rmay he aware of hicfnriQalgni waste. management pFaGtiGes at the si bjeet PFOPeFty HDR assumes that file Feviews GaR be Gempleted eleGtFeRiGally. if HDR is cervi iirepd to reVieW eVte RGiVe pdnei invents nn a site at the appFe Rriate Cerderal nr state ageRGy, additieRal Gest may be ORGwFed. iii\ The City of Qergus Christiy.411 pFeyisle infnrmatieR regarrdiRg eRVirnnmental liens nn the Rrn Rerty V) NG iRvasive site weFk q iantitatiVe nhemiaal e�sis asbestes, lead based paint, enm Rn Re Rts of b iilydiRg materials, rdrann wetly Rrds arehaeelegieal nr e � i1 The ART—IA Ctanrdarrd ei irrently rens sires a real_estate assessment to hn evicts nr is likely d6le to an eRVirnRmental nnRrditinn HDR's RrnfessinRal cnr.�-vrrsv cvrrcrmvrr— N-rcrr seFViees rdn Rnt iRel irde this assessment, rd aRthis will he Reterd as an eveeptieR to the ASTM Sta Rrdarrd vii1 This tasL enders the Phase 1 CCA eRlie rd rd annes not inel ipde any se-1— related to ardrditie Ral iRvestigatieR of aRy pertieR of the Site and/er Phase II CCA servnens y The ACTIA C+anrdarrd rdefiRes the "RhAlf 1 ife" fe Phase as 180 Taye fnr the ry irpeses of GERG A (G perfi inrd) liability Rreteetie Rs fnr b niers aRpd PFGGPe h Give�s. If GI�ORg has RGt GG 6IFFed Within 180 rdaysaR—aR update f the Phase 1 CCA may he required ix) 5) Public Involvement. HDR assumes 2 public meetings at 2 hours each. 6) Subsurface Utility Investigation a) N/A 7) Construction Observation Services - Construction observation services are not included as part of the scope for this project. The A/E can provide a scope and fee for construction observation services if requested by the City. 8) Warranty Phase — N/A II. SCHEDULE— N/A III. FEES - N/A Exhibit A-1 7 HDR Engineering,Inc. Leopard Street—Nueces Bay Blvd to Palm Dr Project No.18027A 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 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 18041A S. Staples Street (Kostoryz Road to Baldwin Boulevard) 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 Delaware 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\18041A SOUTH STAPLES FROM KOSTORYZ TO BALDWIN BOND 2018,PROP 1\AMENDMENT NO.1\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\18041A SOUTH STAPLES FROM KOSTORYZ TO BALDWIN BOND 2018,PROP 1\AMENDMENT NO.1\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 $1,154,128.14, for a restated total fee not to exceed $1,192,628.14. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Gep'si 01tapt shall 5S.-A-Mot a Rate Cnhead- to 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\18041A SOUTH STAPLES FROM KOSTORYZ TO BALDWIN BOND 2018,PROP 1\AMENDMENT NO.1\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\18041A SOUTH STAPLES FROM KOSTORYZ TO BALDWIN BOND 2018,PROP 1\AMENDMENT NO.1\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 best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect 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\18041A SOUTH STAPLES FROM KOSTORYZ TO BALDWIN BOND 2018,PROP 1\AMENDMENT NO.1\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\18041A SOUTH STAPLES FROM KOSTORYZ TO BALDWIN BOND 2018,PROP 1\AMENDMENT NO.1\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\18041A SOUTH STAPLES FROM KOSTORYZ TO BALDWIN BOND 2018,PROP 1\AMENDMENT NO.1\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\18041A SOUTH STAPLES FROM KOSTORYZ TO BALDWIN BOND 2018,PROP 1\AMENDMENT NO.1\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\18041A SOUTH STAPLES FROM KOSTORYZ TO BALDWIN BOND 2018,PROP 1\AMENDMENT NO.1\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. 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 Page 10 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18041A SOUTH STAPLES FROM KOSTORYZ TO BALDWIN BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC 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 N PROFESSIONAL SERVICES, INC. CI - 2� July 26 2018 Jeff H. Edmonds, P. E. Date Omes Messmore, E. Date Director of Engineering Services /Senior Vice President 4501 Gollihar Road Corpus Christi, TX 78411 APPROVED AS TO LEGAL FORM (361) 814-9900 Office wrivera@hanson-inc.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18041A SOUTH STAPLES FROM KOSTORYZ TO BALDWIN BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC 18041A S. Staples Street (Kostorvz Road to Baldwin Boulevard) Accounting Unit 3551-051 Account 550950 Activity 18095-A-3551-EXP Account Category 50950 Fund Name ST 2015 GO BOND 2014 Page 12 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18041A SOUTH STAPLES FROM KOSTORYZ TO BALDWIN BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC Hanson Professional Services Inc, HANSON 4501 Gollihar Road Engineering I?lanning I Allied Services Corpus Christi,7X 76411 (361)614-9900 Fax:(361)814-4401 www.hanson-inc.com .lune 24, 2018 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 Re: Scope of Services S. Staples Street— Baldwin Blvd to Kostorya Rd City Project No. 18041A Dear Mr. Edmonds, Hanson Professional Services, Inc. Hanson (HPS) is pleased to provide our Engineering Services proposal for this project. Our staff participated in the City's RFQ No. 2018-01 Project Kickoff Meeting on June 5, 2018 and we understand the scope may include, but not be limited to the following activities: Basic Services: Preliminary Phase. The Arch itect/Engineer-A/E (also referred to as Consultant) will: a) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. b) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. c) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. e) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life-cycle cost analysis with recommended pavement sections using FHWA Life Cycle Cost Analysis of pavements software. f) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. g) Prepare preliminary opinions of probable construction costs for the recommended improvements. h) Develop drainage area boundary map for existing and proposed drainage areas served. EXHIBIT "A" Page 1 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 i) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. j) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocate to accommodate the proposed improvements. k) Coordinate with AEP, CPL and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. 1) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues;. upon request or concurrence of the Project Manager, meet and coordinate with agencies such as TxDOT, RTA, USPS, Corpus Christi Independent School District community groups and TDLR. m) Prepare an Engineering Letter Report (20— 25 page main-body text document with supporting appendices) that documents the analysis, approach, opinions of probable construction costs, and document the work with text, tables, schematic-level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as TxDOT, RTA, USPS, CCISD, community groups, TDLR. 5. Provide anticipated index of drawings and specifications. 6. The ELR will comply with Exhibit 13 — NEW Elements of a Design Memorandum (Revised December 2004) n) Submit one (1) copy in an approved electronic format, and three (3) paper copy of the Draft Engineering Letter Report. o) Participate in Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. EXHIBIT "A" Page 2 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 p) Assimilate all review comments of the Draft Engineering Letter Report and provide (1) Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. q) Assist City in presenting summary of ELR findings to City-appointed capital project oversight to applicable committees or meetings. Prepare PowerPoint presentation, handouts and exhibits for meeting. City staff will provide electronic copies of the following information (as applicable and upon request): a) Feasibility Report prepared for the Project. b) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). c) The preliminary budget, specifying the funds available for construction. d) A copy of existing studies and plans. (as available from City Engineering files). e) Applicable Master Plans and GIS mapping are available on the City's website. f) Current Traffic Counts and peak hour turning movement counts. General Requirements and Understanding of scope: 1. The project limits are from Baldwin Boulevard to Kostoryz Road. The limits of work at Baldwin will be on the Northern side of the Staples Street Intersection including the intersection. The limits at Kostoryz Road will be on the Northern side of the Staples Street Intersection Not including the intersection. 2. During the preliminary design phase, the City will provide the geotechnical report. HPS will provide a recommended scope of geotechnical needs and boring locations. 3. All necessary level A subsurface utility engineering (SUE) services will be provided by the City. HPS will provide the City a recommended scope of level A SUE•= services and pothole locations. The initial SUE work will be provided to HPS for development of the 60%Submittal. Supplemental SUE work may be required prior to the 100%submittal. 4. The City will provide all traffic counts and peak hour turning movements counts necessary for the project design. HPS will provide the City with recommendations for this scope of work. 5. The City will perform all public outreach including scheduling and coordinating the agenda and presentation material for all public meetings. The City will prepare and mail out notices for the meetings to the affected stakeholders. HPS will participate in two (2) public meetings and provide exhibits. The City will provide all public outreach and citizen/stakeholder coordination during the design and construction of the project. The City staff will: EXHIBIT "A" Page 3 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 1. Designate an individual to have responsibility, authority, and control for coordinating activities for the project. 2. Provide the budget for the Project specifying the funds available for the construction contract. 3. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 4. Provide electronic index and database of City's record drawing and record information. 5. Provide requested record drawings, record information in electronic format as available from City Engineering files. 6. Provide a copy of existing studies and plans. (as available from City Engineering files). 7. Provide field location of existing city utilities. (A/E to coordinate with City Operating Department) 8. Provide applicable Master Plans and GIS mapping are available on the City's website. 9. City Control survey bench marks and coordinates. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with City Plan Preparation Standards using English units on 11" x 17"plan sheets. 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standard sheets for barricades, traffic control plan, work zone pavement markings and signage (TCP to be Included under Additional Services). 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish three (3) sets of the interim plans (60% submittal—electronic and half- sized (11"x17") hard copies using City Standards as applicable)to the City staff EXHIBIT "A" Page 4 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 for review and approval purposes with preliminary opinion of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. Items to be provided with submittal: 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Completed Project Checklist. 3. Completed Drawings Review Checklist. 4. List of Specifications to be utilized on Project. f) Participate in Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Furnish three (3) sets of the interim plans (90%submittal—electronic and half- size (11"x17") hard copies using City Standards as applicable) to the City staff for review and approval purposes with preliminary opinion of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities, Items to be provided with submittal: 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Submit City's red-lined set of review comments from the 60%Submittal 3. City Completed Project Checklist. 4. Completed Drawings Review Checklist. h) Participate in Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed i) Provide three (3) sets of the final (100%) plans (unsealed and unstamped — electronic and hard copies using City Standards as applicable) for City's final review. Items to be provided with submittal: 1. Submit City's red-lined set of review comments from the 90%Submittal. 2. 100%Submittal of set of specifications and contract documents. 3. Opinion of Probable construction costs. 4. Project layout and hydraulic analysis sheet(s) EXHIBIT "A" Page 5 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and half-sized hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property ofthe City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required_ and within the scope of Consultant's duties under this contract if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. 1) Prepare and submit Monthly Status Reports to the Project Manager each month with action items developed from monthly progress and review meetings. m) Prepare and submit monthly status reports to the Project Manager with action items developed from monthly progress and review meetings. n) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). o) Anticipated Drawing Register for the Staples Street (Baldwin Boulevard to Kostoryz Road is as follows: 1 Title Sheet 2 General Notes 3 General Notes 4 General Notes, Testing Schedule, & Drawing Legend 5 Sheet Plan Index and Alignment 6 Sheet Plan Index and Alignment 7 Sheet Plan Index and Alignment 8 Sheet Plan Index and Alignment 9 Estimate of Quantities 10 Existing and Proposed Concrete Pavement Section 1 of 6 11 Existing and Proposed Concrete Pavement Section 2 of 6 12 Existing and Proposed Concrete Pavement Section 3 of 6 13 Existing and Proposed Concrete Pavement Section 4 of 6 EXHIBIT "A" Page 6 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 14 Existing and Proposed Concrete Pavement Section 5 of 6 15 Existing and Proposed Concrete Pavement Section 6 of 6 16 Existing Topographic Pian 1 of 12 17 Existing Topographic Plan 2 of 12 18 Existing Topographic Plan 3 of 12 19 Existing Topographic Plan 4 of 12 20 Existing Topographic Plan 5 of 12 21 Existing Topographic Plan 6 of 12 22 Existing Topographic Plan 7 of 12 23 Existing Topographic Plan 8 of 12 24 Existing Topographic Plan 9 of 12 25 Existing Topographic Plan 10 of 12 26 Existing Topographic Plan 11 of 12 27 Existing Topographic Plan 12 of 12 28 Storm Water Drainage Area 29 Proposed Storm Water Analysis 30 Demolition Plan 1 of 5 31 Demolition Plan 2 of 5 32 Demolition Plan 3 of 5 33 Demolition Plan 4 of 5 34 Demolition Plan 4 of 5 35 Traffic Control Plan-Construction Sequence of Work 1 of 4 36 Traffic Control Plan-Construction Sequence of Work 2 of 4 37 Traffic Control Plan-Construction Sequence of Work 3 of 4 38 Traffic Control Plan-Construction Sequence of Work 4 of 4 39 Txdot-Traffic Control Plan Long Term Closure 40 Traffic Control Plan General Notes 41 Advance Warning Plan 42 Advance Warning Plan 43 Existing Water System Basemap 44 Existing Water System Basemap 45 Existing Wastewater System Basemap 46 Existing Wastewater System Basemap 47 Existing Stormwater System Basemap 48 Existing Stormwater System Basemap 49 Existing Gasline System Basemap 50 Existing Gasline System Basemap 51 Pertinate Environmental Sitemap 52 Street and Storm Water Plan and Profile 1 of 12 53 Street and Storm Water Plan and Profile 2 of 12 54 Street and Storm Water Plan and Profile 3 of 12 55 Street and Storm Water Plan and Profile 4 of 12 EXHIBIT "A" Page 7 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 56 Street and Storm Water Plan and Profile 5 of 12 57 Street and Storm Water Plan and Profile 6 of 12 58 Street and Storm Water Plan and Profile 7 of 12 59 Street and Storm Water Plan and Profile 8 of 12 60 Street and Storm Water Plan and Profile 9 of 12 61 Street and Storm Water Plan and Profile 10 of 12 62 Street and Storm Water Plan and Profile 11 of 12 63 Street and Storm Water Plan and Profile 12 of 12 64 Storm Water Profile Right 1 of 3 65 Storm Water Profile Right 2 of 3 66 Storm Water Profile Right 3 of 3 67 Storm Water Laterals 1 of 7 68 Storm Water Laterals 2 of 7 69 Storm Water Laterals 3 of 7 70 Storm Water Laterals 4 of 7 71 Storm Water Laterals 5 of 7 72 Storm Water Laterals 6 of 7 73 Storm Water Laterals 7 of 7 74 Curb Ramp Plans and Intersections 1 of 10 75 Curb Ramp Plans and Intersections 2 of 10 76 Curb Ramp Plans and Intersections 3 of 10 77 Curb Ramp Plans and Intersections 4 of 10 78 Curb Ramp Plans and Intersections 5 of 10 79 Curb Ramp Plans and Intersections 6 of 10 80 Curb Ramp Plans and Intersections 7 of 10 81 Curb Ramp Plans and Intersections 8 of 10 82 Curb Ramp Plans and Intersections 9 of 10 83 Curb Ramp Plans and Intersections 10 of 10 84 RTA Sus Stop Pad Plans 85 RTA Bus Stop Pad Details 86 Miscellaneous Asphalt Pavement Details 87 Continuous Reinforced Concrete Section and Details 88 Continuous Reinforced Concrete Details 1 of 2 89 Continuous Reinforced Concrete Details 2 of 2 90 Storm Water Misc Details 1 of 2 91 Storm Water Misc Details 2 of 2 92 Water-Wastewater and Gas Plan and Profile 1 of 12 93 Water-Wastewater and Gas Plan and Profile 2 of 12 94 Water-Wastewater and Gas Plan and Profile 3 of 12 95 Water-Wastewater and Gas Plan and Profile 4 of 12 96 Water-Wastewater and Gas Plan and Profile 5 of 12 97 Water-Wastewater and Gas Plan and Profile 6 of 12 EXHIBIT "A" Page 8 of 18 i Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 98 Water-Wastewater and Gas Plan and Profile 7 of 12 99 Water-Wastewater and Gas Plan and Profile 8 of 12 100 Water-Wastewater and Gas Plan and Profile 9 of 12 101 Water-Wastewater and Gas Plan and Profile 10 of 12 102 Water-Wastewater and Gas Plan and Profile 11 of 12 103 Water-Wastewater and Gas Pian and Profile 12 of 12 104 Wateline Laterals 1 of 16 I 105 Wateline Laterals 2 of 16 106 Wateline Laterals 3 of 16 107 Wateline Laterals 4 of 16 108 Wateline Laterals 5 of 16 109 Wateline Laterals 6 of 16 110 Wateline Laterals 7 of 16 111 Wateline Laterals 8 of 16 112 Wateline Laterals 9 of 16 113 Wateline Laterals 10 of 16 114 Wateline Laterals 11 of 16 115 Wateline Laterals 12 of 16 116 Wateline Laterals 13 of 16 117 Wateline Laterals 14 of 16 118 Wateline Laterals 15 of 16 119 Wateline Laterals 16 of 16 120 Wastewater Details 1 of 2 121 Wastewater Details 2 of 2 122 Striping Plan 1 of 5 123 Striping Plan 2 of 5 124 Striping Plan 3 of 5 125 Striping Plan 4 of 5 126 Striping Pian 5of 5 127 Signage Plan 1 of 5 128 Signage Plan 2 of 5 129 Signage Plan 3 of 5 130 Signage Plan 4 of 5 131 Signage Plan 5 of 5 132 Storm Water Pollution Prevention Plan 1 of 5 133 Storm Water Pollution Prevention Plan 2 of 5 134 Storm Water Pollution Prevention Plan 3 of 5 135 Storm Water Pollution Prevention Plan 4 of 5 136 Storm Water Pollution Prevention Plan 5 of 5 137 Storm Water Pollution Prevention Plan Notes 1 of 2 138 Storm Water Pollution Prevention Plan Notes 2 of 2 139 Storm Water Pollution Prevention Plan Details EXHIBIT "A" Page 9 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 140 COCC - Concrete Pavement Standard Details 141 COCC - Pedestrian Curb Ramp Details 142 COCC - Pedestrian Curb Ramp Details 143 COCC - Pedestrian Curb Ramp Details 144 COCC - Pedestrian Curb Ramp Details 145 COCC - Driveways Standard Details 146 COCC- Driveways Standard Details 147 COCC- Driveways Standard Details 148 COCC- C&G, Sidewalk Standard Details 149 Crosswalk Pavement Marking Details 150 COCC-Water Standard Details 151 COCC - Water Standard Details 152 COCC - Water Standard Details 153 COCC - Water Standard Details 154 COCC - Water Standard Details 155 COCC - Wastewater Standard Details 156 COCC - Wastewater Standard Details 157 COCC - Wastewater Standard Details 158 COCC - Wastewater Standard Details 159 COCC - Storm Water Standard Details 160 COCC - Storm Water Standard Details 161 COCC - Storm Water Standard Details 162 COCC - Storm Water Pollution Prevention Plan 163 COCC - Storm Water Pollution Prevention Plan 164 COCC - Storm Water Pollution Prevention Plan 165 Barricade and Construction BC (1) - 14 166 Barricade and Construction BC (2) - 14 167 Barricade and Construction BC (3) - 14 168 Barricade and Construction BC (4) - 14 169 Barricade and Construction BC (5) - 14 170 Barricade and Construction BC (6) - 14 171 Barricade and Construction BC (7) - 14 172 Barricade and Construction BC (8) - 14 173 Barricade and Construction BC (9) - 14 174 Barricade and Construction BC (10) - 14 175 Barricade and Construction BC (11) - 14 176 Barricade and Construction BC (12) - 14 177 Traffic Control Plan TCP (2-1) - 12 178 Traffic Control Plan TCP (2-2) - 12 179 Traffic Control Plan TCP (2-3) - 12 180 Traffic Control Plan TCP (2-4) - 12 181 Work Zone Short Term WZ (STPM) - 13 EXHIBIT "A" Page 10 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 The City Staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. Construction Administration Phase. The A/E will perform construction administration activities on a time and materials basis to include the following: EXHIBIT "A" Page 11 of 18 Mr. Jeff Edmonds, R.E. Director of Engineering Services City of Corpus Christi June 24, 2018 a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular site visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. g) When requested by City, assist in addressing Request for Information (RFI)that may be submitted by the Contractor. h) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City Staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. Additional Services: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) NPDES Permit/Amendments (including SSC, NQI NOT) b) Texas Department of Licensing and Regulation (TDLR) EXHIBIT "A" Page 12 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 2. Right-of-Way Acquisition Survey. (TO BE AUTHORIZED) All work must comply with Category 1-A, Condition 1 specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. 3. Topographic Survey. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition 1 specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include references tying Control Points to a minimum of 2 Registered Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plan coordinates (South Zone), and the data will have no adjustment factor applied—i.e.—the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x y and z coordinates of all accessible existing wastewater, storm water, water, and gas lines as well as any other lines owned by third-parties and locate all EXHIBIT "A" Page 13 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 visible utilities,wells, and signs within the apparent ROW width along project limits. Survey shall include markings from the 811 request. Surveying services, related to level A subsurface utility engineering (SUE) shall be provided by the City's SUE consultant. i) Locate improvements within the apparent ROW. J) Locate and identify trees, at least five inches in diameter, and areas of significant landscape or shrubs within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Obtain finished floor elevations of buildings along the roadway corridor. m) The survey should not stop at the property line, but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches,foundations, loading docks/overhead doors, driveways, parking lots, etc. within 20' of the property line. 4. Environmental Issues. Prepare a Regulatory Screening Assessment for the area in close proximity to the proposed street section. Issue a letter report outlining the findings. Other environmental services are not included. 5. Public Involvement. Participate in two (2) public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare required exhibits for meetings. The City will schedule and coordinate the agenda and presentation material for the public meetings and prepare and mail out all notices for the meetings to the affected stakeholders. The City will schedule and coordinate the agenda and presentation material for the public meetings. The City will provide all public outreach and citizen/stakeholder coordination during the design and construction of the project including one-on-one stakeholder meetings. 6. Construction Observation Services. (NOT AUTHORIZED) To be Determined 7. Traffic Control. Provide traffic control design to allow for construction of all proposed improvements. Consultant shall provide for the design of advance warning signage, traffic control phases and associated details for the implementation of all planned traffic control measures. The Traffic Control Plan will include construction sequencing, typical cross section, construction phasing sheets, warning and barricades, as well as standard sheets for barricades, traffic control plan, work zone pavement markings and signage. 8. Signalization Improvements. Prepare signalization plans, specifications and estimate for the traffic signals and pedestrian signal improvements at: EXHIBIT "A" Page 14 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 1. Baldwin Boulevard at Staples Street, 2. Louisiana Boulevard at Staples Street. 3. Annapolis Drive/Texas Avenue at Staples Street. The existing signal poles and mast arms will remain at each intersection and will be integrated into proposed improvements. Signalization systems will be upgraded at each location. Develop design elements using City of Corpus Christi design criteria in TxDOT format and standards. Anticipated Drawing Register for Signalization improvement design is as follows: • Baldwin Signalization Plan + Baldwin Traffic Signal Summary • Louisiana Signalization Plan + Louisiana Traffic Signal Summary + Annapolis/Texas Signalization Plan + Annapolis/Texas Traffic Signal Summary • TxDOT Signalization Standard Details 9. Street Lighting : An assessment of the existing street lighting system as it compares to the draft lighting guidelines will be conducted. The findings will be incorporated into the ELR as a reference document. There are no design services included as part of the street lighting assessment. 10. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. EXHIBIT "All 73 Page 15 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 PROJECT SCHEDULE Date Activity June 2018 HPS Notice to Proceed August 2018 Draft ELR Submittal August 2018 City ELR Review October 2018 Final ELR Submittal November 2018 60% Design Submittal November 2018 City Review January 2019 90%Submittal January 2019 City Review February 2019 100%Submittal February 2019 City Review March 2019 Final Submittal April 2019 Advertise for Bids April 2019 Pre-Bid Conference May 2019 Receive Bids June 2019 Contract Award August 2019 Begin Construction August 2021 Complete Construction If HPS's services are delayed through no fault of HPS, HPS shall be entitled to adjust contract schedule consistent with the number of days of delay. EXHIBIT "A" Page 16 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 Hanson Professional Services Inc. proposes to perform the scope of services listed above for the lump-sure fee of$1,192,628.14, as shown in the table below: Basic Service Fees Original Amendment New Contract Contract One Amount 1. Preliminary Phase $20,000.00 $ 99,314.00 $119,314.00 2. Design Phase $679,801.50 $679,801.50 3. Bid Phase $ 17,756.00 $17,756.00 4. Construction Administration $1.00,000.00 $100,000.00 Phase (Time and Materials) Subtotal Basic Services Fees $20,000.00 $896,871.50 $916,871.50 Additional Services 1. ADA $3,904.00 $3,904.00 Permit Preparation (AUTHORIZED) 2. Right-of-Way Acquisition Survey. To be (TO BE AUTHORIZED) Determined 3. Topographic Survey $15,000.00 $42,000.00 $57,000.00 (AUTHORIZED) 4. Environmental Issues $6,672.00 $6,672.00 5. Public Meetings (AUTHORIZED) $12,498.00 $12,498.00 6. Construction Observation Services To Be (NOT AUTHORIZED) Determined 7. Traffic Control Plan (AUTHORIZED) $96,960.00 $96,960.00 8. Signalization Improvements $81,314.64 $81,314.64 (AUTHORIZED) 9. Street Lighting assessment $5,000.00 $5,000.00 (AUTHORIZED) 10. Warranty Phase (AUTHORIZED) $8,908.00 $8,908.00 11. Geotechnical Coordination $3,500.00 $3,500.00 Sub-Total Additional Services Fees $18,500.00 $257,256.64 $275,756.64 Total Authorized Fee $38,500.00 $1,154,128.1.4 $1,192,628.14 EXHIBIT "Al' Page 17 of 18 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi June 24, 2018 We look forward to working with your team on this project. Please feel free to contact meat 361- 814-9900 if you have any questions. Sincerely, Hanson Professi rvices Inc. 6�_w�Klx_ � Wilfredo Rivera, Jr., P.E. Assistant Vice-President 1:\18jobs\18L0009C\Admin\03-Proposal\Exhibit A-City Project 18041A(072318),docx EXHIBIT "A" Page 18 of 18 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME Payment Request Rev5edp7r27too Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amid No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O& M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 1 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees 1 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1 .3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 Contract for Professional Services 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5)calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services EXHIBIT D Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology.......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work ....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22—Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26—Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29—Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from Form 00 72 00 General Conditions- 1 Rev 18-2 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from Form 00 72 00 General Conditions-2 Rev 18-2 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from Form 00 72 00 General Conditions-3 Rev 18-2 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from Form 00 72 00 General Conditions-4 Rev 18-2 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies,agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner -The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from Form 00 72 00 General Conditions-5 Rev 18-2 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from Form 00 72 00 General Conditions-6 Rev 18-2 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work- Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from Form 00 72 00 General Conditions-7 Rev 18-2 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from Form 00 72 00 General Conditions-8 Rev 18-2 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from Form 00 72 00 General Conditions-9 Rev 18-2 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from Form 00 72 00 General Conditions- 10 Rev 18-2 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from Form 00 72 00 General Conditions- 11 Rev 18-2 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04,if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from Form 00 72 00 General Conditions- 12 Rev 18-2 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from Form 00 72 00 General Conditions- 13 Rev 18-2 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from Form 00 72 00 General Conditions- 14 Rev 18-2 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from Form 00 72 00 General Conditions- 15 Rev 18-2 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. S. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from Form 00 72 00 General Conditions- 16 Rev 18-2 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions- 17 Rev 18-2 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from Form 00 72 00 General Conditions- 18 Rev 18-2 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from Form 00 72 00 General Conditions- 19 Rev 18-2 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from Form 00 72 00 General Conditions-20 Rev 18-2 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from Form 00 72 00 General Conditions-21 Rev 18-2 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions-22 Rev 18-2 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 18029A Lipes Boulevard (Yorktown Boulevard to Staples Street) 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 CH2M Hill Engineers, Inc., a Delaware corporation, 555 N. Carancahua Street, Suite 310, Corpus Christi, Nueces County, Texas 78401 , (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL-----------------------------------------------------------------------3 ARTICLE III COMPENSATION----------------------------------------------------------------------------3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ----------------------------------------------------------------------5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES -----------------------------------------------------------------------7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Page 1 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18029A LIPES BLVD FROM YORKTOWN TO STAPLES BOND 2018,PROP 1\AMENDMENT NO.1\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\18029A LIPES BLVD FROM YORKTOWN TO STAPLES BOND 2018,PROP 1\AMENDMENT NO.1\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 $312,300, for a restated total fee not to exceed $361,990. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Gep'si 01tapt shall 5S.-A-Mot a Rate Cnhead- to 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\18029A LIPES BLVD FROM YORKTOWN TO STAPLES BOND 2018,PROP 1\AMENDMENT NO.1\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\18029A LIPES BLVD FROM YORKTOWN TO STAPLES BOND 2018,PROP 1\AMENDMENT NO.1\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 best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect 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\18029A LIPES BLVD FROM YORKTOWN TO STAPLES BOND 2018,PROP 1\AMENDMENT NO.1\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\18029A LIPES BLVD FROM YORKTOWN TO STAPLES BOND 2018,PROP 1\AMENDMENT NO.1\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 Page 7 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18029A LIPES BLVD FROM YORKTOWN TO STAPLES BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with Page 8 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18029A LIPES BLVD FROM YORKTOWN TO STAPLES BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 I n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 9 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18029A LIPES BLVD FROM YORKTOWN TO STAPLES BOND 2018,PROP 1\AMENDMENT NO.1\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\18029A LIPES BLVD FROM YORKTOWN TO STAPLES BOND 2018,PROP 1\AMENDMENT NO.1\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://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 CH2M HILL ENGINEERS, INC. �— 7-30-18 Jeff H. Edmonds, P. E. Date Glen McCabe, P. E. Date Director of Engineering Services Vice President 5985 Rodgerdale Road Houston, TX 77072 APPROVED AS TO LEGAL FORM (832) 351-7352 Office glen.mccabe@jacobs.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18029A LIPES BLVD FROM YORKTOWN TO STAPLES BOND 2018,PROP 1\AMENDMENT NO.12018-0430 CONTRACT PROFESSIONAL SERVICES.DOC 18029A Lipes Boulevard (Yorktown Boulevard to Staples Street) Accounting Unit 3551-051 Account 550950 Activity 18095-A-3551-EXP Account Category 50950 Fund Name ST 2015 GO Bond 2014 Page 12 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18029A LIPES BLVD FROM YORKTOWN TO STAPLES BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS LIPES BLVD FROM YORKTOWN BLVD TO SUN WOOD DR (BOND 2018) PROJECT NO. E18029A I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Arch itect/E ngi neer-A/E (also referred to as Consultant) will: a) Procure PGWe FPGiRt P FeSQAt;_;ti G_.A ire Gity fe Finat f9r Gity QG 1RGil MeetiRg b) Participate in Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section recommendations. Prepare conceptual life-cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program and provide data in the Engineering Letter Report. g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. D Conduct hydraulic analysis to quantify the capacity of the existing storm water system including analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, GDBG, USPS, affected school districts (CCISD FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) ReVieW Gita=-p,FGVided p elim�yT�{tee—iMP;_;Gt assess r+eRt aea--PFevide ron�mmorrl�4i�r fel: ipteg FatiGR aRGI/G_r ;dGiEtir_rR;1 Feq iiFe McRts as appFepriate. EXHIBIT"A" Page 1 of 11 P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to Sunwood\BUDGET\Large AE\2018 07 25 Lipes Bvd-EXHIBIT A.docx P) Prepare an Engineering Letter Report(20—25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. Provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and three (3) paper copies of the Draft Engineering Letter Report. The ELR will comply with Exhibit 13 — New Elements of a Design Memorandum (Revised December 2004). r) Submit analysis results and calculations used to analyze drainage. S) Participate in Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. Ci ihnnmmi teQ ,vaucvmn-rraper,the iT-Fanr&_;tG_rn T4cr,lry,orr, c)Fy + (TAG). PF eparc D�eni G_iRt�eseeteter haRGIGhS—and e4hih-i4 sFGF meetpn. PFE) nrle fel!GW ir a RGI Fe GPGRco tG GA-M r ARtS City staff will provide electronic copies of the following information (as applicable and upon request): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Fi Inn�t�rrv�e�TrrtRn "c�--v c�yalt+es. (Aa�E tenn�w mate with Gity QpeFatiRg nor Tf EXHIBIT"A" Page 2 of 11 P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to Sunwood\BUDGET\Large AE\2018 07 25 Lipes Bvd-EXHIBIT A.docx e) Applicable Master Plans and GIS mapping are available on the City's website. f) Gity C`GRtFGI ci 1FYe i BeRIGh marks ;-;Ad- rueerrfipatoc g) Copy of Geotechnical Testing Report. h)P-elimiRaFy Traffin irnpar--t Qrv-servs�epr i) Traffic Counts. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/v for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and that must be relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Develop drainage area boundary map for existing and proposed drainage areas served. Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity (if applicable). Submit analysis, results and calculations used to analyze drainage. d) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. e) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. f) Furnish three (3) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, Project Checklist, & Drawing Checklist", which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Completed project Checklist. 3. Completed Drawings Review Checklist. 4. List of Specifications to be utilized on Project. 5. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. EXHIBIT"A" Page 3 of 11 P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to Sunwood\BUDGET\Large AE\2018 07 25 Lipes Bvd-EXHIBIT A.docx g) Participate in Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. h) Provide three (3) set of the pre-final plans and bid documents (90% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist, responses to 60% comments, contract documents and plan checklist. i) Participate in Project 90% review meeting. Prepare and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. D Provide three (3) set of the final (100%) plans (unsealed and unstamped - electronic and half-size hard copy using City Standards as applicable) for City's final review. k) Participate in Project 100% review meeting. Prepare and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate. Begin bid plans and specifications upon Notice to Proceed. 1) Provide one (1) set of the bid plans and contract documents (electronic and half-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. m) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. n) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. o) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. EXHIBIT"A" Page 4 of 11 P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to Sunwood\BUDGET\Large AE\2018 07 25 Lipes Bvd-EXHIBIT A.docx C) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) PI epa �f rizG7ly;tGrnyrtc ce t+sQ (°�T b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. a\ PFepaFe A@epd;; 54omerappla ;;Pd PGWe FPGiRt ProCO N4aR41G-N OR Gity format fir Qity `J' (''ni innil Moo4inn The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration activities on a time and material basis to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits (bi-weekly) 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. EXHIBIT"A" Page 5 of 11 P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to Sunwood\BUDGET\Large AE\2018 07 25 Lipes Bvd-EXHIBIT A.docx 1. The presence or duties of Engineer's personnel at a construction site, whether as onsite representatives or otherwise, do not make Engineer or Engineer's personnel in any way responsible for those duties that belong to Owner and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. 2. Engineer and Engineer's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and are not contractually obligated under this Agreement to inspect a city construction contractor, its subcontractors, or the personnel of any or either of them, for health and safety concerns. 3. The presence of Engineer's personnel at a construction site is for the Engineer to provide the Owner with review and input regarding whether the completed construction work will conform generally to the construction documents and whether the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). Engineer neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform work in accordance with the construction documents. f) Provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. D When requested by City, assist in addressing Request for Information (RFI) that may be submitted by the Contractor. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. C) Provide Consultant the construction "red-line" drawings. EXHIBIT"A" Page 6 of 11 P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to Sunwood\BUDGET\Large AE\2018 07 25 Lipes Bvd-EXHIBIT A.docx B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a Union Danifin Railread Misse,iri Railread er an i ether roilread eperatinn in 0 t+h�a T-xDQT i itility aR d eRVireRmeRtaI permits mi iltiple i ice agFeemeptc A /t/ \ r� et1;;Pdc nLQ1ieer� er� tierlylD,term it T p. a perar„ DiS`I;arge Permit A NPDRRLQr t/nMtQA eRtG .I I IIr ccr nlnl nl/lT\ f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments. Consultant will prepare NOI for signature by City's responsible party. a f�li lanes (`ni inti h Tev;; 01; � cc Werinl r-Amm 06606 R (TI-19) n. i I I C Cich ;;Ad \/ 0IdIife Cer line /I ICC\/\/C\ i U.S.C Army (;eros of Cnnineerc (USAG-E4 k. I INltei-f Ctetec F=A,x0rLgP mLQAt;; 1 I 1 DretentiGR AneRGY / CCDA\ I. Texas Department of Licensing and Regulation (TDLR ) � Teves (`_enerol I enr! (lffine /T(`_I (l\ r Other ageRGY Preient GpeGAG Permit& n. , GGit ISpeGifin T f the Teves Cnnieti of Drnfeccinnel Ci ioieyGF6' MARL Alof nrl , �eierkm,iSt nemehi With ;II TvT-_DQrens iirements as appliGAble a) per 5_;-_I6 to deteFMiRe appaFeRt Fight-ef way widths. hb) ReseanGh plats ROW maps, deed ee t er r! FVe y fuer farina nerr�erc case{�el�is-cTrnrstl,vc�,vr-rc„cc-vvn�c�.r, mens imeotcenrJ iron oinc Viithin the eviction R(1\/\/ enrf analyze to ectehlich e)RFev+de a ffeliMiRaFy base map GGRtAi­r e-pt ROW, e hinh V.4011 he bed by andereee6ed ROW This er�mioery hese map mi i n ni In r erne i line crPrcrPv ROW Thr a a�-n ra vw�v rPFE)P y�Trrc I�ri-! enirerchiraRGI addFessec as per -pp,-,--. rlictri nt reneri-!c 3. Topographic Survey. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include references tying Control Points to a minimum of 2 registered Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. a) Establish Horizontal and Vertical Control. EXHIBIT"A" Page 7 of 11 P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to Sunwood\BUDGET\Large AE\2018 07 25 Lipes Bvd-EXHIBIT A.docx b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied - i.e. -the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the Engineer's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing wastewater, storm water, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utility markings from the Texas 811 request. Surveying services, related to level A subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE and shall be subcontracted directly by the City. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter, and areas of significant landscape or shrubs within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Obtain finished floor elevations of buildings along the roadway corridor. m) The survey should not stop at the property line, but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, loading docks/overhead doors, driveways, parking lots, etc. within 20' of the property line. 4 R!'11IA/ Ann��ici4i�n 2nd Darnel 11Aana SyStern ��btain DYeliMiRary Title Reperts from a Innal title GempaRy anrd prrvrniirde Genies of cnrrrrcnm�y-�TcrcTccPvrcv--nvm-a-rvcarcrcrc v--vr the title FePA-.rtl-; tA_ tht-9 2-ity. PFeliMiRary Title Repert shall ideRtify title GWReFship and an i title enGi imhra nGes to ell right of way to he angi rarer! agreed ''pen si lbsegi lent to F-='-.R anneptanGe far ROW parnels i itility easements and temperery Genstri iGtien ease.MftQ s reperty Gerners anrd prepare right of way strip parnel map rlepiGting all fr� et�,.,TIvF�cn�`�vrTTc�TzaTTmPr�Pcirc����gqgric-vrwu�acrr}�-P.,a,.r�,cc��rra}rcrcpTccmg-��rr parcels pa-prepesed fnfer�vr-avg610640GR. Mt-Q a nrf hn1Inr✓S dc6Gr�tirr rvt `�cricafe pareRttract-;_4 F ea1s; h_;_4ISd- A-A 4_9 nGIs Gt4_9 inf49Fma�n ;;Ag ilahle Strip man \A/Ill e;ni tire par t traGts at ��net to alae anrd far infermatien only. All evicting vo-iTr vv. 2l�arc-par2l�r-crzcaiaz-cr-r�vr-c�rv6 easements Within the parnels to he angHirerd anrd these ;Aiithin adjaGent parr•els fees may be regFiFediR FcSGl„ing bG HnrdaFy GGRAG-tS h_etweeR Ters4�Fshall si ibmit parnel craps anrd legal rtes Grlptlens prier to the 4:!104 si ihmittal EXHIBIT"A" Page 8 of 11 P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to Sunwood\BUDGET\Large AE\2018 07 25 Lipes Bvd-EXHIBIT A.docx 5. Environmental Issues. (TO BE DETERMINED) 6. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Engineering Letter Report, and one public meeting shall be held prior to start of project construction. Prepare exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City (may require a contract amendment if revisions required after the project construction meeting). Prepare notices, handouts and exhibits for public information meetings. 7 C-U-bsurfane Utility Investin4ion a a-)Rr le-s� GHFfaGe 6+t+l+t n aGGGFGlaAno \^30th ARr-C C'4An1 Ard 1t/ SGE cr39 02, St /]"rd r9'II0,•1ellpe—fer the r-_6;T-Q--1GR "rr-crRd cep;ctOG —Gf EXOGtiRg h rf�ne u�lrraw--vrility�e'� II1` inn, hlat not Irrirnrirted to, 7 co ryrnnnQe,•d 6111'-11 IrfA-ne l utility, in\cectin;atinn \^,ill ho ac fnlln\n,r y�, 1=X liG.R Th 661�yGGGno i ^,GY�- wTth-cr61-lu61--dace IRI S 4e neYfemq Q ality Level ^ ORVestig.941eR e4 11RGleFgFG61RGl I I+III+IeC 1Re�med-arec��tnllnh the nrnieGmi4 ((l6lali4\, I o\,ol 4 in\,nl\,oc the I Ice e4 ryer\,-lec4r.In4i\,e ,-11Aer•y4 X34 nri4inal PGOR4c 4e rle4errriRta the h eri�er\431 ;3r\rl \,e Y4iGal necitier\ of I1RGlergrel R d I14ilities as well as the typo Sim nnnrlitinn 0 114material and other nh�ronte rictinc \ ilitioc �A 19-Gerl 7t this 96iality, level will be nhySinally IGGaterl apd tion to the tepeg aphis SHFVey, sentrel.The 6401}t�ill be �elev-at+eA \^,Ilhtalned to the Wilityy LGvatiGR The E;61F ,_ ey SGnGne nnllrflzrGGe�`•'vcatlT�cel-taiR HCI"1"ft�e.Tt� Q 4ity, Level Q (Q y, Level eyel Qvisible above gFG Iryr1 utility faGilit♦eS, 66IGhras i"'rr� �'�r?vre6,valve boxes, PGGtS, et6., ;-;Pd-- G-9-4eletp'g thiS "'fTrrvrrrmrr'crtf6rnrv"cFt l 4_9406tiRg-61t�tyy'-re6vnrfIS)—These -Itilltmes \^,ill�rvTrrbc-ivvute4 by eht.'3iRiRg r, &Ata Gall Wetine ;3r\!d meas FORg the Marked Ier'atieps; ii Stec ate St99F.M. � f�aS;;Tt+estheP}G,,e,Gt Ii��^,i111-aQl,�Uea to ^ y Leve' r L8^e nc \^,ill ho hosed ` . the slryrveye� In,+��nC of vcr rra�r�u err �vccr T-r�-vr ne��ihle storm \nroter m;;nhnlec enGI r-Irainano inlotc 0V) WaSteay.4atea- WaStewate�- f�c'icriTtie8; V.AithiR the PYeieet-limitsVAII�rv�rr19c-ivcuUeP] to Q6iality Leve' r �8+e nc \^,ill ho heSed nn the s6iryrveyed In+� nC Af va rrv�r.�cr err �vGcc n a 6oeS8+131�`�aste�Watei es. Waste�vatel Iii;es that �l�e to Ke�IaG r, paFt of nrei t ;-;Pd- h,�4 4_311 r Nt of ,crc zrs�r— s�r�vTesr-cmcrtrn�r-�rvvr ,r t�l-;rrr-cr rneryc4rl In4ier\ relate,•d exr-,ayatie.p shall ho Ien�3terl t Q y,ialitI e\,e1 4 )Water Water y^,ithin the nrnient limits \^,ill ho Inraterl to Q6iality, Level Q. \,ice 'as GAS 44G,0140495; 4G,i1 4iec \^,ithiA the PYeient limits Will he leneted to Q y, Level eyel G by the AE.The Gity, ny of Gerpu$ GhrTrvto Gas DepaFtMeRt Will nmy,ide n1yLevel4The 4�E ye,ill ,+nnrrline ,,,i+, 8. Construction Observation Services. (TO BE DETERMINED) 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance EXHIBIT"A" Page 9 of 11 P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to Sunwood\BUDGET\Large AE\2018 07 25 Lipes BA-EXHIBIT A.docx guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Anticipated schedule to be adjusted based on actual NTP and review dates. Date Activity Wednesday, August 1, 2018 NTP Friday, August 31, 2018 Draft ELR submittal Friday, September 21, 2018 City Review Monday, October 1, 2018 Final ELR submittal Friday, November 16, 2018 60% Design Submittal Meeting Friday, December 7, 2018 Cit 60% Review Friday, February 8, 2019 90% Design Submittal Friday, March 1, 2019 City Review Friday, March 22, 2019 100% Final Submittal Friday, April 12, 2019 City 100% Review Friday, May 10, 2019 Bid Set Submittal Monday, May 20, 2019 Advertise for Bids Wednesday, May 29, 2019 Pre-Bid Conference Wednesday, June 5, 2019 Receive Bids Tuesday, August 13, 2019 Contract Award September 2019 Begin Construction October 2020 Complete Construction August 2020 warranty Phase Report EXHIBIT"A" Page 10 of 11 P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to Sunwood\BUDGET\Large AE\2018 07 25 Lipes Bvd-EXHIBIT A.docx III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: Summary of Fees: PROJECT NAME: LI PES BLVD FROM YORKTOWN BLVD TO SUN WOOD DR. (BOND 2018) A. BASIC SERVICES Small A/E Large A/E Total 1 PRELIMINARY PHASE $42,690 $ 24,700 $ 67,390 2 DESIGN PHASE $ - $ 193,965 $193,965 3 BID PHASE $ - $ 17,490 $ 17,490 4 CONSTRUCTION ADMINISTRATION PHASE $ - $ 40,360 $ 40,360 SUBTOTAL OF BASIC SERVICES $42,690 $ 276,515 $319,205 ADDITIONAL SERVICES 1 PERMIT PREPARATION* $ - $ 2,810 $ 2,810 2 ROW IDENTIFICATION SURVEY $ - $ - $ - 3 TOPOGRAPHIC SURVEY* $ 7,000 $ 18,460 $ 25,460 4 ROW ACQUISITION& PARCEL MAPS (TBD) $ - $ - $ - 5 ENVIRONMENTAL ISSUES (TBD) $ - $ - $ - 6 PUBLIC INVOLVEMENT* $ - $ 6,970 $ 6,970 CONSTRUCTION OBSERVATION SERVICES 8 (TBD) $ - $ - $ - WARRANTY PHASE (AUTHORIZATION 91 REQUIRED) $ - $ 7,545 $ 7,545 SUBTOTAL OF ADDITIONAL SERVICES $ 7,000 $ 35,785 $ 42,785 TOTAL FEE $49,690 $ 312,300 $361,990 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 11 of 11 P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to Sunwood\BUDGET\Large AE\2018 07 25 Lipes Bvd-EXHIBIT A.docx EXHIBIT "A-1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS LIPES BLVD FROM YORKTOWN BLVD TO SUN WOOD DR (BOND 2018) PROJECT NO. E18029A I. SCOPE OF SERVICES Project Limits Project limits include Lipes Blvd between the north right-of-way of Yorktown Blvd. (excludes the Yorktown Blvd right-of-way) and the south right-of-way of Sun Wood Dr (excludes Sun Wood Dr right-of-way). The main portion of the project is approximately 2,900 linear feet in length. Surface improvements include reconstruction of collector (C-1) roadway consisting of one travel lane in each direction. Utility improvements include rehabilitation or replacement of new water and wastewater system lines and appurtenances. The existing storm sewer system is to remain. Curb inlets and manholes will also be replaced. A. BASIC SERVICES 1. Preliminary Phase a) Presentations and Meetings (I) PFepaFe (`GRG il4;R4 GG-.RtF;-RG+ ari rr! Dr,.eFPGiRt PFe6E9r1+.9+i A-.R OR Gity fqF mat fGF (2) Participate in Project review meeting with City Staff and receive City comments on the Draft Engineering Letter Report (ELR) b) Deliverables (1) Draft Engineering Letter Report to include (a) Basis of Engineering Design (b) Analysis of Existing City Traffic Count Information/Recommendation for Additional Needs (i) City to provide traffic data needed to assess capacity improvements (c) Pavement Section Recommendations (d) Life Cycle Cost Estimate Using FHWA Real Cost Program (e) Right-of-Way Requirements (f) Preliminary Layout and Alignment P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to EXHIBIT"A-1" Sunwood\BUDGET\Large AE\2018 07 25 Lipes Blvd EXHIBIT A-1.docx Page 1 of 8 (g) Existing/Proposed Utilities — Coordination with operating departments and private utilities (i) Coordinate with AEP and City Traffic Engineering for street lighting and traffic signalization power requirements. (h) Identify requirements of governmental authorities having jurisdiction to approve design of the Project (i) Coordination with Agencies (RTA, GD9G, USPS, CCISD, TDLR, TCEQ, community groups) (j) Drainage Areas and Preliminary Hydraulic Analysis (k) Conformance to Master Plans (1) Identification of needed additional services (m)Identification of needed permits and environmental consideration (n) Recommended Public Outreach and Community Stakeholder Requirements (o) Identification of Quality/Quantity of Materials of Construction (p) Construction Sequencing (q) Site Photos (r) Anticipated Index of Drawings and Specifications (s) Preliminary Opinion of Probable Construction Costs (t) Copy of Geotechnical Testing Report (i) City contracting directly with Geotechnical Consultant (2) Final Engineering Letter Report to incorporate review comments from City review meeting 2. Design Phase a) Coordinate with City Operating Departments, Private Utilities, and Agencies b) Participate in Review Meetings (60% Submittal and Review, 90% Review and 100% Review). Prepare meeting agenda and meeting minutes. c) Deliverables (1) 60% Submittal (a) Plans —Anticipated sheets include the following P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to EXHIBIT"A-1" Sunwood\BUDGET\Large AE\2018 07 25 Lipes Blvd EXHIBIT A-1.docx Page 2 of 8 (i) Cover Sheet (1 Sheet) (ii) General Notes and Abbreviations (1 Sheet) (iii) Estimated Quantities (1 Sheet) (iv) Overall Layout/Project Control/Utility Layouts (2 Sheets) (v) Testing Schedule (1 Sheet) (vi) Demolition Plans (4 Sheets) (vii) Existing Typical Sections (1 Sheet) (viii) Proposed Typical Sections (1 Sheet) (ix) Plan and Profile —Streeter (7 Sheets) (x) Overall Drainage Area Map (1 Sheet) (xi) Storm Drain Analysis (2 Sheets) (xii) Miscellaneous Details (2 Sheets) (xiii) City Standard Details (5 Sheets) (xiv) Curb Ramp Details (5 Sheets) (xv) Curb Ramp Layouts (5 Sheets) (xvi) Plan and Profile —Water and Wastewater (7 Sheets) (xvii) City Standard Details (10 Sheets) (xviii) Permanent Pavement Marking Plans (3 Sheets) (xix) TxDOT Standard Drawings (12 Sheets) (xx) Construction Phasing Layout and General Notes (1 Sheet) (xxi) Traffic Control (4 Sheets) (xxii) TxDOT Standard Drawings (14 Sheets) (xxiii) SWP3 Notes (1 Sheet) (xxiv) SWP3 BMPs (1 Sheet) (xxv) SWP3 Plan Sheets (4 Sheets) (b) Plan Executive Summary, Project Checklist, Drawing Checklist (c) Engineer's Opinion of Probable Construction Cost (OPCC) P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to EXHIBIT"A-1" Sunwood\BUDGET\Large AE\2018 07 25 Lipes Blvd EXHIBIT A-1.docx Page 3 of 8 (d) Summary Output from Hydraulic and Hydrologic Analyses (2) 90% Submittal (a) Plans (b) Bid Documents (c) Engineer's Opinion of Probable Construction Cost (OPCC) (3) 100% Submittal (a) Plans (b) Bid Documents (c) Engineer's Opinion of Probable Construction Cost (OPCC) (4) Bid Set Submittal (a) Plans (b) Bid Documents (c) Engineer's Opinion of Probable Construction Cost (OPCC) d) Quality Assurance/Quality Control e) Monthly Status Reports 3. Bid Phase a) Pre-Bid (I) Prepare draft Authnrizatinn 4n 4dutertico (ATA) (2) Attend pre-bid conference (3) Review pre-bid questions and prepare addenda b) Bid Tabulation and Recommendation (1) Attend bid opening (2) Analyze and evaluate bids, prepare bid tabulation, and make recommendation concerning award of the contract. (3) Prepare GGRtrron4nr hid! ay.gard DnV.4eFPGiRt nro6on4A4inn in 4. Construction Administration Phase a) Pre-Construction P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to EXHIBIT"A-1" Sunwood\BUDGET\Large AE\2018 07 25 Lipes Blvd EXHIBIT A-1.docx Page 4 of 8 (1) Provide a recommended agenda for, and attend pre-construction meeting (2) Review contractor submittals for conformance to contract documents (3) Review, evaluate and recommend for City consideration a Contractor Value Engineering proposal. b) Construction (1) Review and interpret field and laboratory tests (2) Provide interpretations and clarifications of the contract documents for contractor and authorized changes that do not affect contractor's price and are not contrary to the general interest of the City (3) Make regular visits (2 hours bi-weekly for 52 weeks) to project site to confer with City project inspector. c) Post-Construction (1) Attend final inspection with City staff (2) Provide punch list items to City's construction engineers (3) Provide Certificate of Completion (4) Prepare Project record drawings in AutoCAD dwg and PDF format. P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to EXHIBIT"A-1" Sunwood\BUDGET\Large AE\2018 07 25 Lipes Blvd EXHIBIT A-1.docx Page 5 of 8 B. ADDITIONAL SERVICES (ALLOWANCE) 1. Permit Preparation a) TCEQ Permit (1) Prepare Notice of Intent for City submittal (a) City to pay Application Fee b) TDLR (1) Register project with TDLR and pay registration fee (2) Provide copy of contract documents to TDLR and pay plan review fee (3) Prepare request for inspection on behalf of City (a) City to coordinate and pay for RAS inspector directly z. Right Of Way (ROW) IdentifiGation Ssup.;A_y a) Perfnr plat map, deed and oacomont rJnni imont rocoarnh of & h-diyicinnc adjaGeRt to the Lopes Read right_nf_way b) Prepare- rr ciRg sketE����nrd i utG_rrA-f tht:GG_FArerI�vcat�rnr�--I`�'vTa��-Pr C) Qese'er'-aArmi-eas''Te e-xiStiRg hniv yebiQeRGe, i.e., feRGe GGGFRer$, '�'�'�rGAI'rMARts; and iron PORS ci 1ffinieRt to r-lo4ormino Oho InnA4inn of Oho 9v06tiRg right_nf_way. d) Prepare a ffeliMiRaFy base map GGRtaiRiRg the appaFeRt Fight ef way, GhGWORg the Int IiReS nvninorship and Sitte ;arldlroccoc per appraisal dostrint ronnrd; 3. Topographic Survey a) Survey (1) Establish primary horizontal and vertical control for the basis of survey and secondary control outside the limits of project construction disturbance. (2) Control will be based on NAD 83 State Plane Coordinates (South Zone), and the data will have no adjustment factor applied (i.e. -the coordinate data will remain in grid). Vertical control will be based on NAVD 88 and will be established using conventional (non-GPS) methods. (3) Above-ground improvements within the apparent ROW will be located. (4) Detailed surface feature surveys within the project limits and extending 50 feet beyond the right-of-way of Lipes Boulevard on all cross streets will be surveyed. P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to EXHIBIT"A-1" Sunwood\BUDGET\Large AE\2018 07 25 Lipes Blvd EXHIBIT A-1.docx Page 6 of 8 (5) Survey data will include Northing, Easting, and Elevation values at all existing ramps, sidewalks, and above ground appurtenances, such as curb and gutter, power poles, electric junction boxes, utility valves, manholes, fences, fire hydrants, curb inlets, signs, trees, concrete riprap, etc. which may affect the design and proposed construction. Surveys to include signs, fences, and other planimetric features at and near the vicinity of the ROW line. (6) Driveway and approach walk elevations will be surveyed beyond the right-of- way line in non-fenced areas a minimum of 25 feet inside the property. (7) Soil/pavement core holes drilled by the Engineer's Geotechnical Engineering Consultant will be located. (8) Surveys to include signs, fences, and other planimetric features at and near the vicinity of the ROW line. (9) Points shall be adjusted as needed to reflect the center and diameter of utility poles, sign poles, etc. (10) Square and rectangular features shall be located at each corner. (11) Point descriptions shall be adequate to identify the item being located. (12) Obstacles shall be tied in with as many points as needed to determine precise placement. (13) Invert depths of storm drain inlets, storm water manholes, wastewater manholes and top elevations of water valves. (14) Survey data will include breaks in grade, driveway edges and centerline elevations, edge of asphalt, flowline of curb, top of curb, edges of existing walk, ground at right of way, ground elevations 25 feet inside the adjacent property at approximately 50 foot intervals. b) Drawing Preparation (1) An AutoCad drawing with processed line work, symbology, annotations of surface utility evidence, and all other surface features that are surveyed . (2) A digital terrain model will be prepared that includes contour data at an interval of one-foot. (3) An electronic planimetric base map will be generated for use in project design. 4. ROW Acquisition and Parcel Maps (TBD) 5. Environmental Issues (TBD) 6. Public Involvement a) Attend one public meeting after submittal of the Engineering Letter Report. P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to EXHIBIT"A-1" Sunwood\BUDGET\Large AE\2018 07 25 Lipes Blvd EXHIBIT A-1.docx Page 7 of 8 (1) Prepare notices exhibits. (2) Provide follow-up and response to citizen comments. (3) Revise contract drawings to address citizen comments, as directed by the City. b) Attend one public meeting prior to start of project construction (1) Prepare notices exhibits. (2) Provide follow-up and response to citizen comments. (3) Revisions to the contract drawings to address citizen comments, as directed by the City's preference (not design errors), will be addressed through a contract amendment. 7. Construction Observation Services (TBD) 8. Warranty Phase (AUTHORIZATION REQUIRED) a) Conduct inspection of project toward the end of one-year period after acceptance of the project. b) Document defects of project and prepare report for City staff. (1) Submit report no later than 60 days prior to end of maintenance guaranty period. P:\BD-Temporary\CityofCorpusChristi\Lipes Yorktown to EXHIBIT"A-1" Sunwood\BUDGET\Large AE\2018 07 25 Lipes Blvd EXHIBIT A-1.docx Page 8 of 8 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME Payment Request Rev5edp7r27too Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amid No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O& M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 1 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees 1 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: 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 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 18019A Frio St Hacala St Dorado St Corridor (Greenwood Dr to Martin St) 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, a Texas corporation, 2725 Swantner, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES -----------------------------------------------------------------------7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Page 1 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18019A FRIO DORADO HACALA BOND 2018,PROP 1\AMENDMENT NO.1\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\18019A FRIO DORADO HACALA BOND 2018,PROP 1\AMENDMENT NO.1\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 $262,000, for a restated total fee not to exceed $290,000. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Gep'si 01tapt shall 5S.-A-Mot a Rate Cnhead- to 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\18019A FRIO DORADO HACALA BOND 2018,PROP 1\AMENDMENT NO.1\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\18019A FRIO DORADO HACALA BOND 2018,PROP 1\AMENDMENT NO.1\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 familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Page 5 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18019A FRIO DORADO HACALA BOND 2018,PROP 1\AMENDMENT NO.1\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\18019A FRIO DORADO HACALA BOND 2018,PROP 1\AMENDMENT NO.1\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\18019A FRIO DORADO HACALA BOND 2018,PROP 1\AMENDMENT NO.1\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\18019A FRIO DORADO HACALA BOND 2018,PROP 1\AMENDMENT NO.1\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\18019A FRIO DORADO HACALA BOND 2018,PROP 1\AMENDMENT NO.1\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. 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 Page 10 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18019A FRIO DORADO HACALA BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.comfgovernmenVcity-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 Severabilitv. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the 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 UReBE NG/7 I Jeff H. Edmonds, P. E. Date Eugen C. Urban, Jr., Date Director of Engineering Services Principal Authorized presentative 2725 Swantner Corpus Christi, TX 78404 APPROVED AS TO LEGAL FORM (361) 854-3101 Office curban@urbaneng.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev.18-4 KAENGINEERING DATAEXCHANGESVELMAPGTREET518019A FRIO DORADO HACALA BOND 2018,PROP 15AMENDMENT NO.152018-0430 CONTRACT PROFESSIONAL SERVICES.DOC 18019A Frio St Hacala St Dorado St Corridor (Greenwood Dr to Martin SO Accounting Unit 3551-051 Account 550950 Activity 18095-A-3551-EXP Account Category 50950 Fund Name ST 2015 GO BOND 2014 Page 12 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18019A FRIO DORADO HACALA BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC Job No. 4916.138.00 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS FRIO, HACALA, AND DORADO STREETS (GREENWOOD TO MARTIN) PROJECT NO. 18019A BOND ISSUE 2018 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. SCOPE: Frio, Hacala, and Dorado Streets (Greenwood to Martin) — This project will consist of Engineering and Design of the Frio, Hacala, and Dorado Streets Project in the City of Corpus Christi (Bond 2018 Proposition A). The project will encompass reconstruction and rehabilitation of a residential collector street with underground utility and drainage work. Additionally, topographic and drainage review services will identify existing drainage conditions including critical elevations on surrounding street network and underground storm systems. The project will update existing infrastructure and improve drainage conditions. 1. Preliminary Phase The Arch itect/Engineer-A/E (also referred to as Consultant) will: t.., min,,teas to Ott^nr-1 y^,^.,c �nii4hin fiveyVe-I king days of 4h^ meeting },,., the b) Assist OR ppreparattGrnrr ra-SGnvpe-e �n e* f49F kinin iRvestgattc)R by the Qit y's GentenhninaI (`nnc„Itant G) Request available FepeFts,Fes^rd dFaWiRgS, utility maps apd- Qt#er inf�at+en pFevided by the Qty Pertaining to the nrnient ares GI) DeV P ^reIiRg,,,,RaFy Fe961iFeMegts fsr et+l+tyFe 1 G G t0Gn8 FeplaseMepfis A Ig,aGles. with the—Qity'sPFGjeGt MaRageF and eperat+Rg rte Partmentc Potential nrnient needs e) DeVel9p ipFeliMiRaFy stFeetr4mss sest+e;-resA-Mmepdat+ens g) Prepare preliminary opinions of probable construction costs for the recommended improvements. seed i) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis l ofinlet capacity. y^ , j) IdeNtify electF+Crala I n^mml lNl+]RVT�Gftility GGpaRi�s and Fivatc�7^I�ITT /+nmpaRec that may have evicting f;anilitiec ;—;Pd- m„ct reIA-Gated7 to annnmmnrlate the nrnnncer-1 imnrniementc k) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. to appFe ie n of the PFGjent innl„rling Permitting eRVirnnmentaI hictnrinel —crpFTvc� �r,�r r,vrcG r-,-, �cnr,-rccmc�, cnvrrvrrn-rcn ccn�-rracrnTvur censt �t+e and geetyesh� s661eS; 61PGR Req Hest GFse„�re+��ef the PFGjeG+ AaRageF, meet "Pd nggrdipetea vVth-AgeRlGiIBG 66Inhas DTA QD9G I SPS .off hggl rli t ! ! ICP FBISD ) ngrvmr 61Rity grglrP �,�eeted se�GTst�s� , eats. s, T-B eta EXHIBIT"A" Pagel of 10 SAProjects\00000UP\04916\B800 Frio\Admin\Contract\REV.7.27.18-PER CITY COMMENTS 7.8.18 EXHIBIT A.docx Job No. 4916.138.00 m) Identify and recommend public outreach and community stakeholder requirements. n) Request and review traffic counts from the City Street Department. o) Prepare an Engineering Letter Report (20 — 25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF) Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. Provide anticipated index of drawings and specifications. 7. Provide a summary table of anticipated ROW parcels. 8. Provide data from Federal Highway Administration (FHWA) Life Cycle Cost Analysis of Pavements software and recommended pavement option. P) Submit one (1) copy in an approved electronic format, and three (3) paper copy of the Draft Engineering Letter Report. q) Participate in project review meeting with City staff on the Draft Engineering Letter Report as scheduled by the City Project Manager. r) Assimilate all City review comments into the Final Engineering Letter Report (ELR). Provide one (1) electronic and one (1) hard copy using City Standards as applicable and suitable for reproduction. S) Assist City in presenting summary of ELR findings to City-appointed capital project oversight committee responsible for reviewing preliminary project design. Assist in preparing PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide electronic copies of the following information (as applicable and requested): a) City's record drawing and record information of existing infrastructure as are available from City files. b) Provide the preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department) EXHIBIT"A" Page 2 of 10 SAProjects\00000UP\04916\B800 Frio\Admin\Contract\REV.7.27.18-PER CITY COMMENTS 7.8.18 EXHIBIT A.docx Job No. 4916.138.00 e) Applicable Master Plans and GIS mapping available on the City's website. Provide City standard specification standard detail sheets, standard and special provisions and forms for required bid documents. Project Assumptions: 1. All necessary geotechnical services and pavement design options will be provided by the City. During the preliminary design phase, the City will provide the geotechnical report. 2. Any necessary subsurface utility engineering (SUE) services will be determined by Urban Engineering during the preliminary design phase and include recommended scope of SUE services and pothole locations. Fees for necessary SUE services will be determined based upon scope and a negotiated additional service as required. 3. The City will provide Televising of Utility Lines for all applicable storm water and wastewater utility lines that will be incorporated and/or replaced as part of the project. Urban Engineering will provided the City with a recommended scope of utility lines that should be televised. 4. The City will provided all traffic counts and peak hour turning movement counts necessary for the project design. 5. The City will perform all public outreach including scheduling and coordinating the agenda and presentation material for all public meetings. The City will prepare and mail out notices for the meeting to the affected stakeholders. Urban Engineering will participate in two (2) public meetings and provide exhibits. The City will provide all public outreach and citizen/ stakeholder coordination during the design and construction of the project including one-on-one stakeholder meetings. 6. Detailed street lighting design including lighting distribution and photometric analysis of Frio Street, Hacala Drive, and Dorado Street are not included in this scope of work. Urban Engineering will assist the City in developing recommendations for the street lighting to be consistent with the future City Street Lighting Policy that has not yet been adopted. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". EXHIBIT"A" Page 3 of 10 SAProjects\00000UP\04916\B800 Frio\Admin\Contract\REV.7.27.18-PER CITY COMMENTS 7.8.18 EXHIBIT A.docx Job No. 4916.138.00 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Provide three hard copies (3) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide three hard copies (3) set of the pre-final plans and bid documents (90% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. i) Provide three hard copies (3) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards. EXHIBIT"A" Page 4 of 10 S:\Projects\OOOOOUP\04916\B800 Frio\Admin\Contract\REV.7.27.18-PER CITY COMMENTS 7.8.18 EXHIBIT A.docx Job No. 4916.138.00 1) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 3. Bid Phase The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacting the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. EXHIBIT"A" Page 5 of 10 SAProjects\00000UP\04916\B800 Frio\Admin\Contract\REV.7.27.18-PER CITY COMMENTS 7.8.18 EXHIBIT A.docx Job No. 4916.138.00 f) PFepaFe chaRge—erdeFs as autherizedbythe G+ty�—Provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. NPDES Permit/Amendments (including SSC, NOI NOT) b. Texas Department of Licensing and Regulation (TDLR) 2. Right-of-Way (ROW) Acquisition Survey (NOT AUTHORIZED) All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. EXHIBIT"A" Page 6 of 10 SAProjects\00000UP\04916\B800 Frio\Admin\Contract\REV.7.27.18-PER CITY COMMENTS 7.8.18 EXHIBIT A.docx Job No. 4916.138.00 C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. e) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. f) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 3. Topographic Survey All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include references tying Control Points to a minimum of 2 registered Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing wastewater, storm water, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utility marking from the Texas 811 request. Surveying services, related to Level A subsurface engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. D Locate diameter, and areas of significant landscape or shrubs, within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Obtain finished floor elevations of building along the roadway corridor. EXHIBIT"A" Page 7 of 10 S:\Projects\OOOOOUP\04916\B800 Frio\Admin\Contract\REV.7.27.18-PER CITY COMMENTS 7.8.18 EXHIBIT A.docx Job No. 4916.138.00 m) The survey should not stop at the property line, but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, loading docks/overhead door, driveways, parking lots, etc. within 20' of the property line. 4. Environmental Issues (NOT AUTHORIZED) Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Assist in preparation of notices, PowerPoint presentations, handouts and exhibits for meetings. Assist in drafting response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. 6. Subsurface Utility Investigation (NOT AUTHORIZED) a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater —Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. EXHIBIT"A" Page 8 of 10 SAProjects\00000UP\04916\B800 Frio\Admin\Contract\REV.7.27.18-PER CITY COMMENTS 7.8.18 EXHIBIT A.docx Job No. 4916.138.00 b) Inform local franchises whose utilities fall within the footprint of construction- related excavation of the potential for encountering their utility lines during construction. 7. Warranty Phase Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. II. SCHEDULE Date Activity August 1, 2018 NTP August 13, 2018 Draft ELR submittal August 3, 2018 City Review October 1, 2018 Final ELR submittal November 12, 2018 60% Design Submittal December 3, 2018 60% City Review Comments December 28, 2019 90% Design Submittal January 18, 2019 90% City Review Comments February 1, 2019 100% Design Pre-Final Submittal February 15, 2019 100% City Review Comments February 22, 2019 100% Final Sealed Submittal TBD Advertise for Bids TBD Pre-Bid Conference TBD Receive Bids TBD Contract Award TBD Begin Construction TBD Complete Construction III. FEES A. Fee for Basic Services The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services For services authorized by the Director of Engineering Services under Section I. B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: EXHIBIT"A" Page 9 of 10 SAProjects\00000UP\04916\B800 Frio\Admin\Contract\REV.7.27.18-PER CITY COMMENTS 7.8.18 EXHIBIT A.docx Job No. 4916.138.00 Summary of Fees Basic Services Fees Original Contract Amendment #1 Total 1. Small A/E $28,000 $28,000 2. Preliminary Phase $45,820 $45,820 3. Design Phase $117,430 $117,430 4. Bid Phase $7,890 $7,890 5. Construction Administration Phase $27,860 $27,860 Subtotal Basic Services Fees $28,000 $199,000 $227,000 Additional Services Fees Original Contract Amendment #1 Total (Allowance) 1. Permit Preparation* NPDES $6,500 $6,500 TDLR $4,500 $4,500 2. Right Of Way (ROW) Acquisition Survey To Be Determined To Be Determined 3. Topographic Survey ani' oar^o' no6^r;ntiGR6* $35,000 $35,000 4. Environmental Issues To Be Determined To Be Determined 5. Public Involvement* $12,000 $12,000 6. Subsurface Utility Investigation To be Determined To be Determined 7. Warranty Phase* $5,000 $5,000 Sub-Total Additional Services Fees Authorized $63,000 $63,000 Total Authorized Fee $28,000 $262,000 $290,000.00 • Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. **Basic services fee structure is based upon the City provided Feasibility Report for the Frio Street corridor and its Opinion of Probable Construction Cost (OPCC) and the scope of work defined by it. If after further study additional hydraulic analysis is needed to verify the viability of the Feasibility Report findings the effort will be considered additional services. In addition, if redesign of the street profile is required due to findings from hydraulic analysis the necessary design services shall be renegotiated at that time. EXHIBIT"A" Page 10 of 10 S:\Projects\OOOOOUP\04916\B800 Frio\Admin\Contract\REV.7.27.18-PER CITY COMMENTS 7.8.18 EXHIBIT A.docx 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 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 18024A Laguna Shores Rd (Hustlin' Hornet Dr to Caribbean Dr) 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 Ija Engineering, Inc., a Texas corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401 , (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE 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\18024A LAGUNA SHORES FROM HUSTLIN HORNET TO CARIBBEAN BOND 2018,PROP 1\AMENDMENT NO.1\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\18024A LAGUNA SHORES FROM HUSTLIN HORNET TO CARIBBEAN BOND 2018,PROP 1\AMENDMENT NO.1\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 $702,125, for a restated total fee not to exceed $752,025. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Gep'si 01tapt shall 5S.-A-Mot a Rate C`nhea--Flo 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\18024A LAGUNA SHORES FROM HUSTLIN HORNET TO CARIBBEAN BOND 2018,PROP 1\AMENDMENT NO.1\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\18024A LAGUNA SHORES FROM HUSTLIN HORNET TO CARIBBEAN BOND 2018,PROP 1\AMENDMENT NO.1\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 familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Page 5 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18024A LAGUNA SHORES FROM HUSTLIN HORNET TO CARIBBEAN BOND 2018,PROP 1\AMENDMENT NO.1\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\18024A LAGUNA SHORES FROM HUSTLIN HORNET TO CARIBBEAN BOND 2018,PROP 1\AMENDMENT NO.1\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\18024A LAGUNA SHORES FROM HUSTLIN HORNET TO CARIBBEAN BOND 2018,PROP 1\AMENDMENT NO.1\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\18024A LAGUNA SHORES FROM HUSTLIN HORNET TO CARIBBEAN BOND 2018,PROP 1\AMENDMENT NO.1\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\18024A LAGUNA SHORES FROM HUSTLIN HORNET TO CARIBBEAN BOND 2018,PROP 1\AMENDMENT NO.1\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\18024A LAGUNA SHORES FROM HUSTLIN HORNET TO CARIBBEAN BOND 2018,PROP 1\AMENDMENT NO.1\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://www.cctexas.com/govemment/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270,Government Code,Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County,Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of anyArticle, sentence, clause or parts of this Agreement, in any one or more instance,shall not affect or prejudice in anyway the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein,is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI UA ENGINEERING 7/3 111g Jeff H.Edmonds, P. E. Date eff , P. E., Date Director of Engineering Services Vice President 820 Buffalo Street Corpus Christi,TX 78401 APPROVED AS TO LEGAL FORM (361)887-8851 Office jcoym@lja.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev.18.4 KAENGINEERING OATAEXOHANGE%VELMAP%STREE7118024A LAGUNA SHORES FROM HUSTLIN HORNET TO CARIBBEAN BOND 2018,PROP IWAENOMENT NO.1%2D184)430 CONTRACT PROFESSIONAL SERVICES.DOC Laguna Shores Rd (Hustlin' Hornet Dr to Caribbean Dr) (Project No. 18024A) Accounting Unit 3551-051 Account 550950 Activity 18095-A-3551-EXP Account Category 50950 Fund Name ST 2015 GO BOND 2014 Page 12 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18024A LAGUNA SHORES FROM HUSTLIN HORNET TO CARIBBEAN BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS SCOPE OF SERVICES, FEES AND SCHEDULES LAGUNA SHORES RD. (CARIBBEAN DR. TO HUSTLIN' HORNET DR.) PROJECT NO. 18024A The Laguna Shores Road Project includes Preliminary, Design, Bid and Construction Phase Services, with associated Additional Services to support the project, for elevating, widening, paving, shore protection, pavement markings and roadway signage of Laguna Shores Road from Caribbean to Hustlin' Hornet. The project also includes associated drainage and utility improvements needed to accommodate the new raised and widened roadway. The construction budget for this project is$2,032,000for the roadway improvements and$1,650,000 for the utility improvements. No budget has been established for adding capacity to the drainage channel crossings. Analysis of the crossings will be done during the Preliminary Phase with subsequent amendments to the Design Phase Scope and Fee if additional capacity is needed and funded. Environmental studies and permitting are included as Additional Services. No budget has been established for environmental mitigation. If required, the contract will be amended for the mitigation design and a revised budget will be established. I. SCOPE OF SERVICES A. BASIC SERVICES 1. Preliminary Phase. The Arch itect/Engineer-A/E (also referred to as Consultant) will: a) Participate in Project Kick-off Meeting. Prepare and distribute meeting minutes to attendees within five working days of the meeting b) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. C) Request and review available reports, record drawings, utility maps and other information provided by the City upon request pertaining to the project area. d) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. e) Develop preliminary street cross section recommendations. f) Prepare conceptual life-cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) "Real Cost" Program and provide data in ELR. g) Request and review traffic counts from the City Street Department h) Identify right-of-way acquisition requirements and illustrate on a schematic strip map and provide a summary table of anticipated ROW parcels i) Prepare preliminary opinions of probable construction costs for the recommended improvements. D Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. k) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. 1) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. m) Identify and recommend public outreach and community stakeholder requirements. n) Prepare a Draft Engineering Letter Report per the requirements of the attached Exhibit 13. AMEND. NO. 1 EXHIBIT"A" Page 1 of 12 o) Submit one (1)copy in an approved electronic format, and three(3) paper copies of the Draft Engineering Letter Report (ELR). P) Participate in Draft Engineering Letter Report review meeting with City staff to review and receive City comments on the Draft ELR as scheduled by City Project Manager. q) Assimilate all City review comments into the final ELR and provide one(1)set of the Final ELR (electronic and hard copies using City Standards as applicable) suitable for reproduction. r) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide electronic copies of the following information (as applicable and requested): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings and record information in electronic format as available from City Engineering files. C) Budget for the Project specifying the funds available for the construction contract. d) A copy of existing studies and plans. (as available from City Engineering files). e) Field location of existing city utilities. (A/E to coordinate with City Operating Departments.) f) Applicable Master Plans and GIS mapping are available on the City's website. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. b) Prepare construction documents in City standard format for the work identified in the approved Final Engineering Letter Report. For construction plans that include improvements or modifications to the storm water, water and wastewater systems within the project limits, include standard City of Corpus Christi detail sheets as appropriate. C) Prepare construction plans in compliance with CPPSCF using English units on 11"x17" plan sheets. i) Provide Storm Water Pollution Prevention Plan, including construction drawings. d) Furnish three (3) sets of the interim plans (60% submittal - electronic and 11"X17" copy using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary", project checklist & drawing checklist, which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. e) Participate in Project 60%review meeting. Prepare and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and incorporate into 90% submittal. f) Provide three (3) sets of the interim plans and bid documents (90% submittal - electronic 11"x`17" copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. g) Participate in Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. AMEND. NO. 1 EXHIBIT"A" Page 2 of 12 h) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and hard copy using City Standards as applicable) for City's final review. i) Assimilate all final review comments. Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual Property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. D Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards.. k) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See attachment `A' for required form The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy of the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format,for the Engineering Services'approval,any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. The City staff will: a) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. b) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. AMEND. NO. 1 EXHIBIT"A" Page 3 of 12 C) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. A/E will provide the City with assistance, as requested, during the construction phase of the Project on a Time and Materials basis. Requests for services from the A/E will be submitted to the A/E via email from City staff (Construction Inspection or Engineering Services) and will include Calendar Meeting Requests. Verbal requests for services will be followed by an email to the A/E prior to action being taken by the A/E. Receipt of email requests, including Meeting Requests, from City Staff will be considered by the A/E as Authorization to Proceed on the requested services. Services provided under this line item will be invoiced to the City monthly and include time spent during the invoicing period. Total efforts for this Phase shall be within the limits of the budget established in Section III. Fees below. If it is apparent that additional efforts will be required beyond the estimated Contract budget after 75% of the estimated budget for this Line Item has been spent, the A/E will prepare a Contract Amendment for additional fees based upon an estimate of the amount of effort remaining to complete the Project. Work will not proceed beyond the approved budget. Services anticipated during the Construction Administration Phase may include: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make visits to the site of the Project as requested 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 which will be provided by the City. f) Attend final inspection with City staff, provide punch list items for Contractor completion. The City staff will: a) Provide all Construction Administration and Construction Observation Services. b) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Construction Phase. C) Review and approve contractor applications for payment. d) Conduct the final acceptance inspection and Certificate of Completion. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fixed Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. Time and Material Fees for Additional Services are an initial budget. If it is apparent that additional efforts will be required beyond the estimated Time and Material budget after 75% of the estimated budget has been spent,the A/E will prepare a Contract Amendment for additional fees based upon an estimate of the amount of effort remaining to complete the Project. The anticipated Additional Services to be completed after written authorization by the Director of Engineering Services are as follows: AMEND. NO. 1 EXHIBIT"A" Page 4 of 12 1. Permit Preparation (Fixed Fee). Furnish the City all survey and engineering data and documentation necessary for U.S.Army Corps of Engineers(USACE) permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Survey for Wetlands and LSLS for Segments 1, 2 and 3 LJA will complete and submit surveys for the proposed segments of Laguna Shores. Tasks include, Land Description Review, Category 1A Survey, including Mean Low Water(MLW), Mean Higher High Water(MHHW),wetland delineation,topography, wetland transects, and drafting for segments 1, 2 & 3 and Licensed State Land Survey (LSLS) review for segments 1 and 3. b) Wetland Delineation The objective of the delineation is to evaluate and document any portion of the site to be classified as a"Jurisdictional Water of the United States"as defined in 33 CFR 328 and subject to U.S. Army Corps of Engineers (USACE)jurisdiction. The delineation will be conducted according to the 2010 Regional Supplement to the Corps of Engineers (USACE) Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (v.2), and the 2015 Clean Water Act Final Wetland Rule. The recent guidance and supplemental criteria have altered the primary determining factors for identifying waters of the United States. However, compliance with these criteria requires a significant increase in the documentation and scientific evaluation. Delineation work will consist of the following tasks: Task 1: Review of NRCS Soil Surveys: Task 1 will include a review of previously published soil data published by the U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS), to determine the types of surface soils expected to be confirmed by on-site soil analysis. Task 2: Review of Aerial Photographs: Task 2 will include a review of historical aerial color and black/white photographic enlargements for selected years. Infrared color photographs will be analyzed for the presence of wetland signature color distortions. Information for all photographic interpretation will be compared to locate recurring sites where wetland signatures are present. Task 3: Site Reconnaissance for Wetland Indicators.: Task 3 will include inspecting the property under the field procedures outlined in the Corps of Engineers Wetland Delineation Manual—Technical Report Y-87-1 by the USACE. Samples of vegetation, soils, and hydrology indicators will be taken at each change in topography or vegetation. Vegetation samples will be evaluated and recorded at each sample area. Upland vegetation will be verified, for it is as significant as wetland vegetation in the determination process. Inspection of the property for evidence or lack of wetland hydrology will be performed at each sample area. Soil samples will be evaluated at each test site for their hydric and non-hydric characteristics. Non-hydric soils verify upland status and are as significant as hydric soils in the determination process. Task 4: Demarcation of Wetland Areas: Task 4 will include the flagging of the jurisdictional wetland areas and/or the ordinary high-water mark for location by a Registered Professional Land Survey (RPLS) or Global Positioning System (GPS). Location of the areas by RPLS or GPS survey using the USACE October 2003 Standard Operating Procedures is required for USACE verification/permitting and is recommended for project planning. AMEND. NO. 1 EXHIBIT"A" Page 5 of 12 Task 5: Preparation of a Map Representing Wetland Areas: Upon receipt of the RPLS or GPS wetland areas and the limits of the Jurisdictional Waters,information regarding the field location of the boundaries of all Section 10 and 404 waters/wetland limits within the property boundaries will be plotted on a scaled map. Each Jurisdictional area will be depicted with the following information: (1) size and shape; (2) surface area calculation (acres);and (3)combined total wetland and Jurisdictional Water area calculations. The final report submitted to the client from LJA will reflect the surveyed data from the RPLS or GPS survey showing the location of the wetlands. Task 6: Report Preparation: Task 6 will include the preparation of a final report. Upon completion of the site reconnaissance,data translation,and map preparation,a report will be completed,two copies of which will be given to the client. The report will include a discussion of methodology used to delineate the tract, site findings, copies of all historical information reviewed, such as U.S. Geological Survey topographical maps, NRCS soil survey maps, aerial photographs, site photographs, USACE routine data sheets, and a wetland delineation map. C) Drafting and Engineering Task 1: Scope of work for drafting and engineering includes; Designing cross sections and producing exhibits to be used in the USACE permitting application and TGLO lease for all three sections. d) USACE Individual Permit Scope of work for the preparation of a Clean Water Act Section 404 Permit and submission to the USACE will follow the criteria set forth in 33 CFR 325(Individual). A conceptual development plan including profiles must be approved by the client. LJA will utilize these plans to create the required permit submittal drawings in the USACE's preferred format. This cost estimate is only preliminary and does not take in to account the amount of proposed impacts to wetlands and/or "Waters of the United States." LJA cannot predict or guarantee what the agencies will require during the permitting process. The proposed scope/level of effort and cost estimate is based on our most recent experience with permit approval within the USACE. LJA will perform the following under this task: 1. Draft and submit the Individual Permit application and supporting documents to the applicant/client for review prior to submittal to the USACE. (LJA must have written approval from the client authorizing LJA to submit the permit application to the USACE.) 2. Section 401 certification is required for Individual Permits. LJA will draft a Tier I checklist and/or Tier II questionnaire, whichever is appropriate, upon written approval from the applicant/client. The purpose of this information is to satisfy the regulatory guidelines set forth in Section 401 and Section 404b (1) of the Clean Water Act. 3. Attend at least two (2) on-site meetings with USACE and resource protection agencies. 4. Attend two(2)meetings with the USACE, including a Joint Evaluation Meeting (JEM). 5. Consult with the client and land owner regarding the site development plan and alternatives. 6. Draft the Public Notice for the USACE, if approved by the USACE Project Manager. AMEND. NO. 1 EXHIBIT"A" Page 6 of 12 7. Assist the applicant in responding to agency comment letters submitted during the interagency and/or thirty(30) day Public Notice period. 8. Consult with the applicant and landowner regarding the Wetland Mitigation Plan and design. 9. Assist the applicant/client in providing the USACE site specific requested information and/or Revised Site Development Plan, if necessary. The Individual Permit process is constantly evolving and may require additional tasks not specified in items 1 through 9 above. If additional tasks are required, LJA will provide the client with an additional proposal related to each specific additional task. e) TCEQ Alternatives Analysis Task: Section 401 certification is required for Individual Permits. LJA will draft and submit an alternatives analysis to the applicant/client for review prior to submittal to the TCEQ and USACE. The purpose of this information is to satisfy the regulatory guidelines set forth in Section 401 and Section 404b (1) of the Clean Water Act. Drafting of the alternative analysis is a lengthy process and will require information from the client.Section 401 certification is a separate coordination effort with the TCEQ and is required prior to the USACE authorizing the Section 404 permit. The Environmental Protection Agency(EPA)will also review the alternatives analysis,and may require an additional and specific response. f) USFWS/TPWD Coordination Threatened & Endangered Species Assessment: The objective of the Threatened and Endangered Species Assessment is to evaluate the potential for the existence of critical or irreplaceable habitats, which are considered protected under the Endangered Species Act of 1973 and subsequent amendments and listings. The following selected tasks will be considered for the proposed project site. 1: Review of Agency Listing for Estimated Habitat Boundaries. The listings currently maintained by U.S. Fish and Wildlife will be evaluated to determine if any of the listed species may be shown to potentially inhabit the area. 2: Consultation with Appropriate Agencies. Task 1 results may reveal the need for additional current information. If necessary, the USFWS will be interviewed for information regarding specific species having potential for habitation of the subject site. 3:Site Reconnaissance and Biological Impact Assessment. The biological aspects of the potential habitat will be physically reviewed and documented to determine if the habitat is desirable or reproductively useful to the specific species. A shorebird survey may be conducted as per USFWS guidelines in the piping plover recovery plan. 4: Preparation of Letter of Findings and Recommendations. Following the completion of all research and site reconnaissance, a letter of findings and recommendations will be completed and forwarded to the client, along with a current copy of the currently listed species. g) Mitigation Plan Development (Time & Materials) $100,000 g.1) Mitigation Plan Scope of the work for the permitting of a mitigation plan will follow the criteria set forth in 33 CFR 325 (Individual). A conceptual mitigation plan must be approved by the client. USACE approved plans shall be incorporated into roadway construction plans. LJA cannot predict or guarantee what the agencies will require during the permitting process. This task and effort will also include coordination with USFWS and TPWD. AMEND. NO. 1 EXHIBIT"A" Page 7 of 12 This task also includes the drafting and engineering for the proposed mitigation site. This task may include several sets of drawings, as mitigation may occur both on site and off site due to the level of impacts and comments from USACE. An offsite mitigation plan is likely based on the previous section of Laguna Shores and the lack of available mitigation lands adjacent to the project. Offsite areas will need to be delineated, surveyed, and coordinated with the USACE, USFWS, TPWD, local community, and adjacent landowners. This task also includes any public meetings that may be required as a result of the offsite mitigation plan Early indications of potential mitigation include the possibility of restoring hydrology to Red Head pond, among other alternatives. This may include engineering stormwater drainage or other unrelated project engineering as a result of off-site, out-of-kind mitigation efforts. g.2) Endangered Species Review Endangered species lists for Nueces County will be reviewed and any potential impacts from the roadway construction will be determined. If need be, coordination with the USFWS will be conducted regarding consultation. g.3) Archaeological Issues Review Coordination with the Texas Historical Commission (THC)will be conducted in order to determine any potential impacts of roadway construction and clearances needed. h) Texas General Land Office (TGLO) Lease Encroachments of any proposed roadway into State Lands will require a Texas General Land Office lease. The application will be drafted and submitted to the TGLO, and coordinated through both the local and Austin offices, resulting in an approved lease for the portions of the road on State Lands. Application fees are to be paid by the City. i) MPO Coordination Coordination with the Corpus Christi Metropolitan Planning Organization(MPO)and selected Contractor regarding the Resilience and Durability to Extreme Weather Grant from the Federal Highways Administration (FHWA). This will include the integration of engineering plans and specifications for the living shorelines portion(s) of the proposed project. These efforts will also include impacts and resulting mitigation to be included in the USACE permit application and TGLO lease. 2. Right-of-Way(ROW)Acquisition Survey and Parcel Descriptions (TBD).All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Title Commitments from a local title company and provide copies to the City. Title Commitments shall identify title ownership and any title encumbrances to all right-of-way to be acquired. AMEND. NO. 1 EXHIBIT"A" Page 8 of 12 C) Provide a preliminary base map containing apparent ROW,which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bounds Instruments with supporting exhibits as required and agreed upon, subsequent to the ELR acceptance, for ROW parcels, utility easements and temporary construction easements. e) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at"not to scale"and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. f) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements.A strip map showing all parcels required will be submitted along with parcel descriptions.Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. Should this service be required, a Contract Amendment will be prepared by the A/E for City Staff to review prior to commencing work. 3. Topographic Survey (Fixed Fee). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference tying Control Points to a minimum of two (2) registered boundary monuments in the vicinity of the project that will not be disturbed by construction. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS)methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing wastewater, storm water, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utilitymarkings from the Texas 811 request.Surveying services, related to level A subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. D Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Obtain finished floor elevations of buildings along the roadway corridor. m) The survey should not stop at the property line, but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. AMEND. NO. 1 EXHIBIT"A" Page 9 of 12 This includes features such as existing swales or ditches, foundations, loading docks/overhead doors, driveways, parking lots, etc. within 20' of the property line. n) Topo surveying of identified areas of mitigation adjacent or within the project site. 4. Environmental Issues (TBD). Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. Should this service be required, a Contract Amendment will be prepared by the A/E for City Staff to review prior to commencing work. 5. Hydrology and Hydraulic Analysis(Fixed Fee). Provide hydrology and hydraulic analysis of the Beasley and Van Galen Drainage Basins to determine 25, 50 and 100-year storm flows. Determine the required culvert or bridge size for the outfall of each under Laguna Shores based on the City Drainage Criteria Technical Guide—March 2009.The analysis will also consider the impact, if any, resulting from elevating the roadway to maintain traffic during high tide events. 6. Drainage Crossing DesignT( BD). Design fees for enlarging the crossings if needed are not included in the contract. City will provide LIDAR data for use in determine drainage boundaries and design elevations. Should this service be required, a Contract Amendment will be prepared by the A/E for City Staff to review prior to commencing work. 7. Public Meetings (Fixed Fee). Participate in two (2) public meetings. Prepare exhibits for meetings. Provide follow-up and response to citizen comments as requested. The City will schedule, advertise for, plan and conduct the meetings. 8. Traffic Control Plan (Fixed Fee). Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing,typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 9. Warranty Phase(Fixed Fee). Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair,fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action,with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 10. Preparation of Record Drawings (Time and Materials). Review Contractor-provided construction "red-line"drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. AMEND. NO. 1 EXHIBIT"A" Page 10 of 12 II. SCHEDULE Date Activity Begin Preliminary Phase Upon receipt of executed contract and NTP from City Submit Geotech requirements, and record 15 Days after NTP data request Submit Draft Engineering Letter Report 45 Days after receipt of requested Geo, SUE, and data Submit Final Engineering Letter Report 15 Days after receipt of written draft review comments Submit 60% Design 3 Months after receipt of Final Engineering Letter Report approval Submit 90% Design 2 Months after receipt of 60% comments from City Submit 100% Design (Pre-Final) 1 month after receipt of 90% comments from City Submit Sealed Final Plans 15 Days after receipt of Pre-Final comments from City III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-3 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1-3, A/E will submit monthly statements for basic services rendered. The statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For authorized Additional Services, the A/E will submit monthly statements for services rendered. For Fixed Fee Additional Services Line Items,the statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For Time and Materials Additional Services,the statements will be based upon A/E's time spent during the period of time covered by the invoice and shall not exceed the budget established in this section, Section III. Fees. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services,"the City will pay the A/E a not-to-exceed fee as per the table below: AMEND. NO. 1 EXHIBIT"A" Page 11 of 12 Initial Large A/E Contract Total Contract Amd. No. 1 Basic Services Fees 1. Preliminary Phase(FF) $22,450.00 $45,550.00 $68,000.00 2. Design Phase(FF) $228,550.00 $228,550.00 3. Bid Phase(FF) $12,330.00 $12,330.00 4. Construction Phase(T&M) $35,480.00 $35,480.00 Subtotal Basic Services Fees $22,450.00 $321,910.00 $344,360.00 Additional Services Fees 1. Permitting(FF) 1a.Survey for Wetlands and LSLS for Segments 1,2 and 3 $47,600.00 $47,600.00 1b.Wetland Delineation $5,000 $17,400.00 $22,400.00 1c. Drafting&Engineering $19,440.00 $19,440.00 1d. USACE Individual Permit $22,500.00 $22,500.00 1 e.TCEQ Alternatives Analysis $9,600.00 $9,600.00 1f. USFWS/TPWD Coordination $3,300.00 $3,300.00 1g.Mitigation Plan Development(T&M) $100,000.00 $100,000.00 1g.1.Mitigation Plan 1g.2. Endangered Species Review 1g.3.Archaeological Issues Review 1 h.Texas General Land Office(TGLO)Lease $3,600.00 $3,600.00 1i. MPOCoordination $11,550.00 $11,550.00 2. ROW Acquisition Survey TBD TBD 3.Topographic Survey(FF) $22,450.00 $50,000.00 $72,450.00 4. Environmental Issues TBD TBD 5. H&H Analysis(FF) $28,130.00 $28,130.00 6. Drainage Crossing Design(FF) TBD TBD 7. Public Meetings(FF) $7,500.00 $7,500.00 8.Traffic Control(FF) $39,335.00 $39,335.00 9.Warranty Phase(FF) $2,760.00 $2,760.00 10. Record Drawings(T&M) $17,500.00 $17,500.00 Sub-Total Additional Services $27,450.00 $380,215.00 $407,665.00 Fees Total Authorized Fee $49,900.00 $702,125.00 $752,025.00 (Notes: `FF"designates Line Items to be invoiced on a Fixed Fee basis,and`T&M'designates Line Items to be invoiced on a Time&Materials basis. `AUTHORIZED'constitutes"written authorization to proceed"on an Additional Services Line Item.) AMEND. NO. 1 EXHIBIT"A" Page 12 of 12 EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME Payment Request Rev5edp7r27too Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amid No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O& M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 1 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees 1 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: 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 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 18046A Swantner Dr (Indiana Ave to Texas Trail) 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, a Texas corporation, 2725 Swantner, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES -----------------------------------------------------------------------7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS.................................................10 EXHIBITS Page 1 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18046A SWANTNER DRIVE FROM TEXAN TO INDIANA BOND 2018,PROP 1\AMENDMENT NO.1\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\18046A SWANTNER DRIVE FROM TEXAN TO INDIANA BOND 2018,PROP 1\AMENDMENT NO.1\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 $422,075, for a restated total fee not to exceed $469,575. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Gep'si 01tapt shall 5S.-A-Mot a Rate Cnhead- to 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\18046A SWANTNER DRIVE FROM TEXAN TO INDIANA BOND 2018,PROP 1\AMENDMENT NO.1\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\18046A SWANTNER DRIVE FROM TEXAN TO INDIANA BOND 2018,PROP 1\AMENDMENT NO.1\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 familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Page 5 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18046A SWANTNER DRIVE FROM TEXAN TO INDIANA BOND 2018,PROP 1\AMENDMENT NO.1\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\18046A SWANTNER DRIVE FROM TEXAN TO INDIANA BOND 2018,PROP 1\AMENDMENT NO.1\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 Page 7 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18046A SWANTNER DRIVE FROM TEXAN TO INDIANA BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with Page 8 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18046A SWANTNER DRIVE FROM TEXAN TO INDIANA BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 I n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 9 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18046A SWANTNER DRIVE FROM TEXAN TO INDIANA BOND 2018,PROP 1\AMENDMENT NO.1\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\18046A SWANTNER DRIVE FROM TEXAN TO INDIANA BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC Ii 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XI I I of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI URB ENG/I/N R //J 1�, 36),`(� Jeff H. Edmonds, P. E. Date Eugene . Urban, S., P. Date Director of Engineering Services Principal Authorized Repr6sentative 2725 Swantner Corpus Christi, TX 78404 APPROVED AS TO LEGAL FORM (361) 854-3101 Office curban@urbaneng.com Assistant City Attorney Date ATTEST City Secretary Date Page 11 Rev.18-4 K3ENGINEERING DATAEXCHANGESVELMAPISTREET118046A SWANTNER DRIVE FROM TEXAN TO INDIANA BOND 2018,PROP I"MPNDMENT NO.112018-D430 CONTRACT PROFESSIONAL SERVICES.DOC 18046A Swantner Dr (Indiana Ave to Texas Trail) Accounting Unit 3551-051 Account 550950 Activity 18095-A-3551-EXP Account Category 50950 Fund Name ST 2015 GO BOND 2014 Page 12 Rev. 18-4 K:\ENGINEERING DATAEXCHANGE\VELMAP\STREET\18046A SWANTNER DRIVE FROM TEXAN TO INDIANA BOND 2018,PROP 1\AMENDMENT NO.1\2018-0430 CONTRACT PROFESSIONAL SERVICES.DOC Job No. 43125.138.00 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS SWANTNER DRIVE (TEXAN TRAIL TO INDIANA AVENUE) PROJECT NO. 18046A BOND ISSUE 2018 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. SCOPE: Swantner Drive (Texan Trail to Indiana Avenue) — This project will consist of Engineering and Design of the Swantner Drive Project in the City of Corpus Christi Bond 2018 Proposition A. The project will encompass reconstruction and rehabilitation of a residential collector street with underground utility and drainage work. Additionally, topographic and drainage review services will identify existing drainage conditions including critical elevations on surrounding street network and underground storm systems. The project will update existing infrastructure and alleviate drainage issues. 1. Preliminary Phase The Arch itect/Engineer-A/E (also referred to as Consultant) will: I., /mRI14oc tG- AW-BRE-14-94-95-3 �nii4hir, &A-9 �nir�rLir�ly days of the MeetiRg a�,,., I�)t't.GsiGit �repaFartf6rrr-vrca GGG a Gf W rf49F�eG-4-QGhAiG-.A1 iRyestigatf6R by the C) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. e) Develop preliminary street cross section recommendations. f) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. g) Prepare preliminary opinions of probable construction costs for the recommended improvements. h) Develop drainage area boundary map for existing and proposed drainage areas served. i) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. D Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. k) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. 1) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. EXHIBIT"A" Pagel of 10 Job No. 43125.138.00 m) Identify and recommend public outreach and community stakeholder requirements. n) Request and review traffic counts from the City Street Department. o) Prepare an Engineering Letter Report (20 — 25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. Provide anticipated index of drawings and specifications. 7. Provide a summary table of anticipated ROW parcels. 8. Provide data from Federal Highway Administration (FHWA) Life Cycle Cost Analysis of Pavements software and recommended pavement option. P) Submit one (1) copy in an approved electronic format, and three (3) paper copies of the Draft Engineering Letter Report. q) Participate in project review meeting with City staff on the Draft Engineering Letter Report as schedule by the City Project Manager. r) Assimilate all City review comments of the Final Engineering Letter Report (ELR). Provide one (1) electronic and one (1) hard copy using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City-appointed capital project oversight committee responsible for reviewing preliminary project design. Assist in preparing PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide electronic copies of the following information (as applicable and requested): a) City's record drawing and record information of existing infrastructure as are available from City files. b) Provide the preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department). EXHIBIT"A" Page 2 of 10 Job No. 43125.138.00 e) Applicable Master Plans and GIS mapping are available on the City's website. Provide City Standard specification standard detail sheets, standard and special provisions and forms for required bid documents. Project Assumptions: 1. All necessary geotechnical services and pavement design options will be provided by the City. During the preliminary design phase, the City will provide the geotechnical report. 2. Any necessary subsurface utility engineering (SUE) services will be determined by Urban Engineering during the preliminary design phase and include recommended scope of SUE services and pothole locations. Fees for necessary SUE services will be determined based upon scope and a negotiated additional service as required. 3. The City will provide Televising of Utility Lines for all applicable storm water and wastewater utility lines that will be incorporated and/or replaced as part of the project. Urban Engineering will provided the City with a recommended scope of utility lines that should be televised. 4. The City will provided all traffic counts and peak hour turning movement counts necessary for the project design. 5. The City will perform all public outreach including scheduling and coordinating the agenda and presentation material for all public meetings. The City will prepare and mail out notices for the meeting to the affected stakeholders. Urban Engineering will participate in two (2) public meetings and provide exhibits. The City will provide all public outreach and citizen/ stakeholder coordination during the design and construction of the project including one-on-one stakeholder meetings. 6. Detailed street lighting design including lighting distribution and photometric analysis of Swantner Drive are not included in this scope of work. Urban Engineering will assist the City in developing recommendations for the street lighting to be consistent with the future City Street Lighting Policy that has not yet been adopted. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and pa/ y for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". EXHIBIT"A" Page 3 of 10 Job No. 43125.138.00 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Provide three hard copies (3) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide three hard copies (3) set of the pre-final plans and bid documents (90% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. i) Provide three hard copies (3) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards. EXHIBIT"A" Page 4 of 10 Job No. 43125.138.00 1) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 3. Bid Phase The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. EXHIBIT"A" Page 5 of 10 Job No. 43125.138.00 e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) P epaFe G-iaRge eFders—ass—a-uthoFzed by the—G+tyL,--provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. NPDES Permit/Amendments (including SSC, NOI NOT). b. Texas Department of Licensing and Regulation (TDLR). 2. Right-of-Way (ROW) Acquisition Survey (NOT AUTHORIZED) All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. EXHIBIT"A" Page 6 of 10 Job No. 43125.138.00 a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. e) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. f) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 3. Topographic Survey All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'❑ Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include references tying Control Points to a minimum of 2 registered Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing wastewater, storm water, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utility marking from the Texas 811 request. Surveying services, related to Level A subsurface engineering (SUE) shall be provided as part of the scope of work for SUE. EXHIBIT"A" Page 7 of 10 Job No. 43125.138.00 i) Locate improvements within the apparent ROW. j) Locate and identify trees as least five inches in diameter, and areas of significant landscape or shrubs, within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Obtain finished floor elevations of building along the roadway corridor. m) The survey should not stop at the property line, but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, loading docks/overhead door, driveways, parking lots, etc. within 20' of the property line. 4. Environmental Issues (NOT AUTHORIZED) Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Assist in preparation of notices, PowerPoint presentations, handouts and exhibits for meetings. Assist in drafting responses to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. 6. Subsurface Utility Investigation (NOT AUTHORIZED) a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C-1, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater —Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. EXHIBIT"A" Page 8 of 10 Job No. 43125.138.00 V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction- related excavation of the potential for encountering their utility lines during construction. 7. Warranty Phase Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. II. SCHEDULE Date Activit NTP October 8, 2018 Draft ELR submittal October 29, 2018 City Comments Review November 26, 2018 Final ELR submittal January 7, 2019 60% Design Submittal January 20, 2019 60% City Review Comments February 22, 2019 90% Design Submittal March 15, 2019 90% City Review Comments March 29, 2019 100% Design Pre-Final Submittal April 12, 2019 100% City Review Comments April 19, 2019 100% Final Sealed Submittal TBD Advertise for Bids TBD Pre-Bid Conference TBD Receive Bids TBD Contract Award TBD Begin Construction TBD Complete Construction EXHIBIT"A" Page 9 of 10 Job No. 43125.138.00 III. FEES A. Fee for Basic Services The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services For services authorized by the Director of Engineering Services under Section I. B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: Summary of Fees Basic Services Fees Original Contract Amendment #1 Total 1. Small A/E $2,500 $2,500 2. Preliminary Phase $118,222.50 $118,222.50 3. Design Phase $197,037.50 $197,037.50 4. Bid Phase $19,703.75 $19,703.75 5. Construction Administration Phase $59,111.25 $59,111.25 Subtotal Basic Services Fees $2,500 $394,075 $396,575 Additional Services Fees (Allowance) Original Contract Amendment #1 Total 1. Permit Preparation NPDES $6,500 $6,500 TDLR $4,500 $4,500 2. Topographic Survey and- o.ar^o' no^^r;r+;^n^ $45,000 $45,000 3. Environmental Issues To Be Determined 4. Public Involvement $12,000 $12,000 5. Subsurface Utility Investigation To Be Determined 6. Construction Observation Services To Be Determined 7. Warranty Phase $5,000 $5,000 Sub-Total Additional Services Fees Authorized $45,000 $28,000 $73,000 Total Authorized Fee $47,500 $422,075 $469,575 EXHIBIT"A" Page 10 of 10 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 se �o F v AGENDA MEMORANDUM Future Item for the City Council Meeting of August 14, 2018 "°oRPowp�E° Action Item for the City Council Meeting of August 21, 2018 1852 DATE: August 3, 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 jeffreyew@cctexas.com (361) 826-3851 Professional Services Contract Bond & Capital Improvement Program Support Motion to authorize execution of a professional services contract with R.H. Shackelford, Inc. (RHSI) of Corpus Christi,Texas for a period of six(6)months in the amount of$352,526 with one (1)optional six-month renewal to be administratively awarded for a total contract cost not to exceed $705,052 to support launching the Bond 2018 Program, overseeing the Harbor Bridge Replacement Project (HBRP) Utility Relocations, and completing prior Bond Programs (2012, 2014 & 2016) and on-going Capital Improvement Program (CIP) projects. PURPOSE: The purpose of this Agenda Item is to obtain contract authority with RHSI for continued engineering and technical management support for the City's capital improvement program including execution of the annual CIP, wrapping up the Bond 2012, 2014 and 2016 projects, overseeing the HBRP Utility Relocations Project, and successfully launching the Bond 2018 Program. BACKGROUND AND FINDINGS: Historically, Engineering Services has used a combination of in-house and contract staff resources to accomplish its mission of successfully delivering capital projects for all City departments. Contract resources have allowed the department to adjust quickly to changing workload demands and to gain access to skills and experience that could not otherwise be obtained. RHSI has extensive experience assisting municipal governments with project delivery and has helped the City frequently since 2008. Project#:Various 1 JE/ASG Legistar#: 18-0954 Rev.0—08/03/18 Since 2015, the Engineering Services Department has made significant improvements to overall department operations and effectiveness. RHSI has been a key contributor in restructuring Engineering Services and helping to make the necessary operational improvements. During that period, Engineering has gotten stalled programs moving forward, greatly reduced turnaround times on key business actions such as change order and pay invoice processing. During that period, key financial metrics have improved such professional service fees as a percentage of construction cost and the overall change order percentage, which in now under 2% of aggregate portfolio value. Currently, the City has over 200 capital improvement projects (streets, utilities, and facility related) currently under design or construction, with a total contract value exceeding $350M. This work includes the remaining projects for Bonds 2012, 2014, and 2016, as well as, the annual CIP. There is an additional $52M of estimated City Utility Relocation work to be executed by TXDOT's project developer for the HBRP. RHSI is leading the Utility Relocation construction oversight effort to ensure that the project developer adequately addresses the City's interests. Currently, Engineering Services has 63 total budgeted positions with only 13 vacancies (21%). Since 2015, Engineering Services made significant efforts to reduce our reliance on contract positions. Management has interviewed over 96 applicants for various departmental vacancies. Of those 96 applications screened, 22 offers were made but only 13 candidates accepted permanent positions with the City. During that time period, the department also lost 12 full-time employees. There has also been turnover with staff that was working under contract both in the project management area and construction inspections. Recruitment and retention continues to be a challenge for the department. In 2016, City Council approved a professional service agreement with RHSI for six (6) positions to help address critical vacancies in Engineering Services. Since then,the department has successfully recruited and replaced four (4) of those positions with permanent City employees. The two (2) remaining positions are critical senior positions that remain vacant due to the challenge of identifying qualified applicants with sufficient relevant experience. Both positions are leadership roles - one in Project Management and one primarily focused on Utility-related Construction. Engineering Services will continue to recruit for those two (2) key positions. Ideally this contract would also allow for some overlap and transition to permanent staff when good candidates are hired with the knowledge, experience, and leadership ability and to successfully assume those roles and maintain the positive momentum of program execution. This item provides for a six-month contract with one optional six-month extension for the continuation of professional services support of two (2) senior licensed Professional Engineers with over 60 years of combined experience for the following primary areas of responsibility: • LEAD PROGRAM MANAGEMENT—Provide one senior licensed engineer to lead, train and mentor project management staff to maximize capabilities for engineering services and contract management. Duties primarily include assisting with Architect / Engineer contract negotiations, design coordination and oversight to ensure strict cost and schedule controls and development of council briefing materials that are complete, concise, and logical. Duties also include maintaining continuity of on-going project execution and overseeing the successful launch of the Bond 2018 Program. • UTILITY CONSTRUCTION MANAGEMENT — Provide one senior licensed engineer with extensive experience administering and controlling heavy construction projects. Duties include leading the construction management team and inspections for the HBRP Utility Relocation projects expected to total over $50 million. Primary duties include oversite, review, coordination and approval of multiple individual HBRP Utility Relocation project Project#:Various 2 JE/ASG Legistar#: 18-0954 Rev.0—08/03/18 "packages". Services also include coordination of TXDOT, TXDOT's "Developer", multiple construction subcontractors, and City Utilities to minimize costs and service disruption to local businesses and residents. Additionally, this individual will provide continued overall support for CIP program projects, including claims, dispute resolution, change order negotiations and litigation. ALTERNATIVES: 1. Authorize execution of the Professional Services Contract. 2. Do not authorize the Professional Services Contract. (Not Recommended) OTHER CONSIDERATIONS: Staff will continue to evaluate and amend current recruiting strategies to successfully fill Department vacancies. CONFORMITY TO CITY POLICY: This conforms to city policy for procurement of professional services. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Engineering Services Department FINANCIAL IMPACT: X Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Years 2017-2018 Current Year 2018-2019 TOTALS Line Item Budget $352,526 $352,526 $705,052 Encumbered/Expended Amount This item $352,526 $705,052 Future Anticipated Expenditures $352,526 BALANCE $352,526 $0.00 $0.00 Fund(s): Street and Utility CIP Comments: The contract will be charged to various projects in accordance with hours worked in support of each project. RECOMMENDATION: City staff recommends approval of the contract to support ongoing major projects and programs. LIST OF SUPPORTING DOCUMENTS: Presentation Contract Project#:Various 3 JE/ASG Legistar#: 18-0954 Rev.0—08/03/18 Corpus Chr sti Engineering Engineering Services: Maintaining the Momentum _i Council Presentation i August 14, 2018 Building a Successful Transition `'� NEW LEADERSHIP Corpus Chr sti Engineering ➢ 2015 - Encountered: ❑ Numerous legacy problems & process deficiencies ❑ Inexperienced project & construction managers ❑ Bond 2012 program substantially over budget &behind schedule ❑ Bond 2014 program stalled - budget & design problems ❑ Little Bond construction underway ❑ Unacceptable turnaround times on change orders & invoices ❑ Outstanding Invoices ❑ Project & Construction Management functions lacked coordination ❑ Ineffective organizational structure ❑ Inadequate tracking & reporting ❑ Low accountability ❑ High vacancy rate (• , Building a Successful Transition NEW LEADERSHIP Corps Chr sti Engineering ➢ Since 2015 - Actions: ✓ Recruited experienced leadership (contract & FTE's) ✓ Restructured department - improved effectiveness ✓ Realigned resources to work demands ✓ Streamlined processes & updated procedures ✓ Restructured compensation plan& filled key positions ✓ Revised budgets & secured funding to advance Bond 2012 ✓ Value-engineered Bond 2014 projects to address shortfalls ✓ Developed program execution schedule &regularly updated/reported ✓ Improved records management ✓ Developed Change Order policy, reduced % & improved reporting ✓ Improved & standardized construction management procedures ✓ Improved AE/contractor invoice processing times 3 Building Success J.c PROJECT PROGRESS Corpus Chrsti Engineering ➢ Since 2015 - Accomplishments ✓ Bond 2012-44 projects: 59% complete, 20% in construction, 20% remain ✓ Bond 2014- 28 projects: 25% complete, 54% in construction, 21% remain ✓ Bond 2016-4 projects: 25% in construction, 75% remain ✓ Bond 2018 - completed planning, scoping &preliminary engineering ✓ All Programs moving forward on schedule ✓ Only one Bond project in litigation ✓ No projects-in-trouble ✓ Timely payment of$8 - 10 M invoicing per month ✓ Demonstrable evidence of Bond project completion throughout City! ✓ Department has regained public trust in ability to execute programs Building Success ' WORK EXECUTION LEVEL Corpus Chr sti Engineering CONTRACTING ACTIVITY 2015 $100 M 2016 $146 M 7 2017 $186 M 2018 $ 60 M** 0P#PROJ COMPLET CON REMAIN 2012 44 26(59%) 9 (20%) 9 (20%) 2014 28 7 (25%) 15 (54%) 6(21%) * New Contracts 2016 4 0 1 (25%) 3 (75%) ** AsofJu1y2018 ***As of August,2018. Building on Our Success MAINTAINING THE MOMENTUM Corpus Chr sti Engineering ➢ Existing Staffing Situation - ✓ Increased Resources required to successfully • Launch Bond 2018 Program • Continue Residential Street Rebuild Project Implementation • Coordinate/Oversee Harbor Bridge Utility Relocation Project • Ensure project/program executions are timely&within budgets ✓ Project management & inspection vacancy rates still high (21%) ✓ Recruiting environment challenging • Two steps forward, one back(Hire 2,Lose 1) • Recent departures overload existing staff • Lack of experienced candidates ; , ✓ Building on Our Success MAINTAINING THE MOMENTUM Corpus Chrsti Engineering ➢ Contracted Staff Support - ✓ Reliance on contract staff- reduced with permanent hires ✓ Contract resources still required to • Maintain project throughput • Mentor less experienced staff • Minimize project risks ✓ 2- Senior Licensed Engineers (THIS ITEM) • Over 60 Years Combined Experience • Advanced/Lead Program&Utility Construction Management • Six-month contract(one optional six-month extension) 7 Building Success ENGINEERING SERVICES DEPARTMENT Corpus Chrsti Engineering Questions? CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES Project No. 18126A Project Management and Construction Management Services Bond 2018, Harbor Bridge Utility Replacement Project, Ongoing Capital Improvement Program 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 R. H. Shackelford, Inc., a Texas corporation, 5151 Flynn Parkway, Suite 500, Corpus Christi, Nueces County, Texas 78413, (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 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,eXGeFpt atter o ac Cvhihi4 n 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits AaPd A- 4. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 31d party owners/operators. Contract for Professional Services 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 $705,052 for a total duration of 12-months. 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. rend haat shall s h-mi4 a Cate Qnhed-1 ile�nii4h 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. Contract for Professional Services 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 This service shall be for a period of 6-months beginning on the Effective Date for a total of$352,526. The Agreement may be administratively renewed for up to one 6-months renewal option upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. Contract for Professional Services 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 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 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. Contract for Professional Services 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. Contract for Professional Services 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. Contract for Professional Services 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—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. Contract for Professional Services 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIO with the City Secretary's Office. For more information and to determine if you need to file a Form CIO, 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 a. . 7AteORD, INC. 3AJ&20(9 Jeff H. Edmonds, P. E., Date YJ LrjyShoemaker, P. . Date Director of Engineering Services nt/CEO 5151 Flynn Parkway, Suite 500 Corpus Christi, TX 78413 APPROVED AS TO LEGAL FORM (361) 850-3075 Office (361) 993-1131 Fax jshoemaker@rhsitx.com Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Project Management and Construction Management Services Bond 2018, Harbor Bridge Utility Replacement Project, Ongoing Capital Improvement Program Project No. 18126A Fund Name Accounting Account Activity No. Amount Unit No. Bayfront Park 3126-734 550950 E15152 01 3126 EXP $13,558 Energy 2014 PPF 3163-091 550950 E13143 01 3163 EXP 13,558 Seawall Maint 3272-707 550950 E12070 01 3271 EXP 13,558 Park & Rec 2013 GO Bd 12 3293-141 550950 E14016 01 3293 EXP 13,558 Park & Rec 2015 GO Bd 14 3294-141 550950 E15101 01 3294 EXP 13,558 Landfill 2018 TCO 3369-033 550950 E17118 01 3369 EXP 13,558 Landfill 2015 CO 3367-033 550950 E17060 01 3367 EXP 13,558 Landfill 2015 CO 3367-033 550900 E17061 01 3367 EXP 13,558 Storm Water 2012B RVBD 3495-043 550950 18100-A-3495-EXP 13,558 Storm Water 2012A RVBD 3496-043 550950 E15107 01 3496 EXP 13,558 Storm Water 2013 RVBD 3497-043 550950 E10200 01 3497 EXP 13,558 Water 2012B RVBD 4091-041 550950 E13096 01 4096 EXP 13,558 Water 2012B RVBD 4091-041 550950 E16290 01 4091 EXP 13,558 Water 2013 RVBD 4093-041 550950 E11066 01 4093 EXP 13,558 Water 2015 MRP2 4095-041 550950 E10008 01 4095 EXP 13,558 Water 2015 CIP 4096-041 550950 E13051 01 4096 EXP 13,558 Wastewater 2012B RVBD 4249-042 550950 190130 01 4249 EXP 13,558 Wastewater 2013 RVBD 4252-042 550950 E16255 01 4249 EXP 13,558 Wastewater 2013 RVBD 4252-042 550950 E16426 01 4252 EXP 13,558 Wastewater 2015 RVBD 4254-042 550950 E12206 01 4254 EXP 13,558 Wastewater 2015 RVBD 4254-042 550950 E16304 01 4254 EXP 13,558 Gas 2015 CIP 4559-022 550950 E12131 01 4559 EXP 13,558 Gas 2015 CIP 4559-022 550950 E16325 01 4559 EXP 13,558 PackChProjTIF2 3278-707 550950 H17019 01 3278 EXP 13,558 Street 2015 GO BD 14 3551-051 550950 E15113 01 3551 EXP 13,558 Street 2015 GO BD 14 3551-051 550950 E15108 01 3551 EXP 13,576 Total $352,526 Contract for Professional Services FZ H S I August 3, 2018 Mr. J.H. Edmonds, P.E. Director of Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 Subject: PROJECT MANAGEMENT(PM) SERVICES PROPOSAL Mr Edmonds, RHSI is pleased to present this proposal in the amount of$705,052 for two 6-month durations with total duration of 12-months to provide professional services for the Program Management and Construction Management Services for the Bond 2018, the Harbor Bridge Utility Replacement Project, and the ongoing Capital Improvement Program with completion of Bond programs 2012, 2014 and 2016 projects. These services will be tailored to compliment the capabilities of Engineering Services. Below is a summary of the proposed effort by position. • LEAD PROGRAM MANAGEMENT — Provide one senior licensed engineer to lead, train and mentor project management staff to maximize capabilities for engineering services and contract management. Duties primarily include assisting with Architect/Engineer contract negotiations, design coordination and oversight to ensure strict cost and schedule controls and development of council briefing materials that are complete, concise, and logical. Duties also include maintaining continuity of on-going project execution and overseeing the successful launch of the Bond 2018 Program. • UTILITY CONSTRUCTION MANAGEMENT — Provide one senior licensed engineer with extensive experience administering and controlling heavy construction projects. Duties include leading the construction management team and inspections for the HBRP Utility Relocation projects expected to total over $50 million. Primary duties include oversight, review, coordination and approval of multiple individual HBRP Utility Relocation project "packages". Services also include coordination of TXDOT, TXDOT's "Developer", multiple construction subcontractors, and City Utilities to minimize costs and service disruption to local businesses and residents. Additionally, this individual will provide continued overall support for CIP program projects, including claims, dispute resolution, change order negotiations and litigation. Position Hours Lead Program Mgt-2 Senior PE with minimum of 15 years' experience in 1872 management/leadership with 5 years associated with municipal government Sr Construction Engineer- Senior PE with minimum of 15 years' experience in 1768 management,to manage Construction Engineering functions Administrative Assistant)MManagement Aide 624 EXHIBIT "A" Page 1 of 2 FZ H S I ENoiN EE wiNo PaoEET M4NAEM ENT Monthly invoices will be for only those hours authorized and rendered. We are prepared to meet and review this proposal at your earliest convenience. Respectfully, Jerry J. Shoemaker,P.E. President/CEO EXHIBIT "A" Page 2 of 2 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 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of August 14, 2018 NgHPO PP`E 1852 Action Item for the City Council Meeting of August 21, 2018 DATE: July 13, 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 Dan Grimsbo, Director of Water Utilities dang@cctexas.com (361) 826-1718 Professional Services Contract Amendment Allison WWTP Lift Station and Plant Improvements (Capital Improvement Program) CAPTION: Motion to authorize execution of Amendment No. 3 to a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount of $578,396 for a total restated fee of $1,490,918 for Allison Wastewater Treatment Plant (WWTP) Lift Station and Plant Improvements project. PURPOSE: This amendment will expand the scope of the project to address additional nitrification improvements and develop a comprehensive operation and maintenance manual. BACKGROUND AND FINDINGS: Allison WWTP was constructed in 1966 with the last major upgrade to the treatment process in 1984. It struggles to meet TCEQ permit levels. Allison WWTP experiences high concentration levels of Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), and Ammonia- Nitrogen from an industrial source. The original design only included preliminary engineering to determine the levels and potential treatment options for BOD, TSS, Ammonia-Nitrogen. Preliminary engineering provided five (5) alternatives with the most cost-effective strategy of Project No:E10043 (Page 1) PM/C7 Legistar No.:18-0901 Rev.1—7/19/2018 Integrated Fixed-Film Activated Sludge (biological treatment process). This amendment provides engineering and design phase services to modernize the treatment process to address high concentrations of BOD, TSS and Ammonia-Nitrogen. This amendment includes modeling to retrofit the existing plant with new technology and proposed upgrades to optimize operations, maintenance and capital improvements. The scope also includes development of comprehensive operations and maintenance manuals with training to assist plant personnel with optimal readiness and plant support. The CIP 2018 / 2019 currently presents a budget of $10.5 million. The proposed improvements require additional funding for a total of$15 million. The additional funding will be programmed in CIP 2019 / 2020. Urban Engineering was selected through RFQ 2012-03. ALTERNATIVES: 1. Authorize execution of professional services contract amendment. (Recommended) 2. Do not authorize execution of contract amendment. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget $912,522 $4,750,400 $6,337,078 $12,000,000 Encumbered / Expended Amount 912,522 293,600 This item 578,396 578,396 Future Anticipated Expenditures This Project 602,000 602,000 BALANCE $4,172,004 $5,735,078 $9,907,082 Fund(s): Wastewater CIP 2017 / 2018, items No. 6 and 7 Project No:E10043 (Page 2) PM/CJ Legistar No.:18-0901 Rev.1—7/19/2018 RECOMMENDATION: City staff recommend approval of Amendment No. 3. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No.3 Project No:E10043 (Page 3) PM/C7 Legistar No.:18-0901 Rev.1—7/19/2018 PROJECT BUDGET ESTIMATE ALLISON WASTEWATER TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS FUNDS AVAILABLE: Wastewater C I P................................................................................................ $ 12,000,000 TOTAL FUNDS AVAILABLE $ 12,000,000 FUNDS REQUIRED: Construction and Contingency Estimate:................................................................ TBD Construction Estimate....................................................................... TBD Contingency10%............................................................................. TBD Construction Inspection and Testing Estimate:......................................................... TBD Construction Inspection Estimate......................................................... TBD Testing Estimate.............................................................................. TBD Design:............................................................................................................ 1,490,918 *Original (Urban Engineering).............................................................. 244,020 Amendment No. 1 (Urban Engineering)................................................. 49,600 **Amendment No. 2 (Urban Engineering) 618,902 Amendment No. 3 (Urban Engineering) THIS ITEM ... 578,396 Reimbursements:.............................................................................................. 602,000 Contract Administration (Eng. Svcs Admin/Capital Budget/Finance)............ 240,000 Engineering Services (Project Mgmt/Constr Mgmt).................................. 360,000 Mi sc.............................................................................................. 2,000 TOTAL $ 2,092,918 ESTIMATED PROJECT BUDGET BALANCE $ 9,907,082 *Contract approved by City Council on December 16, 2014 by Motion No. M2014-174 **Amendment No. 2 approved by City Council on January 23, 2018 by M2018-013 NUECES RIVER N SCALE: N.T.S. NUECES BAY �oF T LST p'L cpRR/Op R w N ZQ p SHIP CHANN 0 CORPUS CHRISTI Fpa Q 3 QOQ af LEOPARD PROJECT LOCATION z 44 eq 44 CORPUS CHRISTI p< Oh/N 286 INTERNATIONAL F AIRPORT ORGP Q 358 pp N Z N r ,10 Q0�GI SA/� V ori �Q 358 Q� �SgRgTpcq��m Q1� CABANISS C9 FIELD <v Qv 43 5 2 286 Osp ��O LOCATION MAP NOT TO SCALE Project: E10043 Allison Wastewater Treatment CITY COUNCIL EXHIBIT Plant Lift Station and Plant CITY OF CORPUS CHRISTI,TEXAS Improvements DEPARTMENT OF ENGINEERING SERVICES p = _ Corpus Chr sti Engineering Allison Wastewater Treatment Plant Lift Station and Plant Improvements r� Council Presentation i August 14, 2018 Project Location CW A Corpus Chr Ad Engineering PROJECT LOCATION N wm�. SCALE:N.TS. i raesrcwx z Project Vicinity CW Corp*Chr Engineering Nueces River N SCALE: N.T.S. l ALLISON WASTEWATER TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS ���� 3 ^ P�Ogo eProjJect Sco p Corpus Chr sti �� Engineering • Retrofit existing plant unit processes on west basin infrastructure to convert the treatment into an Integrated Fixed-Film Activated Sludge (IFAS) treatment system. • Improve operational optimization that will allow Allison WWTP to treat the high waste concentrations from industrial users and meet the TCEQ treatment parameters. • Development of an engineering letter report, opinion of probable cost with plans and specifications for bidding and construction phase. • Additional services include the Plant Comprehensive O&M Manual, Treatment Process Modeling, Instrumentation Design and IFAS Operation Workshop for new system. Project Schedule Corp*Ch, Engineering • • 2020 A S O N D J F M A M J J A S O N D J F M A M J J A S Design Bid/ Construction Award Projected Schedule reflects City Council award in August 2018 with anticipated completion in September 2020. CITY OF CORPUS CHRISTI Amendment No. 3 to the CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E10043 - Allison Wastewater Treatment Plant Lift Station and Plant Improvements 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, a Texas company, 2725 Swantner, 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 ...................................................9 EXHIBITS Contract for Professional Services Page 1 of 11 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;;A 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 11 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 $578,396 for a total amount not to exceed of$1,490,918. 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. 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 Contract for Professional Services Page 3 of 11 Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 . . te the expiratie—A datea ef the prier term. ARY FeRt_Q�.A.4;_;156 1949 �At tht-9 S�A.Wlt_Q U-91P.M.6 AAd GGRditieRs, plus aR" 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 Contract for Professional Services Page 4 of 11 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 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. Contract for Professional Services Page 5 of 11 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. 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. Contract for Professional Services Page 6 of 11 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. 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; Contract for Professional Services Page 7 of 11 (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. 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 Contract for Professional Services Page 8 of 11 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 contract or 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. 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. Contract for Professional Services Page 9 of 11 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.htm1. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Contract for Professional Services Page 10 of 11 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 Jeff H. Edmonds, P.E. Date James L. Urban, P.E. Date Director of Engineering Services 2725 Swantner Corpus Christi Corpus Christi, Texas 78404 (361) 854-3101 Office Jimu@urbaneng.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Accounting Account Fund Name Unit No. Activity No. Amount WW 2013 Rev Bond 4252-064 550950 E10043-01-4252-EXP $578,396.00 Total $578,396.00 Contract for Professional Services Page 11 of 11 URBAN Job No. 16445.8800 ENGINEERING June 28 2018 Rev2 TRANSMITTED VIA EMAIL AND ORIGINAL MAILED Mr. Jeff Edwards, P.E. Director of Capital Programs City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Subject: Allison WWTP Lift Station and Plant Improvements City Project No. E10043 Dear Jeff: We presently have an AIE Contract to provide engineering services for the subject project. This project involves major rehabilitation to the existing Allison WWTP. Due to influent loadings to the Allison WWTP from a meat packing plant and resulting issues with plant operations and meeting TCEQ ammonia nitrogen limits we, as a part of our present AE contract, identified alternatives to improve nitrification compliance at the plant and provided a technical memorandum to the City with a proposed solution (Technical Memorandum —Allison WWTP Nitrification Study dated March 30, 2018). City staff has indicated that they want to pursue the recommended modifications of the existing treatment plant to the IFAS treatment process. The existing plant has two separate aeration basins, the West Aeration Basin and East Aeration Basin, and it is proposed, due to budget considerations, that only the West Aeration Basin be converted to the IFAS system. Preliminary indications are that converting just the West Aeration Basin will provide the results necessary (this is planned to be confirmed with modeling) and that there are no major issues with operating the two East and West treatment trains as separate treatment processes. It is also proposed that the four existing multistage blowers be replaced with new blowers. The replacement of the blowers is not in our original scope of rehab work (developed in 2015) or the AE contract. The existing blowers were installed in the 1984 expansion and are beginning to have breakdowns. We are proposing to replace the existing blowers for the following reasons: 1. Due to age of the blowers (34 years old) and recent breakdowns. 2. Different air requirements for the conversion to the IFAS system. 3. To provide a more energy efficient blower and blower control system. New blowers for the aeration basins are planned to have adjustable air output and controlled by proposed blower control system and new instrumentation in the West Aeration Basin. (361)854-3101 2725 SwANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urboneng.com TBPE Firm#145 EXHIBIT A TBPLS Firm#10032400 Page 1 of 7 With the replacement of the existing blowers it is also proposed to construct a new Blower Building to house the proposed blower improvements. The existing Blower Building was constructed in 1984 and contains four multistage blowers. It is likely that the new blowers will be geared turbo blowers which takes up more space than the existing multi-stage. A new Blower Building will allow the most efficient arrangement of blowers to serve the plant. Proposed location of the new building is south of the existing Blower Building and at or outside of existing fence line. Existing fence will have to be reconstructed around the new building and access pavement. This area will require survey work to determine existing conditions and topography since it is outside of the plant site. It is also proposed that a soil boring be provided at the new building site and utilizing the City's on-call geo-tech services. This will be coordinated during the design phase. The overall scope for the proposed project is to design the following improvements: • Upgrade the existing West Aeration Basins with Integrated Fixed-Film Activated Sludge (IFAS) treatment system. • Provide a new Blower Building with the most efficient arrangement and type of new blowers to serve the new West Aeration Basin IFAS system, existing East Aeration Basin and existing Aerobic Digesters. • Modify the existing air supply system into the West Aeration Basins to meet the new air requirements. • Provide instrumentation and automation for monitoring of the aeration treatment process and for operation of the aeration/blower system. A more detailed list of the proposed engineering services is provided in the attached Attachment A — Scope of Services. Attachment A also includes Additional Services that are described in detail. This additional design work will be incorporated into the existing contractual work to provide one set of plans and specifications and to be bid out as one project. Adding this work will obviously have an impact on the completion of the design of the original scoped project. The following is an updated schedule to show inclusion of the IFAS improvements with the overall project. Day Date Activit Tuesday July 31, 2018 NTP Friday September 28, 2018 Draft Design Memo Submittal Thursday October 18, 2018 City Draft Design Memo Review Friday November 16, 2018 Final Design Memo Submittal Friday January 4, 2019 60% Design Submittal Thursday January 24, 2019 City Review Monday April 8, 2019 100% Design Submittal Thursday May 2, 2019 City Review Friday May 24, 2019 Final Submittal Monday June 3, 2019 Advertise for Bids Tuesday June 18, 2019 Pre-Bid Conference Wednesday July 3, 2019 Receive Bids Tuesday August 13, 2019 Contract Award Thursday September 12, 2019 Begin Construction TBD Complete Construction EXHIBIT A Page 2 of 7 Jeff Edwards, P.E. June 28, 2018 Page 3 of 3 We are now requesting an amendment to our present AE Contract to include the additional work noted above and described in Attachment W. Our engineering services include work by Freese and Nichols, our technical sub-consultant for this project, and Bath Engineering, for electrical design. We propose to perform the engineering services indicated above for an additional fee as provided on the following: Fee for Basic Services 1. Preliminary Phase $91,710 2. Design Phase $278,180 3. Bid Phase $6,940 4. Construction Phase $42,870 Subtotal Basic Services Fees $419,700 Fee for Additional Services (Allowance) 3. Topographic Survey $2,500 11. Plant Comprehensive O&M Manual $68,640 12. Influent Sampling and Characterization $23,735 13. Treatment Process Modeling $30,745 14. New Blower Building Windstorm Certificate $7,035 15. IFAS Operations Workshops $13,982 16. IFAS WWTP Field Visits $12,059 Sub-Total Additional Services $158,696 Total Authorized Fee $578,396 In summary, attached are the following: 1. Attachment A — Scope of Work 2. Updated Summary of Fees (Original plus Amendments) 3. Manhour Breakdown of proposed fee amendment 4. Sub-Consultant's Freese and Nichols and Bath Engineering breakdowns of fee amendment. Please review and let me know if any questions. We will be happy to sit down with staff and discuss at your earliest convenience. If acceptable, please have an AE fee Amendment No. 3 to the Contract processed. Sincerely, URBAN ENGINEERING L 04 Mark Maroney, MMI Enclosure xc: Pablo Martinez, P.E. —Project Manager w/encl. via email EXHIBIT A Page 3of7 ATTACHMENT A — SCOPE OF SERVICES IFAS DESIGN (Integrated Fixed Film Activated Sludge System) Allison WWTP I. BASIC SERVICES A. Preliminary Design Phase: 1. Perform site visits to the Allison WWTP 2. Provide the design, design calculations and information to include in a draft and a final Design Memorandum(DM)detailing the following. a. IFAS treatment system design for the West Aeration Basins including maintenance considerations. b. Hydraulic calculations through the West Aeration Basins with the new IFAS equipment. c. IFAS air demand and requirements for all anticipated future Allison WWTP process improvements. d. New blower design(type,size number of blowers)and electrical requirements. e. Recommended instrumentation and automation for secondary treatment process operation. f. Recommendation for new air system in East Aeration Basins. 3. Provide conceptual layouts of proposed IFAS system,blower building and instrumentation locations to include in the Design Memorandum. 4. Provide list of anticipated specification sections. 5. Provide an Engineer's Opinion of Probable Construction (EOPCC) for the proposed improvements with the Design Memorandum as part of the Preliminary Design. 6. Participate in review meetings of the draft and Final Design Memorandum. 7. Provide coordination for new Blower Building of survey work site and for geotechnical services utilizing the City's on-call geotechnical services. B. Final Design Phase: 1. Prepare drawings for 60%,90%and 100%Design of the following items and to incorporate into the original engineering services contractual work. a. Process and instrumentation and control modifications to the West Aeration Basins for the IFAS treatment system and proposed Process and Instrumentation Diagram. b. Structural modifications(if any)to the West Aeration Basins to accommodate the new IFAS equipment and requisite process improvements. c. New Blower Building with new blowers (new Blower Building is anticipated to be located on the south side of the plant, existing fencing will be to be relocated to go around the new building and driveways) d. Architectural elements for the new Blower Building EXHIBIT A Page 4 of 7 2. Prepare technical specifications for the 60%, 90%and 100%Design deliverables for the following items: a. IFAS equipment b. Instrumentation and Controls c. New blowers and accessories. d. New air piping e. New Blower Building 3. Coordinate with vendors to obtain equipment costs to be used for the Estimate of Probable Construction Cost for the recommended IFAS configuration and blower arrangement. 4. Participate in up to two review meetings of the 60%and 90%or 100%Design submittals with City staff. C. Bid Phase Refer to original and past amendments to AE Engineering Contract. D. Construction Phase Refer to original and past amendments to AE Engineering Contract. II. ADDITIONAL SERVICES A. Plant Operation and Maintenance(O&M)Manual: Prepare and provide a comprehensive facility Operation and Maintenance Manual for the Allison WWTP to meet the requirements outlined in TCEQ Sub-Chapter A, Item 217.16 of Chapter 217 Design Criteria For Domestic Wastewater Systems. The last manual prepared for the plant was prepared in 1986. This manual will be an updated manual that will cover the existing plant, several projects that have been completed since 1984 and the new IFAS treatment process being designed as a part of this Amendment No.3. Manual will be prepared as a hard copy for preliminary review by the City. After initial review,city comments will be incorporated and a draft PDF electronic manual will be prepared for City review. Final submission will be three sets of printed documents and a CD with the electronic PDF file. The PDF file will be able to be downloaded and used on any of the City's computer that has Adobe reader program. Sections and referenced pages will be bookmarked for easy access. City must keep a copy of the O&M manual at the treatment plant site per TCEQ requirements B. Windstorm Certification. Provide engineering services to obtain windstorm certification on the new Blower Building and for the new Electrical Control Room including preparation of a WPI-1 for each building. The buildings will be inspected during the construction phase by a Texas Licensed Professional Engineer approved by the Texas Department of Insurance. At completion of the construction provide a WPI-2-BC-5 Inspection Verification Form and obtain the WPI-8 Windstorm Certificate. C. Influent Sampling and Characterization.Perform two separate water quality sampling and analysis campaigns, each lasting two-weeks in duration, to fully characterize the influent organic(e.g. chemical oxygen demand and volatile suspended solids)and inorganic/industrial loading (e.g. ammonia, sulfide, benzene, inorganic suspended solids) fractions. The EXHIBIT A Page 5 of 7 characterization will be performed upstream and downstream of Kane Beef's connection with the collection system. The data from the sampling campaigns will be used in a whole-plant process model. The sampling campaigns are intended to provide an accurate influent characterization and are not intended to calibrate the process model since the treatment plant will change significantly as a result of the proposed improvements. This task includes manpower to gather the samples, delivering to a laboratory for analysis and paying for performing the analysis. D. IFAS Treatment Process Modeling. Gather data for input and perform BioWin process modeling for up to three different IFAS operational configurations for the current and anticipated permit limits. The proprietary BioWin software is a computer-generated wastewater treatment process simulator. The modeling will be used to fine tune the IFAS design for the West Aeration Basin and evaluate the impact of East/West Aeration Basins flow splits,return sludge rates, operating MLSS,DO requirements per zone, and secondary effluent quality for the existing aeration basins and final clarifier configuration and provide a recommendation for the operating strategy. This modeling will also help with exploring the strategy for the most efficient operation of the plant modifications. E. IFAS Operations Workshops Coordinate and conduct up to two Operations Workshops (maximum of 4 hours each) with City and Plant staff during the Construction Phase to help facilitate operational transition to the new IFAS secondary treatment process configuration. Workshops will be performed on the plant site. F. IFAS WWTP Field Visits. Locate existing plants with the IFAS treatment process in operation, coordinate a visit for the design team and with City staff. Visit will be to observe the IFAS treatment process in action and discuss the operations with that plant's staff. EXHIBIT A Page 6 of 7 AMENDMENT NO. 3 - IFAS TREATMENT SYSTEM ALLISON WWTP LIFT STATION AND PLANT IMPROVEMENTS (#E10043) Urban Engineering (T13PE #145) June 28, 2018. Rev2 SUMMARY OF FEES Original Amendment Amendment Amendment Contract No. 1 No. 2 No. 3 TOTAL Fee for Basic Services 1. Preliminary Phase $35,000.00 $7,500.00 $60,540.00 $91,710.00 194,750.00 2. Design Phase 150,000.00 32,100.00 265,540.00 278,180.00 725,820.00 3. Bid Phase 8,600.00 1,800.00 14,962.00 6,940.00 32,302.00 4. Construction Phase 38,300.00 8,200.00 68,158.00 42,870.00 157,528.00 Subtotal Basic Services Fees 231,900.00 49,600.00 409,200.00 419,700.00 1,110,400.00 Fee for Additional Services Allowance 1. Permit Preparation as applicable) 0.00 0.00 0.00 0.00 0.00 2. ROW Acquisition Survey 0.00 0.00 0.00 0.00 0.00 3. Topographic Surve \Field Investigation 0.00 0.00 18,400.00 2,500.00 20,900.00 4. Construction Observation Services 0.00 0.00 0.00 0.00 0.00 5. Start-up Services 8,000.00 0.00 7,900.00 0.00 15,900.00 6. Warranty Phase 4,120.00 0.00 3,200.00 0.00 7,320.00 7. Nitrification/Process Prel. Design 0.00 0.00 56,465.00 0.00 56,465.00 8. Surcharge Rate Analysis 0.00 0.00 76,130.00 0.00 76,130.00 9. Elect. & Instru. Standards & Doc 0.00 0.00 37,107.00 0.00 37,107.00 10. Blower Economic Evaluation 0.00 0.00 10,500.00 0.00 10,500.00 11. Plant Comprehensive O&M Manual 0.00 0.00 0.00 68,640.00 68,640.00 12. Influent Sampling &Characterization 0.00 0.00 0.00 23,735.00 23,735.00 13. Treatment Process Modeling 0.00 0.00 0.00 30,745.00 30,745.00 14. New Blower Bldg. Windstorm Cert. 0.00 0.00 0.00 7,035.00 71035.00 15. IFAS Operations Workshops 0.00 0.00 0.00 13,982.00 13,982.00 16. IFAS WWTP Field Visits 0.00 0.00 0.00 12,059.00 12,059.00 Sub-Total Additional Services 12,120.00 0.00 209,702.00 158,696.00 380,518.00 Total Authorized Fee $244,020.00 $49,600.00 $618,902.00 $578,396.00 $1,490,918.00 Council Appvl Admin 12/16/14 Approval Council Appvl S:\Projects\15000UP\16445\B800IFAS\Fee Summary 06-28-18 Rev2 EXHIBIT A Page 7 of 7 a) p Q Q 0 0 0 0 0 0 0 0 0 0 0 0 _ O O O O M O o 0 m m m LO M LO O d Q 0 0 0 0 0 LO 0 0 ~ ~ ~ O O O M E sco iO LO M N M N U Nd O o U a� LU -0 fl � Q (1) O O O O O O O O Q Q Q O O O O E E D O O 00 O o 0 o m m m o 0 0 0 `E (D (1) = 0 0 0 0 0 0 o ti F- F- F ti o I` ti 0 Of V 64 O LO O LO O N N LO �t 0 _ Lf) I-- L() I-- L() CO N O) 6 Ldl It Ldl 4' ami I E R 69 69 09 Ef? Ef? 69 Ef} Ef} 69 69 � m O O O O O o 0 o 0 0 0 0 O O O 0 0 0 0 0 O O O m m m 0 O O O - 000000 O O O F- F- F- O 000 O '5 00 O 63 H? O O 63 09 O 00 0� LQ LQ LO LO LO LO0 F- > r r N 69 C\ 69 C7 ka 09 09 ka ca O O O O O o 0 o 0 0 0 0 O O O N O O O O O O O O m m m 0 O O O 7 0 0 0 0 0 0 0 0 ♦— ♦— ♦— 0 O O O O .v O O 63 63 O 69 69 69 64 O 69 O '> O O Lf) Ln Ln Ln > 69 W � 63 69 63 Efl a - O O O O O O O O Q Q Q O O O O 9 0 0 0 00 0 o m m m o O O O 00000 GOOF- F- F- O 000 LU i > 10 09 63 0 0 69 69, O o0 0 O F- XleN CD U X N T- O O O O O O O O p p p 0 O O O E w X o 9 0 0 0 0 0 0 0 00 00 00 0 0 0 0 0 0 0 0 0 0 0 1-- ti o ti ti m 0 0 0 0 0 0 0 0 0 O N N Iq LO le O O O I'- LO N O r Co Il- N I- a) a) a Z d "�'' Hp M S M 00 N 00 � N LV d U61)-6F� 6F? 6F} 6F- 69 69 60- E9 K-} 6F� 'r, � .� 0 t J a C 'U N O O 99 O O O O Q Q Q O O O O a) a >> 000000 001-- � � � 1-- 0r- r-- � a C Z 63 69 Ln O Ln 09 09 N N Ln N r-- 0 �0 — ,O CVS O N CO CO N CO 00 U U E 6q 69 64 6a 69 64 6- o 0 0 00 0 O O O Q Q Q O O O O m 0 0 0 0 0 0 0 o m m m o 0 0 0 000000 000E- F- F- 0 000 Z 63 O 63 63 O 69 N 64 N O N N O CZ O O O � U O E 63 69 69 64 63 69 69 -4-- 0 O O O O O O O O Q Q Q O O O O O O 9 0 0 0 0 0 0 o m m m o 0 0 9 a 00000 000E- F- F- 0 000 L 0 0 0 0 0 O 69 69 O O O O = 0 0 Ln Ln O O O O O O L O W N N CO N N CO N 00 O U 63 64 Efl 69 63 63 64 69 Q9 O U �- cB i U OU U) M N > a) (� U a) a) a) > d Cf) N U- Cf) a) N N V cv to a) a) L N ca d LL U d L a) d U CO w � O LL cn L N a N d Co 0O ca _0 O U u) w ai d (Q d a) U CO C � a O m Q N (B � a fn crs cv O c � 0 Q crs c a) U 0 E � � N O �' � � a) � � Q 0 E U � y N � N to c - " L Q +. Q .� � 4�., a) m a) O = a� u� cv °� U cv O O cz cB m IL p m U U) Q d d 0 CO CO fn m Q F- Z Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 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 SUPPLIER NUMBER TO BE ASSIGNED BY CTTY- PURCHASING DIVISION rrrr►� 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 applica le, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P.O.BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official' of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT "E" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Page 2 of 2 se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of August 14, 2018 1852 Action Item for the City Council Meeting of August 21, 2018 DATE: August 14, 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 Emulsion Oil (SS-1H) for Street Operations CAPTION: Motion authorizing a three-year supply agreement with Ergon Asphalt & Emulsions Inc., of Austin, Texas, for the purchase of emulsion oil (ss-1h), for the total amount not to exceed $328,366.50. PURPOSE: This item is to approve the purchase of emulsion oil (ss-1 h) for Street Operations. BACKGROUND AND FINDINGS: The ss-1 h emulsion oil is used by Street Services as a tack-coat for asphalt street repair. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received one bid due to the limited number of suppliers in the area for this material. Staff recommends award to Ergon Asphalt & Emulsions Inc. 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 ,219,864.70 $0.00 $1 ,219,864.70 This item $18,242.58 $310,123.92 $328,366.50 BALANCE $830,073.72 $5,549,722.25 $6,379,795.97 Fund(s): Street Maintenance Fund 1041 Comments: The initial Contract term total is $328,366.50.00 for 36 months, of which $18,242.58 is funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Purchasing Division City of Corpus Christi Bid Tabulation Bid No: 1656 Buyer: Cynthia Perez Emulsion Oil SS-1 H for Street Operations Ergon Asphalt& Emulsions, Inc. Austin, Texas 3-YR- ITEM DESCRIPTION UNIT QTY JUNITPRICE TOTAL PRICE Emulsion Oil (SS-1) Gallonsl 105,000 1 $3.1273 $328,366.50 TOTAL $328,366.50 i i so SUPPLY AGREEMENT NO. 1656 U Emulsion Oil (SS-1) for Street Operations 1852 j THIS Emulsion Oil (SS-1) 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 Ergon Asphalt & Emulsions, Inc ("Supplier'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Emulsion Oil (SS-1) for Street Operations in I response to Request for Bid No. 1656 ("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 Emulsion Oil (SS-1 ) 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 I' g p Y Y 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. Compensation 3. and Payment. The total value of this Agreement is not to exceed Y g $328,366.50, subject to approved extensions and changes. Paymentwill 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 ("COl"), 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. 1 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. i (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 if 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 I I 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 3oth 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. 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 i Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 i I -- ------ ---- --------- . 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: Ergon Asphalt & Emulsions, Inc. Attn: David Stroud Title: TX Regional Manager Address: 1 1612 RM 2244, Bldg.1, Ste.250, Austin, Texas 78738 Phone: (512) 469-9292 Fax: (512) 469-0391 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 j DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL j 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 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 9 9 p , 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 E 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) I 3 i I I Supply Agreement Standard Form Page b of 7 Approved as to Legal Form 12/15/17 SUPPLIER Signature: Printed Name: 7 rz.,Ugs-t� Slij 114,J J Title: ze� � 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. 1656 i Exhibit 2: Supplier's Bid Response Supply Agreement standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 I i i Attachment A-Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide emulsion oil (ss-1) to be used for repair and maintenance projects throughout the City as outlined in this Scope of Work. I 1.2 Scope of Work The emulsion oil (ss-1) shall meet TXDOT Specification Item 300, of the 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. The emulsion oil (ss-1 ) shall 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 Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. i k� 4E Attachment B - Bid/Pricing Sci�ed,ule a CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1656 Emulsion Oil (SS-1) for Street Operations PAGE 1 OF 1 Date: .TUNE 12, 2018 Authorized Bidder: ERGON ASPHALT & EMULSIONS, Signature: INC. DAVID STROUD 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 RFS. 4. Bidders must teat;rn�r�te`giver o�reilse tFe bicEiorrn Bi? ders;will be considered fon Resonsiv+ ifhebid formxisUmodl Item DescriptionUN[T 3-Yr. Unit Price Total Price'. . . 1 Emulsion Oil SS-1 Gallons 105,000 $3.1273 $ 328,365.50 Total $328,366.50 I ALTERNATIVELY, ERGON ASPHALT & EMULSIONS, I.C. WILL OFFER A DELIVERED PRICE OF $2.4773/GALLON FOR SIX MONTHS, WITH THE OPTION TO REVIEW AND ADJUST OUR PRICING (UP OR DOWN) EVERY SIX MONTHS DUE TO THE INSTABILITY AND VOLATILITY OF THE ASPHALT MARKET. THIS BID IS FOR FULL TRANSPORT LOADS OF 5,500 GALLONS. FREIGHT IS BASED. ON A FULL TRANSPORT LOAD, EVEN IF A FULL LOAD Ov *.ATERIAL IS NOT ORDERED. THE COMMON j CARRIER BILLS DEMURRAGE AT $80.00 PER HOUR, AFTER THE SECOND HOUR. RETURN FREIGHT IS ONE-HALF OF THE OUTGOING TARIFF. PUMP AND HOSE CHARGE IS $90.00 PER LOAD. Attachment C -Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. I 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 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 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 Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted doing business in the State of Texas and with an A.M. Best's rating of no less than A- VII. E C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of E 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 i I ......... --- ............... ...-- ----------- ..... -- 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 Contractors or its subcontractor's performance of the work covered under this contract. / N. 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. 1. It is understood and agreed That the insurance required is in addition to and separate from any other obligation contained in this contract. i 2017 Insurance Requirements Purchasing Supply and Delivery of Emulsion Oil for City Wide Repair and Maintenance Projects 04/24/2018 sw Risk Management Valid Through 12/31/2018 i i E i i i Attachment D - Warranty Requirements No warranty requirements necessary for this supply agreement; Section 8. Warranty is null for this supply agreement. i I i i I I I 1 3 i se GO O Va. U AGENDA MEMORANDUM Future Item for the City Council Meeting of August 14, 2018 Nc1852Ev Action Item for the City Council Meeting August 21, 2018 DATE: August 8, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities Dane c(-).cctexas.com (361) 826-1718 Interlocal Agreement for Water Line Improvements CAPTION: Resolution authorizing an Interlocal Agreement with San Patricio Municipal Water District for water line improvements. PURPOSE: This item is to approve the Interlocal Agreement with San Patricio Municipal Water District (SPMWD)for design services for water line improvements related the installation of water pipeline for the Gulf Coast Growth Venture PET Plant to be built outside Gregory city limits in San Patricio County, Texas. BACKGROUND AND FINDINGS: The City of Corpus Christi has a wholesale agreement with SPMWD to provide potable water. This agreement will be amended to provide additional quantities of treated water to SPMWD for them to sell to Gulf Coast Growth Venture (GCGV). A water pipeline which will tie in the City's treated water system will be built to transport treated water to the GSGV plant site west of Gregory. SPMWD has hired J. Schwarz & Associates (JSA) to provide all engineering services related to this new water pipeline. In conjunction with this new water pipeline project, the City has requested that SPMWD replace an existing 20" cast iron water pipeline and decommission an existing 30" cast iron water pipeline, reconnecting with a new waterline that will loop all of the water connections from the 30" water pipeline. ALTERNATIVES: Do not replace or decommission existing cast iron water pipelines. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Utilities Department - Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget $257,800 $257,800 Encumbered / Expended Amount $0 $0 This item $0 $0 BALANCE $257,800 $257,800 Fund(s): Water Fund 4010 Comments: none RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement Ex A: Agreement for Professional Engineering Services Ex B: Aerial Map Resolution authorizing an Interlocal Cooperation Agreement with San Patricio Municipal Water District for water line improvements. WHEREAS, Section 791 .035 of the Texas Government Code states that a local government and municipal water district may contract with one another to perform any governmental functions and services; and WHEREAS, the San Patricio Municipal Water District ("SPMWD") has entered into an Agreement for Professional Engineering Services with J. Schwarz & Associates, a professional engineer located in Corpus Christi, Texas to design a 54"-48" treated water pipeline to connect to the City's treated water system near the O.N. Stevens Treated Water Plant and travel approximately 23 miles to the Gulf Coast Growth Ventures future plant site located west of Gregory ("GCGV Project"); and WHEREAS, in connection with the GCGV Project, the City desires to enter into an Interlocal Cooperation Agreement with SPMWD for the District to design and engineer approximately three miles of new 24" pvc treated water pipeline for the City and to decommission approximately six miles of old 30" cast iron water pipeline so that the City can better accommodate the sale and transfer of additional quantities of treated water to SPMWD for the GCGV Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute an Interlocal Cooperation Agreement with San Patricio Municipal Water District to design and provide engineering services for a new 24" pvc treated water line and to decommission an existing 30" cast iron water line and other work related thereto as more particularly described in the Interlocal Cooperation Agreement between the City and SPMWD attached hereto as Exhibit "A." Section 2. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Everett Roy EXHIBIT"A" INTERLOCAL COOPERATIONAGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE SAN PATRICIO MUNIICIPAL WATER DISTRICT FOR WATER LINE IMPROVEMENTS THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by and between the CITY OF CORPUS CHRISTI,TEXAS("City"),a municipal corporation and home-rule city of the State of Texas, acting by and through its governing body, the City Council, and the SAN PATRICIO MUNICIPAL WATER DISTRICT, a political subdivision of the State of Texas, duly created by the Legislature of Texas ("District"). WHEREAS, the City owns and operates a regional water supply system that provides potable water to municipal customers, as well as, wholesale customers like the District; and WHEREAS, by separate agreement, the City will enter into an amended water supply agreement with the District to provide additional quantities of treated water to the District which the District will sell to the Gulf Coast Growth Venture ("GCGV") PET Plant to be built outside Gregory city limits in San Patricio County, Texas; and WHEREAS,the District will design and build a new 54"to 48"water pipeline which will tie into the City's treated water system located near the O.N. Stevens Water Treatment Plant in Corpus Christi, Texas and terminate at the GCGV plant site west of Gregory; and WHEREAS, on June 19, 2017, the District entered into an agreement with J. Schwarz & Associates,Inc., a professional engineer located in Corpus Christi, Texas("Engineer")to provide all engineering services related to the design of a 54"to 48"water pipeline and related facilities running from the City's treated water system to the GCGV plant site west of Gregory(hereinafter the "Project"); and WHEREAS,in connection with the District's plans to build a new 54"to 48"treated water pipeline, the City has requested the District to design and build a new 24" pvc treated water pipeline to replace an existing 20" cast iron pipeline on Up River Road in Corpus Christi, Texas, the same being more particularly described in the Agreement for Professional Engineering Services attached hereto as Exhibit "A" and as depicted in the aerial maps attached hereto as Exhibit"B;" and WHEREAS, the District will also decommission an existing 30-inch cast iron waterline owned by the City which will no longer be needed and the District will design and build an 8" pvc water line to loop all of the disconnected water connections from the 30" cast iron line, the same being more particularly described in the Agreement attached hereto as Exhibit "A" and as depicted in the aerial maps attached hereto as Exhibits "B" and "C." Interlocal Agreement Between City and SPMWD 1 WHEREAS, the District will enter into a Second Agreement for Professional Engineering Services and Construction Administration Services with J. Schwarz & Associates, Inc. (hereinafter the "Second Agreement") for the 24" Up River Road Waterline Project and the 30" Transmission Waterline Decommission Project, the same being more particularly described in the Agreement attached hereto as Exhibit "A;" and WHEREAS, all engineering plans, specifications and construction administration services associated with the work described in the Second Agreement will be designed and performed in accordance with American Water Works Association ("AWWA") specifications and all other applicable State, Federal and Municipal rules, regulations and specifications for water pipeline design and construction; and WHEREAS, the District shall provide the City with copies of the Engineer's designs, drawings,plans, specifications and other documents related to the 24"Up River Road Waterline Project and the 30" Transmission Waterline Decommission Project ("City's Project") for the City's review in electronic, digital and printed format as requested by City; and WHEREAS, the City will reimburse the District for all costs associated with the design and engineering of the City's Project as further described in Exhibit "A" attached hereto and in accordance with the terms set forth in this Interlocal Agreement; and WHEREAS, this Agreement is made pursuant to Chapter 791, Texas Government Code; and WHEREAS, all payments due and owing under this Agreement shall be paid with current revenues available to the City or the District. NOW, THEREFORE, the City of Corpus Christi, Texas and the San Patricio Municipal Water District hereby agree as follows: SECTION I. PROJECT SCOPE. 1.01 The District will design and build a 54" to 48" treated water line to transport additional supplies of treated water from the City's Treated Water System at a location near the O.N. Stevens Water Treatment Plant to the GCGV Plant Site west of Gregory, Texas (the "Project"). 1.02 In connection with the Project, the District will enter into a Second Agreement for Professional Engineering Services with Engineer to design and engineer approximately 16,250 linear feet of 24" PVC treated water pipeline and to remove approximately 12,500 feet of existing 20" cast iron waterline as further described in the Agreement attached hereto as Exhibit "A." Interlocal Agreement Between City and SPMWD 2 1.03 The District will also contract with Engineer to decommission approximately 32,000 linear feet of existing 30-inch cast iron waterline in the City and prepare plans and specifications for approximately 5,650 linear feet of new 8" pvc waterline to loop the dead-end water connections as further described in the Agreement attached hereto as Exhibit "A." SECTION 2. OBLIGATIONS OF THE DISTRICT AND THE CITY. 2.01 The District shall enter into a Professional Engineering Services Agreement with J. Schwarz & Associates, Inc. ("Engineer") to perform all design and engineering services related to the 24"Up River Road Waterline Project and the 30"Transmission Waterline Decommission Project as further described in the Agreement attached hereto as Exhibit"A" (the"Second Agreement"). 2.02 The District shall provide the City with an executed copy of the Second Agreement with Engineer and the City agrees to provide all information in its possession which is reasonably needed by Engineer to design, engineer and administer the City's Project for the City. 2.03 The District will provide the City with originals or copies of all plans, designs, specifications and all other documents prepared by Engineer for the City's Project. The City will have a reasonable amount of time to review and comment on Engineer's plans, designs, specifications and other documents related to the City's Project prior to the District advertising the project for competitive sealed proposal or bid. 2.04 The District will direct Engineer to meet with City representatives to discuss the City's Project or requested changes to the plans and specifications for the City's Project as deemed necessary by City representatives. These meetings will not accrue additional charges from Engineer unless they involve additional work or special engineering services which are not covered by the Second Agreement between the District and the Engineer. 2.05 The District shall ensure that all engineering plans and specifications associated with the treated water lines for the City's Project are designed in accordance with American Water Works Association ("AWWA") specifications and all other applicable State, Federal and Municipal rules, regulations and specifications for water pipeline design and construction 2.06 The District shall require Engineer to carry a minimum of$1,000,000.00 professional liability insurance for this Project with a reputable Insurance Carrier licensed to write professional liability insurance policies in the State of Texas. This policy shall include a waiver of subrogation endorsement in favor of the District and the City. The District shall also require the Engineer to provide copies of current Automobile Interlocal Agreement Between City and SPMWD 3 Liability coverage and Workers Compensation coverage as may be required by the State of Texas for this Project. The District shall provide copies of Engineer's Certificate of Insurance and policy endorsements for this Project to the City upon execution of this Agreement. 2.07 The City will reimburse the District for all fees charged by Engineer related to the Engineer's design, plans and specifications of the City's Project as further described in the Agreement attached hereto as Exhibit"A." The District will invoice the City for Engineer's fees on the City's Project and the City will pay said invoice within sixty(60) days of receipt. Should the City dispute any costs or charges from District associated with the Engineer's work on the City's Project, the District and City shall work to resolve said questions or disputes as quickly as possible. 2.08 Upon Engineer's completion of the work on the City's Project and upon final payment from City to the District for the design and engineering work on the City's Project, the District shall transfer a copy of all final plans, designs, specifications or other documents prepared by Engineer for the City's Project to the City's designated representative by means designated by the City. SECTION 3. TERM OFAGREEMENT 3.01 This Agreement shall become effective upon the date last signed by the parties hereto and shall remain in full force and effect until the Engineer's work is completed, the District transfers copies of the Engineers plans, designs, specifications and other related documents for the City's Project to the City of Corpus Christi and final payment for the work set out in the Agreement attached hereto as Exhibit "A" has been made. However, Section 5 of this Agreement shall survive termination of this Agreement. SECTION 4. DEFAULT 4.01 If either party determines that the other party is in default under this Agreement, the party claiming default by the other party shall give written notice to the other party, which states the nature of the default. The notice must be delivered to the defaulting party in accordance with the Notice provisions contained herein. The defaulting party shall have thirty (30) days to cure the default, or if such default cannot be reasonably cured within said thirty (30) day period, the defaulting party shall use reasonable efforts to cure the default as soon as possible. 4.02 If the defaulting party does not cure the default and reimburse the party not in default for any and all costs incurred as a result of the default within thirty (30)days, or if the default cannot be reasonably cured within a thirty (30) day period, and the defaulting party does not use reasonable efforts to cure the default and reimburse the party not in default for any and all costs incurred as a result of the default, the party claiming default may terminate this Agreement and seek any remedy available at law or in Interlocal Agreement Between City and SPMWD 4 equity, including an action in mandamus or for specific performance. SECTION 5. INDEMNIFICATION 5.01 District agrees to indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents and employees ("Indemnitee") from and against any and all claims, damages, losses or expenses, including but not limited to Attorney's fees, court costs, or dispute resolution costs, arising out of or resulting from District's obligations under this Agreement or District's performance of the work, violations of the law, or bodily injury, death, or destruction of tangible property caused by the negligent acts or omissions or intentional acts or omissions of the District or Engineers, Contractors, Subcontractors or Consultants working for the District or under the control of the District. Provided, however, nothing herein shall be construed to require District to indemnify Indemnitee against a claim, loss, damage or expense caused by the sole negligence or fault of Indemnitee. 5.02 District shall defend Indemnitee with legal 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 solely on the negligence or intentional act wrongful act of 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. SECTION 6. MISCELLANEOUS. 6.01 Amendment. This Interlocal Agreement may be amended only by written instrument duly executed by authorized representatives of each party. 6.02 Notices. Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, or(c)by a commercial overnight courier that guarantees next day delivery and provides a receipt, and such notices shall be addressed as follows: San Patricio Municipal Water District Attn: General Manager P.O. Box 940 Ingleside, Texas 78362 City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 Interlocal Agreement Between City and SPMWD 5 6.03 Severability. Any provision or part of this Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon District and City, who agree that this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 6.04 Non-Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein orto exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered awaiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 6.05 Governing Law and Venue. This Agreement shall be performed in Nueces County, Texas, and shall be interpreted according to the laws of the State of Texas. 6.06 Assignment. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. IN WITNESS HEREOF, the City and the District have made and executed this Agreement as of the date shown below in multiple copies, each of which is an original. SAN PATRICIO MUNICIPAL CITY OF CORPUS CHRISTI WATER DISTRICT Name: Name: Title: Title: Date: Date: ATTEST: Rebecca Huerta,City Secretary (Date) Interlocal Agreement Between City and SPMWD 6 APPROVED AS TO FORM: APPROVED AS TO LEGAL FORM: (Date) Assistant City Attorney Interlocal Agreement Between City and SPMWD 7 EXHIBIT"A" AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES 24" UP RIVER ROAD WATERLINE PROJECT 30" TRANSMISSION WATERLINE DECOMMISSION PROJECT JSA PROJECT#2018033 SAN PATRICIO MUNICIPAL WATER DISTRICT San Patricio Municipal Water District hereinafter called "OWNER" and J. Schwarz & Associates, Inc. (F-8138), hereinafter called "ENGINEER", whether one or more, have this day of , entered into this agreement("Agreement") and agree as follows: 1.0 BASIC AGREEMENT 1.1 Project Description: ENGINEER hereby agrees to perform all engineering services as specifically noted herein for the proper design and construction administration for the completion of the "24" Up River Road Waterline Project and 30" Transmission Waterline Decommission Project" (the "Project"). The 24" Up River Road Waterline Project consists of the installation of approximately 16,250 linear feet of 24" PVC waterline. The new 24" waterline will replace an existing 20" cast iron waterline that currently runs along Up River Road. The waterline route will begin at intersection of Sharpsburg Road and Up River Road, continue east along Up River Road until it crosses Interstate 37 at Sessions Road. The waterline will continue east on the south side of Interstate 37 to the intersection of McKinzie Road and Up River Road, where it will be connected to an existing 24" waterline. The project will include the removal of approximately 12,500 linear feet of existing 20" cast iron waterline. The proposed waterline will loop the new 54" and 48" waterline to San Patricio Municipal Water District to the existing City of Corpus Christi 24" Waterline located on McKinzie. Existing connections to approximately 15 different City of Corpus Christi distribution system waterlines will be required. The project will also require the reinstallation of affected fire hydrants and miscellaneous service connections. The 30" Transmission Waterline Decommission Waterline Project consists of the decommissioning of approximately 32,000 linear feet of existing 30" cast iron waterline beginning on the east side of 11137 directly east of the Cunningham Plant and continuing south and east along 11137 and Leopard Road to the intersection of Leopard Road and Rand Morgan Road. The decommissioning of this waterline will create dead end waterlines along the route that will need to be looped as part of the project. In order to eliminate the dead ends, approximately 5,650 linear feet of 8" PVC waterline will be installed. The decommissioning of the 30" waterline 1 will require approximately 29 separate disconnections where the line will be cut and capped in order to create a positive disconnection from the distribution system. The basic professional service components of the project scope are outlined in the attached Exhibit A—Project Scope. 1.2 Items Excluded from Scope of Services: Items that are not specifically mentioned and detailed in Exhibit A — Project Scope are not included in this contract. In the event that the scope changes, ENGINEER will work with OWNER to establish a new not to exceed limit based upon the level of completion performed as of the time of scope change with consideration of the prior work completed to date. Examples of such exclusions which may be required by OWNER in connection with this Project but are not included in this contract are: ■ Resident inspection during construction of the Project; ■ Construction phase geotechnical testing; ■ Construction phase environmental testing; • Construction phase corrosion engineering testing ■ As Built ground survey of project 1.3 ENGINEER shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by OWNER, or if required because of changes in the Project, ENGINEER shall furnish services in addition to those set forth above. OWNER shall pay ENGINEER for its services as set forth in Paragraph 5.0 Compensation. 1.4 ENGINEER shall complete its services within a reasonable time or within the following specific time period: 6 months from issuance of Notice to Proceed from OWNER. 2.0 PROJECT TEAM 2.1 A "Subcontractor" or "Subconsultant" is a person or entity who has a direct contract with ENGINEER to perform certain services for the Project. The term "Subcontractor" or "Subconsultant" does not include a separate contractor or subcontractors of any constructor. Each Subcontract related to part of the services performed by such Subcontractor or Subconsultant for the ENGINEER shall require that such services be performed in accordance with the requirements of this Agreement and require such Subcontractor or Subconsultant to carry and maintain insurance acceptable to OWNER and ENGINEER. 2.2 Professional Services: ENGINEER shall provide all services outlined in this Agreement in accordance with the terms of this Agreement and applicable law, as necessary to insure the Project is completed timely and efficiently consistent within the Project requirements, including,but not limited to, working in close interaction and interfacing with OWNER and its designated employees, and working closely with others, including other consultants or contractors retained by OWNER. 2 3.0 PROJECT SCHEDULE 3.1 ENGINEER shall furnish the documents and personally render or provide the services required by this Agreement in such sequence and at such times as may be necessary to insure the prompt and continuous design and construction of the Project. The term of the Agreement shall be from the date of execution to the date of final completion of all Project construction items and their acceptance by OWNER. 4.0 SUCCESSORS, ASSIGNS AND BENEFICIARIES 4.1 OWNER and ENGINEER are hereby bound and the successors, executors, administrators, and legal representatives of OWNER and ENGINEER (and to the extent permitted by Paragraph 4.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. 4.2 Neither OWNER nor ENGINEER may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 4.3 Unless expressly provided otherwise including, as expressly set forth in Paragraph 2.1 hereof, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by OWNER or ENGINEER to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 3 5.0 COMPENSATION 5.1 OWNER will pay to ENGINEER based on the attached rate schedule as follows: 1.0 Design Services: Basic Services - $ 194,600.00 Special Services - $ 24,000.00 2.0 Project Bid and Award: Basic Services - $ 11,200.00 3.0 Construction Administration: Basic Services - $ 28,000.00 Based on the fee schedule above, ENGINEER'S compensation for the Project, including those furnished by its Subconsultants or Subcontractors will not exceed a limit of$233,800.00 (basic services)and$24,000.00 (special services). Basic and special services provided by Subconsultants and Subcontractors shall be billed at a cost plus 8% basis. Exhibit B outlines the proposed resource allocation schedule for the Project. ENGINEER'S Standard Hourly Rate sheet, and subcontractor proposals are attached for reference. 5.2 Change in Scope of Project: The Compensation may be equitably adjusted if the originally contemplated Scope as outlined in Exhibit A — Project Scope is significantly modified. 5.3 Adjustments to Compensation require a written amendment to this Agreement executed by OWNER and ENGINEER and may require Board approval. 5.4 Additional services which are outside the Scope of the Project contained in the Agreement may not be performed by ENGINEER without prior written authorization from OWNER. 5.5 Notwithstanding the incorporation of the Exhibits to this Agreement by reference, should any conflict arise between the provisions of this Agreement and the provisions found in the Exhibits and accompanying attachments, the provisions of this Agreement shall take priority and govern the conduct of the parties. 6.0 PAYMENT PROCEDURES 6.1 ENGINEER shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to OWNER on a monthly basis. Invoices are due and payable within 30 days of receipt. If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after receipt of ENGINEER'S invoice, then the amounts due ENGINEER will be increased at the rate of 1.0%per 4 month(or the maximum rate of interest permitted by law, if less) from said thirtieth day. Payments will be credited first to interest and then to principal. 7.0 CONTRACT TERMINATION 7.1 The obligation to continue performance under this Agreement may be terminated: 7.1.1 For cause, 7.1.1.1 By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay ENGINEER for its services as set forth herein and in compliance with this Agreement is a substantial failure to perform and upon proper notice, a basis for termination. 7.1.1.2 By ENGINEER: 7.1.1.2.1 Upon seven days written notice if OWNER demands that ENGINEER furnish or perform services contrary to ENGINEER'S responsibilities as a licensed professional; or 7.1.1.2.2 Upon seven days written notice if ENGINEER's services for the Project are delayed for more than 90 days for reasons beyond ENGINEER'S control. 7.1.1.3 Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 7.1.1 if the party receiving such notice begins,within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 7.1.2 For convenience, by OWNER effective upon ENGINEER'S receipt of written notice from OWNER. 7.2 The terminating party under Paragraph 7.1 may set the effective date of termination at a time up to 30 days later than otherwise provided to allow ENGINEER to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. 5 7.3 In the event of any termination under Paragraph 7.1, ENGINEER will be entitled to invoice OWNER and to receive full payment for all undisputed services performed or furnished in accordance with this Agreement and all reasonable and reimbursable expenses incurred through the effective date of termination. 8.0 INSURANCE 8.1 ENGINEER, and each Subconsultant or Subcontractor providing services or materials associated with this Agreement shall maintain the following insurance coverages throughout the Project's duration: 8.1.1 Comprehensive General Liability insurance policy on Insurance Service Office (ISO)-CGL Form No. CG 00 01 11 85 or 88 in an amount of not less than $1,000,000 per occurrence, $2,000,000 aggregate for bodily injury, personal injury and property damage. OWNER shall be listed as additional insured and OWNER shall be provided thirty (30) days' notice of cancellation or material change in any insurance coverage; 8.1.2 Automobile Liability Insurance coverage, Insurance Services Office(ISO)code 1 (any auto)in the amount of$1,000,000 combined single limit per accident for bodily injury and property damage. OWNER shall be provided a waiver of subrogation; 8.1.3 Worker's Compensation Insurance for ENGINEER'S employees and employees and agents of ENGINEER'S agents and Subcontractors, as required by the Labor Code State and Employers Liability Insurance in the amount of, at least, $1,000,000 per accident, for bodily injury and disease. OWNER to be provided a waiver of subrogation; 8.1.4 A policy of errors and omissions insurance in a minimum amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate, to cover any negligent acts or omissions committed by ENGINEER, its employees and/or agents or ENGINEER's Subcontractors and agents and their employees and/or agents in the performance of this Agreement. 8.2 All insurance coverage shall be written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an AM Best's rating of no less than A-(VII) and must be acceptable to OWNER and OWNER shall be provided thirty (30) days' notice of cancellation or material change in any insurance coverage. 9.0 GENERAL CONSIDERATIONS 9.1 The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill 6 ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Subject to the foregoing standard of care, ENGINEER and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. 9.2 ENGINEER shall not at any time supervise, direct, control, or have authority over any contractor's work,nor shall ENGINEER have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. 9.3 This Agreement shall be governed and construed in accordance with the laws of the State of Texas, excluding any conflict of law or other provision referencing the laws of another jurisdiction. OWNER and ENGINEER each hereby submit to the exclusive jurisdiction of the federal and state courts located in San Patricio County, Texas. 9.4 ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between OWNER and such contractor. ENGINEER is not responsible for variations between actual construction bids or costs and ENGINEER'S opinions or estimates regarding construction costs. 9.5 Except for the Subcontractor and Subconsultants, described in Paragraph 2.1 herein, ENGINEER shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except ENGINEER'S own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by ENGINEER. 9.6 The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee unless the parties agree otherwise. 9.7 All documents prepared or furnished by ENGINEER (excluding all survey data), are instruments of service, and ENGINEER retains an ownership and property 7 interest(including the copyright and the right of reuse)in such documents, whether or not the Project is completed. OWNER shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of OWNER, subject to receipt by ENGINEER of payment for all services relating to preparation of the documents as set forth in this Agreement and subject to the following limitations: (1) OWNER acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by ENGINEER, or for use or reuse by OWNER or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by ENGINEER; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by ENGINEER, as appropriate for the specific purpose intended, will be at OWNER'S sole risk and without liability or legal exposure to ENGINEER or to its officers, directors, members, partners, agents, employees, and consultants; (3) OWNER shall indemnify and hold harmless ENGINEER and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any reuse, or modification of the documents without written verification, completion, or adaptation by ENGINEER; and (4) such limited license to OWNER shall not create any rights in third parties. 9.8 To the fullest extent permitted by law, OWNER and ENGINEER (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that ENGINEER'S total liability to OWNER under this Agreement shall be limited to$100,000.00 or the total amount of compensation received by ENGINEER, whichever is greater. 9.9 The parties acknowledge that ENGINEER'S scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If ENGINEER or any other party encounters a Hazardous Environmental Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until OWNER: retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition. 8 9.10 OWNER and ENGINEER agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 9.11 The standard of care for all professional and related services performed or furnished by ENGINEER under this Agreement will be performed with all necessary registrations, licenses, permits, or authorizations, and in a competent manner, in accordance with good engineering practices. This executed Agreement shall act as a representation and warranty to that effect. 9.12 ENGINEER shall comply with applicable federal, state and local laws, rules and regulations and with standards mandated by OWNER. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of this Agreement may be the basis for modifications to ENGINEER'S responsibilities and to the scope, schedule, and compensation of or for ENGINEER'S sei vices upon the prior written approval of OWNER. 9.13 ENGINEER shall not be requested to sign any documents, no matter by whom requested, that would result in ENGINEER'S having to certify, guarantee, or warrant the existence of conditions whose existence ENGINEER cannot ascertain and, within the scope of ENGINEER'S services hereunder, have not been and could not be ascertained. OWNER agrees not to make resolution of any dispute with the ENGINEER or payment of any amount due to the ENGINEER in any way contingent upon ENGINEER signing any such certification. 9.14 At any time, OWNER may request that ENGINEER, at OWNER'S sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those shown in the Agreement. 9.15 Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page, and given personally, or by registered or certified mail, postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 9.16 All express representations, indemnifications or limitations of liability included in this Agreement shall survive its completion or termination for any reason. 9.17 Any provision or part of this Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that this Agreement shall be reformed to replace such stricken provision or part thereof 9 with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.18 Non-enforcement of any provision of this Agreement by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 9.19 ENGINEER shall be responsible for the technical accuracy of its services, data, and Documents resulting there from, and OWNER shall not be responsible for discovering deficiencies therein. ENGINEER shall correct such deficiencies without additional compensation, except to the extent that such action is directly attributable to deficiencies in OWNER-furnished information. 9.20 ENGINEER may employ Subcontractors and Subconsultants as ENGINEER deems necessary to assist in the performance or funding of such services. ENGINEER shall not be required to employ any Subcontractor and Subconsultant unacceptable to ENGINEER. 9.21 Unless indicated otherwise by OWNER at the time of transmittal to ENGINEER, OWNER shall be responsible for, and ENGINEER may rely on, the accuracy and completeness of requirements, programs, instructions, reports, data, and other information furnished by OWNER pursuant to this Agreement. ENGINEER may use such requirements, programs, instructions, reports, data and other information in performing or furnishing services under this Agreement. 9.22 It is understood and agreed that if ENGINEER's Basic Services , Special Services, and/or Additional Services under this Agreement do not include Project observation, review of the Contractor's performance, or any other Construction Phase or Post Construction Phase services, and that such services will be provided by OWNER, then ENGINEER has no responsibility for interpretation of the Contract Documents and for construction observation or review and OWNER assumes responsibility for any claims against ENGINEER to the extent they are connected thereto. Notwithstanding the above, ENGINEER shall be responsible for its professional opinions and interpretations provided by ENGINEER during the said Phases upon request by OWNER. 9.23 Copies of OWNER-furnished data that may be relied upon by ENGINEER are limited to the printed copies (also known as hard copies) that are delivered to ENGINEER by OWNER. Files in electronic media format of text, data, or graphics, or of other types that are furnished by OWNER to ENGINEER are only for convenience of ENGINEER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Copies of Documents that may be relied upon by OWNER are limited to the printed copies 10 (also known as hard copies) that are signed or sealed by ENGINEER. Files in electronic media format of text, data, or graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 9.24 Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. ENGINEER shall not be responsible to maintain documents stored in electronic media format after acceptance by OWNER. 9.25 If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. 9.26 When transferring documents in electronic media format, ENGINEER makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the completion of this part of the Project. 9.27 "Confidential Information" means any information, data, knowledge and know how (in whatever form and however communicated or maintained, whether verbally, electronically or documentary, computer storage or otherwise, including notes that are based on, contain or reflect any Confidential Information) with respect to the Project, including but not limited to financial, engineering, survey, drawings, plans, specifications, environmental assessments and other data in connection with the Project, any non-public OWNER data and any non-public information or materials related to OWNER'S products, current or future product or service plans, business, clients and finances, which is either identified as confidential and proprietary at the time of disclosure or which, under the circumstances, should reasonably be expected to be confidential and proprietary. ENGINEER will, and will cause ENGINEER's Subcontractors and Subconsultants to, hold in confidence all Confidential Information. ENGINEER may not use, and will cause ENGINEER's Subcontractors and Subconsultants to not use, Confidential Information for any purpose other than for the Project. OWNER accepts no obligation of confidence with respect to items acquired or information disclosed, no matter how labeled, to OWNER by ENGINEER or ENGINEER's Subcontractors and Subconsultants. ENGINEER may not, and 11 shall cause ENGINEER's Subcontractors and Subconsultants to not, place any restrictive notices on any information, no matter the form of its recording, that either ENGINEER or ENGINEER's Subcontractors and Subconsultants provide to OWNER hereunder and OWNER is authorized to remove or disregard any such notices placed on information by either ENGINEER or ENGINEER's Subcontractor and Subconsultants in violation of this provision. 9.28 ENGINEER will not, without the prior written consent of OWNER, use and will require Subcontractors and Subconsultants to not use, any name, trade name, or trademark of OWNER or its affiliates or business partners. 9.29 ENGINEER will and will cause ENGINEER's Subcontractors and Subconsultants to conduct their activities in an ethical manner and will not engage in any activity that could create a conflict of interest, such as making, receiving, or offering substantial gifts, entertainment, payments, loans or anything else of value to personnel or representatives of OWNER or its affiliates, or their families, for the purpose of influencing those persons to act contrary to OWNER'S and its affiliates' best interests. ENGINEER will provide, and will cause ENGINEER'S Subcontractors and Subconsultants to provide, complete and accurate financial documentation relating to this paragraph to OWNER promptly upon request. 12 10. TOTAL AGREEMENT 10.1 This Agreement(including any expressly incorporated attachments), constitutes the entire agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. EXECUTED IN TRIPLICATE, each of which shall be considered an original, this day of , SAN PATRICIO MUNICIPAL WATER DISTRICT J. SCHWARZ&ASSOCIATES, INC. OWNER ENGINEER PO BOX 940 PO Box 60733 Ingleside, Texas 78362 Corpus Christi, Texas 78466 Signature James Schwarz, P.E. Title Title Date Date D:\JSA\SPMWD\exxon\CorpusGIS\Corpuslinecontract.docx 13 EXHIBIT"B" u PROPrzED 24WA ERLINE '�z �wJ NORTH 3 Q o CONNECTTO u u e PROPOSED CONNECT TO EX6-ING �)NNEC EXIT LNG C 54'WATERLINE6"WATERLINE Fl. ERLINE Lo L UP RIVER RD. UP RIVER RU. $ slash F' zo s` O o Q ? ib a Lu Q' zw ' s ? wiz iH 37 2 z Far 3` We Q g o ' � 3 Q N. s pi30 N d, CONNECT TO EXISTING 6"WATERLINE ` -X� )NNE -O EXIT ING PROPOSED 24 WATERLINE 2 liA ERLINE Q QQ Q a JV�RC UP RIVER RD. 11E w IIA En LINE ' II V 4 S i Lu r. ca Q Q Q �Er0�10 r_. u • 1 r - - N Z i wJ CONNECT TO EXISTING ,I r • `�^..� Ln O r 6 WATERLINE PROPOSED 24 WATERLINE CONNECT TO EXISTING (—'� >• CONNECT TO EXISTING 2"WATERLINE 2 WATERLINE 2•' ` - # t UPLu O N F F tP U RIVER z O~ (! tL 44 CONNECT TO EXISTING Q z WATERLINE "./f e•.,R-F'd I y,. ..1D s .^ d �,'�`1+T Y _ K" E'.A,- .` y,- 44 Q Ni F N d yPROPOSED 24"WATERLINE I C UPRIVER RD �. r y1 y + y a uaa a CONNECT TO EXISTINGr �} A.'tBrl 8"WATERLINE RD CONNECT TO - r,. rc:r. r• �. I. r - ..• r - r /•.. {.rd' EXISTING d ® 1 r 75"WATERLINE Al f� 5 dk (CONNECT TO EXISTING M, r a ;,,2"WATERLINE ;NT, a ��� rF`�:�' ¢'� �y� _ fir. � �j EI �,.=7E� z FR.F )SEC 14''NA ERLI NE \` N z / O ` W UTILIZE EXISl IN �ONNE EXIT INC- �<NNE EXIL LNG o 20'WATERLINE CASING F NH ERLINE 2 'NA ELRINE -FOR INSTALLATION OFU 0_ � s NEW 24"WATERLINE 4 n 7 - N 37 UP RIVER RD. * , F" O � m Lug w NWo z fo IHS z p CONNECT TO EXISTING Y J w 8'WATERLINE _ ,Z, wJ g3 0 N d, IH 37 i, 37 CONNECT TO PROPOSED 24"WATERLINE EXISTING 24"WATERLINE sa. UP RIVER RD, LU CONNECT TO EXISTING Z EXISTING 24'WATERLINE 2 ; 8"WATERLINE R` - O .% sxrerv�reex " 003 EXHIBIT"C" � j DISCONNECTION#1- z -.x PLUG VALVE AND CAP N,m 30"WATERLINE [W. DISCONNECTION-2 $ PLUG VALVE AND CAP U V a 30"WATERLINE v?C e J .< z z H ARPSBURG RD. ----- O O EXISTING 30"WATERLINE TO in m ". BE DECOMMISSIONED .�. LU N[ F o z o J = W Z 3 1H37 U o o z e SPMWDME"ER ww94 s H X30 3 � o M M PLII�-,vALVEAND_i.F' LINE - �•.� DISCONNECTION#4- PLUG VALVE AND CAP ""F ?�` •, i -.�( 30'WATERLINE DISCONNECTION#5 ', �—PLUG VALVE AND CAP 30"WATERLINE \ J SHPRP56UR o. Q m LU W- z Lu J J _ - EXISTING 30"WATERLINE TO 2 U BE DECOMMISSIONED _ Q Q �Er��10 as z N u)wJ t lJ0 s PROPOSED 54"AND + ygRA 48'WATERLINE U U sBU4, to� p JQ z z 0 0 m � F W EXISTING 30"WATERIJNE TO m z BE DECOMMISSIONED IH 37 z z O W, H X34 3 � o M M DISCGN LVE A_)N f- PLUG VALVE ANG :AP NEW 8'WA ERLINE- 30'WATERLINE APPROXIMATELY 1 t;0 LF �OC Yt CONNECT TO DISCONNECTION#7- Q QQ Q EXISTING 8"WATERLINE PLUG VALVE AND CAP e 30"WATERLINE a _ £ --" IH 37 EXISTING 30"WATERLINE TO ...-- � BE DECOMMISSIONED CONNECT TO EXISTING 8"WATERLINE O ss U LEOPARD ST. Lu a CONNECT TO EXISTING z DISC( - - 8"WATERLINE / N �i PLUG VALVE AND CAP `S DISCONNECTION#8- 30'WATERLINE DIaCONNEC I JN Ic- _�, y�W- PLUG VALVE AND CAP PLUG VALVE AND AP tX 311"WATERLINE EXISTING 30'WATERLINE TO O� Q� �++ - BE DECOMMISSIONED 30'WA ERLINE V Oa - NEW 8"WATERLINE- Ln e APPROXIMATELY 550 LF Q � � J \ LEOPARD ST. \ ' p 0 Lu LU __ CONNECT TO EXISTING ✓t. Lu m W F 8'.WATER ' 0 z O J = W W e 0 Oz QQ z H X30 3 � o M M _ f. r DISCONNECTION#12- ' _ PLUG VALVE AND CAP _ 30 WATERLINE DISCONNECTION#13 � DISC.ONNECTION5 I I- �K T. ` PLUG VALVE AND CAP D PLUG VALVE AND CAP _ 30"WATERLINE,e A 30"WATERLINE EXISTING 30'WATERLINE TO g BE DECOMMISSIONED LEOPARD ST Lu o. Lu NEW 8"WATERLINE z 2 APPROXIMATELY 200 LF Z III N u)t I 1 \ QIW DISCONNECTION474- DISCONNEC-ION=LS_ DISCONNECTION#16- JAS 3 PLUG VALVE ,' PLUG VALVE AND CAP PLUG VALVE AND�AP 30"WATERLINE V O 30"WATERLINE 3(7'WATERLINE Ln C • + Zn w' \ J J z z LEOPARD ST O O Ln Lu oz - C W Wwj F 'Ile 3 � o M M LDISCON DISCONNECTIONL'PLUG VALVEAND(AFN 30'WATERLINEECTION#I8-r DISCONNECTION#19 3'Y PLUG VALVE AND CAP A 1 rail PLUG VALVE AND CAP NEW 8"WATERLINE- 30 WATERLINE rel•' I, .I 30"WATERLINE \ m s m APPROXIMATELY 20 LF C � F. DISc�ECTION#I1- TL PLUG VALVE AND CAP ' 30'WATERLINE- / _ / / \ LEOPARD ST. Lu Q � Q �frOO4 � y U EXISTING 30"WATERLINE TO z ; BE DECOMMISSIONED _ N �t NEW 8WATERLINEF C5 - APPROXIMATELY 235 LF DISCONNECTION#21- r DISCONNECTION#22- U V m PLUG VALVE AND CAP \\/ PLUG VALVE AND CAP �' � \ Ln O r O 30"WATERLINE . 30'WATERLINE ? - NEW 8'WATERLINE / ~�w 3 APPROXIMATELY 400 LF L � \ LEOPARD ST. \ O O rA N NEW 8"WATERLINE- APPROXIMATELY 30 LF el W z .# NEW 8'WATERLINE z APPROXIMATELY 430 LF -i O O j - DISCONNECTION#23- Z V U PLUG VALVE AND CAP Q OQ W 30'WATERLINE Q ,;: Wi W� e z w s H X30 3 � o M M DISCONNE(7I0N#26- - PLUGVALVEANDCAP � .� `�A 30'WATERLINE ' Cl\� NNEC JN2. 0 NEW 2'WATERLINE- _ - FLITIG VALVE AND CAP APPROXIMATELYl00LF 3c,WATERLINEU a DISCONNECTION#v- a as a DISCONNECTION#24- U' PLUG VALVE AND CAP PLUG VALVE AND CAP 30"WATERLINE `s 30'WATERLINE � Q k- .- i 1 LEOPARD ST. ss EXISTING 30"WATERLINE "O NEW 8"WATERLINE- y{BE DECOMMISSIONED 1 ,� W APPROXIMATELY 380 LF { 4=� '8`^p+ '",.�.� W = NEW B"WATERLINE- _ U APPROXIMATELY 150 LF Q Q xEET��So U as z wJ DISCONNECTION428- d & NEW 8'WA ERLINE NEW 8'WA.ERLINE- PLUG VALVE AND CAP �Og�X� I APPROXIMATELY 40 LF APPROXIMATELY 2,200 LF 30'"WA"ERLINE U f,a Ln a CONNECT TO EXISTING � 6"WATERLINE LL � - / r J LEOPARD SL z z p p L m 1 CONNECT TO EXISTING - CONNECT TO EXISTING '" F Y F LU 8"WATERLINE F- - _ _ '! 8"WATERLINE Luh„ m 1 W = ie DISCONNEC J �7 FC H X34 3 � o M M 1 PLUG VALVE TAND#CAP - 30Y'WATERLINE Q QQ Q \ / LEOPARD ST ss EXISTING 3d'W ATERLINE TO o. Y BE DECOMMISSIONED Lu J Q EErOO6 se O �A v AGENDA MEMORANDUM �ORPOfl Future Item for the City Council Meeting of August 14, 2018 aPS EO 1852 Action Item for the City Council Meeting of August 21, 2018 DATE: August 2, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo-Trevino, Assistant City Manager Mark Van Vleck, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361)826-3227 Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361)826-1718 Interlocal Agreement with Nueces County Water Control and Improvement District #3 CAPTION: Resolution authorizing an Interlocal Agreement with Nueces County Water Control and Improvement District #3 to provide for District to disconnect District water service to customers who are delinquent in City wastewater service payment. PURPOSE: There are approximately 220 utility customers who receive water from Nueces County Water Control and Improvement District #3 (NCWCID #3) and wastewater services from the City of Corpus Christi (City). The City has no recourse when these wastewater customers do not pay their City utility bill. State law, however, allows local governments such as NCWICD #3 and the City to enter into an interlocal agreement for collection of delinquent utility accounts, and so this interlocal agreement provides assistance to the City from NCWCID #3 by having NCWCID #3 disconnect water services from their water customers for nonpayment of City wastewater fees. BACKGROUND AND FINDINGS: The City's Utility Business Office has been working to improve collection of delinquent utility accounts. Some of the City's wastewater customers are provided water service by NCWCID #3. Because these customers receive water services from another entity, the City has had no recourse in pursuing delinquent accounts. There is a provision in State law (Title 30, Section 291.88 of the Texas Administrative Code, subsection (e) (1)) which allows entities such as the City and NCWCID #3 to enter into an interlocal agreement for collection of delinquent accounts. This provision states: "Where sewer service is provided by one retail public utility and water service is provided by another retail public utility, the retail public utility that provides the water service shall disconnect water service to a customer who has not paid undisputed sewer charge...." The City has been working with NCWCID #3 since 2012 on this interlocal agreement. The interlocal agreement outlines the duties of the City and the duties of NCWCID #3 and provides for payment by the City to NCWCID #3 of $1.50 per water meter read per month. The term of the agreement is for one year and will automatically renew for successive one-year terms. NCWCID #3 approved and signed this agreement on July 9, 2018. ALTERNATIVES: Continue as-is with no mechanism to pursue collection on delinquent wastewater customers who receive water from NCWCID #3. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Utilities Department • City Attorney's Office FINANCIAL IMPACT: X Operating Expense ❑ Revenue Capital ❑ Not Applicable Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - $ - Encumbered/Expended amount of(date) - - -This item - $ 3,960 $ 3,960 BALANCE - - $ (3,960) $ (3,960) FUND(S):Wastewater Fund COMMENTS: The interlocal agreement provides for payment by the City to the NCWCID #3 of $1.50 per meter per month. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: • Resolution • Interlocal Agreement Resolution authorizing an Interlocal Agreement with Nueces County Water Control and Improvement District# 3 to provide for District to disconnect District water service to customers who are delinquent in City wastewater service payment WHEREAS, the City of Corpus Christi ("City") and Nueces County Water Control and Improvement District #3 ("NCWCID#3") are authorized by Chapter 791 of the Texas Government Code to enter into an Interlocal Agreement; WHEREAS, there are residents who receive their treated water service from NCWCID#3 and receive their wastewater service from the City of Corpus Christi; WHEREAS, Texas Administrative Code Title 30 Section 291.88 (e) provides that where sewer service is provided by one retail public utility and water service is provided by another retail public utility, the retail public utility that provides the water service shall disconnect water service to a customer who has not paid undisputed sewer charges if requested by the sewer service provider and if an agreement exists between the two retail public utilities regarding such disconnection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute an Interlocal Agreement with Nueces County Water Control and Improvement District #3 ("NCWCID#3) to provide that NCWCID#3 will disconnect NCWCID#3 water service to a customer who is delinquent in payment of City wastewater charges. A copy of the interlocal agreement is on file with the City Secretary's Office. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith INTERLOCAL AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT#3 This Interlocal Agreement is made and entered into this day of July, 2018, by and between the City of Corpus Christi, a Texas home-rule municipal corporation hereinafter referred to as "City", and the Nueces County Water Control and Improvement District #3 ("District") under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code WITNESSETH: WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the District and the City are local governments as defined in Texas Government Code, Section 791.003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, both the City and District represent to one another that each respective party has the authority to enter into this agreement and perform the obligations and duties stated herein; WHEREAS, the District and the City specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party; and NOW THEREFORE, this contract is made and entered into by District and City in consideration of the aforementioned recitals and for the mutual consideration stated herein ("The Agreement"): 1. PURPOSE OF AGREEMENT The purpose of the Agreement is for the City and the District to implement processes to assist with collection of City wastewater accounts in accordance with Title 30 Texas Administrative Code Section 291.88, Discontinuance of Service. 2. DUTIES OF THE CITY A. The City will provide the District with a database of City wastewater customers who are located within the service area of the District ("Master List"). B. The City will provide the District with an updated Master List as soon as information regarding new addresses or new customers is made available to the City. C. The City will promptly notify the District of all new wastewater customers within the areas set forth in the District's Certificate of Convenience and Necessity. D. The City will provide the District with a list of delinquent City wastewater accounts if the customer receives water service from the District, and request that the District disconnect water service. Prior to issuing request for disconnection of water service, the City shall provide notice of termination to the customer. Such notice shall be in conformity with Texas Administrative Code, Section 291.88, subsection (a), shown as Exhibit A. D. The City shall pay the District the fees for services provided by the District in accordance with Section 3 below within 30 days of receipt of invoice from the District. 3. DUTIES OF THE DISTRICT A. The District will read water meters for each of its customers that receives City wastewater service. The District will record and provide the readings to the manager of the City Utilities Billing Office no later than the 10th day of each month. B. In accordance with Title 30 of the Texas Administrative Code, Section 291.88, subsection (e), the District agrees to disconnect its customer's water service when the customer is reported as delinquent in payment of the City wastewater bill. C. The District shall invoice the City monthly for the services provided by the District under this agreement. The fee is $1.50 per District water meter read by the District pursuant to this Agreement. D. The District shall maintain the confidentiality of any information provided or prepared under this Agreement, including but not limited to the confidentiality of the information provided in the Master List to the District and the meter readings. The District shall maintain the information provided or prepared under this Agreement in a secure location. The District shall require its employees to sign a statement acknowledging confidentiality of the information provided and prepared under this Agreement and the potential consequences for unauthorized disclosure of information. Should the District become aware of any unauthorized disclosure of information, the District shall immediately notify the City Director of Financial Services. These duties shall survive termination of this Agreement. 4. PROCEDURE FOR SUSPENSION OR TERMINATION OF SERVICE A. Upon a determination by City that a City wastewater customer is delinquent, the City will issue a notice of delinquency to said customer advising the customer that water service will be discontinued unless the delinquent account is brought current within ten days from the date of said notice (the "Delinquent Notice"). The City will provide a copy of said notice to the District. B. If the delinquent account is not brought current on or before 10 days from the date of the Delinquent Notice, or if arrangements with the City to pay the delinquent account in a manner other than in full are not made, the City will provide a notice to the District, in a form approved by the parties, requesting that the District suspend water service to the customer (the "Suspension Notice"). Upon receipt of the Suspension Notice the District will cause the water service of the customer to be suspended. If the account is not paid in full within 15 days from the date hat water service is suspended, then in that event the District will terminate the water service to the customer. C. If service is suspended by the District pursuant to this Agreement, then, in that event, service can be reinstated upon the customer bringing the account current or making arrangements with the City to pay the delinquent account in a manner other than in full. Upon the customer bringing the account current or making arrangements with the City to pay the delinquent account in a manner other than in full the City will issue a receipt to the customer acknowledging the payment to the City. The customer will provide a copy of this receipt to the District and upon receipt the District will cause the water service to be reconnected. D. The customer will be responsible for the payment of all fees and charges imposed by the City by reason of the delinquency. The customer will pay all fees and charges imposed by the District pursuant to its stated policies for suspension of water service for failure to pay for water service, as now existing or as amended from time to time, prior to reconnecting the suspended water service. 5. TERM AND TERMINATION This Interlocal Agreement shall have a one year term and shall be effective upon its date of execution by the last party to execute the Agreement. The agreement shall automatically renew for successive one-year terms. This agreement may be terminated at any time by either party upon ninety (90) days written notice to the other parties. 6. NOTICE Official notice shall be by written notice and delivery to all of the parties to this Agreement. Delivery shall be fax or deposit in the United States Postal Service, first class, return receipt requested to: TO THE DISTRICT: Nueces County Water Control and Improvement District#3 Attn: District Manager 501 East Main Street Robstown, TX 78380 TO THE CITY: The City of Corpus Christi Attn: Director of Financial Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 7. APPORTIONMENT OF LIABILITY District and City agree that both District and City shall each be responsible for their own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without waiving any sovereign governmental immunity available to either District or City under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 8. FISCAL FUNDING Notwithstanding anything to the contrary herein, this Agreement is expressly contingent upon the availability of funding for each item and obligation contained herein. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 9. VENUE Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas. 10. NONDISCRIMINATION Parties to this Agreement shall not discriminate on the basis of race, color, national origin, sex, religion, age, disability, sexual orientation. 11. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. 12. SEVERABILITY If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. 13. DEFAULT/WAIVER/MITIGATION It is not a waiver of default if the non-defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law. 14. HEADINGS The titles which are used following the number of each paragraph are only for convenience in locating various provisions of this Agreement and shall not be deemed to affect the interpretation or construction of such provision. 15. NUMBER AND GENDER Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 16. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 17. REMEDIES This Agreement shall not considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 18. APPROVAL This Agreement is expressly subject to and contingent upon formal approval by City Council for the City and the Board of Directors for the District. IN WITNESS WHEREOF this Agreement has been executed on behalf of the District and the City of Corus Christi in the manner provided by law. THE CITY OF CORPUS CHRISTI By: City Manager Date: Approved as to form: By: Lisa Aguilar, Assistant City Attorney For the City Attorney NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT# 3 By: Name: Marcos Alaniz Title: President Date: July 9, 2018 Approved as to form: 9 A4z,,, Charles W. Zahn, Attorney for the Nueces County Water Control and Improvement District No. 3 EXHIBIT A Texas Administrative Code Title 30. Environmental Quality Section 291.88 Discontinuance of Service a) Disconnection with notice. (1) Notice requirements. Proper notice shall consist of a separate written statement which a utility must mail or hand deliver to a customer before service may be disconnected. The notice must be provided in English and Spanish if necessary to adequately inform the customer and must include the following information: (A) the words "termination notice" or similar language approved by the executive director written in a way to stand out from other information on the notice; (B) the action required to avoid disconnection, such as paying past due service charges; (C) the date by which the required action must be completed to avoid disconnection. This date must be at least ten days from the date the notice is provided unless a shorter time is authorized by the executive director; (D) the intended date of disconnection; (E)the office hours, telephone number, and address of the utility's local office; (F)the total past due charges; (G) all reconnect fees that will be required to restore water or sewer service if service is disconnected. (H) if notice is provided by a sewer service provider under subsection (e) of this section, the notice must also state: (i)that failure to pay past due sewer charges will result in termination of water service; and (ii) that water service will not be reconnected until all past due and currently due sewer service charges and the sewer reconnect fee are paid. (2) Reasons for disconnection. Utility service may be disconnected after proper notice for any of the following reasons: (A) failure to pay a delinquent account for utility service or failure to comply with the terms of a deferred payment agreement. (i) Payment by check which has been rejected for insufficient funds, closed account, or for which a stop payment order has been issued is not deemed to be payment to the utility. (ii) Payment at a utility's office or authorized payment agency is considered payment to the utility. (iii) The utility is not obligated to accept payment of the bill when an employee is at the customer's location to disconnect service; (B) violation of the utility's rules pertaining to the use of service in a manner which interferes with the service of others; (C) operation of non-standard equipment, if a reasonable attempt has been made to notify the customer and the customer is provided with a reasonable opportunity to remedy the situation; (D) failure to comply with deposit or guarantee arrangements where required by §291.84 of this title (relating to Applicant and Customer Deposit); (E) failure to pay charges for sewer service provided by another retail public utility in accordance with subsection(e) of this section; and (F) failure to pay solid waste disposal fees collected under contract with a county or other public agency. SC o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of August 14, 2018 1852 Action Item for the City Council Meeting of August 21, 2018 DATE: August 1, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Office of the Business Liaison arlenem(a)cctexas.com (361) 826-3356 Type B Board Certificate of Amendment CAPTION: Resolution adopting a certificate of amendment for the Corpus Christi B Corporation. PURPOSE: The purpose of this item is to adopt a certificate of amendment to amend the certificate of formation for the Corpus Christi B Corporation. BACKGROUND AND FINDINGS: The terms of the directors of the Corporation were set to expire on July 31 of each year in accordance with the City's former fiscal year.This Resolution will change the terms of the directors of the Corporation to align the terms with the City's new fiscal year (October 1 — September 30). ALTERNATIVES: City Council could choose not to approve this Resolution. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to City policy. EMERGENCY/ NON-EMERGENCY: Non Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Project to Date Fiscal Year: Expenditures 2016-2017 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: NA RECOMMENDATION: None. LIST OF SUPPORTING DOCUMENTS: Resolution Certificate of Amendment RESOLUTION ADOPTING A CERTIFICATE OF AMENDMENT FOR THE CORPUS CHRISTI B CORPORATION. WHEREAS, on January 23, 2018, the City Council voted to approve the original certificate of formation for the Corpus Christi B Corporation, a Type B corporation (the "Corporation") for the expenditure of sales tax money for economic development, affordable housing, and arterial and collector streets as approved by the voters of the City of Corpus Christi; WHEREAS, the terms of the directors of the Corporation were set to expire on July 31 of each year, so that the terms were consistent with the terms of the directors on the Corpus Christi Business and Job Development Corporation (the "Type A Corporation"); and WHEREAS, the terms of the directors of the Corporation need to be changed to align the terms with the City's fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council of the City of Corpus Christi finds that it is advisable for the reasons stated above to adopt a Certificate of Amendment in accordance with section 501.302 of the Texas Local Government Code. Such Certificate of Amendment is attached to this Resolution as Exhibit "A" and incorporated to this Resolution for all purposes. SECTION 2. The City Council adopts the Certificate of Amendment and authorizes the Mayor and the City Secretary to sign such document in accordance with section 501.305(x)(2) of the Texas Local Government Code and file such Certificate of Amendment with the secretary of state. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn CERTIFICATE OF AMENDMENT FOR CORPUS CHRISTI B CORPORATION THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § WE, THE UNDERSIGNED natural persons do verify that the amendments to the Certificate of Formation have been approved in the manner required the Development Corporation Act and the Corporation's governing documents: The Corporation is a nonprofit corporation under the Texas Business Organizations Code and a corporation under the Development Corporation Act of 1979, Sections 501-505 of the Texas Local Government Code (the Act) and governed by Sections 501 and 505 of said Act. The filing number issued to the Corporation by the Secretary of State is 802947061. The date of formation for the Corporation is February 14, 2018. This Certificate of Amendment was adopted by the City Council of the City of Corpus Christi by resolution on , 2018. AMENDMENT: The Certificate of Formation shall be amended, effective on October 1, 2018,by altering each of the following provisions as laid out below. ARTICLE IX: BOARD OF DIRECTORS (a) The affairs of the Corporation shall be managed by a board of directors composed of seven persons appointed by the City Council. The terms of the directors shall be two years expiring on September 30. Terms for three of the directors will expire on September 30, 2019, terms for the remaining four directors shall expire on September 30, 2020. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively unless such service is required to complete an unexpired term. Once a director has served for a total of six consecutive years,unless an exception under the City Charter applies, his or her term shall immediately expire and his or her position shall become vacant. (b) Directors may also serve as Directors for the Corpus Christi Business and Job Development Corporation(the"CCBJDC"). If a Director serves on both the Corporation's board and the CCBJDC's board, the expiration of the Director's term on the Corporation's board shall coincide with the expiration of the his/her term on the board of the CCBJDC. (c) The names and street addresses of the persons who are to serve as the current directors and the dates of expiration of their current terms as directors are as follows: NAMES ADDRESSES Expiring September 30, 2019 Scott Harris 500 N. Shoreline, Corpus Christi, TX 78401 Gabriel Guerra 4211 Ayers St., Corpus Christi, TX 78415 John Valls 615 N. Upper Broadway 9616, Corpus Christi, TX 78401 Expiring September 30, 2020 Lee A. Trujillo 6102 Ayers, Ste. 106, Corpus Christi, TX 78415 Randy Maldonado 338 44th, Corpus Christi, TX 78405 Leah Pagan Olivarri 3833 S. Staples, Ste. 5110, Corpus Christi, TX 78411 Robert Tamez 4626 Weiskopf Ln, Corpus Christi, TX 78413 Each director is and must be a qualified elector of the City and a resident of the City. Each director including the initial directors shall be eligible for reappointment. Each director shall serve until a successor is appointed. Directors are removable by the City Council at any time without cause. (d) The directors shall serve without compensation but they may be reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors shall be filled by appointment by the City Council of a person who shall hold office until the expiration of the term. (e) The board of directors shall elect a president,vice-president, secretary, and any other officers that the City Council considers necessary to serve as executive officers of the Corporation as more specifically provided in the Corporation's Bylaws. The term of each officer's office shall expire on September 30 of each year. The City Manager, or designee, shall serve as executive director of the Corporation and the City Secretary shall serve as assistant secretary to provide administrative support services for the corporation. (� The board shall conduct all meetings within the boundaries of the City. Meetings of the board of directors are subject to the Texas Open Meetings Act and the Texas Public Information Act. (g) Pursuant to Texas Local Government Code §505.052(c),three of the directors must be persons who are not employees, officers, or members of the governing body of the City. Each additional amendment herein conforms to the appropriate subtitle in the Development Corporation Act. This Certificate of Amendment does not contain any other change to the certificate of formation. VERIFICATION: The undersigned sign this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument. Signed this of ) 2018. Joe McComb Rebecca Huerta Mayor City Secretary City of Corpus Christi City of Corpus Christi STATE OF TEXAS § COUNTY OF NUECES § Joe McComb personally appeared before me on this the day of , 2018, and being first duly sworn declared that he/she signed this application in the capacity designated, if any, and further states that he/she has read the above application and the statements therein contained are true. Notary Public, State of Texas mus c� �o a o AGENDA MEMORANDUM NCORPORPE 1852 Public Hearing and First Reading for the City Council Meeting of August 14, 2018 Second Reading for the City Council Meeting of August 21, 2018 DATE: July 18, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 2407 Mary Street CAPTION: Case No. 0718-01 Siempre Mas: Ordinance rezoning property at or near 2407 Mary Street from "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. PURPOSE: The purpose of this item is to allow for the construction of two additional duplexes totaling six units on-site. RECOMMENDATION: Planning Commission and Staff Recommendation (July 11, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 ALTERNATIVES: 1 . Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RM-1" Multifamily 1 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0718-01 Siempre Mas: Ordinance rezoning property at or near 2407 Mary Street from "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District; and amending Comprehensive Plan WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Siempre Mas ("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, July 11, 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 "RM-1" Multifamily 1 District and on Tuesday, August 14, 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 Siempre Mas ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described Lots 7-10, Block 11, Patrick Webb, located on the north side of Mary Street, east of South Port Avenue, and west of 19th Street (the "Property"), from "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District (Zoning Map No. 047043), 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. 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@6431A39F\@BCL@6431A39F.docx Page 2 of 3 -AGNES ST r>_ CG-2 MrARGUER• ST ft i az 1 3�sa +s x 259 eat 2e n �o 4a n 2 SUBJECT MARY St PROPERTY 20 m 0 8 23 13 30 18 28 ¢ 1 •211 12 T f7 14 4814 22 to MORRIS ST c !O N N COLEMAN AVE d Dare craatatl:6152018 8 I Pryr'rtn 81'=,NrgdyM rima DePanRremof Deydopllleill ServyeeS CASE. 0718-01 �x<NNE ZONING & NOTICE AREA RM-1 Mulill8mlly 1 IL Light Industrial RM-2 Multifamily 2 IN Heavy Industrial RM-3 Multlfamlry S PVD Planned Urk Dev.Overlay ON ProfesslonalOHlce RS-10 to RM-AT MURlfam lly AT R54 Si"i-£emlly B SUBJECT CN-1 Neighborhood Commercial R64,5 Single-Famuya.5 PROPERTY CN-2 Neighborhood Cammembi RS-TF Tm-Famlly, CR-i Resort Commeri:lal RS-IS Single-Famlly 13 CR-2 Rased Commercial RE Residential Estate Curyus chdV CG4 General Commemlal HS-TH Townhouse CG-2 General commemlal SP special .,.it g CI InMnalve Commercial RV Recreational Vehitle Park CRD RCrpa ommercial RRIN nuraatumd Name w,l� CR-2 Resorteson Commercial FR Farm Rural HHistoric Overlay BP Business Park ❑® �'a zuvv`0'k" Q rear: e City of 4 cw eswa m2ov Med on xr 0-1. LOCATION ` Corpus afmmedar.,Kdaipnok: ,no;,00,n Ma Christi C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6431A39F\@BCL@6431A39F.docx Page 3 of 3 PLANNING COMMISSION FINAL REPORT Case No. 0718-01 INFOR No. 18ZN1009 Planning Commission Hearing Date: July 11, 2018 = Owner: Siempre Mas mM � Applicant: James M. Jones — 'L Location Address: 2407 Mary Street Qm Legal Description: Lots 7-10, Block 11, Patrick Webb, located on the north o side of Mary Street, east of South Port Avenue, and west of 19th Street. From: "RS-6" Single-Family 6 District a a To: "RM-1" Multifamily 1 District 'Es Area: 0.344 acres N �' Purpose of Request: To allow for the construction of two additional duplexes totaling six units on-site. Existing Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Low Density Medium Density Residential Residential North "RS-6" Single-Family 6 Low Density Medium Density C and "RM-3" Multifamily 3 Residential Residential N "RS-6" Single-Family 6 Low Density Medium Density _ C South and "RM-3" Multifamily 3 Residential Residential "RS-6" Single-Family 6 Low Density Medium Density LU East and "RM-3" Multifamily 3 Residential Residential West "RS-6" Single-Family 6 Low and Medium Medium and High and "RM-3" Multifamily 3 Density Residential Density Residential Area Development Plan: The subject property is located within the boundaries °a v, of the Westside Area Development Plan and is planned for medium density M o residential uses. The proposed rezoning to the "RM-1" Multifamily 1 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and a o warrants an amendment to the Future Land Use Map. Q Map No.: 047043 Zoning Violations: None o Transportation and Circulation: The subject property has approximately 105 feet of street frontage along Mary Street which is designated as a o Local/Residential Street, approximately 152 feet of street frontage along 21St Street which is designated as a Local/Residential Street, and approximately = 152 feet of street frontage along 22nd Street which is designated as a Local/Residential Street. Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume � Plan Type C550' ROW 50' ROW d Mary Street Local/ResidentialN/A 28' paved 28' paved 50' ROW 60' ROW 21s' Street Local/ResidentialN/A 28' paved 28' paved 22nd Street Local/Residential 50' ROW 60' ROW N/A 28' paved 28' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family 6 to the "RM-1" Multifamily 1 District to allow for the construction of two additional duplexes totaling six units on-site. Development Plan: The subject property is 0.344 acres in size. The owner is proposing adding two additional duplexes to the site. Currently, there is an existing duplex that has been recently renovated. One of the proposed duplexes will face 21 st Street to the east the other duplex will be facing the rear property and 22nd Street. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" single- Family 6 District and consists of an existing duplex. The subject property was zoned "RM-3" Multifamily 3 District in 1947 and was rezoned to "RS-6" Single-Family 6 District in 1980. To the north, south, and east are vacant properties, single-family, and multifamily residences (Patrick Webb Subdivision, Platted 1909) and are zoned "RS-6" Single-Family 6 District and "RM-3" Multifamily 3 District. To the west are vacant properties, single-family, and multifamily residences (Steele Subdivision platted in 1913 and Summit Addition platted in 1925) and zoned "RS-6" Single-Family 6 District and "RM-3" Multifamily 3 District. Across 22nd Street to the west is an existing multifamily complex consisting of 6 duplexes. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "RM-1" Multifamily 1 District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map based on the following policies: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, Staff Report Page 3 and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Promote the stabilization, revitalization and redevelopment of older neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is located within an older neighborhood and had originally several small homes located upon it until demolition in the early 1990s. The majority of the homes in the neighborhood were built between 1940 and 1970 with a median of 1960 according to the U.S. Census Bureau. There are still existing multifamily uses on Mary Street including a complex of 6 duplexes across 22nd Street form the subject property. • The subject property was originally zoned "A-2" Apartment House District (RM-3) under the former zoning ordinance and was changed to "R-1 B" One-Family Dwelling District (RS-6) in 1980 due to the neighborhood wishing to reduce the amount of fees incurred by the then pavement assessment/street user fee. Planning Commission and Staff Recommendation (July 11, 2018): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 Number of Notices Mailed — 32 within 200-foot notification area = 5 outside notification area 0 M As of July 6, 2018: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 1 inside notification area a — 0 outside notification area Totaling 4.94% of the land within the 200-foot notification area in opposition. Staff Report Page 4 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0718-01 Siempre Mas\PC Documents\Staff Report_0718-01 Siempre Mas.docx Staff Report Page 5 A IVES ST a ...Seib MrARGUER EST rn a 3x31 15 26 (}S O y 6 132 :i 10�191f N 245,— — MARY ST — SUBJECT PROPERTY z 20 29 0 8 23 -S 28 13 30 18 5 2i 112 7 17 14 ,614— MORRIS 4,614MORRIS ST H ZM N p J T- z [O N ` N �y r H COLEMAN AVE rr a _ Date Created 6Ji4/2018 0 00 Prepared By..JernmyM CASE: � F�eG DepaRmem of Deveiapment Services CA V a.r 0718-01 ZONING & NOTICE AREA f� r RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 iH Heavy Industrial RM-3 Multifamily 3 PUO Planned Unit Dev.Overlay ONProfessional Office R5-10 Single-FamEty 10 RM-A7 Multifamily AT RS-' Single-Fatuity 6 SUBJECT CN-1 Neighborhood Commercial RS-4.5 Single-Famlly4.5 PROPERTY CN-2 Neighborhood Commercial RS-TF TNo-Family CR-1 Resort Commercial RS-15 Single-Family 15 cN� CR-2 ResortCommercial RE Residential Estate Corpus Christi Day cG-1 General Commercial RS-TH Townhouse CG-2 General CommercialSp Special Permit ,11eRGFN Cl Incenelve Commercial RV Rocreatianal Vehlclo Park CBD Downtown Commercial RMH Manufactured Home RCo CR-3 Resort Commercial w\- FR Farm Rural `cP H Historic Overlay 1! m SP Rust ness Park ® sereerwwerty owners ny `� City of wnn 200'nurkr O in favor ,�oRaF imC wner: OI'p115 4owm2aorlerco'- owaera LOCATION MAP Christ9 etre eked ownership tNe X in opA—b— Staff Report Page 6 Persons with disabilities planning to attend this meeting, who may require special services, are requEtted to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con,.capacidades, aue tienen la intencidn de asistlr a esta Juntay oue reouleren servicios especiales, se les sudica oue .len aviso 48 horas antes de la junta Ilamando at departamento de servicios de desarroW.at numero(3611826-3240_ H you wish to address the Commission during the meeting and your English Is limited. please call the Development Services Department at(361) 825-3240 at least 48 hours In advance to request an interpreter be present during the meeting. SLusted desea dirigirse a_Ie commissign 9urante la iunta-y_su ingl6s es limitado, favor de Ilamar al departamento de servicios de desarrollo at n6mero(361)826-3240 al mens 48 horas antes de la junta para solicltar sin int&rprete ser pre9ente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0798-09 Siernpre Mas has petitioned the City of Corpus Christi to consider a change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District, resulting in a change to the Future Land Use Mop. The property to be rezoned is described as: 2407 Mary Street and Lots 7 thru 10, Block 11, Patrick Webb, located on the north side of Mary Street, east South Port Avenue, and west of 19°1' Street. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classifrcation and/or Special Permit. Approval of a change of zoning, if inconsistent with the Cily'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, July 11, 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 O',NNER(S)AND CtWLED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0- BOX 9277, CORPUS CHRISTI. TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NINE. to&G&4Adanue wiUi We Plai n6iy Comridsaivn By-Lawb, nv visUueniVn sladil Lm livid Vy a inurnlmi up innintrvin 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. � r Printed Name: Address: 2122 / -I� 'y S City/StatetT;C`r�r'S/7 7-e ( ) IN FAVOR (y4IN OPPOSITION Phone: 170"/ REASON: -3j( �� � y rf,t,� .W' �p oc,,' w.� S 44 4e", /,fa,t/�/� r��'o fy�� D� �4l9 v1avJ a-,v f{ i.h, So fess 1,1� -/ -� Signature SEE MAP ON REVERSE SIDE Case No.0718-01 INFOR Case No.: 18ZN1012 Project Manager:Andrew Dimas Property Owner ID.8 Emat:arldreA02Ccctexas com Il I • I 1 Zoning Case #0718-01 Siempre Mas Rezoning for a Property at 2407 Mary Street City Council Presentation August 14, 2018 Subject Property at 2407 Mary Street It E N Vicinity Map E ce 1-1 ccy N v� rune_ '� (c)CZpenSireetMap ani contributors, �'ffi Cr��tive Commons-Shale Alike Llaense(CC-SY-SA) „� 2 r Aerial Overview - Marguerite Street ; I ..:::�:• -- Huy Street +, a SUBJECT PROPERTY � .. ,• � � L L - - Maorris Stree Zoning Pattern o r 0 00 O ° O O � SUBJECT � m � • PROPE ° o • a �. u ll ° O � ���00 0 e ° oco �0 1 G3 doP� o ° ONE Iu od G�I • 'C�� �1 t'"' % -= Staff Recommendation Approval of the change of zoning from the "RS-6" Single-Family District to the "RM-1 " Multifamily District . D Requirements U C A NES Si L ' -.�I J � Buffer Yards: RM-1 to RS-6: Type A: 5 pts. E E Setbacks: Street: 20 feet Street (Corner): 15 feet Rear: 2:1 Setback (height) PROPERTYParking: 1 BR— 1.5 spaces/unit 2 BR—2 spaces/unit 1 space/ 5 units—Visitors Landscaping, Screening, and Lighting Standards Uses Allowed: Single-Family Homes, Duplexes,Apartments, and Day Care .:_ Uses. fW Public Notification � "72 32 Notices mailed inside 200' buffer AGNESsr 5 Notices mailed outside 200' buffer MARGUERE ST Notification Area n a g n z $ e Ids � a6 11-0`mss 1f Opposed: 1 (4.94%) -MARY ST sverecr�� g PROPERTY r 1f 1� L.1691 J E ]] ~ ST In Favor: 0 W a s _ N .-- COLEMAN AVE - 7 se O AGENDA MEMORANDUM NCORPORPSE 1852 Public Hearing and First Reading for the City Council Meeting of August 14, 2018 Second Reading for the City Council Meeting of August 21, 2018 DATE: July 18, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 4502 Corona Drive CAPTION: Case No. 0718-02 Augusta Embassy House, LLC: Ordinance rezoning property at or near 4502 Corona Drive from "RS-TF" Two-Family District to the "RM-3" Multifamily 3 District; amending Comprehensive Plan. PURPOSE: The purpose of this item is to allow for the consistency of zoning classifications. RECOMMENDATION: Planning Commission and Staff Recommendation (July 11, 2018): Approval of the change of zoning from the "RS-TF" Two-Family District to the "RM-3" Multifamily 3 District. Vote Results: For: 6 Opposed: 0 Absent: 3 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 and is planned for high density residential uses. The proposed rezoning to the "RM-3" Multifamily 3 District is consistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0718-02 Augusta Embassy House, LLC.: Ordinance rezoning property at or near 4502 Corona Drive from "RS- TF" Two-Family District to the "RM-3" Multifamily 3 District; and amending Comprehensive Plan WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Augusta Embassy House, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, July 11, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS-TF" Two- Family District to the "RM-3" Multifamily 3 District and on Tuesday, August 14, 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 Augusta Embassy House, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 4.96 acres out of Lot 1A, Block 3, Marks Tract, located on the south side of Corona Drive, east of Flynn Parkway, and west of Everhart Road (the "Property"), from "RS-TF" Two-Family District to the "RM-3" Multifamily 3 District (Zoning Map No. 044036), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@942FC219\@BCL@942FC219.docx Page 2 of 6 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@942FC219\@BCL@942FC219.docx Page 3 of 6 Job No.5002 June 7,2018 STATE OF TEXAS COUNTY OF NUECES FIELDNOTES FOR A 4.96 ACRE TRACT,BEING OUT OF LOT IA,BLOCK 3, MARKS TRACT,A MAP OF WHICH IS RECORDED IN VOLUME 43,PAGE 185,MAP RECORDS OF NUECES COUNTY,TEXAS. COMMENCING AT A 518 INCH IRON ROD FOUND ON THE SOUTHWEST BOUNDARY LINE OF CORONA DRIVE,A PUBLIC ROADWAY,FOR THE NORTH CORNER OF LOT 1 B,BLOCK 3, SAID MARKS TRACT,FOR THE EAST CORNER OF SAID LOT 1 A; THENCE SOUTH 29001'00 WEST,ALONG THE COMMON BOUNDARY LINE OF SAID LOT I AND LOT 1B,A DISTANCE OF 226.10 FEET,TO THE POINT OF BEGINNG, FOR THE EAST CORNER OF THIS TRACT; THENCE SOUTH 2901'00 WEST,CONTINUING ALONG THE COMMON BOUNDARY LINE OF SAID LOT IA AND LOT IB,A DISTANCE OF 100.00 FEET,TO A DRILL HOLE FOUND, FOR THE WEST CORNER OF SAID LOT 18,AND FOR AN INTERIOR CORNER OF THIS TRACT; THENCE SOUTH 60042'38"EAST,CONTINUING ALONG THE COMMON BOUNDARY LINE OF SAID LOT IA AND LOT 1B,A DISTANCE OF 300.12 FEET TO A 518 INCH IRON ROD FOUND,ON THE NORTWEST BOUNDARY LINE OF LOT 25D, BLOCK D.LEVEK TRACT,A MAP OF WHICH IS RECORDED IN VOLUME 44, PAGES 15 AND 16,MAP RECORDS OF NUECES COUNTY TEXAS,FOR THE SOUTH CORNER OF SAID LOT 1 B AND AN EXTERIOR CORNER OF THIS TRACT; THENCE SOUTH 28057'57" WEST,ALONG THE COMMON BOUNDARY LINE OF SAID I.OT 1 A AND LOT 25D,A DISTANCE OF 200.35 FEET TO A 518 INCH IRON ROD FOUND ON THE NORTHEAST BOUNDARY LINE OF STONEGATE NORTH UNIT 3,A MAP OF WHICH IS RECORDED IN VOLUME 38,PAGES 166 AND 167, MAP RECORDS OF NUECES COUNTY,TEXAS, FOR THE WEST CORNER OF SAID IAT 25D AND THE SOUTH CORNER OF THIS TRACT; THENCE NORTH 60°59'00"WEST,ALONG THE COMMON BOUNDARY LINE OF SAID LOT I A,SAID STONEGATE NORTH UNIT 3 AND STONEGATE NORTH UNIT 2,A MAP OF WHICH IS RECORDED IN VOLUME 34,PAGE 106,MAP RECORDS OF NUECES COUNTY,TEXAS,A DISTANCE OF 816.16 FEET,TO A 518 INCH IRON ROD FOUND, FOR THE SOUTH CORNER OF LOT 2, BLOCK 3,MARKS TRACT,A MAP OF WHICH IS RECORDED IN VOLUME 46,PAGES 79 AND 80, MAP RECORDS NUECES COUNTY,TEXAS, FOR THE WEST CORNER OF THIS TRACT: C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@942FC219\@BCL@942FC219.docx Page 4 of 6 THENCE NORTH 28059'56"EAST,ALONG THE COMMON BOUNDARY LINE OF SAID LOT 2,BLOCK 3 AND LOT IA,A DISTANCE OF 301.80 FEET,TO A POINT ON SAID COMMON BOUNDARY LINE,FOR THE NORTH CORNER OF THIS TRACT; THENCE SOUTH 60059'00"EAST,OVER AND ACROSS SAID LOT IA,A DISTANCE OF 515.93 FEET,TO THE POINT OF BEGINNG. BEARINGS BASED ON THE SOUTHWEST BOUNDARY OF LOT IA, BLOCK 3, MARK'S TRACT,AS MONUMENTED ON THE GROUND AND SHOWN AS NORTH 60059'00" WEST ON THE RECORDED MAP OF LOT IA, BLOCK 3,MARK'S TRACT,A MAP OF WHICH IS RECORDED IN VOLUME 43,PAGE 185,MAP RECORDS OF NUECES COUNTY,TEXAS. UNLESS THIS FIELDNOTES DESCRIPTION,INCLUDING PREAMBLE,SEAL AND SIGNATURE,APPEARS IN ITS ENTIRETY,IN ITS ORIGINAL FORM,SURVEYOR ASSUMES NO RESPONSIBILITY FOR ITS ACCURACY. Mustang Engineering and Surveying OF rF� .Urban,R.P.L.S. DAN.,LEE,URBAN License No.4710 .09 4710 :�. � �ffS510�P`'P SUM yp C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@942FC219\@BCL@942FC219.docx Page 5 of 6 Lot 2, Block 3 Marks Tract Vol. 46, Pages 79-80, Map Records of Nueces County, Texas 10, U.E. ` I N29172'00-E (PLAT) 2r B.L. \ N28'59-56-E 301.80' (MEAS) I� OI a oiB' G - - -T1 - - - I l I 14 � I II I � I OD I t— I r/ 0 N l R <y I vCL o O I 0 l 4.96 Acres L n o C -a„m ° l (216,062.93 Sq. Ft.) t° �o n ? o X J l l c 8 o:3 o� O o Lot 1A, Block 3 ~ Marks Tract j o = l Vol. 43, Pogo 185, Map N c Records of Nueces County, Texas E a r C i (A i' EE .. N I cs 4710. �. l rn$ O➢�ffS510+ 0_ U RNIPoint y� °6,1of Commencement Beginning r /Y J ° l l 7wrd C.7i rile S29'01'OWW ' s29'01,D�"W A 100,00' 7zl l ym, I � Ill z� ° I o 10' u.E1 I l Lot 18, Block 3 Marks Tract a, I l Va. 43, Page 185, Map n° c i �S r I ` Records of Nueces County, Texas � o I I I��' ;�.4 I I l Bearings based on the southwest boundary of Lot 1A, w I I l S Block 3, Mork's Tract, as monumented on the ground x v I l g and shown as North 80'59'00' West on the recorded m 0 I map of Lot 1A, Block 3, Mork's Tract, a map of which Is recorded In Volume 43, Page 185. Map Records of V5 u'E'I Nueces County, Texas- - Fieldnotes Por s 4.96 Ace Tract,being out of I ot I A,Block 5 S'U,E.I v 3,Marks Trail a map of which is rocorded in Volume 43. I l 25' o E. a �.t. Page 185,Map Records of Nueces County,Texas. � S28'57'5w 200.35' (MEAS) 529.00—w 20000'cin—— Mustang Engineering and Surveying; Lot 25D, Block D. Levsk Tract Vol. 44. Pages 15-16, MAN.C.T. 304EAMwh,xAwe Pcxr Aranw Tay 18113 OR 361-331-3936 rsi.mua0Z-&Y%h00.cm SCAL.F P- 100' Fax Rryxruion Nu 1079"15 JOB NO.S002 C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@942FC219\@BCL@942FC219.docx Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0718-02 INFOR No. 18ZN1013 Planning Commission Hearing Date: July 11, 2018 c Owner: Augusta Embassy House, LLC. a a 0 Applicant: Saldana Consulting ,L Za Location Address: 4502 Corona Drive a 5 Legal Description: Being 4.96 acres out of Lot 1A, Block 3, Marks Tract, Q°a located on the south side of Corona Drive, east of Flynn Parkway, and west of Everhart Road. From. "RS-TF" Two-Family District ._ To: "RM-3" Multifamily 3 District io Area: 4.96 acres Purpose of Request: To allow for the consistency of zoning classifications. Existing Zoning District Existing Land Use Future Land Use Site "RS-TF" Two-Family Medium Density High Density Residential Residential Medium Density High Density North "RM-3" Multifamily 3 _ N Residential Residential c = ° Low Density Medium Density C South "RS-6" Single-Family 6 Residential Residential c }, J T "CG-2" General LU East Commercial Professional Office Commercial West "RS-TF/SP" Two-Family Professional Office Commercial with a Special Permit 06 Area Development Plan: The subject property is located within the boundaries a c of the Southside Area Development Plan and is planned for high density M ° residential uses. The proposed rezoning to the "RM-3" Multifamily 3 District is a o T consistent with the adopted Comprehensive Plan (Plan CC). a Map No.: 044036 Zoning Violations: None o Transportation and Circulation: The subject property and associated apartment complex (Embassy House Apartments) has approximately 519 feet 0 of street frontage along Corona Drive which is designated as a "C3" Primary Collector Street. According to the Urban Transportation Plan, "C3" Primary = Collector Streets can convey a capacity between 4,000 to 8,500 Average Daily ca Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation � O Plan Type Section Section Volume Corona "C3" Primary 75' ROW 60' ROW 6,552 ADT Drive Collector Street 50' paved 35' paved (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-TF" Two-Family District to the "RM-3" Multifamily 3 District for the consistency of zoning classifications. Development Plan: The subject property is 4.96 acres in size. The complex currently has an "RM-3" Multifamily 3 District designation on the front half of the property and an "RS-TF" Two-Family District designation on the rear half. The existing "RS-TF" District does not allow multifamily apartment uses. Therefore, the existing apartments are nonconforming which has created issues with mortgage companies. There are no plans to build any additional units to the existing apartment complex. Existing Land Uses & Zoning: The subject property is currently zoned "RS-TF" Two- Family District and consists of an existing apartment complex (Embassy House Apartments). The Embassy House Apartment complex was built in 1980 and is comprised of 176 apartment units within 29 two story buildings. The subject property was zoned "R-2" Multiple Dwelling ("RS-TF" Two-Family) District as defined by the former Corpus Christi Zoning Ordinance in 1972. The former Zoning Ordinance allowed up to 10 dwelling units per acre by-right in the "R-2" Multiple Dwelling District. To the north is the other portion of the apartment complex already zoned "RM-3" Multifamily 3 District. Additionally, there are several properties zoned "CG-2" General Commercial across Corona Drive and consist of retail, office, and restaurant uses. To the south are single-family residences (Stonegate North #2 Subdivision) zoned "RS-6" Single-Family 6 District. The single-family homes were built in the early 1970s. To the east are properties zoned "CG-2" General Commercial and consists of the YWCA and a business park (Plaza Business Park II & III). To the west is a large professional office building (4444 Corona Building) zoned in 1979 as "RM-3/SP" Multifamily 3 District with a Special Permit and "RS-TF" Two-Family District with a Special Permit. The Special Permit (Ordinance # 015052) allowed for the professional office building to be constructed. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RM-3" Multifamily 3 District is consistent with the adopted Comprehensive Plan (Plan CC) and the following policies: Staff Report Page 3 • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property was zoned "R-2" Multiple Dwelling ("RS-TF" Two-Family) District as defined by the former Corpus Christi Zoning Ordinance in 1972. The former Zoning Ordinance allowed up to 10 dwelling units per acre by-right in the "R- 2" Multiple Dwelling District. There are no plans to build any additional units to the existing apartment complex. • The existing apartments closest to the single-family residences are in compliance with required 2:1 setback requirement. • Due to the adjacency to properties zoned "RS-6" Single-Family 6 District, a Type A buffer yard will be required along the southern property line. Type A buffer yards consist of a 5 point requirement as per the Unified Development Code (UDC). There is currently an adequate solid screening fence along the rear property line. Planning Commission and Staff Recommendation (July 11, 2018): Approval of the change of zoning from the "RS-TF" Two-Family District to the "RM-3" Multifamily 3 District. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 Number of Notices Mailed — 34 within 200-foot notification area = 5 outside notification area 0 M As of July 6, 2018: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area n — 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0718-02 Augusta Embassy House,LLC\PC Documents\Staff Report_0718-02 Augusta Embassy House,LLC.docx Staff Report Page 4 CG-2 q� RM-3 hyo SP179-12 �f C�QOM/ OR RS-TF RM-3 SP179.12 5 34 CG-2 SUBJECT 18 i/i/iiiii/ CG 2 28 PROPERTY o� 21 24 e 4 — o�" 13 3 16 a 1 22 Z� ? 30 12 8 27 9 20 25 6 7 P9 Q M 14 23 ?0 � RS-B 3i 1726 32 Qr 19 if COtro ��7 33 o�,FoR® OR ���► F wQY Dafe Created: 1/2018 So Preyed ay:reremyne Feet n partmem or lxnnirrpr;en=senrees CASE: 0718-02 ZONING & NOTICE AREA RM-1 MMtitamilyi IL Llghtlntlustrlal RM-2 Multifamily 2 IN Heavy Industrial RM-3 Multllamlly9 PUO Planned Unit De,Overlay ON Professional Office RS-10 Single-Familyll) RM-AT MUMfamlly AT RS-6 Slagle-Family S S EJECT 9 4 CNA Ncighborhaud Commerc®I RSd.S 5ingle-FamIIy4A ROPERTY CN-2 Neighborhood Commercial R5-TF lWo-Family4} CR-1 Resort Commercial RS-15 131n91e-Famllyl5 CR-2 Resort Commercial RE Residential Estate CG-1 General COMMOMW RS-TH Townhouse R CG-2 Ge neral Commercial SP Special Permit CI Into nsive Commercial Ry Recrcatlonal Vehicle Park CRO Downtown Commamlal RMH Manutacturetl Home 'ice CR.1 Resort COmmerclel FR Fann Rural H Historic Overlay A RP Business Park wanrn P eP.nrO o I.— �P+� g City of fh N 2P0'bur In ravor \ 4 owne wimi zad•rs boa or,— LOCATION MAP Ct1� i{lu.1, ef�chedawnership lebk Xin opposition CIILlSt1 Il I • I 1 Zoning Case #0718-02 Augusta Embassy House, LLC. Rezoning for a Property at 4502 Corona Drive City Council Presentation August 14, 2018 J Aerial Overview re Y P � •- 0 po - •^•�'. ��OP JA Subject Property at 4502 Corona Drive i T " It \Vicinity Map �v n. a ek 4 (c)QpenStreetMap and contributors„ —Weative CommonsShareAlike License 3 Zoning Pattern i QG�vtl(��3jJp(�p �� - ° 00 00 9Olt t'"' % -= Staff Recommendation Approval of the change of zoning from the "RS-TF" Two-Family District to the "RM-3" Multifamily 3 District . D Requirements U C Buffer Yards: RM-3 to RS-6: M;gr Type A: 5 pts. Setbacks: Street: 20 feet , Street (Corner): 15 feet Rear: 2:1 Setback (height) Parking: 1 BR— 1.5 spaces/unit 2 BR—2 spaces/unit f 1 space/ 5 units—Visitors 9 Landscaping, Screening, and Lighting Standards Uses Allowed: Single-Family Homes, Duplexes,Apartments, and Day Care Uses. se GO O Va. v AGENDA MEMORANDUM NORROPpEO First Reading Ordinance for the City Council Meeting of August 14, 2018 1852 Second Reading Ordinance for the City Council Meeting of August 21, 2018 DATE: July 26, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema�cctexas.com 886-2604 Accepting and appropriating the 2019 Selective Traffic Enforcement Program grant from the Texas Department of Transportation (TXDOT) CAPTION: Ordinance authorizing acceptance of$154,957.39 grant from Texas Department of Transportation for 2019 Comprehensive Selective Traffic Enforcement Project with a city match of$51,551.05; and appropriating $154,957.39 in Police Grants Fund PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: TXDOT is providing funding to continue the overtime STEP enforcement grants in the Police Department for 2019. The grant provides overtime funding for DWI, Speed enforcement, and distracted driving across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $51,551.05 for retirement, mileage, and indirect costs. The grant period is 10/01/2018— 09/30/2019. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount 0 0 0 This item $51,551.05 $51,551.05 BALANCE $51,551.05 $51,551.05 Fund(s): Police General Fund Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award contract Ordinance authorizing acceptance of$154,957.39 grant from Texas Department of Transportation for 2019 Comprehensive Selective Traffic Enforcement Project with a city match of $51,551.05; and appropriating $154,957.39 in Police Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $154,957.39 for the 2019 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for Driving While Intoxicated (DWI), speed enforcement, and distracted driving overtime, with a city match of$51,551.05, for a total project cost of $206,508.44. SECTION 2. That $154,957.39 grant is appropriated in the No. 1061 Police Grants Fund to continue funding overtime for DWI, speed, and distracted driving enforcement. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza 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 2 SC GO O Va. v AGENDA MEMORANDUM NORROPp�EO First Reading Ordinance for the City Council Meeting of August 14, 2018 1852 Second Reading Ordinance for the City Council Meeting of August 21, 2018 DATE: July 27, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema�cctexas.com 886-2603 Accepting and appropriating the HIDTA grant award for the Police Department CAPTION: Ordinance authorizing acceptance of $122,535 grant from Executive Office of the President, Office of National Drug Control Policy, for the High Intensity Drug Trafficking Area program; and appropriating $122,535 in Police Grants Fund PURPOSE: The grant award needs to be accepted and the funds appropriated. BACKGROUND AND FINDINGS: The Corpus Christi Police Department is in the 22nd year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full-time program coordinator, one administrative assistant, and overtime for 4 Corpus Christi Police Officers, 4 lease vehicles, and miscellaneous equipment. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. This grant award is for the time period 01/01/2018 — 12/31/2019. There are no matching funds required. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $45,950 $76,585 $122,535 BALANCE Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant agreement Ordinance Ordinance authorizing acceptance of $122,535 grant from Executive Office of the President, Office of National Drug Control Policy, for the High Intensity Drug Trafficking Area program; and appropriating $122,535 in Police Grants Fund BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $122,535 from the Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four Corpus Christi Police Officers, and four lease vehicles. SECTION 2. That $122,535 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four Corpus Christi Police Officers, and four lease vehicles. 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 Executive Office of the President AWARD Page 1 of I Office of National Drug Control Policy Grant I. Recipient Name and Address 4. Award Number: G18HN0006A Chief Mike Markle Corpus Christi Police Department 5. Grant Period:From 01/01/2018 to 12/31/2019, 321 John Sartain Street Corpus Christi,TX 7.8403-2511 2. Total Amount of theYederal Funds Obligated: 6. Federal Award Date: 7. Action $122,535 5/29/2018 2A. Budget Approved by the Federal Awarding 8. Supplement Number 1 Agency$122,535 Initial X]Supplemental 3. CFDA Name and Number: 9. Previous Award Amount:' $42,887.00 High Intensity Drug Trafficking Areas Program-95.001 3A. Project Description 10.Amount of Federal Funds Obligated by this Action: $79,648.00 High Intensity Drug Trafficking Areas(HIDTA) 11.Total Amount of Federal Award: Program $I22,535.00 12. The above grant is approved subject to such conditions or limitation as are set forth in the original Grant. Consistent with P.L. 115-141 /H.R. 1625, Consolidated Appropriations Act,2018,this Grant Award document provides additional funding in the.amount indicated in Block 10. This amount,together with the amount equivalent to 35%of the fiscal year 2017 funding level previously made available,as indicated in Block 9,represent the total FY 2018 budget and spending ceiling for this grant,as indicated in Block 11. 13. Statutory Authority for Grant:Public Law:115-141 AGENC►,Y APPROVALN, , .b KGs ;�;��;': z rpp�RECIPIEIrTTACCE)P,TANCE « -F ` .7.• - —.:tr�..rz-+M rL r-�:.-.srrrcrs'.'=,� ti:. F-� 14. Typed Name and Title of Approving Official 15.Typed Name and Title of Authorized Official -Michael K. Gottlieb Mike Markle Associate Director Office of National Drug.Control Policy Corpus Christi Police Department 16. Signature of Approving ONDCP Official 17.Signature of Authorized Recipien to phi C�tCtelt 1C. 9�o1-I-(ie$ AGENIC*Y!USEONL,Y _= 18. Accounting CIassification Code 19.HIDTA AWARD DUNS: 069457786 OND1070DB 1819XX OND6113 EIN: 1746000574A5. OND2000000000 QC 410001 Initiative Cash by HIDTA FY 2018 Current Budget(net of reprogrammed funds) HIDTA Agency Name Initiative Cash Type Grant Houston Corpus Christi Police Department Texas Coastal Corridor 122,535.00 Investigation G18HN0006A Initiative(TCCI) Agency Total:Corpus Christi Police Department 122,535.00 Total 122,535.00 5/7/2018 3:00:50 PM Budget Detail 2018 - Houston Initiative - Texas Coastal Corridor Initiative (TCCI) Investigation Award Recipient - Corpus Christi Police Department (GiSHN0006A) Resource Recipient - Corpus Christi Police Department rndiix%t cost:0.0% Cement Budget(net of rwrvgrammed funds) $1.2.2,535.00 Personnel Quantity Amount Administrative Staff 1 $38,535.00 Total Personnel $38,535.00 QuantityFringe Administrative staff 1 $15,000.00 Total Fringe $15,000.00 'Overtime Quantity Amount Investigative - Law Enforcement.Officer 4 $36,000.00 Total Overtime $36,000.00 Services Quantity Amount Equipment rentals $1,800.00 Vehicle allowance 4 $31,700.00 Total Services $33,000.00 Total Budget $122,535.00 nage 1 of 1 5/712018 3:00:51 PM .mus cr 00 0 yy�pgP00.pEp AGENDA MEMORANDUM 1852 First Reading Ordinance the City Council Meeting of August 14, 2018 Second Reading Ordinance for the City Council Meeting of August 21, 2018 DATE: July 21, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for the Del Mar College Foundation Process and Instrumentation $2,356,000 CAPTION: Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College Foundation for $2,356,000 to expand the Process and Instrumentation Technology Program; appropriating $2,356,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. PURPOSE: Provide a grant from the Type A fund to the Del Mar College Foundation to purchase Process and Instrumentation Technology equipment for expansion of that curriculum. This equipment will be used to provide needed training for process and instrument technicians as industries that rely on these processes continue to invest and locate in the Coastal Bend Region. BACKGROUND AND FINDINGS: The Board approved a grant of$1,390,071 in December 2013. Since that time Del Mar has purchased and implemented the equipment necessary for their Process Technology program. The College's Process Technology Program and Industrial Instrumentation Program address the region's growing need for skilled technicians in process technology, instrumentation, industrial automation, process control, safety and related fields. Del Mar proposes to expand its abilities to deliver training in these areas by adding training in ethylene cracker systems, industrial process maintenance, and the full scope of industrial pump and tank transfer training to further support our area's workforce needs. The target goals are six-fold: • Significantly increase the number of awards in Process Technology and Instrumentation Specialist to 400 related awards annually and an enrollment of 1,000. • Increase the awards in the newly added Millwright Program (Industrial Rotating Equipment Specialists). The addition of the Pump Transfer skid will further support Process and Instrumentation training programs and Transportation Training Services. • Increase the number of awards in Environmental Science to support safety assessment and OSHA requirements throughout multiple industrial applications directly related to area petrochemical and industrial plants. • Increase the job-ready proficiency of graduates from the Process and Instrumentation Technology program in response to area industry needs by adding Industrial Process Maintenance Training and Ethylene Cracker Training Skids as well and provide cross training for multiple industrial applications directly related to area plants. • Add one more Instrumentation Control Room with full integration into all training skids to increase training related to Industrial Instrumentation Technology. • Increase the number of Safety and Welding graduates to support technology fields. ALTERNATIVES: This is the only incentive that this project is eligible for. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to locate and thrive in Corpus Christi EMERGENCY/ NON-EMERGENCY: NON-EMERGENCY DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 2,356,000 2,356,000 BALANCE 2,356,000 2,356,000 Fund: Type A Fund RECOMMENDATION: The Board of Directors of CCREDC and the Type A Board recommend approval of this item. LIST OF SUPPORTING DOCUMENTS: Ordinance, Proposal — DMC Foundation, Agreement - DMC Page 1 of 2 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College Foundation for $2,356,000 to expand the Process and Instrumentation Technology Program; appropriating $2,356,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation (the "Type A Corporation") and Del Mar College Foundation ("Del Mar") providing a grant of $2,356,000 to expand Del Mar College's Process and Instrumentation Technology Program by purchasing a Process Technology Base Unit and Glycol Distillation Unit with ancillary equipment/software and a Process Control Learning System as approved by the Type A Corporation on July 16, 2018, is approved. The agreement is attached hereto and incorporated by reference. SECTION 2. That $2,356,000 from the unreserved fund balance in the Fund No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Del Mar to expand their Process and Instrumentation Technology Program. SECTION 3. That Ordinance No. 031255, which adopted the FY 2017-2018 Operating Budget, is amended to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $2,356,000 for a business incentive grant from the Type A Corporation to Del Mar to expand their Process and Instrumentation Technology Program. @BCL@942F9CE4.docx Page 2 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 @BCL@942F9CE4.docx Training Expansion Project 12017 ICM DEL MAR COLCOLLEGE DEL MSR IJILIFOUNDATILON p d e fi r _ Expanded Training for Process Technology, Instrumentation and Related Technologies Project Type: Education/Skills Development Location: Del Mar College West Campus State: Texas Municipality City of Corpus Christi County: Nueces Grant Amount: $2,356,000 Grant Recipient: Del Mar College Foundation, Inc. Date: 11/10/2017 11 Page Training Expansion Project 12017 Grant Applicant Contact Information: Del Mar College Foundation,Inc. Mary McQueen, CFRE Executive Director of Development Del Mar College Foundation, Inc. 101 Baldwin Blvd Corpus Christi, Texas 78404 361-698-1317 W 361-698-1257 F 361-815-1157 C mmcqueen2(2delmar.edu Del Mar College Lenora Keas Vice President, Workforce Development and Strategic Initiatives Del Mar College 101 Baldwin Blvd Corpus Christi, Texas 78404 361-698-1208 W lkeaskdelmar.edu Charles McKinny Dean of Business, Industrial and Public Safety Education Del Mar College 101 Baldwin Blvd. Corpus Christi, Texas 78404 361-698-1700 cmckinnyl(2 delmar.edu Steve Moore, Technology Education Division of Business,Professional and Technology Education Del Mar College 101 Baldwin Blvd Corpus Christi, Texas 78404 361-698-1838 W smoore23@delmar.edu 2Page Training Expansion Project 12017 Project Summary For decades, Del Mar College (DMC) has partnered with industry to address employers' workforce development needs, providing quality instruction through credit, continuing education and specialized contract training to produce the skilled employees needed in South Texas' Coastal Bend region. As more businesses and industries locate here from other parts of the United States and from around the globe, the College serves as the primary responsive training resource addressing their essential workforce requirements. The College's Process Technology Program and Industrial Instrumentation Program address the region's growing need for skilled technicians in process technology, instrumentation, industrial automation, process control, safety and related fields. DMC proposes to expand its abilities to deliver training in these areas by adding training in ethylene cracker systems, industrial process maintenance, and the full scope of industrial pump and tank transfer training to further support our area's workforce needs. The target goals are six-fold: 1. Significantly increase the number of awards in Process Technology and Instrumentation Specialist to 400 related awards annually and an enrollment of 1000. 2. Increase the awards in the newly added Millwright Program (Industrial Rotating Equipment Specialists). The addition of the Pump Transfer skid will further support Process and Instrumentation training programs and Transportation Training Services. 3. Increase the number of awards in Environmental Science to support safety assessment and OSHA requirements throughout multiple industrial applications directly related to area petrochemical and industrial plants. 4. Increase the job-ready proficiency of graduates from the Process and Instrumentation Technology program in response to area industry needs by adding Industrial Process Maintenance Training and Ethylene Cracker Training Skids as well and provide cross training for multiple industrial applications directly related to area plants. 5. Add one more Instrumentation Control Room with full integration into all training skids to increase training related to Industrial Instrumentation Technology. 6. Increase the number of Safety and Welding graduates to support technology fields. DMC is working with Advanced Technologies Consultants, Inc. to develop the Ethylene Cracker Simulation Training and Industrial Process Maintenance Training Units and all related training modules. The estimated cost of these training skids with the additional instrument control room and equipment is $2,006,000. NuStar will relocate a pump transfer unit ($1 million value) to DMC. Deconstruction, transportation, pad and infrastructure preparation and reinstallation of the unit at a West Campus site is $350,000. All additional training skids will be installed at locations contiguous with the original Pilot Plant. The full cost of the expansion project is $2,356,000. 31 Page Training Expansion Project 12017 Program Need Economic opportunities and demand for a highly skilled workforce are the driving forces in the region. The MSA is experiencing significant capital investment in new and existing industries which total approximately $50 billion over the five year period. Documents from the Corpus Christi Regional Economic Development Corporation list the new investments, related jobs and average salaries. The following are significant capital investments to the College's service area: • Gulf Coast Growth Ventures —comprised of ExxonMobil Chemical Corp. and Saudi Basic Industrial Corp. announced a$10 billion investment that will created 11,000 construction jobs and 600 permanent jobs with average salaries of$90,000. • M & G Resins —an Italian company at the Port of Corpus Christi with direct investment of$1.1 billion and creating 225 permanent jobs is in the final stages of construction. • OxyChem —finalizing construction on a joint venture with Mexichem to build an ethylene cracker in San Patricio County. • Cheniere Energy—liquefaction project under construction with a direct investment of $14.5 billion and creating 250 permanent jobs. Presently 3,500 construction workers are on location. The company has announced the addition of trains four and five and is also in the process of purchasing the existing Sherwin Alumina site to expand further. • LyondellBassell, Inc. —expansion of operations with an investment of$500 million and creation of 18 additional permanent jobs. • voelstapine Texas, LLC —largest direct investment in new steel production by the Austrian company with a direct investment of$740 million. The Port of Corpus Christi completed a $70 million expansion of the La Quinta canal that provides additional capacity for this growth and diversification of industries. The Port has moved from the 6th largest port in tonnage to the 5th largest port in the United States. Along with the opening of the Panama Canal this year, the port will continue to grow. The existing Harbor Bridge, built during the 1950s, will be replaced with a new expanded bridge to accommodate larger ships. Construction on the $1 billion project began in 2017. Contractors are presently on site. Existing petrochemical industry leaders located on the Corpus Christi ship channel are facing retirements from their workforce. As a result, the competition for a skilled workforce will continue to grow, compounded by increased interest from international and national investors. Key skills needed to support the expanding local industrial base include Process Technology, Industrial Instrumentation, Millwright or Industrial Mechanics, Environmental/Petrochemical Lab Technology, Occupational Safety and Health Technology and Welding, as each of these technicians support the operational activities of local refining and manufacturing plants. This proposal addresses the need for additional training facilities to increase both the scope of training and the numbers of students served to further develop the skill workforce needed to support local industry. 41 Page Training Expansion Project 12017 Program Narrative The long term objective of the project is to enhance and expand training programs to further support existing and proposed business developments that rely on well-trained technicians. Del Mar College's mission is to provide access to quality education, workforce preparation, and lifelong learning for students and community success. As a nationally recognized, locally focused community college, DMC serves a diverse population of adult learners, dual credit students, continuing education students, and high school graduates seeking to grow in knowledge, skills and career opportunities.Ninety percent of our students come from and remain in our community, making Del Mar College a primary economic catalyst for the region as we increase the educational level and workforce skills available to support local business and industry. In 2014 and 2016, the community approved nearly $300 million in bonds for creation of a South- side campus, new construction on East and West Campuses and improvements to the infrastructure of the College. These improvements include more than $30 million to build a new Workforce Development Center on the West Campus and expand the Emerging Technology Building. The new facilities will provide state-of-the-art laboratories, dedicated corporate training bays and integrated classrooms. Since 2013, the College has received funds totaling nearly $2.4 million from the Texas Workforce Commission through six Skills Development Fund grants supporting local job training for industry partners such as TPCO America Corporation, Valero Refining — Texas LP, CB & I Inc., Dynamic Industries Inc., voestalpine, M&G Resin USA, and others. The College's Process Technology and revised Industrial Instrumentation Programs are currently addressing the region's growing need for skilled technicians in process technology, instrumentation, industrial automation, process control, safety and related fields by upgrading and adding state-of-the-art instructional equipment, including a nearly $2 million Glycol Pilot Plant. This unit is located on the College's West Campus and provides hands-on training simulating real world experiences. The Glycol Pilot Plant includes a large-scale industrial process system that facilitates training in operational activities regularly undertaken by process operators/technicians within the refining, petrochemical and oil and gas industries. Features focus on common tasks and formal procedures and include calibration of equipment, operation of pumps, control valves, wireless controllers and manual and digital control systems. The fully-computerized control room simulates real-time operations similar to any industrial site. Additionally, the College outfitted process and instrumentation labs with large-scale fluid process systems allowing for hands-on training related to measurement and control of four process variables: level, pressure, temperature and flow. This equipment allows for creating simple and advanced process loops using common industrial-quality instruments and controllers. The modular concept for this facility allows for integration of alternative instrumentation as needed to address local training needs. 51 Page Training Expansion Project 12017 Funding for the original Pilot Plant represented support from the Corpus Christi City Council's Type A Board for almost$1.4 million, along with nearly $450,000 in contributions from partners tied to the refining, petrochemical, and oil and gas industries. The College also funded $321,000 toward the skid unit, which uses heated water to simulate refinery processes and expands training that directly meets industry's skills and knowledge requirements. Overall, the Pilot Plant integrates multiple career tracks and crossover skills so that students can transition into numerous areas within industry. The number of students majoring in Process Technology continues to grow. From fall 2009 to fall 2016 program enrollment increased from 86 students to 295, more than tripling the number of declared majors in the field. Del Mar College foresees increasing enrollment by 200%, to 600 students within the first year after fully implementing the proposed enhanced training program with a goal of maintaining 1000 enrollments annually no later than year five (5) of the program expansion. This increase includes diverse learning awards from high schools, college credit programs and corporate training and continuing education certificates. The target range for degree and certification awards through the expanded program is 100 to 400 awards annually, with an anticipated 400 awards annually by year five (5). The College added training for Millwrights, or industrial rotating equipment specialists, who troubleshoot issues and maintain and repair equipment within refineries and other industrial and manufacturing facilities. Del Mar College also has the ability to add multi-craft certification that incorporates welding, pump, mechanical, instrumentation and process technology training with students focusing on one of these areas to earn an associate's degree and then earning certifications in the other areas to become multi-skilled employees. The College partners with over 40 Coastal Bend high schools to deliver dual credit common core curriculum and technical programs. Ingleside Independent School District (ISD) offers a dual credit Instrumentation Program, and four industry partners supported this initiative with a combined $251,000 for equipment and facility upgrades. Students work towards Level I certification to become industrial instrumentation installers and can complete their associate's degree after graduating from high school. Gregory-Portland ISD has aligned their priorities to place greater emphasis on Career and Technical Education initiatives as well. Already a dual credit partner with DMC for welding instruction onsite, GPISD offers their students Process Technology training. Additionally, Del Mar College's General Education Development (GED) Program offers a Career Pathways program that connects education and training strategies to enable students to secure industry relevant certification while also earning their high school equivalency certificates. Industrial Instrumentation is among the fields offered. As economic growth continues in the Coastal Bend, Del Mar College will serve as a resource to ensure our region's workforce is globally competitive. At Del Mar College ... "dreams are delivered." 61 Page Training Expansion Project 12017 Proposed Project Expansion The increase in enrollment and graduates over the past four years is directly related to the development and implementation of the Glycol Distillation Pilot Plant which was completed and _ operational by March 2016. Plans for the expansion of this training facility with the construction of the Workforce Development Center will represent a { world-class program unique in the United States. Once operational, it is expected this state-of-the-art training facility will allow Del Mar College to once again double its enrollment, allowing it to address the growing needs of the area for a skilled workforce training in multiple facets of the complex refining operations. The new Workforce Development Center currently under construction creates a complex that combines the existing facilities, learning labs and Pilot Plant with new and expanded technical skills development facilities to educate the workforce of the future. This new building is designed to provide over 49,000 square feet of technical and industrial learning space with 31% dedicated to process technology, instrumentation, and millwright as well as an analytical lab for petrochemical and petroleum product analysis. Located on the first floor is the Process Technology Laboratory featuring a variety of functioning models simulating multiple aspects of petrochemical and chemical processing. Process Technolo2y Laboratory: The Process Technology Laboratory will feature chemical processing equipment to provide both theory and hands- . on instruction in areas of chemical and unit operations. Examples include: continuous distillation equipment using Thermosiphon boiler, bubble tray column and external refux to allow students to study the distillation - process; three-phase separator to provide a study of a major step in the oil industry — water, oil and gas separation in extraction well outlet; liquid-extraction _ mixer settler to provide a study of a liquid-liquid extraction wherein students would learn the identification of the operation conditions; and control absorption and regeneration to provide a study on the migration of product from gas to liquid phase. The estimated cost of the required equipment is $750,000. Only $250,000 of this cost is begin requested in this proposal. The remaining $500,000 is being sought from industry partners. Analytical Laboratory: The new analytical lab will contain instruments used in petrochemical and environmental laboratories to analyze the products from the refineries and oil field as well as the environmental samples from those industries and the water and waste water treatment facilities in South Texas. Some of the instruments students will work with include: atomic absorption spectrometer, gas chromatograph with mass spectrometer, ion chromatograph, automatic distillation apparatus, total organic carbon analyzer, UV-Vis spectrometer, auto and 71 Page Training Expansion Project 12017 flash point tester. These instruments are used by lab technicians to analyze product in the refineries from the time the product enters the plant as crude, through each step in each process unit, until it leaves the plant as finished product. The equipment is also used by lab technicians in environmental labs to analyze environmental samples to determine contaminant levels for treatment to efficiency to meet EPA and TCEQ permit requirements. The estimated cost of the required equipment is $500,000. Only $250,000 of this cost is begin requested in this proposal. The remaining $250,000 is being sought from industry partners. Pump Transfer Technolo2y: To address the ever expanding workforce needs of area industry, Del Mar College must obtain pump transfer technology. The current DMC machining program is being expanded to incorporate the advanced skills needed by millwrights including training on a wide variety of rotating equipment found on industrial job sites from simple pumps to complex power trains. NuStar is donating its pipeline and pump transfer training skid which is to be transferred to the DMC West Campus and located next to the Glycol Distillation Pilot Plant. The Pump Transfer skid will provide students with practical application of the theory and concepts taught in the classroom and introduced in the school's laboratory facilities. Training will include: Medium-voltage motor controls allowing students to troubleshoot and monitor motor control applications, and practice NFPA-70E arc flash electrical safety procedures, lockout/tagout, and condition monitoring of rotating equipment. Advanced mass flow metering applications will give students opportunities to experience hands-on work with relevant process equipment equal to what they will encounter in the field. Applications involving motorized valve actuators, material transfer and pipeline operations will prove invaluable as the students prepare to enter the workforce as trained process professionals. The estimated value of the training unit is $1,000,000. The cost of moving the NuStar pump transfer training unit to Del Mar College is $350,000 and includes deconstruction of the facility at the NuStar site, transportation to Del Mar College West, site, utility installation and pad preparation at the West Campus location and reconstruction of the unit. The weight of this training unit calls for reinforced pad which is reflected in the cost estimate. Instrument Control Room: A second instrument control assembly will be created in the current Hato building and subsequently relocated to the new Workforce Development Center as that facility comes online. Both control rooms will be designed or retrofitted to provide control and instrumentation process for all learning skids. The addition of a second control room will double student training access to all components of the Pilot Plant, Ethylene Cracker, Industrial Process Maintenance and Pump Transfer training skids. Opportunities to work with advanced instrumentation installation will help Del Mar College elevate the Process Technology and Instrumentations programs to new heights as we provide world-class training facilities for our developing area workforce. Training on this unit will support multiple educational programs including Millwright, Process Technology, Instrumentation and Transportation Training. The cost of the additional Instrument Control Room, including assembly, programming, computers, cameras, TV monitors and FFE (furniture, fixtures and equipment)is $226,000. 9 1 P a g P Training Expansion Project 12017 Ethylene Cracker Technology: The Ethylene Cracker Training Unit will provide training systems to deliver competent students to the workforce with real-world hands-on experience in industrial equipment that is typical of multiple local operating facilities. This training system will consist of 1) a reactor, which is multiple tubes inside a high temperature fired heater; 2) heat recovery boiler to partially cool the gas from the reactor; 3) quench column to finish cooling; 4) compression to raise pressure for gas removal. The proposed system will use only nitrogen and water to prevent student exposure to chemical reactions yet provide simulations of the different kinds of operations utilized in the field. Students will gain a comprehensive understanding of the heat exchange principals to a level needed to control various operations. In particular, the operator needs to understand the factors affecting efficient operation of a heat exchanger in order to make appropriate adjustments or recognize when maintenance is required. Technologies employed at this facility will be common to technologies seen in the refining and petrochemical industries. The intent is to have a broad range of applicability to multiple disciplines and to serve a broad audience including students, technicians and engineers with a system designed to train on heat exchanger process controls and operations. The unit will simulate the industrial process of cracking controls and operations relevant to multiple operations and technologies. The equipment will be designed to accommodate up to 12 students in the skid decking during class to include knowledge of: • All items on a schematic of the heat exchanger system and the function of each • Principles of operation of heat exchangers • Correct methods of starting, operating and shutting down heat exchangers • Issues related to pressure vessels (regulations, requirements) • Physics and chemistry relevant to the process unit • Duty of care obligations • Hierarchy of control • Communication protocols, e.g. radio,phone, computer, paper, permissions/authorities • Routine problems, faults and other resolution • Relevant alarms and actions • Plan process idiosyncrasies • Cause of heat loss and change in heat transfer coefficient/rates • Corrective action appropriate to the problem cause • Function and troubleshooting of major internal components and their problems, such as tubes and baffles Steam Boiler start up functions, skills will include: • Numeracy: interpret instruments, gauges and data recording equipment, use measuring equipment • Communication: use appropriate communication strategies with work colleagues and other personnel on site to manage steam boiler start up 91 Page Training Expansion Project 12017 • Reading: interpret documentation, procedure manuals and customer orders relevant to steam boilers • Writing: record start up activities accurately and legibly, using correct technical vocabulary • Problem solving: maintain situational awareness, analyze adjust process to maintain and coordinate safety, quality and productivity • Technical: use electronic and other control systems to control equipment and processes; access, navigate and enter computer based information Fired Heater functions, skills will include: • Principles of combustion of fuels (natural gas and fuel oil) • Use of combustion equipment and controls for thermal liquid heater and fired heater draft equipment; natural, induced, balanced burner management systems for heating boilers and fired heaters • Methods of lighting gas and oil-fired thermal liquid heaters and fired heaters • Methods of cleaning oil and based fired burners used in thermal liquid heaters and fired heaters • Requirements for proper combustion of fuels • Adjustments made for proper burner combustions • Causes and prevention of furnace explosions • Sizes and identification of piping,pipe fittings and value connections • Expansion joints, bend, support, hangers and insulation • Drainage requirement including separators, traps water hammer valve type, both construction and application The cost of the Ethylene Cracker Unit is estimated at $975,000 with an additional site preparation cost of$100,000 which will include concreate pad installation to support the unit and utilities, water, nitrogen and natural gas supplies. Industrial Process Maintenance Trainer: This training skid will provide training on multiple operations associated with industrial maintenance within the Process Technology industry. The system will be a modular, steel grated work surface with interchangeable systems including: welded-steel pump foundations and tank mounting pads; welded and flanged process piping systems fabricated to ANSI standards; parallel and paired centrifugal pumps designed for common maintenance activities; three hundred gallon tank including bulkhead fitting and flanges for process connection and instrumentation connections, all tanks to include vents, drains, sight glasses/level gauges with block valves; tank level gauges including gauge column sight glass and magnetic level indication gauges; Fisher brand diaphragm actuated control valves with pneumatic positioners; industrial hose station; removable pipe allowing for installation and calibration of alternate flow instrument types; an assortment of flanged connections; control 101 Page Training Expansion Project 12017 valves, PLC's and transmitter, and integrated safety features. The skid design will facilitate common exercises of related installation/removal of common piping components including Fox valves, then/trans, strainers, reducers and pressure gauges. The intent is to have a broad range of industrial maintenance procedures common to in field application within the process technology industry. The equipment will be designed to accommodate up to 12 students in the skid decking during class to include knowledge of: • Proper line break procedure and button back up • Lock out Tag Out(LOTO)procedures —HED, locks lists • Installation of blinds, blinds with spacers • Blind controls—blind boards, streamer, etc. • Group lock boxes and associated paperwork • Difference gaskets —ID them and change out • Installation of orifice plates, orientation and correct sizing • Cleaning/clearing of equipment for maintenance and entry — steaming, chemical cleaning • Angle working of lines, drops and control valves • Purging, inventorying equipment for return to service • Entry permitting, vessel sniffing, purging with blowers • Isolation troubleshooting, checking LOTO sheets, blind sheet, hazardous energy control with students building and verifying the above • Using four gas meters for hot work and entry permits • Different types of equipment clearing—oily water sewer, flare. Common tank, etc. • Pumps, separation on/off switches, individual breakers, suction screens, common suction and discharge vessels, low point drains, high point vents • Leak testing using N2 and H2O and snoop • Punch out lists an guidelines • Piping, gasket IS on flanges • Injection quills and ID with chemical pump The cost of the Industrial Process Maintenance Training Unit is estimated at $355,000 per unit with an additional $100,000 for site preparation which will include concreate pad installation to support the unit and utilities. DMC is actually seeking two such units, but will seek industry funding for the second unit. Overall Cost Summary: The overall cost of the Training Expansion Project submitted for funding is $2,356,000 which includes $1,075,000 for the Ethylene Cracker Training skid including unit training and site preparation, $455,000 for one of the Industrial Process Maintenance Training skid including unit training and site preparation, $226,000 for the 111 Page Training Expansion Project 12017 additional Instrument Control Room and equipment, $350,000 for the Pump Training Skid installation and site preparation, $250,000 for additional technology for the Process Technology Lab and $250,000 for additional technology and equipment for the Analytical Lab. The full project budget is outlined below based on estimates from vendors: Total Project Budget Item # Unit Price Total Notes Estimates from Advanced Technology Ethylene Cracker Consultants for custom designed Simulation Training Unit 1 $ 955,000 $ 955,000 training skid Unit Training 1 1 $ 20,000 $ 20,000 Training on Unit for faculty Site Preparation 1 $ 100,000 $ 100,000 For Ethylene Cracker Unit Estimates from Advanced Technology Industrial Process Consultants for custom designed Maintenance Training Unit 1 $ 335,000 $ 335,000 training skid Unit Training 1 $ 20,000 $ 20,000 Training on Unit for faculty Site Preparation 1 $ 100,000 $ 100,000 For Ethylene Cracker Unit Instrument Control Room Assembly & Programming 1 $ 80,000 $ 80,000 Computers &software 6 $ 2,500 $ 15,000 Cameras, purchase and installation 20 $ 3,000 $ 60,000 TV Monitors & installation 8 $ 4,500 $ 36,000 Furniture, Fixtures & Equipment (FFE) allotment 1 $ 35,000 $ 35,000 Pump Training Unit Trucking and Installation 1 $ 200,000 $ 200,000 Pump Training Unit site preparation 1 $ 150,000 $ 150,000 Process Technology Lab Equipment $ 250,000 $ 250,000 Chemical Analytical Lab Equipment $ 250,000 $ 250,000 Total $ 2,356,000 Type A Funding Request: Del Mar College through the Del Mar College Foundation, Inc. requests education/skills development funds from the Type A fund to assist in acquiring the necessary equipment to expand the Process Technology, Instrumentation, Millwright and related training programs such as welding and safety in the amount of$2,356,000. With this investment from Type A support, potential implementation of the new training skids would be completed in fall 2018 with the target opening of the new Workforce Development Center in spring 2019. 121 Page Training Expansion Project 12017 Del Mar College Contribution: Del Mar College is investing over $30,000,000 for West Campus expansions, including a construction of a new Workforce Development Center (WDC) and expansion of the Emerging Technologies Building. The Workforce Development Center will be located adjacent to the current Pilot Plant and include state-of-the-art laboratories, dedicated Corporate training bays and integrated classrooms. The cost of the Workforce Development Center is $14,700,000 and is being funded out of approved 2014 General Obligation Bond funds. The new building is designed to provide over 49,000 square feet of technical and industrial learning space. With 31% of the space dedicated to process technology, instrumentation and millwright as well an analytical lab for petrochemical and petroleum product analysis, Del Mar College is investing $4,557,000 into expansion of the Process Technology, Instrumentation and related technologies with construction of this facility which is critical to the expansion of the workforce training program. The additions training skids and technology requested in this proposal are needed to fully integrate the training for all aspects of industry needs. The total DMC match is $4,557,000. Other support: Del Mar College is working with multiple industrial partners to secure additional funding for the project including $355,000 for a second Industrial Process Maintenance Training Unit, $500,000 for additional technical instruction equipment for the new Process Technology Lab and $250,000 for additional technical instruction equipment for the new Analytical Lab and $200,000 for advanced welding laboratory equipment for an anticipated outside investment of$1,305,000. Multiple proposals have already been submitted. Combined, the match components equal $5,862,000. While in-kind donations may not count toward the match component, it is noteworthy to mention that NuStar will be transferring its pump transfer training unit, valued at $1,000,000, to the Del Mar College West Campus at a location contiguous with the Pilot Plant and additional training skids. In addition OSIsoft has donated in excess of$1 million in software to support integration of educational software in all training skids. This software is comparable to that used within local industry. Economic Impact The expanded program is anticipated to support between 100 and 400 additional Process Technology and Instrumentation Technology graduates per year with average annual salaries of $63,441.27 and $61,568.18 respectively. Charts of salary calculations and economic impact are provided in the Economic Impact Calculations attachment section and include detailed impact with graduations levels at 100, 200 and 400 annually over the next five years. Annual salary estimates also include a 2% annual increase for subsequent years to reflect anticipated cost of living increases. At the minimum level of 100 additional associates degrees and certificate graduates annually (75 Process Technology and 25 Instrumentation each year), the program would provide area industry 131 Page Training Expansion Project 12017 with an additional 375 Process Technology and 125 Instrumentation professionals by year five. The direct economic impact to the community based on salary earnings would be $98,301,407 over the five-year period. Adding the indirect factor with a 1.5 multiplier, as recommended by EMSI(www.economicmodeling.com), increases the economic impact to $245,753,516. Using the mid-range graduation levels of 200 additional graduates each year (150 Process Technology and 50 Instrumentation), area industry would have an increased workforce pool of 1,000 trained technicians by year five. The direct and indirect economic impact of this range over the five-year period is $196,602,813 and $491,507,033 respectively. Del Mar College has a target level of 400 additional associate's degrees and certification graduates annually (250 Process Technology and 150 Instrumentation). At this level, the program would provide area industry with an additional 1250 Process Technology and 750 Instrumentation professionals by year five. The direct and indirect economic impact to the community at this target level is $391,743,666 and $979,359,166 respectively. The anticipated actual outcomes will reflect a ramping-up effect, moving over time from 100 annual awards/graduates to 400 annual awards/graduates. Estimated final indirect economic impact of this training program for the five-year period can be estimated between the $500,000,000 and $750,000,000. Conclusion Del Mar College is grateful for past support provided by the City of Corpus Christi's Type A funds. Investment in 2009 assisted the College in establishing the Northwest Center. Today that center is serving more than 300 students in healthcare, GED, and core English programs. The 2012 expansion of the Del Mar's Aviation Maintenance Training program located at the Corpus Christi International Airport began providing classes in the facility made possible by Type A funds in 2013-2014. Type A funding supported expansion of Transportation Training Services (TTS) in 2012. Since 2013, the program has successfully trained 1,447 students with 98% of students completing the program and 87% successfully entering the transportation industry. A 2013 grant provided essential funds to develop and install the College's first Pilot Plant providing a state-of-the-art, hands-on learning lab for Process Technology and Instrumentation students. Since 2009, enrollment in these programs has more than tripled, from 86 students in fall 2009 to 295 declared majors in these fields in fall 2016. We believe these programs are excellent examples of positive investment by the Board, providing jobs and economic growth for our community. The participation by the Type A program is critical to the expansion of Del Mar College's Process Technology and Instrumentation Training program at this time. We believe an investment of $2,356,000 from the Type A program would enable Del Mar College to ramp up its training to serve the growing and urgent need for trained technicians. 141 Page Training Expansion Project 12017 Economic Impact Calculations 151 Page Training Expansion Project 12017 Del Mar College Academic Program Descriptions 161 Page Training Expansion Project 12017 Training Synopsis The Process Technology program at Del Mar College is designed to prepare graduates to work as process operators in the petrochemical, refining and manufacturing industries. The curriculum provides general education in mathematics, applied physical science, communications, basic computer principles and operation, process operating procedures, fundamentals of process instrumentation, statistical quality control, process equipment, reactions, reactors, distillation process, safety and problem solving/troubleshooting. Students can earn Associate in Applied Science Degrees and Certifications in this program. The Industrial Instrumentation program prepares student for area industries that rely heavily on automated control systems that depend on instrumentation to enhance their efficiency and safety. There are currently no other colleges in the area with this type of Instrumentation degree. Students acquire skills in safety, automatic control systems, instrumentation calibration, instrument installation and instrumentation systems troubleshooting. Students can earn Associate in Applied Science Degrees and Certifications in this program. Millwrights or Industrial Mechanics work on a wide variety of equipment from simple pumps to complex power trains. Technicians in this field may work in a refinery, power plant, or local repair shop. Technicians work on rotating equipment including all types of pumps, blowers, fans, turbines, gear boxes, rotary valves, clarifiers, compressors and turbines just to name a few. Millwrights play a vital role in troubleshooting damaged equipment and working alongside engineers to help determine the root cause of failure. Technicians will also work alongside operations to determine the best way to warm up, start or stop equipment, as well as helping determine a strong preventive maintenance plan to minimize downtime and help predict failures before they occur. Students can earn Associate in Applied Science Degrees and Certifications in this program. Welding is used in all aspects of construction, repair and industrial maintenance where metal components need to be fused for a permanent bond. Welders use all types of welding equipment in a variety of positions, such as flat, vertical, horizontal and overhead. They generally work from drawings or specifications or by analyzing damaged metal, using their knowledge of welding and metals. Students can earn Associate in Applied Science Degrees and Certifications at multiple levels in this program. The Environmental/Petrochemical Lab Technology Program prepares students for careers in the Chemical Process Industry or related laboratory-type jobs. The curriculum allows student to assimilate chemical knowledge, develop laboratory skills and competencies, and develop attitudes and abilities consistent with teamwork necessary to work effectively in the field. Student can earn Associated in Applied Science Degrees or Certifications in this program. The Occupational Safety and Health Technology Program prepares students for careers as Safety Specialists within industry and business. Through the program, the students assimilate knowledge, develop skills, and acquire competencies for careers in the field. 171 Page Training Expansion Project 12017 Upon completion of the program, graduates will be eligible to sit for the Occupational Health and Safety Technologist (OSHT) certification. The program can either lead to an Associates in Applied Science Degree or transfer to a four year institution to complete a Bachelor of Applied Arts and Science Degree. The DMC Transportation Training Services is an intensive training program to help the Transportation Industry with the high demand for qualified truck drivers. Students gain the knowledge and skills to obtain a Class A CDL driver's license through training on state- of-the-art equipment included full motion cab simulators and comparable truck and trailers that are used in the industry. This is a 3 week certification continuing education program. 181 Page BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOUNDATION FOR EXPANSION OF THE PROCESS AND INSTRUMENTATION TECHNOLOGY TRAINING PROGRAM This Business Incentive Agreement for Capital Investments and Education/Job Training ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College Foundation, Inc. ("Del Mar Foundation"), a 501(c)(3) foundation supporting Del Mar College, a political subdivision of the State of Texas. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now coded as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs and job training for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on February 19, 2018 amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on April 17, 2018; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Del Mar Foundation intends to help Del Mar College's Process Technology Program and Industrial Instrumentation Program address the region's growing need for Page 1 of 11 Del Mar Agreement 2018 Final skilled technicians in process technology, instrumentation, industrial automation, process control, safety and related fields; WHEREAS, Del Mar College proposes to expand its abilities to deliver training in these areas by adding training in ethylene cracker systems, industrial process maintenance, laboratory and instrument control support, and the full scope of industrial pump and tank transfer training to further support our area's workforce need; WHEREAS, this equipment will help Del Mar College increase the number of awards in Process Technology, Industrial Instrumentation, and Industrial Mechanics (Millwright) to 400 per year and increase enrollment up to 1,000 students per year; WHEREAS, local industries produce meaningful, wealth producing jobs which bring in dollars from outside Corpus Christi into the City; WHEREAS, the Process Technology, Industrial Instrumentation, Industrial Mechanics and related training expansion will further Del Mar College's mission of education and economic development; and In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar Foundation agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement or the date that it is approved by City Council, whichever is later. 2. Tenn. The term of this Agreement is for five years beginning on the Effective Date. 3. Performance Requirements and Grants. a. Del Mar Foundation shall purchase Industrial Process Maintenance Training Unit and Simulated Ethylene Cracker Unit with ancillary equipment/software and a Process Technology Laboratory, Analytical Laboratory and Instrumentation Control Learning Systems for Del Mar College's Process Technology, Industrial Instrumentation, Industrial Mechanics and related training programs. b. The Corporation will reimburse Del Mar Foundation for the costs incurred by Del Mar Foundation to acquire the equipment to expand the Del Mar College Process Technology, Industrial Instrumentation, Industrial Mechanic and related training programs. The amount reimbursed by the Corporation may not exceed $2,356,000. c. On the annual anniversary of the effective date of this agreement, Del Mar Foundation shall report to the Corporation the number of students completing Process Technology, Industrial Instrumentation, and Industrial Mechanics (Millwright) training programs at Del Mar College during the previous year. Page 2 of 11 Del Mar Agreement 2018 Final 4. Utilization of Local Contractors and Suppliers. Del Mar Foundation agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. Del Mar Foundation agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Del Mar Foundation to comply with the Local Requirement, and to provide an annual report to the City Manager of the City, or designee, from which the City Manager or designee shall determine if Del Mar Foundation is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 5. Utilization of Disadvantaged Business Enterprises ("DBE"). Del Mar Foundation agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Del Mar Foundation agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Del Mar Foundation agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Del Mar Foundation to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Del Mar Foundation is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises, women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. Page 3 of 11 Del Mar Agreement 2018 Final 6. Warranties. Del Mar Foundation warrants and represents to Corporation the following: a. Del Mar Foundation is a 501(c)(3) organization and 509(a)(1) public charity under the Internal Revenue Code, duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar Foundation has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar Foundation has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar Foundation has access to the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, on the State of Texas' website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Del Mar Foundation are duly authorized to execute this Agreement on behalf of Del Mar Foundation. f. Del Mar Foundation does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar Foundation is convicted of a violation under §U.S.C. Section 1324a(f), Del Mar Foundation shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Del Mar Foundation has been notified of the violation. 7. Compliance with Laws. During the Term of this Agreement, Del Mar Foundation shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non-Discrimination. Del Mar Foundation covenants and agrees that Del Mar Foundation will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. Page 4 of 11 Del Mar Agreement 2018 Final 9. Force Majeure. If the Corporation or Del Mar Foundation are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar Foundation are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment, Del Mar Foundation may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void and constitutes a breach of this Agreement. 11. Indemnity. To the extent authorized by law, Del Mar Foundation covenants to fully indemnify, save, and hold harmless the Corporation, the City, and their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar Foundation activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Del Mar Foundation must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. Page 5 of 11 Del Mar Agreement 2018 Final 12. Events of Default by Del Mar Foundation. The following events constitute a default of this Agreement by Del Mar Foundation: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar Foundation contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Del Mar Foundation or any attachment or other levy against the property of Del Mar Foundation with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Del Mar Foundation makes an assignment for the benefit of creditors. d. Del Mar Foundation files a petition in bankruptcy or is adjudicated insolvent or bankrupt. e. If taxes owed by Del Mar Foundation become delinquent, and Del Mar Foundation fails to timely and properly follow the legal procedures for protest or contest. f. Del Mar Foundation changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. Del Mar Foundation fails to comply with one or more terms of this Agreement. 13. Notice of Default. Should the Corporation or City determine that Del Mar Foundation is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar Foundation in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar Foundation to cure the event of default. 14. Results of Uncured Default by Del Mar Foundation. After exhausting good faith attempts to address any default during the Cure Period and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar Foundation, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. Page 6 of 11 Del Mar Agreement 2018 Final a. Del Mar Foundation shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar Foundation shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar Foundation of all sums due, the Corporation and Del Mar Foundation shall have no further obligations to one another under this Agreement. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar Foundation's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar Foundation is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Del Mar Foundation specifically agrees that Corporation shall only be liable to Del Mar Foundation for the actual amount of the money grants to be conveyed to Del Mar Foundation and shall not be liable to Del Mar Foundation for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further Page 7 of 11 Del Mar Agreement 2018 Final understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar Foundation to be accompanied by all necessary supporting documentation. 17. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 18. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar Foundation: Del Mar College Foundation Attn: Executive Director of Development 101 Baldwin Corpus Christi, Texas 78404 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 Page 8 of 11 Del Mar Agreement 2018 Final c. Notice is effective upon deposit in the United States mail in the manner provided above. 19. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement by reference as if fully set out here in their entirety. 20. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 21. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar Foundation will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 22. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 23. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Page 9 of 11 Del Mar Agreement 2018 Final 24. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 25, Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar Foundation. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 26. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14 shall survive the termination of this Agreement. Corpus Christi Business & Job Development Corporation By: President Date: Attest: By: Rebecca H uerta City Secretary Date: Approved as to Legal Form By: Aimee Alcorn-Reed Assistant City Attorney Attorney for Corporation Date: Del Mar College Foundation, Inc. By: Mary CcQueen, CFRE Exeeut a Director of Development Page 10 of 11 Del Mar Agreement 2018 Final \IMii JOEL A. SO11I Date: V yNotary Public,state or Texas My Commisslon Expires .,„illlll° January 30, 201t THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on r,1 - �30, , 2018, by Mary C. McQueen, CFRE, Executive Director of Development, Del Mar College Foundation, Inc., a 501(c)(3) organization supporting Del Mar College, a political subdivision of the State of Texas, on behalf of the Foundation. JL+LL 4. Page 11 of 11 Del Mar Agreement 2018 Final SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of 8/21/2018 DATE: August 17, 2018 TO: Keith Selman, Interim City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Proposed FY2019 Budget Overview Presentation STAFF PRESENTER(S): Name Title/Position Department 1. Steve Viera Director Human Resources 2. Rose Bond Health Benefits Manager Human Resources BACKGROUND: The Human Resources Department will present the current state of the City Health Plans and its impact to the current and future budget. LIST OF SUPPORTING DOCUMENTS: Presentation — Health Plan Update SC �o o� � H v AGENDA MEMORANDUM NCoRPONPtE Public Hearing and First Reading for the City Council Meeting of August 21, 2018 1852 Second Reading for the City Council meeting of August 28, 2018 DATE: July 27, 2018 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, CFM, Director of Planning and ESI DanielMc�cctexas.com (361) 826-7011 Adoption of Proposed Unified Development Code Text Amendments: Section 7.5 Signs CAPTION: Ordinance amending Section 7.5 "Signs" of the Unified Development Code; and providing for penalty. PURPOSE: The purpose of this item is the review and possible adoption of the proposed text edits to Section 7.5 Signs of the Unified Development Code. BACKGROUND AND FINDINGS: The City's Planning and Legal departments have been working on minor amendments to the City of Corpus Christi's sign ordinance in response to the Reed vs. Gilbert Supreme Court ruling which calls for the removal of all content-based regulation within a city's sign ordinance. Reed v. Town of Gilbert(Ariz.) stemmed from a church's use of temporary directional signs. Since the services were held in different venues each week, these signs let people know the location of the meeting. The town's sign code limited how long these kinds of signs could be displayed and their size. Other types of temporary signs, including those with political and ideological messages, could be much larger and displayed for longer periods of time. The court unanimously found that placing limits on temporary directional signs that were more stringent than these other types of temporary signs was a content-based regulation of speech, a violation of the First Amendment. City staff reviewed the sign codes of several Texas cities as well as a draft sign ordinance provided by the Bojorquez Law Firm, and materials provided by the International Sign Association. On May 31St, 2018 staff met with several Sign Industry Stakeholders to receive feedback and guidance on the proposed text edits. The City of Corpus Christi Planning Commission recommended adoption of the proposed text edits July 11, 2018. ALTERNATIVES: The City Council could not recommend approval of this report with recommended changes to staff. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms with City Policy. EMERGENCY/NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Planning and ESI, Legal, Development Services, Planning Commission — recommended approval July 11, 2018 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: Project to Date 2017-2018 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the Proposed Unified Development Code Text Amendments to Section 7.5 Signs LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation — Sign Ordinance Proposed Text Edits Ordinance amending Section 7.5 "Signs" of the Unified Development Code; and providing for penalty WHERAS, in compliance with the Supreme Court ruling of Reed v. Town of Gilbert, Arizona (2015) the City of Corpus Christi's Sign Code must be content neutral and protect the guaranteed right of free speech. WHEREAS, the Planning Commission has recommended the City Council approve this amendment of the City of Corpus Christi, Texas ("City") Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 11, 2018, during a meeting of the Planning Commission, and on Tuesday, August 21, 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 to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 7, Section 7.5, subsection 7.5.1 entitled "Purposes" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 7.5.1. Purposes L. To ensure that the constitutionally guaranteed right to free speech is protected. SECTION 2. Article 7, Section 7.5, subsection 7.5.3.E entitled "Accessory Freestanding Sign for Specific Uses" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: E. Accessory Freestanding Sign for Specific Uses Commercial Use SECTION 3. Article 7, Section 7.5, subsection 7.5.8. entitled "Signs and Actions allowed without a Permit" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 7.5.8 Signs and Actions allowed without a Permit Page 1 A. The following signs and actions related to signs are exempt from the permit requirements of this Section, but are subject to all other standards of this Section: 11 . Noncommercial sign with an effective area less than 36 feet, less than eight feet in height, unilluminated, and without any moving elements. B. The following defined and illustrated signs do not require a sign permit, but must comply with the standards stated in this Section and with all other applicable City regulations. If a district standard is stricter, that standard controls. Address Sign A wall sign that identifies t4a an . occupant and/or address of a residential structure. Standards 1. (1) There may be no more than two address signs per street frontage indicating the name and/or address of the ' occupants of a dwelling. (2) Address Signs may not exceed 2 square ft. in area. o„ii+iGal S' A tempepaFy sign that s ippepts E) VOTE v '' P91itiGal 66lo p0litinA-1 roforonrli im Jinhn GF P91itiGal PaFty. DOE S t a n d a ral s icnimly it di 9 (1) PGlitiGal oigRG May be PlaG9 D40,vi 10 r.� (7) DnlitiGal oigRG May RGt bIGGk an i inforconfinn GIE?ar dight +riaRglo /31 DnlitiGal SigRS may Ret be Pl. Ged Within +ho Pi ihlin rir ht nfWay Page 2 DSI f=c+afn Sign A tomnnroni sign that Adyprtisos tho S;Alo Ar to eco of tho nromis oc nn ° vnihirh it is Inr�torl Standarrds Page 3 SECTION 4. Article 7, Section 7.5, subsection 7.5.11 entitled "Signs Generally Prohibited but Allowed in Some Districts" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 7.5.11 Signs Generally Prohibited but Allowed in Some Districts Temporary Banners fnr temnnraFy nrmme+innal o„on+S containing commercial speech are allowed on the premises of feychurches, schools, and public buildings located in the FR through RS-TF districts, subject to limitations as set forth in Subsection 5.4.3. SECTION 5. Article 7, Section 7.5, subsection 7.5.13.13 entitled "Freestanding Signs” of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 7.5.13.6. Freestanding Signs 1 1 . Any Si inh Sinn May nnn+ain an i McSSage n+hor than A- nnmmorriAI ME?66age If a moSSag(_Q A-91ati-96tATT aAT ��Y'1��� n nr SpeGial on+, 6 Sinh Sinn may ho romrniorl Iniithin SoVon rlwS fnllnWinn the nnnnL iSinn of Si inh olon+inn nr n+hor eft SECTION 6. Article 7, Section 7.5, subsection 7.5.13.E entitled "Institutional Signs" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 7.5.13.E. Ins+;+„+;enc, Freestanding and Wall Signs for Noncommercial Uses 1 . Any noncommercial use such as a school, house of worship, recreation center or other ins+i+,,+inr+aI Public or Civic U44se permitted in the zoning district and fronts upon a designated arterial street or expressway, may have one freestanding sign, not to exceed 64 square feet in area and 20 feet in height. However, if the use fronts upon a designated local or collector street, the sign shall not exceed 40 square feet in area and 20 feet in height. a Ins+i+''+inn;I fFreestanding signs for noncommercial use located on the premise may include changeable copy signs, not to exceed 30% of the sign area. b Inc+i+ ,+inn�I fFreestanding signs for noncommercial use located on the premise may be illuminated. d Inc+i+ al wWall signs for noncommercial use located on the premise may not exceed 40 square feet each and may not be illuminated. Page 4 SECTION 7. Article 7, Section 7.5, subsection 7.5.14.A entitled " Wall and Freestanding Signs" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: A. Wall and Freestanding Signs 3. For properties developed with single-family, duplex, townhome or noncommercial ince+i+iTITJSTI '+LISTA Tar uses, the restrictions stated in Subsection 7.5.13.E SECTION 8. Article 7, Section 7.5, subsection 7.5.18 entitled " Real Estate Signs" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 7.5.18 mea' Estate Sign Temporary Signs during the sale or lease of property Qea', Fstat�Temporary signs may be used on a temporary basis while a property is for sale or for lease on the following conditions: A. Residential — Developed 1. For properties developed with single — family uses, the roc iilon+iii ro�i estate temporary sign may not exceed 6 square feet, including rider signs. 2. For properties developed with single — family uses, the rocirJon+iii ro�i estate temporary sign may allow the use of one letter-sized flyer box. 3. For properties developed with single-family uses, GpJy one temporary r-eat estate sign per street frontage is allowed. B. Residential — Undeveloped 1. For undeveloped residential properties containing not less than 3 acres and not more than 5 acres: a. The temporary sign may not exceed a height of 8 feet and a sign area of 16 square feet; b. one roan-al estate temporary sign per street frontage is allowed; and c. the real restate temporary sign may allow for the use of one letter- sized flyer box per premise 2. For undeveloped residential properties over 5 acres: a. the re'' restate temporary sign may not exceed a height of 8 feet and a sign area of 32 square feet; b. only one rp"'�te temporary sign per street frontage is allowed; and c. the use of one letter-sized flyer box per premise is permitted. C. Non-Residential Page 5 1. There may be only one on-premise nenresidlen+ial real e.s+a+e temporary sign for each building during the time in which that property is for sale or for lease eFa-let-adveFti the sale, FeRtF; GF lease Gf the pF m se-on n T� the Ginn 06 diGpplay 2. Real estate Temporary signs may not be illuminated. 3. Real estate Temporary signs must be removed within 15 days after property + closing or lease signing. } 4Rc=ai-e-Stestes{gRS May RE)t eXGeed-8 696laFG f8et per fano in rocirI�rttQT alis}rid}s ar..m-rccr. 4 5ea', Mate Temporary signs may not exceed 32 square feet in area in nonresidential districts. 5.6-One additional reale-al estate temporary sign is allowed on a site abutting more than one roadway SECTION 9. Article 7, Section 7.5, subsection 7.5.27 entitled "Definitions" of the UDC is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 7.5.27 Definitions A. Definitions of Specific Words Noncommercial Messages: These incl,idle b it �are AnA} I�ted-te- s exppessin�'rr .GatFe4.460 eli ViGWS0 ea ni1hlin d,in }iea nl er � et�ertFt�t n+ Gr ennesi+in,�n� er nGGMMeRt GR ' the} 'hn T defi.p�r n may be hr 61 GGR6 et thepe and hbtearinn aRY etep message at -aII is a nnnnnmmerri image 0 dl ern+en+e 44ndelr this cA_dA-_ --Words, symbols, logos, pictures or any combination thereof that is not defined as a commercial message. Sign: ARy deVi�vrvc6r6 iet61efry, ,,lctteF,,-fi6lrre GhaPacter marl plane nein} G�e,6 a e, tFadeM.�rL�T adli aYe tter ihinh io I'Rep]0 in+endledl +e he 111;ed1 +e a++ran+ a++en+inn o �ieene�i inferma+ien idlen+ifii er adVer+ise any establishmeRt, , dlns nr seniiheep the �n� same i �a}� ef deers�Tew ef+he general ni ihlir The teFM "SigR"shall Pet inn er flan nr .Pennan+, er insignia a a}inn er assnnia}inn of na j, er of anv State, city a.. -rucrvrrrvr-a�ac�cracrcrrrvrTra 0 0 0 relinie6 is ernaniza+inn A structure, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other object that is designated, intended, or used that includes text or images designed to communicate. Signs located completely within an enclosed building and not exposed to view from a street shall not be considered a sign. Each display surface of a sign or sign face must be considered a sign. Page 6 SECTION 10. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 11. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 12. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 13. This ordinance is effective immediately upon passage. Page 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 Page 8 Proposed UDC Text Edits: 7.5 Signs Reed v. Gilbert: Content Neutrality City Council August 21 , 2018 Overview 1t - Reed v. Gilbert Supreme Court Case - Good News Presbyterian Church sues - Town of Gilbert. - Town Of Gilbert Az. Sign Code found to ppppp-_ be content-based and therefore unconstitutional. 2 Town of Gilbert Content Based Regulations Homeowners Association DURATION Sign Time ao sq.ft Dis 'Sign Display Twine ��l7Time �, Befog (`antent T A&r \� ��_1til�nths El�rtlall 1�1}ars Ideological sq. Sign � �� ft HOA Event 48 br5 Petitioners 16 hrs Real Estate bra Qualifying I'W Side Event Sign G sq.ft. 12 hr3 Rellglou' 1 hi' E ti'r�a t 3 Non Content Based Regulations If you have to read the face of a sign to understand its regulations then it is content based. Political Signs Template#2 - Political Signs * ELECT * - Real Estate Signs N Mc Daniels - Ideological Signs Non Content Based Sign Regulations are based on- - Structure of sign - Duration of Display NORTH SHORE CHANGEABLE LETTERS - Location of sign Doi,.-.ro„", TALL <Tl _ - Number of Signs - N. 4 Exceptions Post Reed Commercial/ Non-commercial, On-premise, and Off-premise Signs Even though we must read a sign to know if it is off premise, the State of Texas and the Ninth Circuit Court agree that regulation of commercial signs, including an on premise and off premise distinction is permissible. It receives intermediate, not strict scrutiny Summary of Proposed Changes - Address Identification - Eliminate identification of Institutional, Political, and Real Estate Signage - Definition of Noncommercial Messages and Sign - Sign Industry Stakeholder Meeting May 31, 2018 Recommendations f,t City Staff and Planning Commission recommend approval of the proposed UDC Text Edits to Section 7.5 Signs City Of Corpus Christi CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION BOARD DETAILS MR SIZE 5 Seats The Corpus Christi Business and Job fn I Development Corporation is organized 107 TERM LENGTH 2 Years exclusively for the purpose of benefiting OVERVIEW TERM LIMIT 6 Yearsand accomplishing public purposes of, and to act on behalf of the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION The affairs of the Corporation shall be managed by a board of directors which F-�Ik shall be composed of five persons appointed by the City Council.The terms of the directors shall be two years,expiring on July 31st of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. DETAILS Each director must be a resident and qualified elector of the City. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Res. No. 024207,9-12-00; Res. No.024233,9-25-00. ............................................................................................................................................................................................................................................................................................................................. MEETS 3rd Monday of every month at 4:00 p.m., City Hall -Council Chambers. Meet a minimum of once a quarter. ............................................................................................................................................................................................................................................................... TERM DETAILS Two-year staggered terms. .............................................................................................................................................................................................................................................................................................................................. DEPARTMENT City Manager's Office _.............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Page 1 of 1 Corpus Christi Business and Job Development Corporation August 21,2018 Two(2)vacancies with terms to 9/30/19 and 9/30/20. If the Council's preference for appointing the same members to both this corporation and the Corpus Christi B Corporation is followed,Leah Clivarri and John Valls would be appointed to fill the two vacancies. Leah Olivarri CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Seeking Appointment District 4 1 TBD Member John Valls CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Seeking Appointment District 1 TBD Member Robert Tamez CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 1 07/31/20 Member Gabriel Guerra CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 5 3 07/31/19 Member Scott M.Harris CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 1 07/31/19 Member Randy L.Maldonado CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 2 07/31/20 Vice-President Lee A.Trujillo CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 2 07/31/20 Member Corpus Christi Business and Job Development Corporation Applicants August 21,2018 w ;. AMMM �M Vida Alvarez-Mason CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENTCORPORATION Distrkt4 qjnw�� Corpus Chd.i TX Yes Joe Eli—do CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION District 5 HER 5411 Weber Rd Corpus Chd.i TX Yes Sylvia Ford CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENTCORPORATION District5 Self 3306 New Bedford Drive Corpus Chdrti TX Yes Mary Jane Garza CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENTCORPORATION District4 Texas A&M University-Ccirpus Chd.i 63MO.an Dri-Unit 5741 Corpus Chdrti TX Yes Crzig C.Hebner* CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENTCORPORATION Districtl Habitat for Humanity Corpus Chdrti TX Yes David C.Loeb CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENTCORPORATION Districtl Self 3833 South Staples Suite S116 Corpus Chdrti TX Yes Chad Ma Gill" CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION Dirtrict 2 Texas National Title Corpus Chdrti TX Yes Leah Olivard CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENTCORPORATION District4 Olivarri&Assodates,Inc 3833 South Staples ST,Suite S110 Corpus Chd.i TX Yes John J.Plamik CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION Dktdi 4 Retired Corpus Chdrti TX Yes Gordon R.Robinson CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION District 4 Corpus Chdsti Regional Transportation Authodty 602 N.Staples St. Corpus Chdrti TX Yes John B.Ross,VI. CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION District 1 Firebird Bulk Cartiers,Inc 10245.137A.— George Wert TX Yes Diana Summers CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENTCORPORATION District4 Hogan Homes 400 Mann St. Corpus Chd.i TX Yes John Valls CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENTCORPORATION District5 Valls Consulting Group 615 N.Upper Broadway,Suite 616 Corpus Chdrti TX Yes Kristie Veit CORPUS CHRISTI BUSINESS AND JOB DEVELOPM ENTCORPORATION District5 AT&T/CWA 1210 S Staples Corpus Chdrti TX Yes "Applied only for Corpus Christi Business and Job Development Corporation,muRiple attempts were made to-mad applicant to confirm int erert in both corporations with no response "Will resign position on the Corpus Chd.i Regional Economic Development Corporation if appointed CITY OF CORPUS CHRISTI Submit Date: Aug 11, 2018 Application for a City Board, Commission, Committee or Corporation Profile Vida Alvarez-mason First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 21 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone 709 Saint Agatha Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Vida Alvarez-mason Page 1 of 5 78418 Work Address-Zip Code vmason@islander.tamucc.edu Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted BOARD OF ADJUSTMENT: Submitted ARTS & CULTURAL COMMISSION: Submitted CITIZENS ADVISORY HEALTH BOARD: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted MARINA ADVISORY COMMITTEE: Submitted SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Texas A&M University - Corpus Christi Business Administration with an emphasis in Management student Why are you interested in serving on a City board, commission or committee? I believe Corpus Christi has so much potential and being born and raised here, it is my duty to get involved with my communities to help improve the quality of life for all individuals. I would love to apply my knowledge gained through my undergraduate courses to different committee volunteer opportunities to not only gain valuable experience, but to see the impact I could make to make Corpus Christi a better place to live. VAMResume.docx Upload a Resume Vida Alvarez-mason Page 2 of 5 Demographics Gender 9 Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Vida Alvarez-mason Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Vida Alvarez-mason Page 4 of 5 Board-specific questions (if applicable) Question applies to MARINA ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? I•J None of the above Vida Alvarez-mason Page 5 of 5 VI DA ALVAREZ-MASON EDUCATION Bachelor of Business Administration in Management Texas A&M University—Corpus Christi (December 2018) GPA: 3.5 EXPERIENCE Sales Assistant/Social Media Manager, Julian Gold Inc. November `17—March `18 Corpus Christi,TX • Assisted department manager in sales and promotions of a diverse range of clothing, shoes, accessories, and beauty care products through social media platforms • Completed typical administrative tasks which involved answering phones,filing documents, taking memos, mail promotions, and organizing merchandise for shipment • Provided exceptional customer service to increase company growth and revenue through sales maximization • Creatively set up physical displays of merchandise to attract potential customers Seasonal Bookseller,Barnes &Noble College December `15—January `16 Corpus Christi,TX • Typical daily activities included cashiering, stocking, maintain inventory, and delivering customer service. RELEVANT COURSEWORK • Organization Change &Development • Communicating in Business • Behavior in Organizations • Data Analysis & Statistics • Financial Accounting SKILLS &ABILITIES • Microsoft Office (Word, Excel, • Customer Service PowerPoint) • Cash handling • Social Media(Facebook, Instagram, • Team player YouTube,Twitter) • Data entry • Retail Sales CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile Joe Elizondo First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 49 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone HEB Store Director Employer Job Title 5411 Weber Rd Work Address-Street Address and Suite Number Corpus Christi Work Address-City Joe Elizondo Page 1 of 5 Texas Work Address-State 78415 Work Address-Zip Code 3618541911 Work Phone elizondo.joe@yahoo.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Na Education, Professional and/or Community Activity (Present) College , Why are you interested in serving on a City board, commission or committee? I would like to do more in the community. Demographics Joe Elizondo Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Joe Elizondo Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Joe Elizondo Page 4 of 5 Board-specific questions (if applicable) Joe Elizondo Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Apr 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Sylvia Ford First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 57 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Public Speaker i mployer Job Title 3306 New Bedford Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Sylvia Ford Page 1 of 6 TX Work Address-State 78414 Work Address-Zip Code 361 5586082 Work Phone sford@stx.rr.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Current Education - Leadership/Management, Fundraising Crowd Funding Management Board Member - Leadership Corpus Christi Alumni, Corpus Christi Metro Ministries Why are you interested in serving on a City board, commission or committee? Servant-Leader. Natural willingness to apply my expertise, experiences and knowledge to enrich the lives of our community and ultimately create a more just and caring community with highest "quality of life" standards Sylvia A Ford Board Commision Resume..docx Upload a Resume Sylvia Ford Page 2 of 6 Demographics Gender P Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Sylvia Ford Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes ' No Sylvia Ford Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) tr Yes r- No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes ' No Sylvia Ford Page 5 of 6 Sylvia Ford Page 6 of 6 Sylvia A. Ford EXECUTIVE PROFILE Visionary professional with accomplished broad-based and progressive experience in Public Relations, Public Speaking, Administrative Management Business Development, Strategic Operating Strategies, Finance and Human Resources. Proven ability to work as a leader to integrate functions within the overall business goals. SKILL HIGHLIGHTS Market research and analysis *Possess ability to conduct market Business operations organization research/analysis to develop Innovative Product successful measurable Development/implementation programs/activities Effective public speaker *Concise strategic planner in business operations organization with innovative product development and implementation *Outstanding public speaker with clear Delivery of message to targeted audience CORE ACCOMPLISHMENTS Public Relations • Spearheaded many public speaking forums with targeted audience to develop and sustain the buy in of required parties to reach project success • Identified/produced partnerships that were most unlikely to identify their commonality for project goals Business Development/Project Management • Created/managed the roll out of new and innovative programs that benefited Corporate/City/County strategic goals • Instituted all functions related to programs to include budget dynamics Human Resources/Staff Development • Administered Human Resources regulatory requirements throughout corporate functions • Spearheaded new leadership program which increased retention • Mentored and coached employees resulting in a 42% increase in productivity and 99% in employee retention PROFESSIONAL EXPERIENCE Current Public Speaker Educational/Motivational Independent Consultant Responsible for development and directing launch of new programs using municipality grants related to economic development/housing/entrepreneurs. Strengthened municipality partner and community buy in base by 100%. Spearhead cross-functional initiative to achieve regulatory standard requirements. Director/Non-Profit Organization, Corpus Christi, TX Identified/negotiated new branch location in Corpus Christi and secured funding resources. Accountable for overall South Texas regional operations. Managed program/product implementation. Senior Management/Banking-Finance Industry, Corpus Christi, TX Public Relations, Finance, Audit/Compliance, Human Resources, Community Development Maintained all department operations related to OCC exams, budget, business development, public relations, community development. Developed and directed strategy for launch of new products that captured 90% of market share. Initiated/implemented new mortgage lending division in Corpus Christi region in partnership with City of Corpus Christi Affordable Housing program HUD grant. Maintained loan portfolio. Directed, supervised and coordinated work activities in Human Resources administration for subordinates/staff relating to employment, compensation, labor standards. Managed staff performance, audits, disputes, disciplinary action. Analyzed and modified compensation benefit policies and conducted human resources compliant investigations. Maintained standards/procedures and updated employee job descriptions. COMMUNITY INVOLVEMENT EXPERIENCE President Corpus Christi Community Development Corporation (5 terms) Committee City of Corpus Christi Type A Board/Business job Development Team HUD Affordable Housing Community Improvement Corporation Loan Review job Search/Interview Panels Housing/Economic Development Housing Authority Governor's Roundtable Housing/Economic Development HUD Advisory Committee Partnership Corpus Christi Regional Economic Development Corporation Board Christus Spohn - Houston TX Member Junior League of Corpus Christi, League of Women Voters, Leadership Corpus Christi Alumni EDUCATION Institute of Banking Certification Del Mar College CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mary Jane Garza First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? (-. Yes r No born and raised, returned to _Corpus Christi 15 years ago If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas A & M University-Corpus Interim Vice President of Christi Institutional Advancement Employer Job Title 6300 Ocean Drive Unit 5741 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mary Jane Garza Page 1 of 6 Tx Work Address-State 78412-5741 Work Address-Zip Code 361-825-6005 Work Phone maryjane.garza@tamucc.edu Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I do not currently serve on any City Board. commission or committee. Education, Professional and/or Community Activity (Present) B.S, M.S. Ed.D, members of the following boards: American heart Association, Boys & Girls Club of the Coastal Bend, Corpus Christi Symphony Board, Citizens for Educational Excellence, League of Women Voters, Del Mar College Foundation, Corpus Christi Diocese Bishop's Guild, Equestrian Order of the Holy Sepulchre of Jerusalem, South Texas Botanical Gardens, Texas A & M -CC President's Council, Texas A & M University-Kingsville President's Councill Why are you interested in serving on a City board, commission or committee? This will be a very important board that administers the proceeds of the Type B sales tax to fund economic development, affordable housing and most important street repair projects. I desire to be part of the important decision making process that awards the proceeds of the sale-tax funds. I am well informed and desire for our city to continue to move forward in economic development. Mary Jane Garza Page 2 of 6 Marx Jane_Garza_Resume Updated_I 31-2017.pdf Upload a Resume Demographics Gender V Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Mary Jane Garza Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes ' No Mary Jane Garza Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Mary Jane Garza Page 5 of 6 Mary Jane Garza Page 6 of 6 Mary Jane Garza,Ed.D EDUCATION Lamar University-Beaumont,Texas—Public School Administration- University of Houston Clear Lake—Clear Lake,Texas-Superintendent Certification- Texas Wesleyan University-Computer Science Program-Fall Texas A&I University-Corpus Christi-Mid-Management Certification Texas A&I University-Kingsville-Doctorate in Education/Bilingual Education- Texas A&I University-Kingsville-Masters in Science-Psychology/Guidance and Counseling Texas A&I University-Kingsville-Bachelors of Science-Elementary Education/Government CERTIFICATION • LIFE Superintendent Certification • LIFE Mid-Management Certification • LIFE Supervisor Certification • LIFE Counselor Certification • LIFE Elementary Certification • PROFESSIONAL EXPERIENCE • Interim Vice President Texas A&M University-Corpus Christi • Naval Air Station-Corpus Christi Navy School Liaison Officer • West Oso ISD–Assistant Superintendent • Jim Hogg County ISD-Interim Superintendent • Lyford CISD-Superintendent- • Galveston ISD–Asst.Supt.Curriculum-September • Brownsville ISD-Executive Director Special Programs- • Macmillan Publishing Company-Bilingual Reading Consultant • Texas Weslayan University-Department of Education-Office of Bilingual Education—Kellogg Fellow • Pan American University-Brownsville,Texas-(Leave of Absence-Department of Education) • Texas A&I University Kingsville,Texas-Graduate Assistant-Doctoral Fellow • Corpus Christi ISD-5th Grade Teacher and High School Counselor PROFESSIONAL BOARDS AND MEMBERSHIPS Military Child Coalition Lifetime Member ASCD Board Member TASCD Board Member Board member TASB-Worker's Compensation Board TEA Commissioner's Cabinet Council Texas Association of School Administrators International Reading Association Texas Reading Association-Texas Association of Bilingual Education National Association of Bilingual Education COMMUNITY ORGANIZATIONS South Texas Botanical Garden and Nature Center-Trustee and Fundraising Co-Chair Instituto Cultural Hispanico de Corpus Christi-2005-President League of Women Voters-Corpus Christi-2009-President Citizens for Educational Excellence-2010-Present-(Past President) Corpus Christi Symphony Orchestra-2014-Present Bishop's Guild-2005–Present Equestrian Order of the Holy Sepulcher of Jeruslem-2014-Present(by invitation only) Coastal Bend American Red Cross-2005 to 2013(Past President) South Texas Art Museum of South Texas Trustee-2003 to present Communications Chair/Secretary/Executive Board Symphony Guild Member–2005-present Del Mar Foundation Board–2009-present YWCA Advocacy Committee-2012-2013 Corpus Christi Library Board–2008-2013 Texas A&M–Corpus Christi President's Council-2006-present Texas A&M-Kingsville President's Council–2012-present Art Center of Corpus Christi Trustee-2012 to 2014 Commission on Children and Youth 2004-2009 Corpus Christi Health Advisory Committee 2005-2009 Drop-Out Summit City Planning Committee-2008-2009 Hispanic Women's Network-Corpus Christi-Past Chair Hispanic Women's Network-State of Texas-Chair HUD's Empowerment Zone Council Member and Vice Chair-1994-1998 HONORS/AWARDS Most Beautiful Woman-Inside and Out-Bend Magazine 2015 YWCA-Y Women in Careers 2013 Department of the Navy–Senior Civilian of the Quarter-Second Quarter year 2012 Texas A&M University Reading Council-Literacy Award 2012 Del Mar College Distinguished Former Student Del Mar College Wall of Honor 2012 2012 Trailblazer Award–Outstanding Achievement and Community Service LULAC#1 Outstanding Community Leader 2012 Hispanic Women's Network"La Estrella Award"-October 2012 HWNT Distinguished Service Award Exemplary Educator Award-Texas A&M University-Corpus Christi-College of Education Leadership America Award 2012 Texas Leadership Award-2011 Outstanding Kellogg Fellow–United States Department of Education Outstanding Rio Grande Bilingual Educator Hispanic Women's Network-Corpus Christi Chapter--2008 Star Recipient Texas A&M University Department of Education—Distinguished Doctoral Graduate Teaching Fellow Texas A&I University Outstanding Doctoral Student KEYNOTE PRESENTATIONS Approximately over 500 workshops Approximately 150 major keynotes Approximately 10 major speeches internationally REFERENCES Mr.Julio Reyes—AEP Vice President Rear Admiral Dell D.Bull CNATRA ACFL,FW Central/Southeast Region Training Lead, Captain David Edgecomb CNATRA,Chief of Staff, CAPT Steve"Slash"Banta,U.S.Navy,NAS Corpus Christi Commanding Office Published Author Experienced Grant writer Curriculum Frameworks Developer CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile Craig C Hebner First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 37 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Habitat for Humanity Prosect Manager Employer Job Title Work Address-Street Address and Suite Number Corpus Christi Work Address-City Craig C Hebner Page 1 of 7 Texas Work Address-State 3618666719 Work Phone Craig_Hebner@Overheaddoor.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CLEAN CITY ADVISORY COMMITTEE: Submitted WATER RESOURCES ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted OIL AND GAS ADVISORY COMMITTEE: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CIVIL SERVICE COMMISSION: Submitted CIVIL SERVICE BOARD: Submitted BUILDING STANDARDS BOARD: Submitted AIRPORT BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) Trustee on Board of Directors for Wood River Home Owners Association Why are you interested in serving on a City board, commission or committee? I believe that everyone has the responsibility to better their environment both for themselves and their children. Craig Resume 5-1-16 2 .docx Upload a Resume Craig C Hebner Page 2 of 7 Demographics Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Craig C Hebner Page 3 of 7 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (- No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Craig C Hebner Page 4 of 7 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rw Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r Yes r- No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? r Yes r^ No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes r= No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? r. Yes r No Craig C Hebner Page 5 of 7 Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to OIL AND GAS ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Not Connected with Oil and Gas Well Industry Question applies to WATER RESOURCES ADVISORY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * W Residential Customer and Home Owner of City's Water System Craig C Hebner Page 6 of 7 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Craig C Hebner Page 7 of 7 Craig C. Hebner Highlights • Work tasks have required a high level of multitasking and organization • Previous and current positions have enabled me to gain experience in leadership and training • Extremely adaptable to changing environments and highly productive in fast pace environments • Self starter and have a high level of expectations of work quality Work Experience Chicago Bridge & Iron Portland, TX February 2015— Current Construction Manager Construction Manager • Assist in managing $2 billion dollar project by scheduling the project in logical, efficient steps and budget time required to meet deadlines • Determine labor requirements and dispatch 500 to 600 workers to 10-12 different construction sites • Inspect and review projects to monitor compliance with building, safety, and other dictating codes • Prepare contracts and negotiate revisions, changes and additions to contractual agreements with architects, consultants, clients, suppliers and subcontractors • Interpret, explain plans and contract terms to administrative staff, workers, and clients representing the owner or developer • Obtain all necessary permits and licenses averaging 10-20 permits per month and 10-15 certifications • Direct and supervise 5 direct staff members and 500-600 contractors • Study job specifications to determine appropriate construction methods • Requisition $200k to $500k of supplies and materials to complete construction projects • Prepare and submit budget estimates and progress /cost tracking reports • Develop and implement quality control programs • Take actions to deal with the results of delays, bad weather, or emergencies at construction sites • Confer with supervisory personnel, owners, contractors, and design professionals to discuss and resolve matters such as work procedures, complaints, and construction issues. • Plan, organize, and direct activities concerned with the construction and maintenance of structures, facilities, and systems • Investigate damage, accidents, or delays at sites, to ensure that proper procedures are being carried out 0 Evaluate construction methods and determine cost-effectiveness of plans Tornado Production Services Orange Grove, TX 2013 —January 2015 Supervisor of Training & Special Projects Special Projects Supervisor: • Lead job site engineer assigned to manage logistics and personnel on various job sites • Evaluate Erection & Site Plans to determine proper personnel,job site equipment, and materials needed • Prior to arrival on j ob site, prepare and coordinate safety training and procedures required by customers and governmental agencies • Organize strategic project meetings to ensure all parties involved are aware of individual responsibilities and expectations • Prior to any rigging of equipment, survey area for any hazards or obstacles • Oversee erection of equipment and preparation of all materials according to site and project plans • Manage the project from beginning to completion. Mitigate any and all diversions from original project plans due to unforeseen circumstance (ie: weather, equipment failure) • During project duration, accurate reports and detail logs are meticulously maintained to ensure proper billing, inventory control, and project completion analysis • Conducts debriefing meeting to evaluate personnel, material, and equipment performance • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Test/develop new techniques for broadening variety of well demands Supervisor of Training • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • Certify junior personnel to become engineers • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Oilstates Performance Fluids Lead Engineer 2009-2012 Alice, TX • Lead job site engineer assigned to manage logistics and personnel • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Train new staff members in techniques for maintaining proper fluids control, billing, and costumer relations • As safety representative for numerous contractors/costumers, in charge of safety training, regulation enforcement, and reporting • Assisted with development and adjustments of procedures to ensure meeting safety requirement given by clients, EPA and OSHA Tetra Technologies Fluid & Mud Engineer 2007-2009 Alice, TX • Manipulate the weight and viscosity of fluids using brine, gels, viscosifiers, and other weighted fluids in order to control friction, weight, and temperature • Running and maintaining chemical and mud mixing plants • Manage dilution of chemicals and track inventories of both liquid and dry chemicals • Analyze samples of fluids and formations to troubleshoot well-bore problems Bronco Oilfield Services Hydraulic Choke Operator 2003-2007 Corpus Christi, TX • Monitor the gas well utilizing sensitive gauges and instruments to control the release of pressure using hydraulic chokes and valves • Repair and maintain manual and hydraulic valves, position sensors, and analog/digital gauges • Maintain hydraulic accumulators, compressors, and generators • Regular use of tools including but not limited to impacts, hydraulic wrenches, machinery, and heavy equipment United States Marine Corps Infantry 1998-20022 Camp Pendleton, CA • Lead and direct fire missions in support of ground troops • Provide intelligence of targets, casualty estimations • Combat, close with, and destroy hostile targets using an assortment of munitions, small arms, fire, movement, and concealment Education, Certifications, & Training Nuclear, Biological, & Chemical Warfare Tetra Mud School Combat Lifesavers Course Tetra Well Control School Combat Controller Fluid Engineer School Basic EMT Course Defensive Driving Range Safety Officer Plant Operations Course Heavy Equipment Operators Course PEC SafeGulf School of Infantry PEC SafeLand Marine Corps Leadership School Offshore Safety Certification Flight Deck Safety Course IADC Global Leadership Course Crane & Riggers Course Forklift Certification Offshore Safety Certification Rig Pass HSE Safety A.R.C. CPR and First Aid Certification CUDD Firefighting School CUDD Well Control School H2S Certification References Available Upon Request CITY OF CORPUS CHRISTI Submit Date: Jun 21, 2018 Application for a City Board, Commission, Committee or Corporation Profile David C Loeb First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 37 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self President i mployer Job Title 3833 South Staples Suite S116 Work Address-Street Address and Suite Number Texas Work Address-State David C Loeb Page 1 of 5 78404 Work Address-Zip Code 361-857-8991 Work Phone dloeb@landlord-resources.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No but in the past, Planning Commission, Board of Adjustment, Sister Cities as well as a half dozen ad hoc boards Education, Professional and/or Community Activity (Present) Double BA in Government and Economics, Graduate of CCISD, Ray High School, Baker, Windsor Park I own and actively manage a 360,000 square foot commercial real estate portfolio in Corpus Christi for a living. I serve on the board of HELP which takes kids to see jobs in our community they can get and earn a good living doing with locally available education. Why are you interested in serving on a City board, commission or committee? I would like to get back involved in running our city. 4a/b boards cover some of my areas of interest and ability. Streets, housing, education, and economic development. On those boards specifically I see a need for a member who is experienced from a council point of view and can ensure that we pass along wins for the Council to approve, not embarrassments. ResumeLoeb.doc Upload a Resume David C Loeb Page 2 of 5 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree David C Loeb Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. None David C Loeb Page 4 of 5 Board-specific questions (if applicable) David C Loeb Page 5 of 5 Resume for David C. Loeb: Education: • W.B. Ray High School, Class of 1999 • Skidmore College, Saratoga Springs, NY—B.A. 2003 - Double major in Economics and Government, Magna Cum Laude — Periclean and Pi Sigma Alpha (Government) honor societies. Professional Experience: • LandLord Resources, LLC. President and Owner Landlord Resources owns and operates over 350,000 square feet of commercial real estate in Corpus Christi. Community Service: • Founding Chairman —Bay Area Smart Growth Initiative • Founding Member— Destination Bayfront Organizing Committee • Board Member—Jewish Community Center and School • Board Member— Leadership Corpus Christi • Volunteer—Uptown Neighborhood Initiative • Board Member— Combined Jewish Appeal of Corpus Christi • Participant—Bold Future Well Planned Region Subgroup 2008 Government Experience: • Zoning Board of Adjustment: 2004-2007; Vice Chair, 2006-2007 • Planning Commission —2007-2009 (Master Plans, Capital Improvement Plan and Budget, 2008 Bond package) • Downtown Management District Board: Chairman, 2009-2011; Search Committee Chair 2009, Public Safety Chair 2010. • Patrol Reorganization Committee for Corpus Christi Police Department, 2009 • City of Corpus Christi Brownfields Initiative — Co Chair 2009-2011 • City Transportation Plan Update, 2010 • RTA Water Taxi Roundtable, 2010 • Unified Development Code Sign Focus Group, Vice Chair 2008-2011 • City Wind Power Ordinance Committee, 2009 • Cottage District Zoning Ordinance, 2010 • Corpus Christi City Council,At-Large Member, 2011-2015 • City Council Municipal Court Committee, 2011-2015, Chair 2012-2015 CITY OF CORPUS CHRISTI Submit Date: Jun 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile Chad Magill First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 14+ If yes,how many years? Primary Phone Alternate Phone Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State chad.magill@stewart.com Work E-mail address Chad Magill Page 1 of 5 Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Appointed PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not serve on any other Board or Commission for the City of Corpus Christi at this time. The Primary Board/Commission I am applying for is the Port of Corpus Christi. Education, Professional and/or Community Activity (Present) Please see the attached 1-Pager I put together for you, in PDF format. Why are you interested in serving on a City board, commission or committee? Chad Magill Resume.pdf Upload a Resume Demographics Gender W Male Verification Chad Magill Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Chad Magill Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r- No Does your employer or your spouse's employer have a City contract? rYes rNo Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r^ No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Chad Magill Page 4 of 5 Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX Have you been a resident of Nueces County for at least 6 months? r Yes r No Chad Magill Page 5 of 5 Chad Magill Council members,Thank You for taking time to read our applications. I put this 1-pager together for you to respect your time: Current Community Commitments: 0 have the time available to serve 100%1 Corpus Christi Regional Economic Development Corporation(City Appointee)- *** (Willing to resign if appointed by you to serve on Type A/B Boards) Big Brothers Big Sisters of South Texas, current Board of Directors,Chairman 2011-2012 Recent Community Commitments: Corpus Christi City Council: 2012-2014 District 2,At Large 2014-2016 Corpus Christi City Council Audit Committee, 2012-2016,&Chairman 2016 Corpus Christi Hispanic Chamber of Commerce, Board of Directors,Treasurer 2008,& the very First Elected Anglo Chairman 2009,then unanimously re-elected in 2010. Texas Association of Mexican American Chambers of Commerce(TAMACC): Executive Board of Directors,First elected Anglo Executive Member in 35 year organization history Westside Business Association,Board of Directors,Finance/Member Committee Chairman Goodwill Industries of South Texas,current Board of Directors,Committees Chairman 2010-2015 Corpus Christi Housing Finance Corporation,President of the Board of Directors Corpus Christi Industrial Development Corporation,Board of Directors Coastal Bend Health Facilities Development Corporation,Board of Directors Coastal Bend Cultural Education Facilities Finance Corporation,Board of Directors North Padre Island Development Corporation, Board of Directors Corpus Christi Community Improvement Corporation, Board of Directors Reinvestment Zone No.2&3 Boards,Board of Directors Corpus Christi International Airport Advisory Board,Board of Directors Habitat for Humanity-Event Co-Chairman Major Fundraiser for 2014 with Larry Gatlin Beautify Corpus Christi - Board of Directors Leadership Corpus Christi-Class 34 City of Corpus Christi Citizen's University-Class 1 And many more...just ask. And lastly I am very proud to have been named by the Corpus Christi Caller Times Reader's Choice: • Best of the Best Reader's Choice:Community Advocate of the Year 2015 • Best of the Best Reader's Choice:Community Advocate of the Year 2016 • Best of the Best Reader's Choice:Community Advocate of the Year 2017 1 hope to have earned your support. Respectfully submitted, Chad Magill CITY OF CORPUS CHRISTI Submit Date: Nov 01, 2017 Application for a City Board, Commission, Committee or Corporation Profile Leah Pagan Olivarri First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes r' No 37 years and 10 years growing up If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Olivarri & Associates, Inc. President Employer Job Title 3833 South Staples ST, Suite S110 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Leah Pagan Olivarri Page 1 of 5 TX Work Address-State 78411 Work Address-Zip Code 361-884-5000 Work Phone Ieah.olivarri@olivarri.com Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Appointed Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Please see attached resume for detail. Have BA and MA and served on a variety of community boards as well as being involved in various community activities. Why are you interested in serving on a City board, commission or committee? I have a passion to see our city grow and develop and believe I can contribute to the work of the Type B board. Leah Olivarri Resume 2017.doc Upload a Resume Demographics Leah Pagan Olivarri Page 2 of 5 Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Leah Pagan Olivarri Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r• Yesr- No Does your employer or your spouse's employer have a City contract? r. Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No Leah Pagan Olivarri Page 4 of 5 If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. My firm, Olivarri & Associates, Inc., is a subcontractor to the engineers on two active street projects - Ocean Drive reconstruction (Hansen) and Gollihar Road reconstruction (Freese Nichols), is a subcontractor (Hansen) potentially assisting the engineers on residential work, and is a subcontractor (Freese Nichols) on the industrial desalination project. All of these contracts have been approved with negotiated fees (or not to exceed fees) though the desalination project Phase 1-B project is on second reading next week and no work authorization has been issued. I have not received or had any work that received Type A funding nor do I anticipate any future work associated with Type B funding. I will studiously avoid any conflict or appearance of a conflict of interest. Board-specific questions (if applicable) Leah Pagan Olivarri Page 5 of 5 Leah Olivarri President, Olivarri&Associates, Inc. Education Ms. Olivarri is the sole owner and president of Olivarri & Associates, BA, Mt. Holyoke College, Inc., a Corpus Christi- based research and planning firm established South Hadley, in 1986. She has over 30 years of diverse consulting and Massachusetts, magna cum government experience. Her areas of expertise include public laude, 1973 involvement and outreach; facilitation; demographic research; MA, University of Texas at social, economic and financial assessments; management and Austin, 1976 operational analysis; and planning assistance. Holding an advanced Licenses/Registration degree in social science, she is knowledgeable in the use of various HUB techniques to engage stakeholders in the planning process and is DBE fully conversant with NEPA processes and requirements. She has TxDOT Precertified: conducted a number of socio-economic analyses and assessments Socio-Economic and and has an in-depth knowledge of the demographics and socio- Environmental Justice Analyses economic trends in South Texas as well as the state of Texas. She Years of Experience has extensive experience in development of technical documents 30+ and presentations as well as outreach to special populations and minority communities. Ms. Olivarri is pre-certified by the Texas Department of Transportation (TxDOT) in Socio-Economic and Environmental justice Analyses. A member of Leadership Corpus Christi, Class XI, she has served on a number of local and state agency boards. She served as a member of the Science and Technical Committee of the Corpus Christi Bay National Estuary Program and the City of Corpus Christi Charter Revision Committee in 2009. She serves on the Board of the Corpus Christi Chamber of Commerce and chairs the Infrastructure Committee, is on the South Facilities Task Force and Executive Committee and is a member of the Board of the Coastal Bend Community Foundation. In 2009, she was inducted into the Corpus Christi YWCA Hall of Fame. She has published articles and presented papers at a number of regional and national conferences. Ms. Olivarri began her professional career in Austin working for RPC, Inc. in the 1970s. Notable projects including management of a study entitled "Siting Industrial Facility on the Texas Coast" authorship of a chapter book entitled Refining the Waterfront, Alternative Energy Facility Siting Policies for Urban Coastal Areas edited by David Morrell and Grace Singer of Princeton University, and work that led to an article "OCS (Outer Continental Shelf) Development: A Community's Acceptance of Risk" published in the Coastal Zone Management journal. During this period, she also worked on the research for the Texas Coastal Zone Management Program, and a number of socio-economic impact assessments and permitting work associated with various energy-related projects. Moving back to Corpus Christi in 1980, she worked for the City of Corpus Christi for five years. Following positions as Assistant to the City Manager for two city managers, she was promoted to the Director of Administrative Services overseeing the Budget, Personnel, Risk Management and Data Processing Departments and co-managing the Internal Audit unit with the Director of Finance. She returned to consulting having been recruited to manage an effort for Wolfe Consulting on City-County consolidation for Austin and Travis County as well do other management consulting work for entities in various states. In 1987, she decided to open her own consulting company based in Corpus Christi. Originally more oriented toward management consulting for private and public entities, beginning in the 1990s her firm began to do an ever increasing amount of planning, communications and public outreach work. For over two decades, she has directed the public outreach component on numerous transportation projects for TxDOT and other entities. Among other projects, she directed the public involvement, including public meetings and public hearing process, for the Environmental Assessment of the Upgrading of US 77 to interstate standards from the Robstown area through the Rio Grande Valley. She assisted with overall outreach activities for the Corridor Development and Management Plan for the Ports to Plains Corridor (2004). She completed the successful public hearing process for the Joe Fulton International Trade Corridor project. She led the Texas-Louisiana effort on the National 1-10 Freight Corridor Study, a project which involved coordination with Departments of Transportation (DOTs) from eight states. During the State Highway 16 feasibility study and the US 83/Port Roads project, the public participation component of both projects involved working effectively with three TxDOT districts as well as the Transportation Planning and Programming (TPP) Division in Austin. Her local project experience includes directing the public information and outreach activities for a range of local entities including the City of Corpus Christi, the Port of Corpus Christi Authority, the Corpus Christi District of TxDOT, the Corpus Christi Metropolitan Planning Organization (CCMPO), the Corpus Christi Regional Transportation Authority and Nueces and San Patricio Counties. Examples of her project experience include CCMPO-Nueces County-San Patricio County-City of Corpus Christi Regional Parkway Feasibility project, the Port of Corpus Christi Authority's Environmental Assessment and other activities related to the development of Joe Fulton International Trade Corridor, the Port of Corpus Christi's and U.S. Army Corps of Engineers' Environmental Impact Statement for the Deepening and Widening of the Corpus Christi Ship Channel and the Extension of La Quinta Channel, the SPID (SH 358) Ramp Reversal Project (TxDOT) and the FM 2444 (Staples)/SH 357 (Saratoga) Median Project (TxDOT). On a number of these projects, she assisted with the development of environmental documents as well as directing public outreach. She was the Project Manager on a Freight and Hazardous Cargo Study for the CCMPO that researched data and conducted interviews and meetings with government officials and other stakeholders in order to help define freight movements within Nueces and San Patricio Counties. She contributed to the CCMPO Bicycle and Pedestrian Plan. Ms. Olivarri has organized and managed a number of community/strategic planning efforts. She directed public outreach for the Lower Rio Grande Valley Economic Adjustment Study funded by the US Economic Development Agency and administered by the Lower Rio Grande Valley Development Council. As a part of this award-winning study on drainage capital improvement needs in a four county area, she led development of the project evaluation process used to analyze and prioritize over 390 projects totaling over $1 Billion in estimated costs. She led the successful community strategic planning process which resulted in portions of Cameron, Hidalgo, Willacy and Starr counties being designated a federal Empowerment Zone. The development of the update to the four-county Rio Grande Valley Mobility Plan, which she led in 2003, required extensive community and official outreach and involvement in the planning process. One of her most unusual projects was coordinating the South Texas Spaceport Consortium, a regional coalition of public officials from 13 counties dedicated to the development of a spaceport in South Texas, including officials from entities in Cameron County. This project included securing legislative support for the effort and two rocket launches in Willacy County. Ms. Olivarri has also directed numerous public relation and information efforts for private clients. These projects include major industrial facilities and development projects in Nueces and San Patricio Counties area. She has a good working relationship with many of the business leaders and groups in the area. Losing both of her beloved parents within two years, she and her brother sold her family's 50 year old business, Pagan Lewis Motors which proved to be a complicated and challenging undertaking. Married to a now retired CPA for over 45 years, she enjoys cooking, reading, traveling and enjoying the flowers and plants his horticultural expertise he produces. CITY OF CORPUS CHRISTI Submit Date: May 03, 2018 Application for a City Board, Commission, Committee or Corporation Profile John J Plotnik First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 10 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Home address Work Address-Street Address and Suite Number Home email Work E-mail address John J Plotnik Page 1 of 5 Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Economic development. Served as the executive vice president for CCREDC for a total of ten years. Brought in nearly 30 Billion on new investments to our region. Only person in the United States to hold active certifications as an SIOR and CED. Education, Professional and/or Community Activity (Present) Google my name for my Bio. Feel free to contact our mayor and local leadership regarding my information Why are you interested in serving on a City board, commission or committee? To offer my experiences to our community. Demographics Gender W Male Verification John J Plotnik Page 2 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree John J Plotnik Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. none Board-specific questions (if applicable) John J Plotnik Page 4 of 5 John J Plotnik Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Oct 24, 2017 Application for a City Board, Commission, Committee or Corporation Profile Gordon R Robinson First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 4 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Corpus Christi Regional Transportation Authority Director of Planning ,,,,oyer Job Title 602 N. Staples St. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Gordon R Robinson Page 1 of 7 TX Work Address-State 78401 Work Address-Zip Code 361-903-3483 Work Phone grobinson@ccrta.org Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted BOARD OF ADJUSTMENT: Submitted PLANNING COMMISSION: Submitted LANDMARK COMMISSION: Submitted CORPUS CHRISTI B CORPORATION: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted CLEAN CITY ADVISORY COMMITTEE: Submitted MARINA ADVISORY COMMITTEE: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on a City board, commission or committee. I do serve as a member of the Board of Directors with my homeowners association, Tropic Isles HOA, in Flour Bluff. Gordon R Robinson Page 2 of 7 Education, Professional and/or Community Activity (Present) I have a Bachelor of Science degree in Geography from the University of California at Davis. I am the Director of Planning at the Corpus Christi Regional Transportation Authority (CCRTA). In addition, I am a Project Management Professional (PMP). During periods of implementing service improvements or conducting major planning studies, I have connected with the community throughout the City of Corpus Christi. Additionally, I interface with the CCRTA Board of Directors each month through presentations at meetings to advance transit initiatives and report performance statistics. I enjoy living in Corpus Christi and serving the community as a CCRTA professional. I've talked with residents and visitors at transit stations, bus stops, on buses, while walking in downtown or in the neighborhoods. I've confidently presented in front of several stakeholder groups at senior centers, schools, neighborhood associations including North Beach, Flour Bluff, and the Northside area, City of Corpus Christi Committee for Persons with Disabilities, Young Business Professionals, Downtown Merchants Association, Corpus Christi MPO Technical Advisory Committee, CCRTA Board of Directors, CCRTA Committee on Accessible Transportation, R/UDAT Steering Committee, Caller Times, Naval Air Station, Corpus Christi Army Depot, and other groups. I am a member of the Corpus Christi Metropolitan Planning Organization (MPO) Technical Advisory Committee, CCRTA-City of Corpus Christi Monthly Coordination Meetings, and the Regional/Urban Design Assistance Team Program (R/UDAT) Steering Committee which was formed in the Fall of 2014. Why are you interested in serving on a City board, commission or committee? Corpus Christi is a diverse city with multiple business, education, recreation, and tourism opportunities. It is a growing region that needs to strategically advance more development and revitalization efforts. My interests while serving on a committee are to increase family and youth activities, improve economic development, provide focused revitalization opportunities to attract more residents and visitors to our community, and foster public and private partnerships to increase our overall livelihood. By serving on a City of Corpus Christi Committee, I believe that I have the background and professional knowledge to make a positive impact for our community. Gordon_Robinson_Resume.pdf Upload a Resume Demographics Gender V Male Verification Gordon R Robinson Page 3 of 7 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Gordon R Robinson Page 4 of 7 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r• Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. The CCRTA has an annual agreement with the City of Corpus Christi for street maintenance funds. Board-specific questions (if applicable) Gordon R Robinson Page 5 of 7 Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to ISLAND STRATEGIC ACTION COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? I None of the above Question applies to LANDMARK COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to MARINA ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Gordon R Robinson Page 6 of 7 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Gordon R Robinson Page 7 of 7 Gordon Robinson, PMP SUMMARY: Experienced executive leader, technically skilled, certified project management professional (PMP), and effective communicator who is a hands-on, motivated, reliable, and experienced professional in the areas of strategic planning, transit service design and implementation including scheduling, blocking, rostering, customer service, bus and paratransit operations including bus stop management and detours, maintenance and fleet management, personnel management, capital improvements, budgeting and reporting, contract management and negotiation, ridership analysis and performance reporting using Genfare fare boxes and Automated Passenger Counters, trip planning and next bus technology, vanpooling, bicycle sharing, community outreach, problem solving, civil and traffic engineering, environmental and land use planning, and Title VI of the Civil Rights Act of 1964. EDUCATION: Bachelor of Science, Physical Geography; University of California at Davis. PROFESSIONAL EXPERIENCE: 11/2013-Present: Director of Planning, Corpus Christi Regional Transportation Authority (CCRTA), Service Development Department, Corpus Christi, Texas. ■ Direct the Authority's Service Development Department activities which includes the development of short and long range transportation plans in alignment with financial plans and approved budgets. ■ Effectively manage an annual budget of approximately $425,000 and department staff. ■ Lead short and long range planning studies including the development of service plans with cost estimates to implement three operator sign-ups per year. ■ Apply for state and federal grants in coordination with agencies including the Federal Transit Administration (FTA), Metropolitan Planning Organization (MPO), Texas Department of Transportation (TxDOT), and other subrecipients. ■ Lead the analyzing, monitoring, and reporting of ridership results and performance metrics using Genfare fare box data, surveys, and trip card summaries. ■ Support and problem solve customer focused transit technology products utilizing Clever Devices, Trapeze FX and Blockbuster, Google Transit, and TransLoc. ■ Develop scopes of work and independent cost estimates to initiate and implement projects, and manage multiple consultant contracts. ■ Lead federal reporting efforts under Title VI of the Civil Rights Act of 1964 and National Transit Database (NTD) including required passenger sampling. ■ Support the completion of FTA Triennial and Federal Certification Reviews. ■ Conduct customer outreach to inform public and other stakeholders of service improvements and changes. ■ Prepare and present reports to the Board of Directors, bus operators, public, and other local and regional stakeholders. 11/2011-10/2013: Director of Planning, Riverside Transit Agency (RTA), Planning Department, Riverside, California. ■ Developed the Planning Department's annual budget of $1,200,000, managed projects, consultant contracts, service agreements, and implemented quarterly service changes. ■ Directed and managed the Agency's planning and programming functions to support short and long range transportation plans. Led NTD reporting and passenger sampling efforts. ■ Served as Project Manager for the 10-year RTA Forward Transit Plan to develop service improvements. ■ Regularly analyzed, monitored, and reported ridership results and performance metrics using Genfare fare box data, automated passenger counters, and TransitMaster CAD/AVL. ■ Served as Project Manager for a scheduling services three year contract totaling approximately $536,000. ■ Developed and submitted state and federal grant applications. ■ Prepared and presented reports to the Board of Directors, bus operators, public, and other local and regional stakeholders. ...continued... Gordon Robinson • Page 2 07/2010-10/2011: Transit Planning Manager, Orange County Transportation Authority (OCTA), Strategic Planning Department, Planning Division. Orange, California. ■ Managed new transit planning section under the Planning Division responsible for completing a $500,000 comprehensive systemwide fixed route and paratransit bus system restructuring study, branded the "Transit System Study", with extensive public outreach with approximately 50 stakeholders including all 34 cities in Orange County, the public, transit advocates, major employers, major colleges and universities, and the Board of Directors. ■ Effectively led a team to develop work plans for prioritized annual and short range transit plans, completed transit initiatives including OCTA's Go Local Program and other planning studies, and submitted a planning grant application for a regional park and ride study in partnership with Caltrans. ■ Developed a 20-year bus capital plan, conducting transit planning study to improve service delivery at the Brea Mall transit center, completing project study report equivalents at the Laguna Hills Transportation Center and the Anaheim Regional Transportation Intermodal Center to improve and define service design. ■ Regularly analyzed, monitored, and reported ridership results and performance metrics using Genfare fare box data, automated passenger counters, and Orbital CAD/AVL. ■ Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and several other stakeholder groups. 12/2007-06/2010: Bus Rapid Transit Project Manager, Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy Department, Transit Division. Orange, California. ■ Project manager and contract manager to oversee 15 firms under the Program Management Consultant multi-year contract to support the Five-Year Rapid Transit Program involving the Bus Rapid Transit (BRT) program, Go Local and Measure M community circulator programs, and the planning and design for the Anaheim Regional Transportation Intermodal Center. ■ Project manager in charge of OCTA's federally and state funded $55 million Bravo! BRT program responsible for completing the design, construction, and implementation phases of three planned arterial based mixed-flow BRT corridors in Orange County. ■ Led and coordinated multiple consultant team contracts for the civil and architectural design of approximately 110 BRT station stops including the preliminary design of a real-time passenger information system, traffic signal synchronization design and implementation, and preliminary concept design of transit signal priority elements for 252 intersections within the BRT corridors. ■ Participated in contract negotiations with Procurement Department and legal counsel to resolve consultant performance and invoicing issues. ■ Researched fare collection methods and travel time delays to reduce anticipated dwell times. ■ Led grant application efforts to obtain funding to implement traffic signal synchronization. ■ Conducted and coordinated stakeholder outreach efforts throughout the design of the BRT program. ■ Prepared and presented regular progress updates and reports to executive management, the Board of Directors, and other stakeholder groups. 03/2002-11/2007: Senior Transportation Analyst, Orange County Transportation Authority (OCTA), Service Planning and Customer Advocacy and Strategic Planning Departments in the Transit and Planning Divisions. Orange, California. ■ Managed and coordinated the planning and implementation of new bus services and other bus service improvements and recommendations for each service change using field work and data analysis tactics. ■ Developed specific work plans for small contracts, analyze data to support transit planning studies, assess ridership projections, and support routing and stop improvements. ■ Conducted analysis using GIRO's HASTUS scheduling databases, GFI fare box data, and Geographic Information Systems (GIS) methods and applications to assess travel speeds and service levels throughout city and unincorporated areas within the service area. ■ Prepared and presented reports to Board of Directors and coordinated with stakeholder groups to implement improvements. ...continued... Gordon Robinson • Page 3 07/2000-03/2002: Systems Manager, FORMA. Irvine, California. ■ Under the Planning Division, managed GIS staff assigning tasks, monitoring budgets, schedules, and project deadlines while performing external and internal marketing responsibilities including proposal writing, proposal interviews, demonstrations, conference presentations, developing business relationships, and completing marketing brochures and posters. ■ Served as project manager for the $170,000 Rivers and Mountains Conservancy Open Space Plan which included the data collection and GIS system development of over 650 data sets containing aerial imagery, historical, infrastructural, biological, demographical, transportation, and other planning related data. Coordinated and authored responses to request for proposals for GIS projects and built product demonstrations and brochures for presentations, meetings, and clients using ESRI software products. ■ Provided private and public sector clients with GIS analysis results, reports, maps, and modeled visualizations, AutoCAD drawing modifications, and Microsoft Access software to support projects and related tasks. 11/1994-06/2000: Senior GIS Analyst, RBF Consulting, Information Systems Services Department. Irvine, California. ■ In support of planning and engineering projects, supervised a team of employees assigning tasks, monitoring budgets, and schedules to meet project milestones for private and public sector clients. Served as deputy project manager for the completion of the Natural Communities Conservation Plan (Orange County Central-Coastal NCCP/HCP) planning effort in collaboration with the Irvine Company and other organizations to preserve open space, multiple species, and habitat areas in Orange County. ■ Served as lead analyst to develop a transportation travel time model in order to determine the best location of a new fire station to serve a planned new development in south Orange County. ■ Provided on-site GIS support for the OCTA to build and edit spatial and tabular routing data for transit and master plan of arterial highway applications. Served as data conversion manager for the City of Santa Barbara Automated Mapping Services project responsible for the data collection and conversion of over 330 water and wastewater atlas sheets containing over 18,000 facilities. ■ Performed GIS analysis and mapping using ESRI software products, Microstation SE and Descartes, Microsoft Access, and MapObjects software to support projects. HONORS, AWARDS, and ACCOMPLISHMENTS: ■ 2017-18 Leadership Corpus Christi Class 46 Participant ■ 2016-17 Texas Transit Leadership Initiative Graduate ■ Presenter at the 2017, 2016 and 2015 APTA Multimodal Operations Planning Workshops ■ Presenter at the 2016 APTA Bus and Paratransit Conference in Reno, NV ■ 2015 American Public Transportation Association (APTA) Peer Review, Pierce Transit, Lakewood, WA ■ Member of the APTA Policy and Planning Committee, APTA Major Capital Investment Planning Subcommittee, and the APTA EJ/Title VI Subcommittee ■ Certified Project Management Professional (PMP), License 1436980, and member of the Project Management Institute ■ Member of the Corpus Christi MPO Technical Advisory Committee ■ Member of the Board of Directors for the Tropic Isles Home Owners Association in Corpus Christi, TX ■ Competent Communicator Award with Toastmasters International ■ Member of the 2011-2012 OCTA Leadership Academy ■ Graduate of the 2010 University of the Pacific Transit and Paratransit Management Certification Program CITY OF CORPUS CHRISTI Submit Date: Jul 12, 2018 Application for a City Board, Commission, Committee or Corporation Profile John B Ross VI First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 4 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Firebird Bulk Carriers, Inc. Oilfield Driver ,,,,oyer Job Title 1024 S. 137 Access Work Address-Street Address and Suite Number George West Work Address-City John B Ross VI Page 1 of 5 Texas Work Address-State 78022 Work Address-Zip Code 747-333-6749 Work Phone Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) Education: BBA in Management . Professional: Experienced with interstate commerce to/from Corpus Christi . Community: Landlord . Why are you interested in serving on a City board, commission or committee? This particular board, CC B-Corp., interests me. For years I've experienced roadways that need improvement. I believe it can be done without going bankrupt. There is a right way to steer tax-resources for economic development. This unique approach will turn a profit & minimize wastefulness. Affordable housing shouldn't be perceived as an eyesore, but something valued by their occupant(s). Peak dwelling condition should be maintained from move-in through move-out. Recent events may provide more workers requiring local housing & that, in turn, will increase tax-revenue. The time to act is now & get ahead of the curve; a plan in place will always prevail plans made to re-gain lost ground. John B Ross VI Page 2 of 5 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree John B Ross VI Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Depending on customer demand at work, an occasional absence may be required. I intend to give as much notice as possible. John B Ross VI Page 4 of 5 Board-specific questions (if applicable) John B Ross VI Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jul 09, 2018 Application for a City Board, Commission, Committee or Corporation Profile Diana Summers First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 4 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone HOGAN HOMES CHIEF FINANCIAL OFFICER Employer Job Title 400 MANN ST. Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City Diana Summers Page 1 of 5 78401 Work Address-Zip Code 512-994-8786 Work Phone Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS: AUDIT ASSOCIATE 2010-2011 ; DELOITTE AND TOUCHE, LLC, AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, ASSISTANT TO THE PRESIDENT 2013-PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB Why are you interested in serving on a City board, commission or committee? BROWN.pdf Upload a Resume Diana Summers Page 2 of 5 Demographics Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 9 1 Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Diana Summers Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Diana Summers Page 4 of 5 Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Diana Summers Page 5 of 5 Acknowledged for strong analytical and problem solving skills,as well as development of team and client relationships.Recognized for achieving an understanding of numerous different business operations and processes,identifying and quickly elevating potential engagement issues,task prioritizing,and multi-tasking abilities.Enjoys challenging engagements and new opportunities to fiuther develop professional skills.Thrives in a team environment yet also works well independently.Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers,LLC,Dallas Associate,2010-2011 Audited a diverse portfolio of clients including manufacturing,health care,financial,chemical,and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche,LLC,Austin Senior Associate,2011—2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration,2009 Double Majored.Finance and Accounting Directed Studies:French College of Charleston Masters of I ccounting 2010 Study Abrond:University of South Carolina,Maymester Session,Kenya,Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya.Examined the local operations oC The Coca Cola Company,Dockers,a subsidiary of Levi Strauss and Co.,Kazuri Beads,Ltd.and KickStart,a non-profit dedicated to developing technologies for small-scale enterprises.Studied the importance of eco-tourism to the national economy. National Outdoor Leadership School,Broome,Australia Studied leadership skills and development,while facing extreme conditions of the Australian Outback.Also focused on technical outdoor skills and environmental ethics. OTHEWLE AUERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award(2008) Recipient ut il,e Student Government Executive Officer Meritorious Award(2009) Student Senator representing Darla Moore School of Business(2007-2009) Chairman For Senate Finance committee(2009) Sorority Comicil President(2008-2009) Omicron I lia 1:appa Honors Society President(2009) Mortar Bmrd 1-lonors Society Treasurer(2008) CITY OF CORPUS CHRISTI Submit Date: Oct 02, 2017 Application for a City Board, Commission, Committee or Corporation Profile John Valls First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 50 If yes,how many years? Primary Phone Alternate Phone Valls Consulting Group Principal Consultant Employer Job Title 615 N. Upper Broadway, Suite 616 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State John Valls Page 1 of 5 78401 Work Address-Zip Code 3613563193 Work Phone Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Appointed CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) BBA, MBA and pursuing a Doctorate in Business Administration, Current Chairman of the Nueces County Appraisal District Board of Directors, Board Member Nueces County Hospital District, Former Chairman of the Corpus Christi Regional Transportation Authority, Former Chairman of the Corpus Christi Hispanic Chamber of Commerce, Chairman of the Board of Texas Bridge Credit Union. Why are you interested in serving on a City board, commission or committee? To provide my unique skill set and extensive public and private experience in developing sound public policy. John Valls resume..pdf Upload a Resume Demographics John Valls Page 2 of 5 Gender W Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree John Valls Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. NA John Valls Page 4 of 5 Board-specific questions (if applicable) John Valls Page 5 of 5 JOHN EDWARD VALLS 10/10 - Present Public Relations & Public Administration Consultant—Valls Consulting Group (VCG) Serve as a contracted consultant specializing in Government Affairs, Public Administration and Business Development. Established VCG in the fall of 2010 to take advantage of a wide skill set and unlimited project opportunities. Retained by the Cities of Gregory, Beeville, Ingleside, Alice and Driscoll, TX to serve as a consultant City Administrator or in a grant writing capacity. Provide a successful resume of public administration activities to include voter passage of a sales tax imitative for creation of an economic development corporation,closure on a $3 million municipal bond package, authored a $1 million and $1.2 million Economic Development Administration grant for communities in San Patricio County and successfully negotiated a 20+ year commercial water and wastewater user agreement with Tiajin Pipe Company of America(TPCO)to utilize the City of Gregory's utilities. • City of Gregory—City Administrator Oversaw the direction and implementation of several public works, economic development and publilc policy projects. Successfully authored a$1 million Economic Development Administration (EDA)Public works grant related to improving the WWTP and extending a waterline to the Tianjin Pipe Compmany poject site. Introduced to the council the concept of an AMR system to create efficiency and accuracy in water meter readings. The council approved the project which, I facilited the implementation of bringing the city water revenue collection from approximately 65%to near 95%. Worked closely with state and national regulatory agencices, primarily TCEQ and TxDOT to address current and outstanding issues facing the city of Gregory. Worked closely with area state legislators to address outstanding TCEQ fines imposed on the city of Gregory. Visited Sens. Zaffirini and Mnojosa and their staffs on several occasions to solicit their help in facilitating meetings with TCEQ with the goal of educing the TCEQ fine to a more affordable amount. I was successful in having the amount reduced. Presented to the voters at town hall meetings the idea of increasing the city sales tax rate by 1/2%in order to create a 4B economic development corporation. The voters overwhelming approved the 4B tax referendum. Worked closely with area legislators on the city's behalf regarding legislation to the benefit of the city. • City of Beeville-Assistant City Manager&Legislative Director Retained to assist the new city manager with her transition into the role and to direct the legislative activities of the city. Introduce a legislative agenda to the council for consideration which, they subsequently adopted(this was the first time the City of Beeville had a legislative agenda). Worked closely with Reps. Hunter and Lozano along with Sen. Zaffirini to sponsor legislation aimed at using an alternate funding source to assist the city in paying for water infrastructure developments. Presented to Rep. Lozano, the concept of utilizing a portion of the hotel/motel occupancy tax to fund critical water infrastructor development. The result was him sponsoring HB 1279: Relating to the use of hotel occupancy tax revenue in certain municipalities and counties. Did the same in the senate with Sen. Zaffifini sponsoring SB 1703: Relating to the use of hotel occupancy tax revenue in certain municipalities and counties. Also was able to have Rep.Lozano introduce HB 1283: relating to the tax exemption for permanent hotel residents in certain municipalities and counties. Worked closely wity Scott Joslove, President of the Texas Hotel Motel Lodging Association on each of these bills. JOHN EDWARD VALLS • City of Driscoll-City Administrator Retained as a consultant City Administrator to take over in the absence of a permemnat city secretary or clerk. Supervise the daily activities of the entire city staff to include, public works, municipal court,utilities and the police department(unitl a full-time chief was hired). Duties also include leading the city's legislative efforts related to I69 as the new Interstate is designed to bypass the city. Working with Rep. Herrero's office regarding any economic adjustment funding. Work closely with TxDOT, TCEQ. FEMA, Texas Department of Agriculture and the Council of Governments on various city related issues from CBDG grants to I69 to the city's water and WWTP. Working on annexation to the east in advance of the bypass in order to capture this area in the event of future commercial development. 05/04— 10/10 Public AffairsBusiness Development team Port of Corpus Christi Authority Primarily responsible for developing and maintaining both a proactive and responsive public affairs and media relations program. Served as the primary liaison between the Port and its industry and community stakeholders, advertising agency, and regional partners to lead the development of an effective regional outreach program to include public speaking and advertising in print, radio and promotional videos. Coordinated the Port's public affairs and communications activities; acted as the primary contact with the media and served as "spokesman" for the Port Authority. Coordinated appearances in trade shows, receptions, economic development projects and special events outside the local community. Served as the Port's primary public affairs contact and frequently delivered presentations to local civic and business associations. Worked closely with special interest groups, community leaders and organizations such as Chambers of Commerce and Economic Development Corporations along with local and state elected officials regarding port, economic development and community issues and interests. Supervised the budget of the department and promoted fiscal responsibility with direct oversight of expenses, capital expenditures and travel. Work closely with state and local elected officials and maintain a specialized knowledge of the state legislative process. New role as General Cargo Manager worked within the business development department to prospect, attract new and maintain existing cargo movements through the port. Served as the Project Manager of the wind energy sector of the port's business development initiatives, prospected and attracted wind farm developers and turbine manufacturers to transport cargo through the Port of Corpus Christi versus other ports. Worked closely with several of the world's top wind turbine manufacturers to include; Siemens, Vestas, GE, Gamesa, CSWind, Dongkuk and Clipper. Was successful in recruiting three new wind farm projects to select the Port of Corpus Christi as their port of entry in 2010 alone. Maintain considerable contacts with local/regional media outlets and relationships with Chambers of Commerce and regional Economic Development Corporations and members of the Port Industries. 02/03-05/04 Business DevelopmentlMlarketing/Public Affairs-CC International Airport Oversaw the airport tenant relations program to include marketing,public affairs,business development, and strategic planning. Developed new business projects to enhance airport use and to generate new revenues. Negotiated leases and contracts for approximately 28 tenants and worked closely with media to disseminate airport related information. Supervised the airport's marketing and public affairs campaign and worked closely with local civic and business organizations along with area elected officials. Prospected new air services and created an air service stimulus incentive package to attract airlines for new or expanded service. JOHN EDWARD VALLS 3/97- Present Adjunct Professor - University of the Incarnate Word, Del Mar College and Park College (Corpus Christi) Adjunct Professor instructing in the area of business administration focusing in the Management and Marketing disciplines. Help guide students to a competent understanding of the management and marketing discipline through lecture, case analysis, assignments and exams. Responsible for developing lecture material,exams along with maintaining detailed records of grades and attendance. Perform advising role for students, review transcripts and make recommendations of course work related to their degree plans. Extremely proficient with Microsoft Office and solid personal computer skills. EDUCATION: University of the Incarnate Word Degree: Doctorate of Business Administration(DBA)(commence May 2017) Texas A & M University - Corpus Christi Degree: Master of Business Administration (MBA) 1995 Sam Houston State University-Huntsville, TX Degree: Bachelor of Business Administration (BBA) 1989 BOARD OR COMMITTEE MEMBERSHIP Corpus Christi Regional Transportation Authority—Chairman Emeritus,Board of Directors Nueces County Appraisal District—Chairman of the Board Nueces County Hospital District—Board Member Texas Bridge Credit Union—Chairman,Board of Directors Corpus Christi Hispanic Chamber of Commerce—Past Chairman, Board of Directors Leadership Corpus Christi Alumni Association—Board of Governors South Texas Strategic Military Affairs Task Force - member CIVIC INVOLEMENT: Adjunct Professor Leadership Corpus Christi Board of Governors-Chairman (Classes instructed) Leadership Corpus Christi Steering Committee Class 29 Leadership Corpus Christi Graduate Class 28 Principles of Marketing Corpus Christi Literacy Council-Board of Directors Organizational Behavior American Red Cross-Coastal Bend Chapter-Board of Directors Business Policy and Strategy Youth Odyssey-Board of Directors Principles of Supervision Young Professional Club Business Communication March of Dimes—Walk America Team Development Coordinator Marketing Research United Way of the Coastal Bend—Allocation Committee Member Fundamentals of Advertising Leadership Corpus Christi Class 33-Chairman Consumer Behavior Corpus Christi Convention and Visitors Bureau—Board of Directors Introduction to Business Corpus Christi Chamber of Commerce—Board of Directors International Business Management Leadership Corpus Christi Alumni of the Year 2008 Principles of Management Del Mar College Foundation—Board of Directors JOHN EDWARD VALLS REFERENCES: Hon. Todd Hunter Hon. Juan "Chuy" Hinoj osa State Representative State Senator Hon. J.M. Lozano Abel Herrero State Representative State Representative Hon. John Aguilar Hon. John Marez Mayor, City of Driscoll Nueces County Commissioner, Pre. 3 Hon. David Carabajal Ms. Deborah Balli Mayor, City of Beeville Fmr. City Manager, City of Beeville Finance Director, City of Kingsville Hon. Billy Huerta Mayor, City of Odem Luis Moreno Chief of Staff Sen. Juan Hinojoa Matt Lamon Chief of Staff St. Rep J.M. Lozano Hon. Ike Ornelas Mayor, City of Alice CITY OF CORPUS CHRISTI Submit Date: May 14, 2018 Application for a City Board, Commission, Committee or Corporation Profile Kristie Veit First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 41 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone AT&T/ CWA President CWA 6137 Employer Job Title 1210 S Staples Work Address-Street Address and Suite Number Corpus Christi Work Address-City Kristie Veit Page 1 of 5 Texas Work Address-State 78404 Work Address-Zip Code 361-883-6137 Work Phone kvcwa6l37@swbell.net Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Some college, currently employed by AT&T, as well as Communications Workers of America, Local 6137 Why are you interested in serving on a City board, commission or committee? Looking to expand job growth and even more importantly, job security in Corpus Christi Kristie Veit Bio CCU40.docx Upload a Resume Demographics Kristie Veit Page 2 of 5 Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Kristie Veit Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. answered no to call questions Kristie Veit Page 4 of 5 Board-specific questions (if applicable) Kristie Veit Page 5 of 5 Kristie Moeller Veit is the President of Communications Workers of America-Local 6137, President of the Coastal Bend Labor Council, and area Vice President for the Texas AFL-CIO. Kristie Moeller Veit joined CWA 6137 in 1999 when hired on with Southwestern Bell (now AT&T) and immediately became an activist in her union. She became a job steward in 2001, then in 2004 was elected by the membership as Secretary-Treasurer. In 2011 she was elected President and re-elected in 2014. While serving the labor movement in the early years, CWA assigned her to be a delegate to the Coastal Bend Labor Council, where she served on the scholarship committee, and as Political and Legislative chair from 2003-2011. She was elected as Vice President of the CBLC in 2012, then elected President of the CBLC in June 2015. Because of her commitment to working families, in 2013 she was elected to the statewide organization, Texas AFL-CIO, as an Executive Board member, and re-elected 2015, while also elected to serve the Texas AFL-CIO as a Board Trustee. She has participated in and organized job actions across Texas for workers' rights, human ' rights and Buy American projects. Additionally, together with the CWA Womens Committee, support the back to school supplies program for the children at South Texas Womens' Shelter. Kristie is proud to call CWA members her family. She is married to Brian Veit, they have two daughters Taylor and Taryn. SC o� � v AGENDA MEMORANDUM NOORP08 IEO First Reading for the City Council Meeting of August 14, 2018 1852 Second Reading for the City Council Meeting of August 21, 2018 DATE: August 1, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Office of the Business Liaison arlenem(a)cctexas.com (361) 826-3356 Type A Board Certificate of Amendment CAPTION: Resolution adopting a certificate of amendment for the Corpus Christi Business and Job Development Corporation. PURPOSE: The purpose of this item is to adopt a certificate of amendment to amend the articles of incorporation (certificate of formation) for the Corpus Christi Business and Job Development Corporation. BACKGROUND AND FINDINGS: The terms of the directors of the Corporation were set to expire on July 31 of each year in accordance with the City's former fiscal year.This Resolution will change the terms of the directors of the Corporation to align the terms with the City's new fiscal year (October 1 — September 30). The affairs of the Corporation have been managed by a board of directors composed of five persons appointed by the City Council. City Council passed a motion on June 19, 2018 to add two additional directors to the Corporation's board of directors. This action will increase the number of board from five to seven. Texas Local Government Code section 501.302 provides that the Certificate of Formation of a development corporation may be amended by resolution of the governing body of the authorizing unit, in this case City Council, at that body's sole discretion. This is done by approving a Certificate of Amendment. The Type A Board recommended approval of this Certificate of Amendment at its meeting on July 16, 2018. ALTERNATIVES: City Council could choose not to approve this Resolution. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to City policy. EMERGENCY/ NON-EMERGENCY: Non Emergency DEPARTMENTALCLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Project to Date Fiscal Year: Expenditures 2016-2017 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: NA RECOMMENDATION: None. LIST OF SUPPORTING DOCUMENTS: Resolution Certificate of Amendment RESOLUTION ADOPTING A CERTIFICATE OF AMENDMENT FOR THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION. WHEREAS, on September 26, 2000, the City Council voted to approve the original articles of incorporation for the Corpus Christi Business and Job Development Corporation, a Type A corporation (the "Corporation"); WHEREAS, on November 11, 2014, the City Council voted to approve the Restated and Amended Articles of Incorporation (now known as Certificate of Formation) for the Corporation; WHEREAS, the terms of the directors of the Corporation were set to expire on July 31 of each year in accordance with the City's former fiscal year; WHEREAS, additional directors should be added to the Corporation's board of directors to provide further oversight of the expenditure of sales tax funds; and WHEREAS, the terms of the directors of the Corporation need to be changed to align the terms with the City's new fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council of the City of Corpus Christi finds that it is advisable for the reasons stated above to adopt a Certificate of Amendment in accordance with section 501.302 of the Texas Local Government Code. Such Certificate of Amendment is attached to this Resolution as Exhibit "A" and incorporated to this Resolution for all purposes. SECTION 2. The City Council adopts the Certificate of Amendment and authorizes the Mayor and the City Secretary to sign such document in accordance with section 501.305(x)(2) of the Texas Local Government Code and file such Certificate of Amendment with the secretary of state. 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 CERTIFICATE OF AMENDMENT FOR CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § WE, THE UNDERSIGNED natural persons do verify that the amendments to the Articles of Incorporation(now known as Certificate of Formation)have been approved in the manner required the Development Corporation Act and the Corporation's governing documents: The Corporation is a nonprofit corporation under the Texas Business Organizations Code and a corporation under the Development Corporation Act of 1979, Sections 501-505 of the Texas Local Government Code (the Act) and governed by Sections 501 and 504 of said Act. The filing number issued to the Corporation by the Secretary of State is 160067201. The date of formation for the Corporation is September 27, 2000. This Certificate of Amendment was adopted by the City Council of the City of Corpus Christi by resolution on ) 2018. AMENDMENT: The Articles of Incorporation (Certificate of Formation) shall be amended, effective as of October 1, 2018, by altering each of the following provisions as laid out below. ARTICLE NINE BOARD OF DIRECTORS (a) The affairs of the Corporation shall be managed by a board of directors which shall be composed of seven persons appointed by the City Council of the City. The terms of the directors shall be two years expiring on September 30. Terms for three of the directors will expire on September 30, 2019, terms for the remaining four directors shall expire on September 30, 2020. Directors may be appointed to succeed themselves. No director may serve longer than six years consecutively unless such service is required to complete an unexpired term.Each director must be a resident of the City. Once a director has served for a total of six consecutive years, unless an exception under the City Charter applies, his or her term shall immediately expire and his or her position shall become vacant. (b) The names and street addresses of the persons who are to serve as the directors and the dates of expiration of their current terms as directors are as follows: NAMES ADDRESSES Expiring September 30, 2019 Scott Harris 500 N. Shoreline, Corpus Christi, TX 78401 Gabriel Guerra 4211 Ayers St., Corpus Christi, TX 78415 —expires July 31, 2019 upon service of six consecutive years. John Valls 615 N. Upper Broadway 9616, Corpus Christi, TX 78401 Expiring September 30, 2020 Lee A. Trujillo 6102 Ayers, Ste. 106, Corpus Christi, TX 78415 Randy Maldonado 338 44th, Corpus Christi, TX 78405 Leah Pagan Olivarri 3833 S. Staples, Ste. 5110, Corpus Christi, TX 78411 Robert Tamez 4626 Weiskopf Ln, Corpus Christi, TX 78413 Each director is and must be a qualified elector of the City Each director including the initial directors shall be eligible for reappointment. Each director shall serve until a successor is appointed. Directors are removable by the City Council at any time without cause. (c) The directors shall serve without compensation but they may be reimbursed for their actual expenses incurred in the performance of their duties as directors. Any vacancy occurring on the board of directors shall be filled by appointment by the City Council of a person who shall hold office until the expiration of the term. (d) The board of directors shall elect a president,vice president, secretary and any other officers that the City Council considers necessary to serve as executive officers of the Corporation as more specifically provided in the Corporation's Bylaws. The term of each officer's office shall expire on September 30 of each year. The City Manager shall serve as executive director of the Corporation and the City Secretary shall serve as assistant secretary to provide administrative support services for the corporation. (e) The board shall conduct all meetings within the boundaries of the City.Meetings of the board of directors are subject to the Texas Open Meetings Act and the Texas Public Information Act. Each additional amendment herein conforms to the appropriate subtitle in the Development Corporation Act. This Certificate of Amendment does not contain any other change to the articles of incorporation (certificate of formation). VERIFICATION: The undersigned sign this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument. Signed this of ) 2018. Joe McComb Rebecca Huerta Mayor City Secretary City of Corpus Christi City of Corpus Christi STATE OF TEXAS § COUNTY OF NUECES § Joe McComb personally appeared before me on this the day of , 2018, and being first duly sworn declared that he/she signed this application in the capacity designated, if any, and further states that he/she has read the above application and the statements therein contained are true. Notary Public, State of Texas SC GO O Va. v AGENDA MEMORANDUM NORROP p�EO 1852 Action Item for the City Council Meeting of August 21, 2018 DATE: August 3, 2018 TO: Samuel "Keith" Selman, Interim City Manager KeithSe(a)cctexas.com 361.826.3898 FROM: Rudy Bentancourt, Housing and Community Development Director RudyBC@cctexas.com 361.826.3044 Annual Board Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Annual Board Meeting of the Corpus Christi Housing Finance Corporation PURPOSE: The purpose is to hold the Annual Board Meeting of the Corpus Christi Housing Finance Corporation in order to elect officers, consider offers concerning the disposition of the Ward Building and parking lot and consider options concerning future multifamily projects for affordable housing. BACKGROUND AND FINDINGS: Election of Officers Each year, the CCHFC must conduct its annual meeting and elect new officers. The Bylaws provide for the following: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, General Manager and Assistant General Manager. Typically, the President and Vice President have been elected from the Board of Directors and the current officers are Rudy Garza, President, and Michael T. Hunter, Vice President. The Bylaws provide that all officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions. The recommendation for these positions is as follows: General Manager Assistant General Manager Samuel "Keith" Selman Secretary Rebecca Huerta Assistant Secretary Paul Pierce Treasurer Constance Sanchez Assistant Treasurer Alma Casas Ward Building Existing Contract. Last December, the Board approved a Contract providing for the sale of the Ward Building and the related parking lot to William Hoover and David Nuss or an entity formed by them for such purposes. The terms are for a sales price of$150,000 with the obligation of the purchasers to develop the property into a mixed use development including retail space, collaborative work space and apartments within two years. The Feasibility Period under the Contract expired Monday, July 30, 2018, and the buyer is obligated to close on or before August 29, 2018. David Nuss has elected not to proceed with the purchase, but Bill Hoover wants to proceed on his own or with another investor. An assignment of David Nuss' interest in the Contract to Bill Hoover has been presented, but any assignments of the Contract are subject to the approval by the CCHFC Board. New Contract Offer. On June 20, 2018, staff and legal counsel received a Contract offer for the Ward Building and parking lot from The Clower Company or its assigns for$185,000.00. That Contract provides that the Ward Building will be demolished and the entire property used for parking as noted in Section 11. The entire property is subject to a deed restriction that requires that a minimum of 36 covered parking spaces be maintained on the property for monthly tenants, which is the current use of the parking lot portion of the property. The Clower Contract provides for a 21-day Feasibility Period with closing to be within 15 days afterwards. The offer does not have an expiration and has not been withdrawn. Background. The City originally acquired the Ward Building and adjacent vacant lots in 2008 utilizing CDBG funds in order to develop parking spaces as an incentive for development of the vacant Nueces Building into the Nueces Lofts apartments. The purchase price and development costs for the parking facility were designed as the economic incentive for the development of 66 new apartments in downtown Corpus Christi. (This development preceded establishment of the current incentive program available through the TIRZ #3 for development downtown.) In lieu of providing $800,000 in CDBG funds directly for the development, CDBG funds initially were used for the acquisition of the building and land and the development of the parking lot, but those funds had to be reimbursed to the CDBG program since a new use for the Ward Building could not be found within the required time under CDBG regulations. The CCHFC had funds available so it acquired the Ward Building and parking lot from the City and reimbursed all CDBG and other City funds invested in the project. The CCHFC has as its purpose the development of multifamily and single family housing, so the funds utilized by the CCHFC for the acquisition in order to support the Nueces Lofts development and other downtown residential development was within its corporate purposes. As the result of this acquisition and development of a new downtown parking lot, the Nueces Building was redeveloped into 66 apartments with a fitness center in first floor commercial space. Prior to its conversion, it was on the property tax rolls at a value of$900,000 at a rate similar to many other downtown properties. After the conversion, it now is on the tax rolls at over$5,700,000, and it has helped spur development of the Cosmopolitan Apartments and drive up other property values in the downtown area. The apartments are fully-occupied according to the owner. The Nueces Building also is listed on the National Register of Historic Places and serves as a model for how a historic preservation project can be completed. In 2009, 2014 and again in 2017, Requests for Proposals (RFPs) were issued for the adaptive re-use of the Ward Building and adjacent parking lot. The objective has been to sell the property to a developer that would assume the operation of the parking lot and redevelop the Ward Building. None of the proposals received over the years have been feasible. City staff has offered various financing terms for a portion of the acquisition costs in attempts to try to make the numbers work, but the renovation costs, debt service, and operating costs could not be successfully addressed. Options. The Board has the following options in responding to the request for approval of the assignment and the new offer: 1. Approve the Assignment to Bill Hoover and close the sale of the property on or before August 29, 2018 for$150,000.00. The Deed would require that redevelopment of the Ward Building be commenced within two years or the CCHFC would have the option to re-acquire the property for the purchase price of$150,000.00. 2. Reject the proposed Assignment and accept the new Contract offer from The Clower Company for$185,000.00. That sale would be subject to their feasibility review in the next 45 days, with closing to occur within 45 days thereafter. 3. Attempt to negotiate modifications to the existing Contract with Bill Hoover as a condition of approving the proposed assignment. The Board may want to see if it could get a higher price or different terms. It was anticipated that during the feasibility period the buyers would present further information on the plans for the building but that did not take place. The negotiation of any modifications probably would require an extension of the closing deadline of August 29. 4. Make a counter-offer to The Clower Company. The counter-offer could specify a different price or terms. It is important to keep in mind that a counter-offer terminates the offer on the table so if the other party rejects the counter-offer the original Contract offer is null and void. 5. Reject both options and solicit "best and final offers" from both parties by a specified deadline after the closing date expires under the current Contract. Schedule a future meeting to consider any proposals submitted. 6. Reject both options and Issue a new Request for Proposals after the closing date expires under the current Contract. The CCHFC has issued three Requests for Proposals at various times in the past and never received a qualified offer in response to an RFP. It has received five different contract offers over the past three years, including the current two Contracts, outside of any RFP process. The CCHFC is not legally required to sell the property pursuant to an RFP. 7. Reject both options and list the property with a real estate broker for sale after the closing date expires under the current Contract. Since this matter involves the negotiation of a contract involving the sale or exchange and value of real property, the discussion of this item may be conducted in closed session. Multi-family Affordable Housing Proposal NRP Group has submitted a proposal to develop, construct and operate one, two or possibly three apartment projects for affordable housing at different locations in the City. In 2005, the CCHFC entered into a similar partnership with NRP Group for the development of the Costa Tarragona I apartments located at N. Padre Island Drive and 1-35 Highway in Corpus Christi. Phase II of Costa Tarragona was completed in 2009. Under this financing mechanism, the CCHFC would form an LLC subsidiary to act as the general partner of a Texas limited partnership in which NRP Group and a tax credit investor are the limited partners. Although the general partner has legal liability for obligations of the partnership, the LLC would have no other assets, so neither the credit nor assets of the CCHFC nor of the City of Corpus Christi would be at risk in any way. The principals of NRP Group would sign any required personal guaranties in connection with any of the financing. The CCHFC would use its authority to issue tax-exempt bonds to finance a portion of the construction costs. Those bonds would be non-recourse as to the CCHFC and the sole obligation of the partnership for repayment. NRP Group would retain the involvement of a low-income housing tax credit investor to provide additional equity for the project. These would be 4% tax credits and not the 9% tax credits allocated through the program administered by the Texas Department of Housing and Community Affairs, so it would not be involved in any way with that annual allocation proceeding. In exchange for its participation in the partnership, the CCHFC would earn 30% of the development fees, 50% of the priority distributions, and 50% of the net revenues of the partnership. The current pro forma for each project shows $5,864,000 in development fees paid over the term of the financing, with the first $1,947,527 paid by the time of permanent loan closing. The 30% interest of the CCHFC would amount to $601,000 by permanent loan closing and $1,759,200 overall. Concerning the Costa Tarragona development, the initial development fees were paid in full, but the partners agreed to eliminate interest on the deferred development fee in order for the project to meet its cash flow requirements. The CCHFC has been paid a total of$645,435 in development fees on Costa Tarragona I and $451,800 on Costa Tarragona I I over the years with a balance remaining of$334,152. The CCHFC also charges a fee for the issuance of its tax exempt bonds. Although it has not issued any bonds since 2005, its fee schedule is 1/4 of 1% for the first $10 million and 1/8 of 1% for the remaining principal amount of bonds issued. The NRP pro forma shows a bond issue of approximately $21,760,000 so those fees would be $39,700. No action is required on this proposal at the present time, but NRP will be making a request in September for specific action on one or more of the projects. ALTERNATIVES: The CCHFC may elect such persons as officers as it sees feet and take any of the alternatives described under the section for the Ward Building. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCHFC policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency. This item requires only one meeting of the CCHFC Board. DEPARTMENTAL CLEARANCES: Housing and Community Development and City Secretary's Office 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the election of new officers. LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Board Meeting Commercial Contract— Improved Property with Bill Hoover and David Nuss Commercial Contract— Improved Property with The Clower Company NRP Group Proposal Unapproved December 19, 2017, Board Meeting Minutes Treasurer's Report AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING Date: Tuesday, August 21, 2018 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. President Rudy Garza calls meeting to order. 2. Secretary Rebecca H uerta calls roll. Board of Directors Officers Rudy Garza, President General Manager Michael T. Hunter, Vice President Samuel "Keith" Selman, Asst. General Manager Lucy Rubio Rebecca Huerta, Secretary Paulette Guajardo Paul Pierce, Asst. Secretary Debbie Lindsey-Opel Constance P. Sanchez, Treasurer Joe A. McComb Alma Casas, Asst. Treasurer Ben Molina Everett Roy Greg Smith 3 Public Comment. 4. Approve minutes of December 19, 2017. 5. Treasurer's Report. 6. Election of Officers: President Vice President General Manager Assistant General Manager Secretary Assistant Secretary Treasurer Assistant Treasurer 7. Discussion and Possible Action Concerning the Sale of the Ward Building and related Parking Lot. (The Board may consider this item in Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss and deliberate the sale or exchange and value of the real property with possible action thereafter in open session.) 8. Discussion of proposal from NRP Group for new affordable multifamily housing developments. 9. Adjournment NHNUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING December 19,2017 3:54 p.m. PRESENT Board of Directors Officers Rudy Garza, President Margie C. Rose, General Manager Michael T. Hunter, Vice-President Keith Selman, Asst. General Manager Lucy Rubio Rebecca Huerta, Secretary Carolyn Vaughn Paul Pierce, Asst. Secretary Paulette Guajardo Constance P. Sanchez, Treasurer Ben Molina Alma Casas, Asst. Treasurer Joe A. McComb Greg Smith Debbie Lindsey-Opel President Garza called the meeting to order in the Council Chambers of City Hall at 3:54 p.m. Secretary Huerta verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. President Garza,referred to Item 3 and called for approval of the minutes of the September 26,2017 Annual Meeting and the November 7,2017 Special Meeting. Board Member Lindsey-Opel made a motion to approve the minutes as presented, seconded by Board Member Guajardo, and passed unanimously. President Garza,referred to Item 4 and called for the Treasurer's Report ending September 30, 2017. Treasurer Constance Sanchez, noted the September 30, 2017 Treasurer's Report was unaudited and stated the total assets were$1,306,704 with liabilities of$334,152 for a total liabilities and fund balance of$972,552. Treasurer Sanchez said the Income Statement ending September 30, 2017 was also unaudited and shows expenditures of$28,812 and total revenues were$78,589,with an excess of revenues over expenditures of$49,777 for a total fund balance of$972,552. There were no questions. President Garza,referred to Item 5 and called for public comment. There were no comments from the public. President Garza,referred to Item 6,adoption of a Resolution approving the sale of the Ward Building and related parking lot and authorizing the President and General Manager to execute documents necessary to close the transaction. Board Members,the Director of Housing and Community Development,Rudy Bentancourt, and Business Liaison Alyssa Barrera,discussed the following topics: for how much the property was being recommended to be sold; whether an executive session was needed; what the development plan is for the building once sold;rehabilitation of the building; and introduction and a thank you to the developers, William Hoover and David Nuss. Minutes—CCHFC December 19, 2017—Page 2 Board Member Rubio made a motion to approve the Resolution,seconded by Board Member Molina, and passed unanimously. There being no further business to come before the Corporation,President Garza adjourned the meeting at 4:00 p.m. CORPUS CHRISTI HOUSING FINANCE CORPORATION COMPARATIVE BALANCE SHEET June 30,2018 June 30 FY 2018 2017 Assets Cash, cash equivalents &investments $ 218,060 $ 204,615 Receivables Accounts 334,152 334,152 Total assets $ 552,212 $ 538,767 Liabilities Unearned revenue $ 334,152 $ 334,152 Fund Balance Restricted 218,060 204,615 Total liabilities and fund balances $ 552,212 $ 538,767 CORPUS CHRISTI HOUSING FINANCE CORPORATION STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE FOR THE NINE MONTHS ENDED JUNE 30,2018 June 30 FY 2018 2017 Revenues Charges for services $ 14,051 $ 78,483 Earnings on investments 259 106 Total revenues 14,309 78,589 Expenditures Current Community Development 865 1,304 Excess (deficiency) of revenues over (under) expenditures 13,445 77,285 Fund balance at beginning of year 204,615 127,330 Fund balance at end of year $ 218,060 $ 204,615 SO-2-3 COMMERCIAL CONTRACT—IMPROVED PROPERTY 1. PARTIES: Seller agrees to sell and convey Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the Sales Price stated in Paragraph 3. The parties to this Contract are: Seller: Corpus Christi Housing Finance Corporation Address: 1201 Leopard Street, Corpus Christi,Texas 78401 Phone: 361-826-3898 Fax: Buyer: David Nuss and William Hoover, on behalf of an entity to be formed Address: 3636 S.Alameda, Ste B, Corpus Christi,Texas 78411 Phone: 210-771-8194 Fax: 2. PROPERTY: A. The property sold by this contract is called the "Property." The Property is that real property situated in Nueces County, Texas, at 540 Chaparral Street, Corpus Christi, Texas (address) that is legally described on the attached Exhibit A or as follows: Lots One (1), Two (2), Three (3), and Four(4), Block Eleven (11), of BEACH PORTION, a subdivision in the City of Corpus Christi, Texas, according to the map or plat thereof recorded in Volume A, Pages 2 and 3, of the Map Records of Nueces County,Texas. B. The Property is sold together with: (1) all buildings, improvements,and fixtures; (2) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights- of-way; (3) Seller's interest in all leases, rents, and security deposits for all or part of the Property; (4) Seller's interest in all licenses and permits related to the Property; (5) Seller's interest in all third party warranties or guaranties, if transferable, relating to the Property or any fixtures; (6) Seller's interest in any trade names, if transferable, used in connection with the Property; and (7) the following personal property: None (Describe any exceptions, reservations, or restriction in Paragraph 11 or an addendum) 3. SALES PRICE: At or before Closing,Buyer will pay the following Sales Price for the Property: A. Cash portion payable by Buyer at Closing(including earnest money).............$ 150,000:00 B. Sum of all financing described in Paragraph 4 .................................................$ 0*00 C. Sales Price(Sum of A and B)............................................................................$ 150,00000 4. FINANCING: Buyer will finance the portion of the Sales Price under Paragraph 3B as follows: 20118 JR41 1'-1 PV"0.-50 Initialed for Identification by Buyer_Seller Page I of 13 ❑ A. THIRD PARTY FINANCING: One or more third party loans in the total amount of$ as provided in the attached Addendum. 0 B. ASSUMPTION: Buyer shall assume the unpaid principal balance of a promissory note in accordance with the attached Addendum, which unpaid balance at Closing will be 0 C. SELLER FINANCING: The delivery of a promissory note and deed of trust from Buyer to Seller under the terms of the attached Addendum in the amount of$ 5. EARNEST MONEY: Not later than three days after the Effective Date of this Contract, Buyer shall deposit the sum of$1,000 as Earnest Money with San Jacinto Title at 520 Lawrence Street, Corpus Christi, Texas 78401 (address), as Escrow Agent. The Earnest Money shall be placed in an interest-bearing account by the Escrow Agent upon the written request of Buyer, and any interest thereon shall be part of the Earnest Money. If Buyer fails to deposit the Earnest Money as required by this Contract, Buyer shall be in default. 6. TITLE POLICY, SURVEY AND UCC SEARCH: A. Title Policy: Seller shall furnish to Buyer at Fx1 Seller's expense D Buyer's expense an Owner's Policy of Title Insurance (the "Title Policy") issued by San Jacinto Title (the "Title Company") in the amount of the Sales Price and dated at or after Closing, insuring Buyer's fee simple title to the Property to be good and indefeasible subject only to those title exceptions permitted herein, or as may be approved by Buyer in writing, and the standard printed exceptions contained in the usual form of the Title Policy;provided, however: (1) the exception as to the area and boundaries shall nx not be deleted 0 be deleted except for "any shortages in area"; and if deleted the cost of such deletion shall be an expense of Buyer; (2) the exception as to restrictive covenants shall be endorsed "None of Record", except as identified herein; (3) the exception as to taxes shall be limited to taxes for the current year not yet due and payable and subsequent years, and subsequent assessments for prior years due to changes in land usage or ownership. Seller shall deliver to Buyer within ten (10) days after the Effective Date of this Contract a Commitment for Title Insurance (the Commitment) and legible copies of all recorded instruments affecting the Property and recited as exceptions in the Commitment. B. Survey: (1) Within 15 days after the Effective Date: El (a) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. El (b) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the Effective Date. 9 (c) Seller will deliver a true and correct copy of Seller's existing survey of the Property. Initialed for Identification by Buyer_Seller Page 2 of 13 (2) The survey required under Paragraph 6B(1) must be made by a Registered Professional Land Surveyor acceptable to the Title Company. The survey must: (a) identify the Property by metes and bounds or platted lot description; (b) show that the survey was made and staked on the ground with comers permanently marked; (c) set forth the dimensions and total area of the Property; (d) show the location of all improvements, highways, streets, roads, railroads, rivers, creeks or other waterways, fences, easements, and rights-of-way on the Property with all easements and rights-of-way referenced to their recording information; (e) show any discrepancies or conflicts in boundaries, any visible encroachments, and any portion of the Property lying in a special flood hazard area (an "A" or "V" zone as shown on the current Federal Emergency Management Agency (FEMA) flood insurance rate map); and (f) contain the surveyor's certificate that the survey is true and correct. C. UCC Search: ❑ (1) Within 15 days after the Effective Date, Seller, at Seller's expense, will furnish Buyer a Uniform Commercial Code (UCC) search prepared by a reporting service and dated after the Effective Date. The search must identify documents that are on file with the Texas Secretary of State and the county where the Property is located that relate to all personal property on the Property and show, as debtor, Seller and all other owners of the personal property in the last 5 years. N (2) Buyer does not require Seller to furnish a UCC search. D. Buyer's Objections to the Commitment, Survey and UCC Search: (1) Within 15 days after Buyer receives the Commitment, copies of the documents evidencing the title exceptions, any required survey, and any required UCC search, Buyer may object in writing to matters disclosed in the items if (a) the matters disclosed constitute a defect or encumbrance to title other than those permitted by this Contract or liens that Seller will satisfy at Closing or Buyer will assume at Closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or"V"zone as defined by FEMA); (2) Seller may, but is not obligated to, cure Buyer's timely objections within 20 days after Seller receives the objections. The Closing Date will be extended as necessary to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this Contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the Earnest Money, less any independent consideration under paragraph 7B(3)(a),will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6D is a waiver of Buyer's right to object, except that Buyer shall not be deemed to waive the requirements in Schedule C of the Commitment. Initialed for Identification by Buyer_Seller Page 3 of 13 A--\ 7. PROPERTY CONDITION/FEASIBILITY STUDIES: N A. PRESENT CONDITION: Z (1) Buyer accepts the Property in its present "as-is" condition. ❑ (2) Buyer accepts the Property in its present condition provided that Seller, at Seller's expense, shall complete the following repairs prior to Closing: Buyer shall pay for any other repairs required by a lender. nx B. INSPECTIONS AND FEASIBILITY STUDIES: (1) Delivery of Property Information: Within 10 days after the Effective Date of this Contract, Seller shall deliver to Buyer the following items: (a) a euffent r-ent foil of all leases aff-eetin th repe.A.- Wied by Seller-as tfue and eor-reet; (b) copies of all current leases pertaining to the Property, including any modifications, supplements,or amendments to the leases; (e) a eurfent if",entef:5,of all tangible personal prepet4y eA%ed by Seller-that is lee on, attaelied to, and used in eenneetion with the Wepefty's epemtiens; (d) eepies ef all notes and deeds ef tfust against the Pfepefl_�),that Buyef will assufne e that Seller-will net pay in full an or-b-"--- (e) eepies ef all ettfr-ent 4enanee, nent agfeements relating the owner-ship and operation of-die Prepert-yi. (f) eepies ef all eurfent waffanties and guafanties felating to all er- pat4 ef the pfepeftyit (g) eepies ef fire, hazar-d, liability, and other- lieies theA eurrently r-elate +t-D--+­ JI leasing or-ep—­_ _gr-eerflents that euffently r-elate to all er paFt of Pr-eper�y; (i) a eopy of the"as built"plans and speeifleations of theT+epeft-3,-, eepies of all inveiees fer-utilities and . . . :ed by Seller for-the Prepefty4n the 24 Months iffi—Aiately pr-eeeding die EMetive Date; ,k) a eepy of Seller's ineerae and expense statement fer the Property to (1) copies of all previous environmental assessments, studies, or analyses made on or relating to the Property; (m)real and personal pfoperty tax statements for- the Prepefty fef the pfevie ealendar-years; and (n) (2) Inspections, Studies, or Assessments: (a) Within 180 days after the Effective Date (the "Feasibility Period"), Buyer, at Buyer's expense, may complete or cause to be completed inspections, studies, or assessments of the Property. Inspections, studies, or assessments may include, but are not limited to: Initiated for Identification by Buyer_Seller Page 4 of 13 (i) physical property inspections; (ii) economic feasibility studies; (iii) environmental assessments;and (iv) engineering studies. (b) Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (c) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this Paragraph. This Paragraph survives termination of this Contract. (3) Feasibility Period and Right to Terminate: Buyer may terminate this Contract for any reason within 180 days after the Effective Date by providing Seller with written notice of termination. If Buyer does not terminate within the time required, Buyer accepts the Property in its present "as is" condition with any repairs Seller is obligated to complete under this Contract. (Check only one box). N (a) If Buyer terminates under this Paragraph 7B(3), the Earnest Money will be refunded to Buyer less $100.00 that Seller will retain as independent consideration for Buyer's right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the full amount specified in Paragraph 5 to the Escrow Agent. The independent consideration is to be credited to the Sales Price only upon Closing of the sale. ❑ (b) Buyer has paid Seller$ as independent consideration for Buyer's right to terminate by tendering such amount directly to Seller or Seller's agent. If Buyer terminates under this Paragraph 7B(3), the Earnest Money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration ❑ will ❑ will not be credited to the Sales Price only upon Closing of the sale. (4) Return of Property Information: If this Contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (i) return to Seller all those items described in Paragraph 7B(1) that Seller delivered to Buyer and all copies that Buyer made of those items; and (ii) deliver copies of all inspection and assessment reports (excluding economic feasibility studies) related to the Property that Buyer completed or caused to be completed. This Paragraph 7B(4) survives termination of this Contract. Initialed for Identification by Buyer_Seller Page 5 of 13 qV # (5) Contracts Affecting Operations: After Buyer's right to terminate under 7B(3) expires, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's prior written approval. 8. BROKERS: (Ce Broker) represents Buyer and is a Go Broker herein. Seller agrees fl ; -0,4 of the total Sales Priee in County, Texas on the Closing Date of this sale, but not other-wise, w-hieh Eserew Age-A-slia 1 pay from Seller's tale lone half f eae, to Broker-and to Q) L2.-...Lo,•\ 9. CLOSING: A. The closing of the sale shall be on or before thirty (30) days after the Feasibility Period, or within seven (7) days after any title objections have been cured, whichever date is later (the "Closing Date") at the offices of the Title Company; however, if financing or assumption approval has been obtained pursuant to Paragraph 4, the Closing Date shall be extended up to 15 days only if necessary to comply with lender's closing instructions (for example, survey and closing documents). If either party fails to close this sale by the Closing Date, the non- defaulting party shall be entitled to exercise the remedies contained in Paragraph 15. B. At Closing Seller shall furnish, at Seller's expense (strike any not to be furnished): (1) tax statements showing no delinquent taxes on the Property; (2) a Special Warranty Deed conveying good and indefeasible title to the Property showing no additional exceptions to those permitted in Paragraph 6; (3) an assignment of all leases to or on the Property duly executed by Seller, if any; (4) to the extent assignable, an assignment duly executed by Seller of any licenses and permits, maintenance, management or other contracts, and any warranties or guaranties defined as part of the Property in Paragraph 2 or conveyed by this Contract; (5) evidence that the person executing this Contract is legally capable and authorized to bind Seller. C. At Closing Buyer shall: (1) pay the Sales Price in good funds acceptable to the Escrow Agent; (2) deliver evidence that the person executing this Contract is legally capable and authorized to bind Buyer; and (3) execute and deliver any notices, statements, certificates, or other documents required by this Contract or law necessary to close the sale. D. Unless the parties agree otherwise,the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 10. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this Contract, Initialed for Identification by Buyer Seller Page 6 of 13 ordinary wear and tear excepted. Until Closing, Seller will operate the Property in the same manner as on the Effective Date. Any possession by Buyer before Closing or by Seller after Closing that is not authorized by a separate written lease agreement is a landlord-tenant at sufferance relationship between the parties. 11. SPECIAL PROVISIONS: (Insert factual statements and business details applicable to this sale.) Attached hereto are the following Exhibits and Addenda which are a part hereof: A. Development of Property. Buyer agrees to redevelop the Property within two (2) years from the Closing Date to include collaborative space for entrepreneurs and small businesses, retail space, and apartments according to plans approved by Seller during the feasibility period. B. Deed Restriction for Parking. The Property is subject to a deed restriction requiring the maintenance of not less than thirty-six (36) covered parking spaces made available for monthly tenants only. C. As-Is Sale. The Property is being sold"AS IS"pursuant to the provisions attached as Exhibit A. D. Legal Representation. The parties acknowledge that John Bell and the law firm of Wood, Boykin & Wolter, P.C.represents the Seller in this transaction but has represented principals and entities associated with the Buyer in the past and in other matters. The parties agree that John Bell and said law firm solely represent the Seller in this transaction. The foregoing provisions shall survive the Closing Date. 12. SALES EXPENSES: A. SELLER'S EXPENSES: Prepayment penalties on any existing loans paid at Closing(provided that, Buyer agrees that Buyer shall be responsible for any prepayment penalties on any loan if Buyer elects to prepay such loan), plus cost of releasing liens and recording releases; tax statements; 1/2 of any escrow fee; preparation of deed; preparation and recording of any deed of trust to secure assumption; other expenses stipulated to be paid by Seller under other provisions of this Contract. B. BUYER'S EXPENSES: Application, origination, processing, commitment and loan discount fees; private mortgage insurance premiums and any loan assumption or transfer fees; expenses incident to new loan(s) (e.g., preparation of any note, deed of trust and other loan documents, survey [unless stipulated to be paid by Seller in Paragraph 6], recording fees, copies of restrictions and easements, Mortgagee Title Policies, credit reports, photos); 1/2 of any escrow fee; any required reserve deposits for ad valorem taxes and assessments; any prepaid interest required by lenders to be paid at Closing; expenses stipulated to be paid by Buyer under other provisions of this Contract. C. If any sales expense exceeds the amount stated in this Contract to be paid by either party, either party may terminate this Contract unless either party agrees to pay such excess. Initialed for Identification by Buyer_Seller Page 7 of 13 1i 13. PRORATIONS,ROLLBACK TAXES,RENT AND DEPOSITS: A. Prorations: Interest on any assumed (or subject to) note, assessments, current taxes, and any rents and maintenance fees shall be prorated through the date of Closing. If ad valorem taxes for the year in which the sale is closed are not available on the Closing Date, proration of taxes shall be made on the basis of taxes assessed for the previous year, and any necessary cash adjustment of such proration shall be made between Seller and Buyer after Closing when actual tax amounts are available. If Buyer is assuming payment of, or taking subject to, any existing loan on the Property, all reserve deposits for the payment of taxes or other charges shall be transferred to Buyer by Seller and Buyer shall pay to Seller the amount of such reserve deposits. B. Prollbaek Twigs: if Seller- ehanges the - e of the Pr-opet4y befe� Closing or- if a denial of-a speeial valuation on the Pmpefty elaimed by Seller-results in the assessment of additional taxes, penalties, or interest (assessiments) for peFieds before Closing, the assessffiefits will be the obligation of the Seller. if this sale or- Buyer's use of the Propefty after- Closing results in additional assessments for- periods be-"--- 01-1: .—n-g, the assessments will - the obligation o Buyef. This Pafagr-aph 13B survives Closing. G. Estevoel Geffifieates- (1) Within _ days after the Effeetive Date, Seller will delivef to Buyer estoppel eertifieates signed not earlier-than by eaeh tenant t.h--+.lea-ses spaee in the Propert ,. (2) The estoppel eet4ifieates must..tato: (a) that no default exists tmder- the lease by the landlord er- tenant as of the date estoppel eeftifleate is signed; (b) the ametint of the seheduled rents to be paid thfough the end of the lease and-eff rental payments that have been paid in advaneem,!- (e) the amount of any seeufity depos-W, (d) the amount of any of&ets tenant is entitle against rent; (e) the expiration date of the lease; (f) a desefiption of any r-enewal options; and (g) D. Rent and Security Deposits: At Closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after Closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 13D survives Closing. 14. CASUALTY LOSS AND CONDEMNATION: A. If any part of the Property is damaged or destroyed by fire or other casualty after the Effective Date, Seller must restore the Property to its previous condition as soon as reasonably possible and not later than the Closing Date. If,without fault, Seller is unable to do so,Buyer may: (1) terminate this contract and the earnest money, less the independent consideration paid for Buyer's right to terminate under Paragraph 7B(3),will be refunded to Buyer; Initialed for Identification by Buyer_Seller Page 8 of 13 �w� (2) extend the time for performance up to 15 days and the Closing Date will be extended as necessary; or (3) accept the Property in its damaged condition and accept an assignment of any insurance proceeds Seller is entitled to receive. B. If any part of the Property is condemned prior to the Closing Date, Seller shall promptly give Buyer written notice of such condemnation and Buyer shall have the option of either applying the proceeds of any condemnation award to reduce the Sales Price provided herein or declare this Contract terminated by delivering written notice of termination to Seller, and the Earnest Money shall be refunded to Buyer with no Broker's fee due. 15. DEFAULT: A. If Buyer fails to comply herewith, Buyer shall be in default, and Seller may (1) enforce specific performance or (2) terminate this Contract and receive the Earnest Money as liquidated damages,thereby releasing Buyer from this Contract. B. If Seller is unable without fault, within the time herein required, to (1) deliver the Commitment or (2) deliver the Complete Abstract, Buyer may either terminate this Contract and receive the Earnest Money as the sole remedy or extend the time for performance up to fifteen (15) days and the Closing Date shall be extended as necessary. C. If Seller fails to comply herewith for any other reason, Seller shall be in default, and Buyer may (1) enforce specific performance or (2) terminate this Contract and receive the Earnest Money, thereby releasing Seller from this Contract. D. Seller's failure to satisfy Buyer's objections under Paragraph 6 shall not constitute a default by Seller. 16. ATTORNEY'S FEES: If Buyer, Seller, any Broker, or Escrow Agent is a prevailing party in any legal proceeding brought under or with relation to this Contract or transaction, such party shall be additionally entitled to recover court costs, reasonable attorney's fees, and all other litigation expenses from the non-prevailing parties. 17. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent is not (a) a party to this Contract and does not assume or have any liability for the performance or non-performance of any party to this Contract, (b) liable for interest on the funds held unless required in Paragraph 5 and (c) liable for any loss of escrow funds caused by the failure of any banking institution in which such funds have been deposited unless such banking institution is acting as Escrow Agent. If both parties make demand for the payment of the Earnest Money, Escrow Agent has the right to require from all parties and brokers a written release of liability of Escrow Agent which authorizes the disbursement of the Earnest Money. If only one party makes demand for payment of the Earnest Money, Escrow Agent shall give notice to the other party of such demand. Escrow Agent is authorized and directed to honor such demand unless the other party objects to Escrow Agent in writing within thirty (30) days after Escrow Agent's notice to that party. At Closing, the Earnest Money shall be applied first to any cash down payment, then to Buyer's closing costs and any excess refunded to Buyer. Any refund or payment of the Earnest Money under this Contract shall be reduced by the amount of any actual expenses incurred on behalf of the Initiated for Identification by Buyer_Seller Page 9o V4r parry receiving the Earnest Money, and Escrow Agent shall pay the same to the creditors entitled. thereto. 18. MATERIAL FACTS: A. To the best of Seller's kneWleA_ A -B (1) Seller- is not aware of any material defeets to the Prepefty erme-ep.1 --- 4--ted in the attaehed D-----,Condition Statement. -D (2) Seller is not aware of any of the following, except as desefibed other-wise in this Gentraet: • (a) any subsuffaee 3 y PropertJ-, Property;(e) any envirenmental hazards or-eendifiens that aff-eet the (d) whether- the Pr-opefty is or-has ever- been used for-the ster-age or- disposal of hazardous mater-ials of to-xie waste, a dump site or- landfill, of any under-gr-etmd tanks e eenta'inefs. (e) whether-r-aden, asbestos insulation or-fireproofing, ur-ea foFmaldehyde foam , lead based paint, tercie meld (te the extent that it advefsely affeets the health e ordinaFy , igta.lever-existed , , +l,a Aw,raEart.,• , ( � wetlands, , , i'.tf'd B. Each written lease Seller is to furnish to Buyer under this Contract must be full force and effect according to its terms without amendment or modification that is not disclosed to Buyer in writing. Seller must disclose, in writing,to Buyer if any of the following exist at the time Seller provides the leases to Buyer or subsequently occur before Closing: (1) any modifications, amendments,or default by landlord or tenant under the Ieases; (2) any failure by Seller to comply with Seller's obligations under the leases; (3) any circumstances under the leases that entitle a tenant to terminate the lease or seek any offsets or damages; (4) any non-occupancy of the leased premises by a tenant; (S) any advance sums paid by a tenant under the lease; (6) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (7) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s)assumed or taken subject to under this Contract. 19. NOTICES: All notices between the parties under this Contract must be in writing and are effective when hand-delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties' addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. 20. FEDERAL TAX REQUIREA4ENT: If Seller is a "foreign person", as defined by applicable law, or if Seller fails to deliver an affidavit that he is not a "foreign person", then Buyer or Escrow Agent, on instruction from Buyer, shall withhold from the sales proceeds an amount sufficient to Initialed for Identification by Buyer Seller Page 10 of 13 comply with applicable tax law and deliver the same to the Internal Revenue Service, together with appropriate tax forms. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this Contract that may arise. If the dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation and a mutually acceptable mediator shall be chosen by the parties to the dispute who shall share the cost of mediation services equally. 22. AGREEMENT OF PARTIES: This Contract shall be binding on the parties, their heirs, executors, representatives, successors, and assigns. This Contract shall be construed under and in accordance with laws of the State of Texas. This Contract contains the entire agreement of the parties and cannot be changed except by written agreement. If this Contract is executed in a number of identical counterparts, each counterpart is deemed an original and all counterparts shall, collectively, constitute one agreement. Addenda which are part of this Contract are: ❑ (1) Property Description Exhibit identified in Paragraph 2; ❑ (2) Financing Addendum; ❑ (3) Commercial Property Condition Statement; ❑ (4) Notice to Purchaser of Real Property in a Water District(MUD); ❑ (5) Addendum for Coastal Area Property; ❑ (6) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway; ❑ (7) Addendum for Unimproved Property in a Certificated Service Area of a Utility Service Provider; and Fx-1 (8) AS IS Clause 23. TIME: Time is of the essence in this Contract and strict compliance with the times for performance is required. 24. EFFECTIVE DATE: The Effective Date of this Contract for the purpose of performance of all obligations is the date the Escrow Agent receipts this Contract after all parties execute this Contract. 24. ASSIGNMENT: ❑ A. Buyer may not assign this Contract. nx B. Buyer may assign this Contract to an entity controlled by Buyer, and upon such assumption in writing of all obligations and liabilities of Buyer under this Contract, Buyer shall be relieved of all liability hereunder. 25. MISCELLANEOUS: A. Buyer should have an Abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49 of the Texas Water Code requires Seller to deliver and the Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness,or standby fee of the district prior to final execution of this Contract. C. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the State, Section 33.135 of the Texas Natural Resources Code, requires a notice regarding coastal area property to be included in this Contract. Initialed for Identification by Buyer_Seller Page I I of 13 11A— D. Buyer should not rely upon any oral representations about the Property from any source. E. Brokers are not qualified to render property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to render such services. Selection of inspectors and repairmen is the responsibility of the Buyer and not the Broker. 26. TEXAS LAW TO APPLY: This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in the county in which the Property is located. 27. CONSULT YOUR ATTORNEY: The Broker cannot give you legal advice. This is intended to be a legally binding contract. READ IT CAREFULLY. NO REPRESENTATION OR RECOMMENDATION IS MADE BY BROKER OR ITS AGENTS OR ITS EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS DOCUMENT OR TRANSACTION. If you do not understand the effect of any part of this Contract, consult your attorney BEFORE signing. Buyer's Seller's Attorney: Attorney: John D. Bell N Seller:,Corpus Christi Housing Finance Buyer: Corporation Name: DAidNuss 1112 By: lkJ�aQ-7\- By: Name: William Hoover Name: Rudy Garza Title: President ESCROW RECEIPT Escrow Agent acknowledges receipt of this Contract and Earnest Money on I – `&O– it —(Effective Date). Escrow Agent: San Jacinto Title Services of Texas, LLC ga By: iE, T 41t, CITY GEC F1L-"­-AH FA2705\38 Ward Bldg\]7 Contract for Purchase 1127.doex Page 12 of 13 O/V' EXHIBIT A AS IS CLAUSE By acceptance and recording hereof BUYER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO: (1)the nature, quality or condition of the property, including without limitation,the water, soil and geology; (ii) the income to be derived from the property; (iii)the suitability of the property for any and all activities and uses which Buyer may conduct thereon; (iv) the compliance of or by the property or its operation with any laws, rules, ordinances or regulations, of any applicable governmental authority or body; (v) the habitability, merchantability or fitness for a particular purpose of the property. BUYER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE NOR GIVEN ANY REPRESENTATIONS REGARDING: (i) solid waste, as defined by the Texas Solid Waste Disposal Act and the regulations adopted thereunder; (ii) the disposal of or existence of in or on the property, of any hazardous substance. Hazardous substance shall mean any substance which (at any time) shall be listed as "hazardous" or "toxic" in the regulations implementing the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601 et seq.,the Resource Conservation and Recovery Act("RCRA"),42 U.S.C.6901 et seq., or which has been or shall be determined at any time by any agency or court to be a hazardous or toxic substance regulated under Applicable Law. The term "Hazardous Substance" shall also include, without limitation,raw materials,building components, the products of any manufacturing or other activities on the subject property, wastes, petroleum, and source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954,as amended(42 U.S.C. 3011,et seq.,as amended). Buyer further acknowledges and agrees that Buyer or Buyees agents have inspected the property and is relying solely on Buyer or Buyer's agents investigation of the property by Buyer or Buyer's agents and not on any information provided or to be provided by Seller. Buyer acknowledges and agrees that any information provided or to be provided with respect to the property was obtained from a variety of sources and that Seller has not made any independent investigation or verification of such information and makes no representations as to the accuracy or completeness of such information. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN"AS IS,WHERE IS"CONDITION AND BASIS WITH ALL FAULTS. FA2705\38 Ward Bidg\17 Contract for Purchase 1127.doex Page 13 of 13 Z�A/ V)— _,,00 CONTP2ACT AND VARN PST MONEY RECEXPT Receipt of (26ntract and 0$ Earnest Money in the form of is acknowledged. Escrow Agent; Date. By: r Tele hones Address Facsimile-. ( ) city State Zip THE CLOWER CO. Realtors I Developers I Management Commercial • Industrial • Retail 415 STARR ST. P.O. BOX 2525 CORPUS CHRISTI, TEXAS 78403 361.880.4111 c. 361.880.4118 f. August 16th, 2018 Mr. Rudy Bentancourt, MPA, CPM Director, Housing& Community Development City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 RE: Agenda Memorandum— Ward Building Mr. Bentancourt: Thank you for the meeting yesterday with Tim Clower concerning the amendments that were made to the purchase offer that The Clower Company submitted to the City of Corpus Christi for the Ward Building. Again, the changes that were made to the purchase offer are as followed: 1.) Page 4 - Item 7B. Feasibili . Period: Changed from forty-five (45) days to twenty-one (21) days; 2.) Page 7 — 10A. Closing: Changed from forty-five (45) days to fifteen (15) days; 3.) Page 8 — 12. Special Provisions: No later than one hundred and eighty (180) days after the Closing Date, Buyer shall commence demolition of the existing Ward building, not including the existing parking lot. If demolition has not commenced prior to the one hundred and eighty (180) days after Closing, then Seller may purchase the property back from Buyer for$185,000.00. The present agenda memorandum currently has the original Feasibility and Closing dates of forty-five (45) days and does not show the amended dates. Tim Clower did met with John Bell on Tuesday the 14th of August and provided him with the amended contract pages with the revised dates. I have attached the revised pages to this letter. 1IPage If you have any questions or comments, please feel free to contact me at your earliest convenience. Sincerel you s, e ge B. er cc: Corpus Christi Housing Finance Corporation Board of Directors Rudy Garza,President Michael T.Hunter,Vice President Lucy Rubio Paulette Guajardo Debbie Lindsey-Opel Joe A.McComb Ben Molina Everett Roy Greg Smith John Bell Leticia Kanmore 2Page Commercial Contract- Improved Property concerning' 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present c ndition except that Seller, at Seller's expense, will complete the following before closing: B. Feasibility Period. Buyer may terminate this contract for any reason within days after the effective date (feasibility period) by providing Seller written notice of terminati n. Check only one box.) ❑ (1) If Bu r terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less that Seller will retain as independent consideration for Buyer's unrestricted right to terming Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B 1 or if Buyer fails to deposit the earnest money, Buyer will not have the right to terminate under this Para rah 7B. 0 (2) Not later than 3 days after the effective date, Buyer must pay Seller $ as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent. If Buyer terminates under this Paragraph 713, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Para rah 7B(2) or if Buyer fails to Day the independent consideration Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections. Studies. or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Seller, at Seller's expense, will turn on all utilities necessary for Buyer to make inspections, studies, or assessments,** IF 41 t-► Pre-se4kk-l-y aLS , totUe-, yr._ (3) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property, (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (4) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph, This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within 0 days after the effective date, Seller will deliver to Buyer: (Check all that apply.) (TAR-1801) 4-1-14 Initialed for Identification by Seller and Buyer Y Page 4 of 14 :omputer generated using AutoConlrsetT'^v6.02 software,from AutoRealty,LLC,1060 W.Plpe9ine,Suke 401,Hurst,7X 76053,(900)322-1176 GAUsersMm ClowerSMusiclDocUmenlsL4GWinlUntilled chis anstatiation otAutaContract—is Ifcensed for use to:Betty Gaston or Gaston Properties,and Is not Iransferahle. Uee by others is a violation of federal copyright law under Tille 17 U.S.C. 101. � printed 06-15-201e IN*Commercial Contract- Improved Property concerning )ani NOTICE. Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. 1 10. CLOSING: A. The date o sing of the safe (closing date) will be on or before the later of: (1} da after the expiration of the feasibility period. ❑ {specific date). (2) 7 days after obfections made under Paragraph 6D have been cured or waived. B. If either party fails to close by the closing date, the non-defaulting party may exercise the remedies in Paragraph 15. I C. At closing, Seller will execute and deliver to Buyer, at Seller's expense, a ❑ generalspecial warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or Uniform Commercial Code or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer; (1) tax statements showing no delinquent taxes on the Property; (2) a bill of sale with warranties to title conveying title, free and clear of all liens, to any personal property defined as part of the Property in Paragraph 2 or sold under this contract; (3) an assignment of all leases to or on the Property; (4) to the extent that the following items are assignable, an assignment to Buyer of the following items as they relate to the Property or its operations: (a) licenses and permits; (b) maintenance, management, and other contracts; and (c) warranties and guaranties; (5) a rent roll current on the day of the closing certified by Seller as true and correct; (6) evidence that the person executing this contract is legally capable and authorized to bind Seller; (7) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service together with appropriate tax forms; and (S) any notices, statements, certificates, affidavits, reloases, and other documents required by this Contract, the commitment, or law necessary for the olosing of the sale and the issuance of the title policy, all of which must be completed and executed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposits and (b) specifies the exact dollar amount of the security deposit; (TAR-1801)4-1-14 Initialed for Identification b Seller Y and Buyer Page 7 of 14 Computer generated using AutoConlradTM vS.02 software,from Auto tWy,LLC,1080 W.Pipelina,Suite 101,Hurst,TX 76063,(B00)322.1178 CAUsemkTim CfawerWusicU]ocumems4ACWin4Untilled This installation ofAutocontrantT is I'icensed for use to:Belly Gaston of Gastor Properties,and is not transfar6e. Use by others is a violation of federal copyright law under Title 17 U.S.C.§101. printed 06-15-2018 Comrnerciai Contract- Improved Property cOncerning (4) sign an dssuMption Of all leases then in effect` an (5) eXecute and deliver an d y notices, statements, Certificates, or other documents requfr®a b this Contract law necessary to close the sale. Y F, UnleSS the parties agree otherwise, the closing documents will be as found i n the basic in current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. the 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord-tenant at sufferance relationship between the parties. 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) ®r 4 pc lI (V JJ c Y`C +C ci, VT_�, 416 13. SALES EXPENSES: GSL` L = VC, � ':��: � - � iv 1� A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed and any bill of sale; (5) one-half of any escrow fee, (6) costs to record any documents to cure title objections that Seller must cure; and (7) otrier expenses that Seller will pay cinder other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation fees of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood and hazard insurance as maybe required by Buyer's lender; (5) one-half of any escrow fee; and (s) other expenses that Buyer will pay under other provisions of this contract. (TAR-1801) 4-1-14 Initialed for Identification by Seller and Bu er ' y rage 8 of 14 puler enerated using ract­ is inslalfalion of AuloCti trrPa-istl cons dBfor.o loo:lY G slon of Glaat nProperties, ndlis pal transferable. Use by a hert.TX 76053,s8P0)322-1178 32 {00 of federal copyright law under Title 17 U.S.G.§107. c:tlfserslTim ClourerWuaieif)oeumeprinted 0 nla-tilled printed 06-la-2018 200 Concord Plaza Drive, Scute 900 Nn San Antonio, TY 78216 1N- Phone: 210.487.7878 Fax: 21.0.487.7880 August 1,2018 Keith Selman General Manager Corpus Christi Housing Finance Corporation 1201 Leopard Street Corpus Christi,Texas 78401 I RE: POTENTIAL 2018 Partnerships Dear John: The NRP Group is appreciative of the opportunity to submit a proposal asking for the Corpus Christi Housing Finance Corporation's (CCHFC) participation as a partner for three possible multifamily developments in the City of Corpus Christi to provide affordable residential units: Rodd Field, Saratoga Boulevard and Greenwood & Gollihar. The proposed structure is similar to what NRP and CCHFC did in 2005 and 2010 for the Costa Tarragona properties. Included in this packet are three site locations and aerial maps showcasing the locations and area amenities. We hope to be able to finalize arrangements for all or possibly two of these site locations. A proforma for Rodd Field Apartments outlining the sources and uses and a proposed term sheet is also included, but the Greenwood/Gollihar and the Saratoga developments would be comparable. The NRP Group will submit a full application to CCHFC in August for an inducement of tax-exempt bonds, along with an application to the Texas Bond Review Board. We are excited to work with CCHFC again to bring additional quality affordable housing to the City of Corpus. Should you have any questions or need any additional information, please feel free to contact me at(210) 487-7878 extension 2106. Sincerely, Lx7 Debra A. Guerrero The NRP Group LLC cc: John Bell,Counsel www.nrpgroup.com the NRP gFOUP LLC the NRP Group, LLC. POTENTIAL SITE LOCATIONS CORPUS CHRISTI , TEXAS 2018 46 THE CLO'WER CO. Brokerage - Development • Management Z ROM FIELD ROAD 9 Address: 2125 Rodd Field Road,Corpus Christi,Texas Land Size: 19.31 Acres or 841,013±ft2 Legal: Flour Bluff&Encinal Farm &Garden Tract 19.307 acres out of S 1/2 of Lots 7&8,Section 19 NCAD Tax ID: 2476-0019-0080 Dimensions: 600'x 1,250' Platted: No Utilities: Yes-All available Zoning: CG-2(General Commercial District)&ON (Office District) Sales Price: $4.00 per ft2 or$3,364,051.00 Census Tract: 32.04 DDA or QCT: Yes-SADDA NOTE: Owner will consider subdividing the property. Ilk a; pp 13'R' ee y' W /yam i 3`�ID�w' i��� w..^�•''a.... I..n, �"°'"°�"m�,..®. �ii @ I { 9 of 9i jna r e e _uo ma .uv 23.04 - \ 33.93 27.03 34.02 27.04 54,05 33.04 32.03 4.97 54.08 - 32,02 54.11 32.02 Q 54.10 54.09 54.12 2 54.06 saute reKas e O 3a'd 5&Na 2 SARATOGA BOULEVARD g WM +� CHEMCHI_ r Address: 7001 Saratoga Blvd. Land Size: 13.9 Acres or 605,484±ft' Legal: Flour Bluff&Encinal Farm &Garden Tract 15.071 acres out of Lot 7,Section 20 NCAD Tax ID: 2476-0020-0070 Dimensions: 310 FF on Saratoga with 1,260'depth Platted: No Utilities: Yes-All available Zoning: CG-2(General Commercial District)&IL(Light Industrial District) Sales Price: $3.80 per ft'or$2,300,000.00 Census Tract: 54.04 DDA or QCT: Yes-SADDA NOTE: A portion of the property will need to be rezoned to allow for apartments. r ' Ala r TM (4.41 ACRES) O LU _- LOT 2 (� 10.05 ACRES LOT 1 2.03 ACRES -- - - ir 23.94 3 27.03 3.03 V or 34-02 27.04 54.06 33-04 32.03 4.07 54.08 54.11 32.02 32,02 50..10 54.09 54.12 54.06 South texas B ® Gartlens&Na 31.1 41 4[ t 3 GREENWOOD&G,OLLIHAR s. Address: Greenwood&Gollihar Land Size: 29.6223 Acres or 1,290,3471 Legal: Paisley Hoffman 29.6223 Acres out of Lot 12,Section D. NCAD Tax ID: 6270-0005-0110 Dimensions: 1,130 FF on Greenwood and 1,030 FF on Gollihar Rd. Platted: No Utilities: Yes-All available Zoning: RS-6(Single Family Dwellings) Sales Price: $3.56 per ft'or$4,589,547.00 Census Tract: 18.01 DDA or QCT: Yes-QCT NOTE: This property will have to be platted and rezoned to allow for apartment use. The Owner will consider subdividing the property. Rollback taxes may apply. LU NONE Ln Map smallil, _ Lozano COIF Center 0 a �a c Q wrn an 20..!_ 2125 Rodd Field Rd . AERIAL Corpus Christi, Nueces County, Texas � �� ,�n Lowe's r �� y — i _ Q CL Holly Rd. stripes 7 tip 1.a..L.a 5`uf R •w .. � [ 1 1 �-p SITE k - 1 M I LE .Appletree Academy „ ooldridge i� t ,2, i� stripes: QR11 r oAft s aw v `� r �,• . � � ice_ - � - S Dole Gwale L•' For Further Information Contact GEORGE B. CLOWER ::• .4111 THE CLOWER CO. 361 .688.9542 Greenwood & Gollihar Rd . AERIAL Corpus Christi, Nueces County, Texas tal MT 4 ` 1 •A�Oflr � � SITE 1 MILE i'�'� �1� "' ,Cg1(;A�` . � •.�t'�' � pro . n,l ,., NaWArmy •lam- � .1 stripes Googleearth : i L' GEORGEFor Further Information Contact ::• .4111 THE CLOWER CO. 361 .688.9542 7001 Saratoga Blvd . AERIAL Corpus Christi, Nueces County, Texas stripes r w -- `�` • Appletree Academy NavyArmy Saratoga 5 �d ► � 1 MILE . ar T PIK a For Further Information Contact A GEORGE B. CLOWER ::• .4111 THE CLOWER CO. 361 .688.9542 y jT ke - 111I 7, ®®SII"R 9ItiT FMo��unomm3nrui�w� �-��II m �ii APM fit® r IIS[!!fI p �e �m I■ fllm:} i��l IC IPI r A \ Costa Tarragona is Corpus Christi's neighborhood of choice. Offering inviting one, two and three-bedroom floor plans with sought-after amenities like island kitchens,built-in microwaves and washer/dryer connections.The open living spaces,natural light, and modern colors provide a cozy atmosphere. Activities and entertainment are also available without leaving home. There's an outdoor fireplace,a children s playscape,a picnic area with gas grills,a sparkling pool and more.Ideal for families with school-age children, both on-site scholastic tutoring and summer programs are available for first through fifth grade students. COSTA TARRAGONA 2240 North Padre Island Drive CCi�GZf�fi??G1 Corpus Christi,Texas O�—,tH.— - :r Developer. NRP Holdings LLC r r'nnl nn io�oaogn� nnn .m © I(�s 1 � Construction: NRP Contractors LLC " �x'�P ,! !"- r �, I Property _ F, Manager. NRP Management LLC Development Partners: Texas Department of Housing and Community Affairs(TDHCA),City of Corpus Christi,Corpus Christi Housing Finance Corporation, Centertine Capital Group,Leopard Street Corridor Association Year Built. 2006 Number of Units: 250 tax credit lo Unit Make-Up: 1,2&3-bedroom apartments •,. , Amenities. •Clubhouse with community room •Fitness center 79 •Business center with high speed `sr internet access •Playground and tot lot _. I •Children's activity room _ •Swimming pool with huge sun - deck •Picnic area with gas grills •Controlled access with gated entrance •Professional landscaping' •On-site laundry facility 4 . RODD FIELD APARTMENTS TERM SHEET Purpose To enter into a partnership with the Corpus Christi Housing Finance Corporation (CCHFQ to develop a 324-unit multifamily development. Co-Developer NRP Holdings, LLC ("Consultant"). Consultant will work with CCHFC to develop, construct, and manage the newly developed community. Ownership Structure Partnership is to-be-formed to own the Development ("Partnership"). Partners A single-purpose entity, CCHFC created/affiliated will be the sole general partner("General Partner"). The NRP Group will serve as a special limited partner("SLP") and may select an Equity Investor as limited partner ("Investor, LP") NRP Contractors will serve as the General Contractor and build the development. NRP Holdings will serve as the Co-Developer and Guarantor and receive 70% of the developer fee. Property 19.307+/- acres located at 2125 Rodd Field Road, Corpus Christi, TX 78414 Set Aside Units The residential community will include 324 mixed income units at fifty percent 50% and sixty percent 60% of the area medium income (AMI). Term 30 years Construction/Permanent Approximately $21,760,000+/- construction loan loan A roximatel $21,760,000 +/- permanent loan Tax Credit Equity $1,769,871 +/-tax credit equity $0.92 per credit Tax Credits $16,282,810 +/-in low income housing credits from Texas Department of Housing and Community Affairs "TDHCA" Guarantees The NRP Group as a Special Limited Partner(SLP)will provide any guarantees of construction, completion, operating expenses, tax credit delivery, etc. Developer Fee 30%to the CCHFC, 70% to NRP Group Partner Management Fee NRP Management LLC ("Manager")will manage the property pursuant to the terms of the agreed upon Management Agreement. The amount of the Management Fee payable to Manager shall be the greater of$40.00 per unit per month or six percent(6.00%) of effective gross income and paid as outlined in the Property Management Agreement, an additional Three Hundred Dollars ($300)per month administrative fee will be paid to Manager following project stabilization. Because the Project consists of new construction, prior to the receipt of a Certificate of Occupancy for the first residential building, the Manager will be compensated by monthly fees equal to Twenty Dollars ($20) per unit commencing with the first complete month after the first Community employee commences to work at the Project, provided such date is typical for when an employee would commence working at similar projects. Manager shall further be entitled to receive a Twenty-Five Thousand Dollars ($25,000)property set-up fee payable no later than the first(1st) anniversary of the start of construction. Funds capitalized in the rent-up reserve line item of the development budget that go unused for interest after completion and property expenses will be considered earned by Manager as an incentive lease-up fee. Accounting Keystone, an affiliate of NRP, shall provide accounting services (including but not limited to: (x)bookkeeping, monitoring reporting requirements and processing construction loan draws and change orders, and (y)preparation and/or coordination of, cost certification, carryover, 10%test, returns and the Partnership's outside accountants, to the Project until the later of: (i) conversion to the Permanent Loan; (ii)receipt of the final installment of the Equity Financing; and (iii)receipt of Form 8609. Keystone shall receive a fee from the Partnership of Two Hundred Dollars ($200) per unit for such services but in no event more than Forty Thousand Dollars ($40,000.00)in the aggregate. Priority Distributions 50% CCHFC and 50% SLP Net Cash Flow 50% CCHFC and NRP Group 50% After partnership is finalized,The NRP Group will work with the CCHFC to finalize a more detailed development schedule based on gap financing,issuance of bonds,tax credits,and permitting within the city. Proposed Timeline Description Dates CCHFC Co-Developer Approval September 2018 CCHFC Bond Inducement October 2018 Bond Review Board Reservation November 2018 Closing on Finance 3rd Quarter 2019 Construct Residential Housing 3rd Quarter 2019 Construction Completion 3rd Quarter 2021 V � . i 'Al i I f' Sources&Uses 7/30/2018 2:51 PM THE NRP GROUP LLC Project Statistics: Corpus Christi/NRP Development,Corpus Christi,TX Units 324 Scenario: 4%LIHTC Preliminary Proforma#1 5th Year Cash-Flow $ 255,556 GC/Unit w/o Contingency $ 92,500 Source Paid Dev Fees 1,547,727 Sources&Uses Market Rate 0 0.00% Construction Permanent Sources of Funds Construction: 6.25%interest only $ 23,000,000 51.98%depreciable basis plus land Permanent: 5.75%for 35 Years $ 21,760,000 Loan#2: 5.00%for 30 Years 10,160,000 - Loan#3:TDHCA-TCAP 0.00%for 30 Years - - Equity Pricing Tax Credit Equity-Federal 4,884,843 16,282,810 $ 0.92 *27.5 Year Depreciation Tax Credit Equity-State - - 7.56%Yield Tax Rate Income during Construction Period - - 21.00%Tax Rate Soft Loan#1: Source 1.00%for 30 years 7,560,000 8,400,000 Soft Loan#2: Source 1.00%for 30 years - - Soft Loan#3: Source 0.00%for 30 years GIC Interest - Deferred Development Fee - 3,916,273 45,604,843 50,359,083 Uses of Funds Acquisition Costs 2,700,000 2,700,000 Construction Contingency 1,314,474 1,314,474 Construction Costs 29,970,000 29,970,000 Architect/Engineering 1,450,000 1,450,000 Permits&Fees 1,100,000 1,100,000 Title&Survey 340,000 340,000 Construction Period Expenses 300,000 300,000 Financing Costs 5,141,757 5,156,757 Professional Services 366,500 421,500 Tax Credit Fees 106,472 132,392 Development Fee 400,000 5,464,000 15.0% of Eligible Basis Reserves&Other 1,006,750 2,009,960 44,195,953 50,359,083 Prevailing Wage Required: Unknown Surplus(Deficit)Cash $ 1,408,890 $ - Sales Tax Exemption: Yes Construction Start Date: 7/1/2018 Source Paid Developer Fees $ 400,000 $ 1,547,727 28.3% Club House Delivery Date: 8/1/2019 15-Year Cash Flow after 1 st Mortgage DS 5,266,561 5,266,561 Construction Completion Date: 5/1/2020 Deferred Developer/GC Fee - 3,916,273 71.7% Stabilization/Perm Conversion: 7/1/2021 15-Year Cash Flow available for Deferred Developer Fee 4,531,390 The analysis contained herein is preliminary and based on information gatheretlfrom sources that have nor been independentlyverified.This analysis is nor a commitment by The NRP Group,LLC to provide any specifc financial results or specific financing execution.This analysis is confidential and cannot be released to any other party without the written consent of The NRP Group,LLC.The assumptions used herein are subject to change wdhout notice. Rodd Field.4%.Current 1 Development Costs 7/30/2018 2:51 PM THE NRP GROUP LLC Corpus Christi/NRP Development,Corpus Christi,TX Scenario:4%LIHTC Total Eligible Basis Good Costs Bad Costs Depreciable Construction Development Costs Acquisition Costs Land $ 2,350,000 $ - $ 2,350,000 $ - $ - $ 2,350,000 Land Broker - - - - - - Offsite/Feasiblity Report Issues Contingency 350,000 - - 350,000 - 350,000 Construction Costs - Outside of GC Contract Contingency(5.00%) 1,314,474 328,619 - 1,314,474 328,619 1,314,474 Inside of GC Contract Site Work 4,536,000 4,536,000 4,536,000 - 4,536,000 4,536,000 New Construction 21,723,474 21,723,474 9,098,600 12,624,874 21,723,474 21,723,474 Demolition - - - - - - Single Deck Parking - - - - - - Public Amenity 30,000 30,000 - 30,000 30,000 30,000 Retail Space(Warm White Box) - - - - - - General Requirements(6.00%) 1,577,368 1,577,368 - 1,577,368 1,577,368 1,577,368 Contractor Overhead(2.00%) 525,789 525,789 - 525,789 525,789 525,789 Contractor Profit(6.00%) 1,577,368 1,577,368 - 1,577,368 1,577,368 1,577,368 Architect/Engineering - Architect Fee-Design 750,000 750,000 750,000 - 750,000 750,000 Architect Fee-Supervision 100,000 100,000 100,000 - 100,000 100,000 Engineer 450,000 450,000 450,000 - 450,000 450,000 Soils Testing 150,000 150,000 150,000 - 150,000 150,000 Permits&Fees - Water&Sewer Tap Fees 600,000 600,000 600,000 - 600,000 600,000 Permits 500,000 500,000 500,000 - 500,000 500,000 Green Rater Fee - - - - - - Title&Survey - SurveyANetlands 90,000 90,000 - 90,000 90,000 90,000 Other - - - - - - Title/Recording/Closing 250,000 187,500 - 250,000 187,500 250,000 Construction Period Expenses - Other - - - - - - Constmction Insurance 250,000 250,000 250,000 - 250,000 250,000 Property Taxes 50,000 50,000 - 50,000 50,000 50,000 Financing Costs - Bond Costs - - - - FA&Disclosure Counsel 75,000 - - 75,000 - 75,000 Texas Bond Review Board 17,500 - - 17,500 - 17,500 Texas Department of Aging 23,000 - - 23,000 - 23,000 Trustee 10,750 - - 10,750 - 10,750 Trustee Counsel 9,500 - - 9,500 - 9,500 Other 50,000 - 50,000 - - 50,000 Issuer 230,000 - 115,000 115,000 - 230,000 Issuer Counsel 230,000 - 230,000 - - 230,000 AG Fee 9,500 - - 9,500 - 9,500 Co-Issuer Counsel - - - - - - Mortgage Costs - Construction Manager Fee 230,000 230,000 - 230,000 230,000 230,000 Construction Manager DD 10,000 - - 10,000 - 10,000 Construction Manager Legal 50,000 - - 50,000 - 50,000 Construction LC outside of Rate - - - - - - A&E and Draw Fees - - - - - - OtherFinancingCosts - - - - Bridge Loan Origination 101,600 - - 101,600 - 101,600 Bridge Loan Legal 40,000 - - 40,000 - 40,000 Letter of Credit Cost 16,867 - - 16,867 - 16,867 Rodd Field.4%.Cunent 2 Development Costs 7/30/2018 2:51 PM THE NRP GROUP LLC Corpus Christi/NRP Development,Corpus Christi,TX Scenario:4%LIHTC Other - - - - - - N/A Freddie Mac-Good Faith Return - - - - - - Capitalized interest 666,000 333,000 333,000 333,000 333,000 666,000 Bank Loan - FBP-Origination Fee 230,000 - - 230,000 - 230,000 FBP-DD&Construction Monitor 35,000 - - 35,000 - 35,000 FBP-Application,Standby,Deposit 87,040 - - 87,040 - 87,040 FBP-Lender Legal 65,000 - - 65,000 - 65,000 Construction Draw Review Fee 40,000 40,000 40,000 - 40,000 40,000 Capitalized interest 2,875,000 1,725,000 1,725,000 1,150,000 1,725,000 2,875,000 Other - - - - Perm Loan-Conversion Fee 15,000 - - 15,000 - - Other - - - - - - NRP Line of Credit Reimubursement 15,000 - - 15,000 - 15,000 Other - - - - - - Set-up Fees 25,000 - - 25,000 - 25,000 Professional Services - Property Appraisal 10,000 10,000 10,000 - 10,000 10,000 Market Study 36,500 36,500 36,500 - 36,500 36,500 Environmental Report/Soils 20,000 20,000 20,000 - 20,000 20,000 Accounting/Cost Certification 55,000 55,000 - 55,000 55,000 - Legal 300,000 180,000 - 300,000 180,000 300,000 Tax Credit Fees - TC Monitoring Fee 25,920 - - 25,920 - - TC Application&Reservation Fee 98,972 - - 98,972 - 98,972 App Fees 7,500 - - 7,500 - 7,500 Development Fee 5,464,000 5,464,000 - 5,464,000 5,464,000 400,000 Reserves&Other - Organizational(e.g.,Partnership) 10,000 - - 10,000 - 10,000 Rent-up Reserve 486,000 - - 486,000 - 437,400 Operating Reserve 942,460 - - 942,460 - - FFE 350,000 350,000 350,000 - 350,000 350,000 Soft Cost Contingency 100,000 25,000 100,000 - 25,000 100,000 Marketing Reserve 121,500 121,500 109,350 $ 50,359,083 $ 41,894,619 $ 21,794,100 $ 28,564,983 $ 41,894,619 $ 44,195,953 Construction Cost Summary GC Contract Amount(not including contingency) $ 29,970,000 GC Contract Amount per Unit 92,500 Total Construction Cost per Sq Ft 90.46 Total Cost per Unit 155,429 Total Cost(total less land,demo&reserves)per Sq Ft 134.04 Rodd Field.4%.Current 3 Tax Credit Equity 7/30/2018 2:51 PM THE NRP GROUP LLC Corpus Christi/NRP Development,Corpus Christi,TX Scenario:4%LIHTC Tax Credit Eguitv Federal Calculated Projected Annual Credit Installments: Federal Eligible Development Costs: $ 41,894,619 Month Completion Amount % Developer Fee Percentage Affordable: 100.00% Qualified Basis: 41,894,619 Payment 1 Jul-18 0.00% 2,442,421 15.0% 400,000 7.3% High Cost Area Adjustment(NA): 1.30 Payment 2 May-19 51.68% 2,442,421 15.0% - 0.0% Total Adjusted Qualified Basis: 54,463,004 Payment 3 Jun-20 100.00% 814,140 5.0% - 0.0% Applicable Federal Rate: 3.25% Payment 4 Jun-21 100.00% 10,176,756 62.5% 740,657 13.6% Projected Annual Construction Credit: 1,770,048 Payment 5 Jun-21 100.00% 407,070 2.5% 407,070 7.5% Acquisition Basis - Payment 6 Jun-21 100.00% - 0.0% - 0.0% Applicable Federal Rate: 3.25% Payment 7 Jun-21 100.00% 0.0% 0.0% Projected Annual Acquisition Credit: - 16,282,808 100.0% 1,547,727 Paid Max Credit Amount 2,000,000 3,916,273 Deferred Investor Ownership 99.99% Availability of Tax Credits: Projected Annual Credit to ILP: $ 1,769,871 2018 0% - 2019 6% 99,692 Projected LP Equity 2020 73% 1,295,993 Projected Annual Credit to ILP: $ 1,769,871 2021 100% 1,769,871 #of years available: 10 Total Credit to ILP: 17,698,706 Anticipated price per credit$1: 0.920 Projected ILP Equity Contribution: $ 16,282,810 Use $ 16,282,810 Rodd Field.4%.Current 4 Unit Summary 7/30/2018 2:51 PM THE NRP GROUP LLC Corpus Christi/NRP Development,Corpus Christi,TX Scenario:4%LIHTC UA Provider Tarragona 10% Unit Mix and Rent Schedule Sq.Ft per Extended Sq. Developer Utility Developer Net Max Net Unit Type Affordability Description Units Unit Ft Gross Rent Allowance Rent LIHTC Final Net Rent Extended Rent Rent Per Sq.Ft Bedrooms Baths Unit 1 1 1 60% 19 650 12,350 $ 742 $ 107 $ 635 $ 647 $ 635 $ 12,065 0.98 Unit 2 2 60% 143 950 135,850 889 125 764 779 764 109,252 0.80 Unit 3 2 60% 107 1,133 121,231 1,028 147 881 898 881 94,267 0.78 Unit 4 2 60% 51 1,417 72,267 1,146 171 975 994 975 49,725 0.69 Units 1 1 50% 1 650 650 618 107 511 521 511 511 0.79 Unit 2 2 50% 1 950 950 741 125 616 628 616 616 0.65 Unit 3 2 50% 1 1,133 1,133 857 147 710 724 710 710 0.63 Unita 4 2 50% 1 1,417 1,417 955 171 784 800 784 784 0.55 324 345,848 $ 827 $ 267,930 Monthly GPR $ 3,215,160 Annual GPR Summary Data Studios - - 1 SR 20 6.2% 13,000 3.8% 2 SR 144 44.4% 136,800 39.6% 3 SR 108 33.3% 122,364 35.4% 4 SR 52 16.0% 73,684 21.3% 324 100.0% 345,848 100.0% Affordable 324 100.0% 345,848 100.0% Market 324 100.0% 345,848 100.0% 30%AMI - - 35%AM I 40%AM I 45%AMI - 50%AMI 4 1.2% 4,150 1.2% 55%AMI - - 60%AMI 320 98.8% 341,698 98.8% Market 324 100.0% 345,848 100.0% Rodd Field.4%.Current 5 Stablized Profoma 7/30/2018 2:51 PM THE NRP GROUP LLC Corpus Christi/NRP Development, Corpus Christi, TX Scenario: 4%LIHTC Annual % Per Unit Inflation Revenue 1.00 Expense 1.00 Percent of Units Available during Year 100.0% Portion of Year Operating 100% Income Statement Revenue Gross Potential Rent $ 3,215,160 100.0% $ 9,923 Vacancy Loss (229,144) -7.1% (707) Delinquency Loss - 0.0% - Total Rental Income 2,986,016 92.9% 9,216 Other Income 58,320 1.8% 180 Total Revenue 3,044,336 94.7% 9,396 Operating Expenses Management Fees' 121,773 4.00% $ 376 Payroll 437,400 14.4% 1,350 Administrative 129,600 4.3% 400 Marketing 32,400 1.1% 100 Cleaning&Decorating 32,400 1.1% 100 Utilities 145,800 4.8% 450 Contract Services 48,600 1.6% 150 Repairs&Maintenance 194,400 6.4% 600 Supportive Services&Coordination 32,400 1.1% 100 Compliance Monitoring/Trustee Fee 19,700 0.6% 61 Insurance 89,100 2.9% 275 Real Estate Taxes/Franchise Tax 17,505 0.6% 54 Total Operating Expense 1,301,078 42.7% 4,016 Replacement Reserves 81,000 2.7% 250 Total Expenses and Reserves 1,382,078 45.4% 4,266 %of Revenue 45.4% Net Operating Income 1,662,258 54.6% 5,130 Debt Service 1,445,301 47.5% 4,461 Net Cash Flow $ 216,957 7.1% $ 670 7.1% Statistics Debt Coverage Ratio 1.150 4 Months Oper. Exp.And Debt Srvc. $ 942,460 Total OPEX Waterfall Management Fees' $ 155,520 $ 121,773 $ 33,747 5.11% 4.00% 1.11% Rodd Field.4%.Current 6 Oetaildd Soumesand uses 7130/2018 251 PM THE NRP GROUP LLC Corpus Chnsn/NRPOevelopment Corpns Chnsb"TX S.no:496LIHTC J,18 Aug18 Sep-18 OR-18 Nov-18 Oec18 Jarv19 Feb-19 Md,19Ap r119 M1µ19 -19 Ju419 Aug19 S.µ19 o'19 N,,19Oec19 Jd,20 Feb-20 09% 4o% 109% 18% 247% 31.8% 356% 396% 438% 47% 517% 557% 597% 638% 8]8% ]18% ]59% ]99% 839% 8]9% Closing Monts iMonts 2 Mon"J Monts d Monts 5 Mon"6 Mon"T Mon"6 Mon"9 Mon"to Mon"1 f Mon"11 Monts 13 Mon"14 Mon"15 Mon"16 Mon"1T Monts 16 Mon"f9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 18 19 DMailed Source.and U.e. U.e.Summary Gootl Cost, Lantl $ 2,350,000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ New Constru Rion 907200 1 340 467 1340496] 1340 496] 1340467 433267 433267 433267 433,267 433267 433267 433267 433267 433267 433,267 433267 433267 433296] 433267 B62 500 54 341 54 341 54,341 54 341 54 341 54 341 54 341 54 341 54,341 54 341 54 341 54 341 54 341 54 341 54 341 54 341 54 341 54 341 54 341 C[be, 3,161,500 8,545 11,30] 11,30] 11,30] 11,30] 11,30] 11,30] 11,30] 11,30] 188,30] 188,30] 11,30] 11,30] 11,30] 11,30] 11,30] 11,30] 11,30] 11,30] 963]4 900 961- 14096,115 14096,115 14096,115 14096,115 498915 498915 498915 498,915 96]3915 96]3915 498915 498915 498915 498,915 498915 498915 498915 498915 Batl Coss 2]13909 54 03]3 881]43 884243 909243 884243 884243 884243 884243 884,243 884243 884243 884243 8943fi3 944993 944,993 944993 944993 944993 944993 $ 9,08],009 $ 1,508,459 $ 2,28],858 $ 2,290,358 $ 2,315,358 $ 2,290,358 $ 1,383158 $ 1,383158 $ 1,383158 $ 1,383158 $ 1,558,158 $ 1,558,158 $ 1,383158 $ 1,393,2]8 $ 1,443,908 $ 1,443,908 $ 1,443908 $ 1,443,908 $ 1,443,908 $ 1,443,908 T..-E...Pt Bonds Beginning Balance $ $18,828,000 $15,65],914 $14,251 799 $12,845,884 $11,439,569 $10,033,454 $ 9,534,539 $ 9,035,624 $ 8,538,]09 $ 8,03],]94 $ ],363,8]9 $ 8,889,964 $ 8,191,049 $ 5,692,134 $ 5,193,219 $ 4,694,305 $ 4,195,390 $ 3,698,4]5 $ 3,19],560 Atltlitions 23,000,000 Subtotal 23900900 1965296900 15965]914 14251,]99 128459684 11439169 10933454 9,534539 99359624 85396709 893],]94 ]39638]9 96589964 6191949 54692,134 5,193219 44694,305 441995 390 346964]5 3,19]5960 Uses 8,3]4,000 988,088 1,408,115 1,408,115 1,408,115 1,408,115 498,915 498,915 498,915 498,915 8]3,915 8]3,915 498,915 498,915 498,915 498,915 498,915 498,915 498,915 498,915 -,ng Balance $18,828,000 $15,85],914 $14,251799 $12,845,884 $11,439,589 $10,033454 $ 9,534,539 $ 9,035,624 $ 8,538,]09 $ 8,03]794 $ ],3838]9 $ 8,889,984 $ 8,19 1949 $ 5,892,134 $ 5,193219 $ 4,894,305 $ 4195,390 $ 3,898,4]5 $ 3,19],560 $ 2,698,645 TCHP Interest ESlmete s1 s1 6r 6r 115,151 s1 119,151 s1 s1 s1 6r 6r 115,151 s1 115,151 s1 s1 s1 6r 6r 115,151 s1 115,151 s1 s1 Beginning Balance $ - $ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Add,t,ns Subtotal - - - - - - - - - - - - - - - - - - - - Uses End ng Balance $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Equity Proceeds 15% o% o% 0% o% o% o% o% o% o% 15% o" o" o" o" o" o% o% o% o% Be ginning Balance $ $ $ - $ - $ - $ - $ - $ - $ - $ $ 1,558,1]9 $ 8]3,936 $ - $ - $ - $ - $ - $ - $ - Add,t,ns2,442,421 2,442,421 Subtotal 2442421 - - - - - - - - - 2442421 1558,1]9 673 936 - - - - - - - Uses 2,442,421 884,243 884,243 8]3,938 End ng Balance $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 1,558,1]9 $ 8]3,936 $ - $ - $ - $ - $ - $ - $ - $ - Hard--inate Deb[ Beginni ng Balance $ $ 2]0,588 $ 2]0,588 $ 529,626 $ 832,331 $ 1,160,035 $ 1,462,]40 $ 1765,444 $ 2,088,149 $ 2,3]0,853 $ 2,8]3,55] $ 2,8]3,55] $ 2,8]3,55] $ 2,8]3,55] $ 2,8]3,55] $ 2,8]3,55] $ 3,342,060 $ 4,28],053 $ 5,232,046 $ 8,1]],038 Atltlitions 2]0,588 - Subtotal 2]0 588 2]0588 2]0 588 529626 832331 1,16o 35 14962740 17965444 29968,149 23]0 853 267355] 267355] 2,67355] 25]355] 267355] 296]355] 3342,0960 428],053 5232,0496 96,1]]938 Uses 2]0588 259939 302704 32]704 302704 302704 302704 302704 302,]04 66d 502 944993 944993 944993 944993 End ng Balance $ 2]0,588 $ 2]0,588 $ 529,626 $ 832,331 $ 1,160,035 $ 1,462,]40 $ 1,]85,444 $ 2,088,149 $ 2,3]0,853 $ 2,8]3,55] $ 2,8]3,55] $ 2,8]3,55] $ 2,8]3,55] $ 2,8]3,55] $ 2,8]3,55] $ 3,342,060 $ 4,28],053 $ 5,232,048 $ 8,1]],038 $ ],122,031 e e e 2 21 e 1111 e e e e e 5115 e 11,115 e e e e e 111"a 13521 e e e e 1171 Soft SuboMina[e Deb[ Be ginning Balance $ - $ $ 41,188 $ $ $ $ $ $ $ $ $ 581,538 $ 1,163,0]] $ 1,534,308 $ 1,221,484 $ 2]8,491 $ - $ - $ - $ - Add,tS,ns 581538 581538 581538 581538 581538 581538 581538 581538 581.538 581538 581538 581538 581538 Subtotal - 581538 9622704 581538 581538 581538 581538 581538 581538 581,538 581538 1,19639]] 17449615 2,11584] 1221484 276 491 - - - - Uses 5403]3 622704 581538 581538 581538 581538 581538 581538 581,538 210 307 d94 363 944993 276491 End ng Balance $ - $ 41,188 $ - $ - $ - $ - $ - $ - $ - $ - $ 581,538 $ 1,163,0]] $ 1,534,308 $ 1,221,484 $ 278,491 $ - $ - $ - $ - $ - Ca.b during Con.-b-Penod Beg n9 Balance AdEn $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - ,ns Subtotal - - - - - - - - - - - - - - - - - - - - Uses End,ng Balance $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Grand Total Beginning Balance $ $18,898,588 $15,989,88] $14,522,388 $13,118,2]1 $11710,158 $10,304,041 $ 9,805,12] $ 9,308,212 $ 8,80],29] $ 8,308,382 $ 9,]]4,184 $ 8,]9],564 $ ],995,945 $ ],184,206 $ 5,]40,298 $ 4,984,892 $ 4,465,9]] $ 3,98],082 $ 3,488,14] Atltlitions 25713909 581538 8405]] 884243 909243 884243 884243 884243 884243 884,243 39239960 581538 581538 581538 96963502 944993 944993 944993 944993 Subtotal 25713909 1]4]8,1296 196810244 154096,9629 14925514 12594399 11,188284 105893969 10,190455 99691540 11332342 10355722 93]9,103 85]]483 ],184206 6 o'do0 5909,885 54109]0 4912955 4413,140 Uses 998]909 1508459 228]858 2290358 2315358 2290358 1383,158 1,383,158 1383,158 1383,158 1558,158 1558,158 1383,158 13932]8 1443908 1443908 1443,908 1443908 1443908 1443908 End ng Balance $18,828,000 $15,969,88] $14,522,388 $13,118,2]1 $11,]10,156 $10,304,041 $ 9,805,12] $ 9,308,212 $ 8,80],29] $ 8,308,382 $ 9,]]4,184 $ 8,]9],564 $ ],995,945 $ ],184,206 $ 5,]40,298 $ 4,964,892 $ 4,465,9]] $ 3,98],062 $ 3,488,14] $ 2,969,232 R,dd Reld 4%C-ent 1 Oebiled S.... nd uses 7130/2018 251 PM THE NRP GROUP LLC Corpus Chnsn/NRPOevelopment Corpus Ch S.no:4-HTC Mar-20 Apr-20 M,20 JI,20 Ju420 Aug-20 S.µ20 .120 Nov-20 D-20 -21 Fet21 Mar-21 Apr-21 May-21 Jurv21 J,421 920% 980% 1000% 100.0% 1000% 1000% 1000% 1000% 1000% 1000% 100.0% 1000% 1000% 1000% 1000% 1000% 100.0% Monts EB MontsV Moreh" Monts 48 Monts 2d Monts ZS Monts TB MonM9 Mor8h 28 Monts E9 Monts 88 Monts 31 Monts 32 Monts JB Mm 80 Monts) Monts 88 20 21 22 23 24 25 246 27 28 29 30 31 32 33 34 35 346 DMailed Source.and U.e. U.e.Summary Good Cost, Land $ $ $ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - N-Constru Rion 4332467 4332467 4332467 - - - - - - - - - - - - - - 54 341 54 341 54 341 - - - - - - - - - - - - - - 1--t 11,30] 9,30] 9,30] 498 915 496 915 496 915 - - - - - - - - - - - BatlCosGs 944,993 944,993 944,993 80750 55,000 2,131,10] $ 1,443,908 $ 1,441,908 $ 1,441,908 $ 80750 $ 55,000 $ $ $ $ $ $ $ $ $ $ $ $ 2,131,10] T..-E...Pt Bonds Beginni ng Balance $ 2,898,845 $ 2,199,]30 $ 1,]02,815 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 Addi0ons Subtotal 2598545 29 17 1702815 1 205 900 1 205 900 1 205 900 1 205 900 1,205900 1 205 900 1 205 900 1 205 900 1 205 900 1 205 900 1,205900 1 205 900 1 205 900 1205,900 Uses 498,915 498,915 498,915 -,ng Balance $ 2,199,]30 $ 1,]02,815 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 $ 1,205,900 TCAP Interest ESlmete s1 s1 s1 115,151 s1 119,151 s1 s1 s1 Beginning Balance $ - $ $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - AddiOons Subtotal - - - - - - - - - - - - - - - - - Uses End ng Balance $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Equity Proceed. o% o% o% 5% o% o% o% o% o% o% o% o% o% o% o% o% 465% Be ginning Balance $ - $ - $ - $ $ ]53,390 $ 898,390 $ 898,390 $ 898,390$ 898,390 $ 898,390 $ 898,390 $ 898,390 $ 898,390 $ 898,390 $ 898,390 $ 898,390 $ 898,390 Addi0ons814,140 10,583,828 Subtotal - - - 814,140 ]53390 4698390 4698390 4698390 4698390 fi98,390 4698390 4698390 4698390 4698390 4698390 fi98,390 1128221] Uses 80750 55,000 11,248,11] End ng Balance $ - $ - $ - $ ]53,390 $ 898,390 $ 898,390 $ 898,390 $ 898,390 $ 898,390 $ 898,390 $ 898,390$ 898,390 $ 898,390 $ 898,390 $ 898,390 $ 898,390 $ 34,100 Hard--inate Deb[ Beginni ng Balance $ ],122,031 $ 8,08],024 $ 9,012,01] $ 9,95],010 $ 9,95],010 $ 995],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 Addi0on, Subtotal ],122931 8946]924 991291] 995]910 995]910 995]910 995]910 9,95]910 995]910 995]910 995]910 995]910 995]910 9,95]910 995]910 995]910 995],010 Uses 944,993 944,993 944,993 (9,95],0107 End ng Balance $ 8,08],024 $ 9,012,01] $ 9,95],010 $ 9,95],010 $ 9,95],010 $ 995],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 $ 995],010 $ 9,95],010 $ 9,95],010 $ 9,95],010 $ - Soft SuboMi1 1 3]555 e al,H e e e e e e al,411 a al,411 e e e e e al,411 a al,411 e na[e Deb[ - BeginningBalance $ - $ - $ - $ $ 840,000 $ 840,000 $ 840,000 $ 840,000 $ 840,000 $ 849000 $ 840,000 $ 840,000 $ 840,000 $ 840,000 $ 840,000 $ 849000 $ 840,000 Addi0ons 840,000 Subtotal - - - 840900 840900 840900 840900 840900 840900 849000 840900 840900 840900 840900 840900 849000 840900 Uses 840,000 End ng Balance $ - $ - $ - $ 840,000 $ 840,000 $ 840,000 $ 840,000 $ 840,000 $ 840,000 $ 849000 $ 840,000 $ 840,000 $ 840,000 $ 840,000 $ 840,000 $ 849000 $ - Ca.b during Conztru -Penod Beg ng Balance $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - AddiOons Subtotal - - - - - - - - - - - - - - - - - Uses Ending Balance $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Grand Total Beginni ng Balance $ 2,989,232 $ 2,4]0,31] $ 1,9]3,403 $ 1,4]8,488 $ 3,089,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 Additions 944993 944993 944993 14654,140 105838246 Subtotal 3914225 3415310 2918395 3,1304628 39469 8]8 39148]8 39148]8 3,0148]8 39148]8 39148]8 39148]8 39148]8 39148]8 3,0148]8 39148]8 39148]8 13598704 Uses 1,443,908 1,441,908 1,441,908 80,]50 55,000 2,131,10] End ng Balance $ 2,4]0,31] $ 1,9]3,403 $ 1,4]8,488 $ 3,089,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $ 3,014,8]8 $11,48],598 Rodd Reld 4%C-ent 8 Lease Up 7/30/2018 2:51 PM THE NRP GROUP LLC Corpus Christi/NRP Development,Corpus Christi,TX Scenario:4%L/HTC Construction Completion&Leasing Schedule Construction Units Percentage of Lease-up Affordable Month of Units in Full Earning Percem Credits Month Completion Lease-up Units Percent Month Lease-up Full Buildings Year Buildings Credits Delivered Delivered Closing Jul-18 324 Units 14.0% - 0.0% Aug-18 - - 8 - - 0.0% $ - 12 Bumings 2 10.9% - 0.0% Sep-18 - - 9 - - 0.0% $ - 27.00 Units/Building 3 17.8% - 0.0% Oct-18 - - 10 - - 0.0% $ - 4 24.7% - 0.0% Nov-18 - - 11 - - 0.0% $ - 5 31.6% - 0.0% Dec-18 - - 12 - - 0.0% $ - 6 35.6% - 0.0% Jan-19 - - 13 - - 0.0% $ - 7 39.6% - 0.0% Feb-19 - - 14 - - 0.0% $ - 8 43.6% - 0.0% Mar-19 - - 15 - - 0.0% $ - 9 47.7% - 0.0% Apr-19 - - 16 - - 0.0% $ - 10 51.7% - 0.0% May-19 - - 17 - - 0.0% $ - 11 55.7% - 0.0% Jun-19 - - 18 - - 0.0% $ - 12 59.7% - 0.0% Jul-19 - - 19 - - 0.0% $ - 13 63.8% - 0.0% Aug-19 - - 20 - - 0.0% $ - 14 67.8% 23 7.1% Sep-19 23 - 21 - 23 0.0% $ - 15 71.8% 46 14.2% Oct-19 46 1.00 22 27 46 0.0% $ - 16 75.8% 69 21.3% Nov-19 69 2.00 23 54 69 0.0% $ - 17 79.9% 93 28.7% Dec-19 93 3.00 24 81 81 5.6% $ 99,692 18 83.9% 116 35.8% Jan-20 116 4.00 25 108 116 0.0% $ - 19 87.9% 139 42.9% Feb-20 139 5.00 26 135 139 0.0% $ - 20 91.9% 162 50.0% Mar-20 162 6.00 27 162 162 0.0% $ - 21 96.0% 185 57.1% Apr-20 185 6.00 28 162 185 0.0% $ - 22 100.0% 208 64.2% May-20 208 7.00 29 189 208 0.0% $ - 23 100.0% 231 71.3% Jun-20 231 8.00 30 216 231 0.0% $ - 24 100.0% 255 78.7% Jul-20 255 9.00 31 243 255 0.0% $ - 25 100.0% 278 85.8% Aug-20 278 10.00 32 270 278 0.0% $ - 26 100.0% 301 92.9% Sep-20 301 11.00 33 297 301 0.0% $ - 27 100.0% 324 100.0% Oct-20 324 12.00 34 324 324 0.0% $ - 28 100.0% 324 100.0% Nov-20 324 12.00 35 324 324 0.0% $ - 29 100.0% 324 100.0% Dec-20 324 12.00 36 324 324 73.2% $ 1,295,993 30 100.0% 324 100.0% Jan-21 324 12.00 37 324 324 0.0% $ - 31 100.0% 324 100.0% Feb-21 324 12.00 38 324 324 0.0% $ - 32 100.0% 324 100.0% Mar-21 324 12.00 39 324 324 0.0% $ - 33 100.0% 324 100.0% Apr-21 324 12.00 40 324 324 0.0% $ - 34 100.0% 324 100.0% May-21 324 12.00 41 324 324 0.0% $ - 35 100.0% 324 100.0% Jun-21 324 12.00 42 324 324 0.0% $ - 36 100.0% 324 100.0% Jul-21 324 12.00 43 324 324 0.0% $ - Rodd Field.4%.Current 9 Pm, Aans 7/30-18 2 51 PM THE NBP GROUP LLC G_G_IN—d—p—M G-—A,TX d.L.. ReTe GIIII PFRItbl CRIt $ $ 1 262744$ 3l222251 2 3$ 3315 053$ 3411154$ 3 80 113$ 3 541717$ 3 620793$ 3l2693 209$ 3l767 09753)$ 384821164$ 3 29719�2682)$ 3l29797 13457)$ hl208757�46300$ 4l2159 52$ 4l242 36335)$ 4 330227:19 832) L111-1 (8839 2) 488) (—154) (238837) (.3614) (.8436) (253456) 58�525) 26D6 26 9 9) ( 434 9�8 2) 91�4 1) 296�9 0 bb IIIRI Cthb, t TFtbl C— t- 1 95b 1 174352 29 775 3 110 899 3 173 17 3236579 3 301 311 3 367337 341684 3503 378 3573445 3149 4 3 7 1 7812 3 792 168 3868 011 3945 372 40.279 22 905 59,99 61 890 63�27 64390 65 678 66 991 68331 69698 71 092 72 5�4 7 3964 75.3 76952 Z2 491 80061 Opell E.pens. TEblfMenw 1 197257 3055 374 3 172789 32362. 3300969 3 366989 3434328 3503 015 3573 076 3 6"537 3717428 3 79�67776 3 867611 3944,963 40 23 863 4�04 40 Mmb—t— PW, 76 9450 132 39 1 34680 137 373 140 102 1 142923 145781 148 697 15 1 154 7304 157 799 160 955 b .174 80 122�21 5 126�912 12 9 0 7 5Z 85 570�708 5847�829 605�4&4 623�628 &42D 7 66�6 7 68 55 7 (36450) 450�4522 4.038 477959 4922 8 5 7�0067 522�279 537. 169 too 17 173 1793 1 1 0 0 0�R ol�98799 3 14 618 145867 150243 15 750 1 59�3983 14'735 3988 184780 190323 96 33 2 9 14 207 1 33�4 1 3�7 49 "I It Ave (�02 7800l et 133 38728 �373 315 36 66 37�560 384�687 39. 1�014 42274 43542 44&4 46�1.93 47 7 4 06 590476 5 MbIl11 5 32780 34�4373 35�4404 36466 37 560 38 687 39%8 41�2043 42�92474 4312 44 8 46�5 9 9�507 00 1�49 7960 12 2 19 3 47 9 4 6 50 Dbt"."g (121 50) 150�1774 154 679 1 3 1 79�31 6 1.695 190 36 195 3 201�82 1 207�876 2174 1172 220�5535 2 7257�7151 2733 66 69291 1D 0 73 11 16 7:9 (4050) Rb 50 05 59�319 164:0909 1569 987 Dop�,MD&S.a D,b,tb ce 53 107 5470 6�0�221 157R0039l 59 772 �314 67273 " 8 51�566709 206239 212426 218799 225363 232�. es0 196 61�5685 634121 65 76�33572 �373 239 08 24626 253 96 277�5169 24895�484 251049 302870 193 47 79 006 0 36 66 37�560 38�687 39 124 649 261�258 24669�0 (2,700) 33 8 41 043 42274 43542 44.8 476 5 990 S"Po=e=,hg'IoTot,teDo' (,642) 3251�452W7 22�41 73 2283 23 23 24 229 24 56 25705 26476 27270 28�3088 28 931 2 7 306 93 3��614 C—P c e Fee 20 29 1 20�9100 8 10 9 99 83 3�5 4 90" 94526 291 10 go log�9 2 112�869 116 2 55 11 9�743 123 35 127035 130.6 1�771 138814 1 bce 99 97362 1002 6�3 58 Real Estate Tb,e,F—ch e TD, 6875 17710 18571 19 128 19702 2029 21 L4 922 22 2Z 2�_472 27272 235 1 872!790 1 926!Z T...P 3 27029 1 6221!272302 1 62628!19Z820 1 72127!Hl 28 1 72673!262857 1 849!2 912 1 933,140 83 170 —.� -d (70 492) 1 G78 701 1 356.4 1404 959 1445839 1 487920 1 531 237 1 527L5!8 2041 023 1. Pd- It-- 70492 118 556 1 698430 1 767 831 1 790405 1 813050 1 835753 1 858499 1 881 286 1 904 096 1 926919 1.9741 1 972546 1 995321 2018 052 2040 723 2063318 Dep,ec-on Pe"o'a-pelty 1�536�00 6 1�536 0 6 S:11011 3 037 1 94 3 0 37�0194 19 1!71970!2WH4 1 719h!2WH4 1!120!2 9 7 9 7 92 0!2 2 22 922 8L 22 L 22 L 2!IH o H L 2 L 22 L 22 L 2 20fil 92 H H.11 11 No 821 1!190!2" 1!190!2" 1!12 9 1!12 1!19 0.4 9 2.4 o!2 1!12 4 go!2" j!j9o!2RF j!j9o!2RF 1!19 1!12 1!12 o 2.4 go 2 -t Expd`7 H-Debt nbeRA E.pe,,e 718 750 1 437 504 1 246 002 1 235 1 221 774 1 208577 1 194601 1 179 800 1 1.125 1 1475. 1 129943 1 111 325 1 091 607 1 070 725 1 048 610 1 025 189 AM Fee l,te,e,[Expense De RI P,opely Ma,agelDent Fee l,te,e,t De�e e�_D S.Detht j=eEF.epe"IeeIt Elpe— 000 84840 85688 86 545 87411 88 285 89 168 90059 90960 91870 92788 93 716 94;M3 95600 95648 SI Del 2 IeIIE'pe,.Deb[ 3 hte R. e Soft Expense 718 750 1 521 504 1 330.2 1 3199. 1 308319 1 295988 1 282886 1 268 967 1 254 184 1 2384. 1 221 813 1 204 113 1 185323 1 165 378 1 1"209 1 120837 Nee Income be/9Yn. Exp— 70492 (63.238) (5587 118) (753855) (720362) (686 114) (651 079) (615 231) (578526) (540932) (502409) (462916) (422411) (330,346) (338 170) (294330) (248367 P.11. A"etMa,age'e'Fee 7500 7725 7957 8 195 84`1 8695 8955 92. 9501 9786 10079 10 382 10 693 11 014 11 3" SIbollIbbel— -pely Maagemelt Fee Pa. hp M anagem ent Fee 81 727 195076 7500 7725 7957 8 195 3441 8695 8955 92. 9501 9786 10079 10 382 10693 101187817 222i!H952 ...—d 70,3882 (l 15,5N,6181 17615931 (—b—) (.4'.9) (l (l (581.481) (l (511,910) (472,102) (432,.1) (l P.,—) (l (476,4.) Add Back.Dep—Adon 5 764 FAR 5 7.FAR 1 190.4 1 190 8" 1 190 8" 1 1908" 1 190.4 1 190.4 1 190.4 1 190 8" 1 190 8" 1 1908" 1 190.4 1 190.4 1 190.4 1 190 8" Inl ACENEez Replacement Reserves (32,767) (84408) (86940) (39 543) (92234) (95 001) (97851) (100,737) (103811) (106925) („0,133) (113437) („6340) (,20 345) (123955) (127674) F,- —bes CalhDom/toDevelopm entSo—e, (70492) 632 961 Ha D Debt Ph nc p e='n (199299) (211 066) (223527) (236724) (250,700) (265501) (281 177) (297777) (315358) (333977) (353,694) (374,577) (396691) (420 112) Change n Act— Management Fee 37 3 32� (3(42�873 (43 30 (44�6035� (45497 79 925� (397�7 1�� C 9 0 (4 0 (3433,3) (4 1�2 8� (421 0 982� (_23 R323 38 07 0 38 0 1 582� (324 70902� (�33013 (36 696 Change n Acced Management Fee 386 5 1 70� (35 74 (36 591� 8�58 8 Change�n Developer ope,Fee Fab (�3 (�3 9 11�8 0�7 6� (2(6 3� (2(7�84 C 6�6 27�3592� 2t6 (2 726� (23 28 (2(4 68 Change Sol Deb 1 Balance .000 84840 85688 86 545 87411 88 285 89 168 90059 90960 91 870 92788 93 716 653 4792 (121 103� Chan g e�n So. n Debt 2 Fa ante e Change In Sob Debt 3 Balance —R...9— (70492) 632 961 (77221) (—3.) (372977) (404301) (436322) (469,063) (502576) (536 377) (572009) (603,009) (644916) (632,776) (721 636) (670737) (536 712)) $ 7797 Stgh.c s Ca,h blable D,Debt SeNce 70492 35 739 614 022 1 HO 391 1 700 357 �"720 5�31016 1 �"740 5�37052 760 1 710499 1 300 235 "3,9994 53 0 1 "1359�36003 1 �"1559�1309 1 197 707 1 916— 9 35 6” 01) 171411 01) Ha"Debt S e 445,301) (1445301) (1445 301) 445 301) (1445,3.01) (14 45301) 445 301) (1 445,3�O�) (1445301) ,445 F De. overage-0 12 1.16 1j1M8 1X — 1�� 1�25 1.6 1.27 1.29 11� 1,Z 1P` D Se,"ce 1.,- 2.5. — — 315, 7 -J98 —84 374dW .4,— —,8. —,79 —,406 471 7 —4� ope'a ng E.pen'e pe,'�I t $ $ $ 4 133$ 4336$ 4462$ 4592$ 4 726$ 4 3. $ 5005 $ 5,,5, $ 5301 $ 5456$ 5 615$ 5 779$ 5947 $ 6 121 $ 6299 Rodd F,eld 4%—ent 10 Cash Flow 7/30/2018 2:51 PM THE NRP GROUP LLC Corpus Christi/NRP Development Scenario:4%LIHTC Project Total Project Consultants NRP Group CHFC Cash Cash Distribution Remaining Developer Fee(+ Available for (Partnership Mgmt Developer Distributed Distributed Interest) Def.Fee Fee Payment Fee Develo er Fee Cash Flow Total Develo er Fee Cash Flow Total 70% 50% 30% 50% Closing 400,000 - - 50,000 350,000 245,000 - 245,000 105,000 - 105,000 Construction - - - - - - - - - - Lease-up 1,147,727 - - 1,147,727 803,409 - 803,409 344,318 - 344,318 Year 127,352 127,352 - 127,352 89,146 - 89,146 38,206 - 38,206 Year 192,694 192,694 - 192,694 134,886 - 134,886 57,808 - 57,808 Year 211,726 211,726 - 211,726 148,208 - 148,208 63,518 - 63,518 Year 230,728 230,728 - 230,728 161,509 - 161,509 69,218 - 69,218 Year 249,686 249,686 - 249,686 174,780 - 174,780 74,906 - 74,906 Year 268,583 268,583 - 268,583 188,008 - 188,008 80,575 - 80,575 Year 287,411 287,411 - 287,411 201,188 - 201,188 86,223 - 86,223 Year 10 306,152 306,152 - 306,152 214,306 - 214,306 91,846 - 91,846 Year 11 324,792 324,792 - 324,792 227,354 - 227,354 97,438 - 97,438 Year 12 343,313 343,313 - 343,313 240,319 - 240,319 102,994 - 102,994 Year 13 361,696 361,696 - 361,696 253,187 - 253,187 108,509 - 108,509 Year 14 379,925 379,925 - 379,925 265,948 - 265,948 113,978 - 113,978 Year 15 397,982 397,982 - 397,982 278,588 - 278,588 119,395 - 119,395 Year 16 234,233 234,233 81,727 234,233 163,963 40,864 204,826 70,270 40,864 111,133 Year 17 195,076 97,538 97,53897,538 97,538 5,464,000 3,916,273 276,803 50,000 5,414,000 3,789,800 138,401 3,928,201 1,624,200 138,401 1,762,601 $ 5,464,000 Total Fee $ 5,414,000 $ 3,789,800 Total Fee $ 1,624,200 Total Fee - Unpaid $ - $ - Unpaid $ - Unpaid Rodd Field.4%.Current 11 Depreciation Analysis 7/30/2018 2:51 PM Corpus Christi/NRP Development, Corpus Christi, TX DEPRECIATION SCHEDULE (With 50% Bonus Depreciation if applicable) Total Construction Costs 31,284,474 Total Depreciable Basis 41,894,619 Ratio Asset/ Depr Basis Allocated Personal Property- 5 year 7.3327% 3,072,011 Site Work- 15 year 14.4992% 6,074,387 Total 9,146,398 With Soft Cost Allocation Allocated Allocated Total Personal Property Site Work Per Allocated 1st Year Depreciation 1,536,006 3,037,194 4,573,200 2nd Year 1,536,006 3,037,194 4,573,200 3rd Year - - - 4th Year - - - 5th Year - - - 6th Year - - - 7th Year - - 8th Year - - 9th Year - - 10th Year - - 11th Year - - 12th Year - - 13th Year - - 14th Year - - 15th Year - - 16th Year - - 3,072,012 6,074,388 9,146,400 Rodd Field.4%.Current 12 Annual IRR 7/30/2018 2:51 PM THE NRP GROUP LLC Corpus Christi/NRP Development,Corpus Christi, TX Scenario: 4%LIHTC Compliance Capital Losses Tax Savings Combined Net Cumulative Net Ending Capital Period Date Note Contribution Tax Credits Cash Distrib. Income Cost Benefits Benefits Account 1 2018 $ (2,442,421) $ - $ $ (70,492) $ (14,804) $ (2,457,225) $ (2,457,225) 2,512,913 2 2019 (2,442,421) 99,692 6,364,238 1,336,489 (1,006,240) (3,463,465) (1,408,904) 3 Start 2020 (814,140) 1,295,993 5,678,618 1,192,511 1,674,364 (1,789,101) (6,273,382) 4 2 2021 (10,583,826) 1,769,871 846,420 177,748 (8,636,207) (10,425,308) 3,464,024 5 3 2022 1,769,871 814,008 170,940 1,940,811 (8,484,498) 2,650,016 6 4 2023 1,769,871 780,854 163,980 1,933,851 (6,550,647) 1,869,162 7 5 2024 1,769,871 746,931 156,856 1,926,727 (4,623,920) 1,122,231 8 6 2025 1,769,871 712,210 149,564 1,919,435 (2,704,486) 410,021 9 7 2026 1,769,871 676,649 142,096 1,911,967 (792,519) (266,628) 10 8 2027 1,769,871 640,216 134,444 1,904,315 1,111,795 (906,844) 11 9 2028 1,769,871 602,870 126,603 1,896,474 3,008,269 (1,509,714) 12 10 2029 1,670,179 564,572 118,560 1,788,739 4,797,008 (2,074,286) 13 11 2030 473,877 525,279 110,308 584,185 5,381,193 (2,599,565) 14 12 2031 - 484,944 101,840 101,840 5,483,033 (3,084,509) 15 13 2032 443,517 93,140 93,140 5,576,173 (3,528,026) 16 14 2033 9,081 491,752 103,268 103,268 5,679,441 (4,028,859) 17 End 2034 - 21,675 (4,050,534) (850,613) (850,613) 4,828,828 0 2035 $(16,282,808) $ 17,698,706 $ 30,756 $ 16,252,052 $ 3,412,930 $ 4,828,828 IRR 7.56% Tax Rate 21.00% Rodd Field.4%.Current 13 mus cr� GO � U NUAP D P PE 1852 AGENDA MEMORANDUM Future item for the North Padre Island Development Corporation Meeting of August 14, 2018 Action item for the North Padre Island Development Corporation Meeting of August 21, 2018 DATE: August 3, 2018 TO: Board of Directors North Padre Island Development Corporation FROM: Arlene Medrano, Business Liaison arlenemCa)-cctexas.com 361-826-3356 North Padre Island Development Corporation Meeting CAPTION: North Padre Island Development Corporation Meeting. PURPOSE: This is a meeting of the North Padre Island Development Corporation. BACKGROUND AND FINDINGS: The first item for this meeting is Election of Officers, whose terms expired July 31 . Regular items for this meeting include minutes and financial report. Other items for this meeting include: - Agreement with the City to handle investments - Investment Strategy and Policy - Texpool - FY 2019 TIRZ #2 Budget ALTERNATIVES: Do Not Approve These Items OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: EMERGENCY / NON-EMERGENCY: Not Applicable DEPARTMENTALCLEARANCES: Legal Finance 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): Reinvestment Zone No. 2 Comments: See attached Budget document. RECOMMENDATION: Approve these Items. LIST OF SUPPORTING DOCUMENTS: Meeting Agenda Meeting Minutes from 12/19/17 Financial Report Motion- NPIDC Investment Agreement Investment Policy and Investment Strategy Resolution- Investment Policy and Investment Strategy Resolution — TexPool Amending Auth Reps Motion — FY18-19 TIF #2 Budget AGENDA NORTH PADRE ISLAND DEVELOPMENT CORPORATION Date: Tuesday, August 21, 2018 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street Corpus Christi, Texas 78401 1. Call meeting to order. Secretary Rebecca Huerta calls roll. Board of Directors Officers Greg Smith, President Keith Selman, Executive Director Joe McComb, Vice President Rebecca Huerta, Secretary Lucy Rubio Paul Pierce, Assistant Secretary Rudy Garza Constance P. Sanchez, Treasurer Michael Hunter Judy Villalon, Assistant Treasurer Ben Molina Paulette Guajardo Debbie Lindsey-Opel Everett Roy 2. Election of Officers 3. Approve minutes from the Board meeting on December 19, 2017 4. Treasurer's Report 5. Motion approving an agreement with the City of Corpus Christi for investment of the Corporation's funds. 6. Resolution adopting the new Investment Policy and Investment Strategy for the North Padre Island Development Corporation. 7. Motion approving a resolution for participation in TexPool. 8. Motion approving the fiscal year 2018-2019 TIRZ#2 budget. 9. Public Comment. 10. Adjourn. NORTH PADRE ISLAND DEVELOPMENT CORPORATION CITY HALL — COUNCIL CHAMBERS 1201 LEOPARD TUESDAY, DECEMBER 19, 2017 DURING THE CITY COUNCIL MEETING BEGINNING AT 11:30 A.M. PRESENT MEMBERS STAFF Greg Smith, President Margie C. Rose, General Manager Joe McComb, Vice President Rebecca L. Huerta, Secretary Lucy Rubio Paul Pierce, Asst. Secretary Rudy Garza Constance P. Sanchez, Treasurer Michael Hunter Judy Villalon, Asst. Treasurer Ben Molina Carolyn Vaughn Paulette Guajardo Debbie Lindsey-Opel 1. Call meeting to order— President Smith called the meeting to order at 3:51 p.m. Secretary Rebecca L. Huerta called the roll and verified that the necessary quorum of the board and the required officers were present to conduct the meeting. 2. Approval of the Minutes from August 22, 2017 — Ms. Lindsey-Opel made a motion to approve the minutes, seconded by Mr. Hunter and passed unanimously. 3. Public Comment. — None. 4. Motion appoint the Corporation's Treasurer as an Investment Officer of the Corporation under the Corporation's Investment Policy. —Assistant City Manager Keith Selman stated that the purpose of this item is to designate the Corporation's Treasurer as an Investment Officer of the Corporation. Mr. Hunter made a motion to approve Item 4, seconded by Ms. Lindsey-Opel and passed unanimously. 5. Motion amending investment plan and approving resolution for participation in TexPool — Assistant City Manager Keith Selman stated that the purpose of this item is to maintain the current financing plan of 20% in a local government investment pool (TexPool), 60% in one-year U.S. Treasuries and 20% in two-year U.S. Treasuries and amend the resolution to designate Treasurer Constance Sanchez and Assistant Treasurer Judy Villalon as authorized representatives. Mr. Molina made a motion to approve Item 5, seconded by Ms. Guajardo and passed unanimously. 6. Adjournment —The meeting was adjourned at 3:54 p.m. 1 North Padre Island Development Corporation Balance Sheet June 30, 2018 ASSETS Cash, cash equivalents and investments $ 13,061,381 Accounts Receivable 59 Total assets 13,061,440 LIABILITIES AND FUND BALANCES Fund balance Restricted North Padre Island Development 13,061,440 Total liabilities and fund balances $ 13,061,440 North Padre Island Development Corporation Income Statement For the Nine Months Ended June 30,2018 Revenues Taxes and business fees $ 3,871,583 Earnings on investments 108,478 Total revenues 3,980,060 Debt service Interest 154,575 Paying agent fees 5,694 Total expenditures 160,269 Transfer in 568 Transfer out (9,635) Total other financing sources (uses) (9,067) Excess of revenues and other financing sources over expenditures and other uses 3,810,725 Fund balance at beginning of year 9,250,716 Fund balance at June 30, 2018 $ 13,061,440 Balance in Capital Improvement Fund (Fund 3278) $ 1,397,999 AGREEMENT BETWEEN NORTH PADRE ISLAND DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR INVESTMENT OF CORPORATION'S FUNDS This Agreement for the investment of funds ("Agreement") is entered into between the North Padre Island Development Corporation ("Corporation") and the City of Corpus Christi ("City"). In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Investment Services. This Agreement between the Corporation and the City is executed to provide the specific and measurable services for the investment of the Corporation's funds. The City will annually prepare the investment policy and investment strategies for review and approval by the Corporation's Board of Directors. The recommended investment policy and strategies will be reviewed by the City's Investment Committee before presentation to the Corporation. The City's investment officers will serve as the investment officers of the Corporation. All investments must comply with federal and state law as well as any trust documents related to funds that are invested. 2. Payments. The Parties agree that the Corporation will pay the City an amount specified in the annual budget for the services provided to the Corporation by City staff as part of the Corporation's annual allocation. 3. Effective Date. The effective date of this Agreement is the date on which the City Council grants approval for this Agreement, and it is signed by all parties. 4. Term. The term of this Agreement is will begin on the Effective Date and end on September 30, 2019. At the end of any term, this Agreement shall automatically renew for successive one-year terms, ending on September 30 of each year, unless terminated as provided in this Agreement. 5. Termination. The Parties may, by written agreement, terminate this Agreement at any time. In the event of such termination, the City will be entitled to reimbursement for any services provided up to the date of termination. Prior to the expiration of the initial term or any renewal term, either party may terminate this Agreement by providing 90 days' written notice of non-renewal to the other party. 6. Amendments or Modifications. No amendments or modifications to this Agreement be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 7. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: Page 1 of 2 If to Corporation: North Padre Island Development Corporation Attn: President 1201 Leopard Street Corpus Christi, Texas 78401 If to City: City of Corpus Christi Attn: City Manager's Office 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78401 c. Notice is effective upon deposit in the United States mail in the manner provided above. 8. Relationship of Parties. In performing this Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. NORTH PADRE ISLAND CITY OF CORPUS CHRISTI DEVELOPMENT CORPORATION Greg Smith Samuel Keith Selman President Interim City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Assistant City Attorney Page 2 of 2 Resolution adopting the new Investment Policy and Investment Strategies for the North Padre Island Development Corporation. WHEREAS, the Texas Public Funds Investment Act requires the governing body of the North Padre Island Development Corporation (the "Corporation") to adopt an investment policy and investment strategy; WHEREAS, the Board of Directors of the Corporation (the "Board") wishes to replace its current investment policy with a new investment policy; and WHEREAS, the Board wishes to adopt new investment strategies; Therefore, be it resolved by the Board of Directors of the North Padre Island Development Corporation: Section 1. The Board has reviewed its current investment policy and investment strategy and revokes its adoption of the investment policy and investment strategy by striking out the language of that document in its entirety, as shown in Exhibit A. Section 2. A copy of the new North Padre Island Development Corporation Investment Policy, which contains separate investment strategies, is attached to this resolution as Exhibit B and is incorporated by reference into this resolution as if set out here in its entirety. The Board has reviewed the recommended new investment policy and separate investment strategies. Section 3. The following major changes are made in the new North Padre Island Development Corporation Investment Policy and its separate investment strategies: 1. Designate the City of Corpus Christi's Investment Committee as the Investment Committee of the Corporation; 2. Designate the City of Corpus Christi's Investment Officers as the Investment Officers of the Corporation; 3. Designate the City of Corpus Christi's Authorized Broker/Dealer list as the Authorized Broker/Dealer list of the Corporation; 4. Remove inapplicable quarterly reports and include only reporting requirements as listed in the PFIA; 5. Increase maximum maturity of investments from 2 years to 3 years. Weighted average maturity (WAM) will remain the same at 1 year. 6. Add the following authorized investments: a. Interest-bearing depository accounts of banks in Texas b. General debt obligations of any US state and any political subdivision of any US state, c. Commercial Paper, and d. Securities Lending; 7. Expand the Investment Strategy and remove Special Purpose Funds Investment Strategy as it is not applicable to the NPIDC; 8. Remove training requirements for Investment Officers. Training for the Investment Officers is addressed in the City of Corpus Christi's Investment Policy; and 9. Move the Glossary to the end of the Policy. Section 4. The Board adopts the new North Padre Island Development Corporation Investment Policy and its separate investment strategies. ATTEST: NORTH PADRE ISLAND DEVELOPMENT CORPORATION Rebecca Huerta, City Secretary Greg Smith, President Corpus Christi, Texas day of 20 The above resolution was passed by the following vote: Greg Smith Joe McComb Paulette Guajardo Michael T. Hunter Debbie Lindsey-Opel Rudy Garza Ben Molina Everett Roy Lucy Rubio EXHIBIT A as 2-mand-od, as the immstment PoliGy and inim-stment Strategy for the- North Rad-re Island Development Corporation. uvHFRFn�0the TexasPiihlir Runde InveetArnt Ac Quires the governing body << n strategy; ) to adopt aA 1TA/HERFAS, the Board of Dire-r--tors- of the Corporation (the "Board") has reviemn 0 and WHEREAS, tChristi's PnloGy, woth come w 0 The-re fa-re, be mt resolved by the Ra2rd of ffirtactars. of the North P2dra Is land Development Corporation. 0 0 is attaGhod to this rosolution as Exhibit A and by Sarctmon 2. The foil Ir•ImentP-, ere@ InVeStm@A�tPnlira " " "Cityn QP appropr 0 fi-Indsn << ty n shall bo <<As-s-is-tapt Treas-upor of the n n n " n "Spec;mal Purpose n dQlQtQd 04 Page T2S'entinn Vii R "lAvectment Offir-OPS" Shell he emended to appoint the " " Sectmon 3 As ;arnQnded by S@Gtion 2, the Board adopts the Gity of Corpus Christi Investment PoliGy as the investment poliGy and investment strategy of the Board ATTEST• NORTH PADRE ICI AND DEVEI ORMENT CORPORATION Corpus Christi, Texas day of 020 Greg Smith InQ McComb Gwajardo NAirh�T int Rudy Garter RQn Ia Cara!\, Vaughn SUS xss2 rimv OF rnnnirc runiSmi TEXAS c FINANCIAL C>;'RC7r!"'L'C TxTZ T9 Q T-AU:WT- 1201 aeeember , 201-6 TAB1 C OF GONTC►ITS Pace INTRODUGTInw1 1 Hl- DEFINITIONS 2] Till fIRIn�IT OB EGTI\IGC 4 V-.L. AUTHORIZED INVESTMENTS AAIl1 MAXIMUM MATURITY Fa VT IN MET STRATEGIES d Yt 111 DESIGNATION OF RFESPONSIR11`TITV VK INTER►IAL GONTROW 4' IV T P+�AIMPEITI� \mal GITATION ...................................................................................4-3 K AUTHORIZED GGLI ITER PARTIES ...........................................................................4 lir GlG766XFERA 17AYIE)N ................................................................................................4G W6 SAFEKEEPING OF MTV EGURITICC tri X44 INFORMATION REPORT!NGIPQRTGANo-EVALUATION )� w"Itd�rtKING SER IGES ..................................................................................................4q A►II.II IA 1 IPV AE)GPTIGN X-V+ GENERAL PROVISIONS .Iq A RRcwln ES A-. TEXAS P IdIVQUG FUII►'iR'.RTl11►"1VEST-MENT AGT............................................................. TiT7 B-. r+n�F_ETI 11GS....................................................................................................... -99 G: TR11 0 1 T-ION .............................................................................................................4--2 tI�zEGA1 DEFENSE AND I►IP EMNICIGATION OF GITV OFFIGERC A CA1 1'1 EMPLOYEES .................................................................................................................i { Inf.....iment Awt whlw and rwwtw.lwl fedeFal 'aw: • • , andthal SaFnings from invesimenis will be used in a Fni3nneF that will best serve !he interests ef kivestments shall be Fnede with judgment and eaFe, uFideF pFevailing eireumstanses, that f f f but feF investment, eensidefing the F PURPOSE A AutheFimflon Thi.A Info t.e� fdhe6zed by the CRY f�wffnw7i i danse 'th rr�rv--n-r��ssrr i �v7--m�vi't "c"rvivvrrca-=vrRn GhapieF r p 'Art!! V This lRyestmen! Peliey applies to all funds of the GRy, exeluding pension funds Funds, ineluding, but net knited to.! General Fund Speepal Revenue Funds rmn!eFpFise Funds sBond Resems, DebtSepAsef in addifien te this the invesiment of Bond Debt Polley, Funds, Semes, andFunds shall be Fnafiaged (IndudiFig the yield saloulafien lheFeen) by I ■JIl IN. _ r r. ■ ft i pill& MAW • M_�_Mll�i� - - - - -- - - - •- - - �_ r r ■_ Insiditi-ii-im Any bank bFelterldealer OF Publie Funds 1 bank, holding eefnpafiy, n�� T� r-.--,c-.h firms must remplets a Peliey reF[*fieat*en as slated by this Feliey; Qualified RepFe •wwlwihlw--As defiRed by the 1 1 business 1 is 1 (A) 1 1 \-J FGF a state eF federal 1 1 1 insUlwlieM (/'f) 1r4h investmen! publir. funds investment peal to sign the vMtten instPdment on behalf /� ^ 1 \-/{` FQF MR Art of 1940 (15 U.S.G. r if not subjeet !a FegistFation a pefsen who is an effir.eF OF PORSip8l ef the investment management • 1 Rer,eFve Funds Funds designated by the City COUneil f8F speeifle purposes, whi SeGuritle.Q""' AppFe 1nr1 IniestmenFn designated by the investment Gw....n7Nww1 .•as defined 1�►I,�,y SeGUgn VIII to be hail in the 1n119stM L PeFftl:w OF aseeplable to be pledged as- Spedal PUFPGse Funds - Monies of non-pFefit corpoFaUens that investment OffieeFS BFS pemitted to t 1 1 r HGME r I GeFpus ChpiStp tl mal Developmen! Gefpemtl91, CeFpus GhAsO mess and 4eb Third PaFty Safekeeping institution Any insfitutien nel affiliated wo an insibtlen delivedng the Aulhedmd Investment F1F A7 Presmalien and Safety of Prinelpal 8. LNUidity flows must be maintained thFaugh eash flew analysis and by Fapidly depes'Ung • Liquidity is � OF iFl Pubfir- Funds inyestmen!Peals with stable net asset values 4r,-. investment Yield the rash flow r.unn. .Lams and peFft:n nlrntnn..of the CityHeweveF . 1 wit essedELfll Invesling sueh Fnenles. lei wntfol Ask. cavvn-ri�rnrnr2$s the Msk te the 6vcran--rrracSm-rcrrr�-ornvnv 4 by the expl-eit full falth and eFedii ei the United Stat hm aFmain-efee-eF a lid T........T•...... investment L7eO r r eFedit velatility r eeenoFnie r and etheF t leading to tempaFaFy illiquift. default Fisk, the only asseplable melhed of payment vAll be en a deliveFy VeFSU payment basis fef all transeefiens, emeept Publie Funds Investment Peels and r rr,,,,,YY Safekeeping t Fef 0 safe kept at a ThlFd PaFty Safekeeping InsUMen net effilisied wlih the bank or- ALIT14OR'Y VESTME ITC AND MAXIMUM MATURITY amed by this fr 7'7 Author-beed investments-16. Obligallopis of Me United States OF itS ageneies and Instrumentalities, f whish euFfently inalude the fallowing steled final maturities- a. Short tefm U.S.Treasuries Maximum Maturity 1.) U.S. TFeasuFy Bills s ................................................ up te 365 days* ...................................up te 3 Years years* 5 U.S. 4geneiew. Maximum malurity 1.)FedeFal Heme Lean Bank 2. ^e-Esse,.oma..,.,:..:... ..............upio 2 yteaW ..........................gen............. to 2 yeaFs .......................................................up te MS deys 0 inr,uFanr.e GIDFPGfBtiOR OF by the expliri-it full faith and Gmdit of the United A Anreeernen# An A_XA_Gi I#ed agreement between the City, n rae geverner.ent Pr mnd MV-4i . and Custodian will be on file befeFe !he Qty will efiteF iRte eH equepA .� ������Lni�te� CC....__JJ__ of volatility. ii Ti i"�Funds ............................................ T day A Publir. Funds investment Peel duly GFealed and managed iR eeeeFdaRse stabilizes its peFftlie to FnaFket daily at$1 not asset yalue. if the FaIle of!he book value of the poWelie is less than 0 OF gFeateF thaR 100.50%, the #e maintain the ratle between 99.60% eed 109.60%-. Themaxim.um. ame-unt that may be immsted in any nne nuhli^ fundr investment peg! is Five (6) pment el the !eta! suFFe-Al I.A.velsted belanee ef the The maximum total amount that may be neested In any one eaverninht• irPublin M-nds Inarentmant Denl Cc. #hie#u /40\ The Pubile Funds investment Pool must be eantinueusly Fated no I8WeF thaFl Fating sepAse. Pubk Funds investment Peels may eentain investment ratan^ is sland.-re# here.ir. e.heye 9-Fated i a fisied e.d lii\ Fhe : er.Fnent as nemitted by Q..be.bar3er A e6 the Texas O..blie. Funds investment Aet Ghaptne•22561 eF the Texas Gever.ment Bede 6 An invesiment peel Fnay invest its funds in Fnemey Fmarket mutual fundr, te th peel emated ie funden as a money FnaNtet fund shall FepeFt yield !a ils if ih dinnlnn..rn i.,StFUFROFh OF rr PGFt... ..1 be .,.,..b.d en the website 4. Collateralized and Brekefed GeFtifieates of Deposit .............. Ge-plifirm-le-is of deposit OF elheF Insimmenis issued by state and natienal be eellaleFolizeflen en a weekly basis-. The Myestmen!Offiew she!! r en me less #ian a weekly basis, Gra-linrnd CDs will be Faquirnd to have n Gusin nu.v.hnr and be held in safekeeping s i �T-hasbeen - aeq U'tOF T (IS U.S.G. Seelien :78a et seq.) er the investment Gempany Aet ef 1940 the.n..i..L.....n..se of a ..L..hlefie4 asset value ..f$1 f F......h ..hMal the e,f the Fnesey ...I.et mutual fund .. .. invested in the.... r and Gl iwa—Rleerl i aGle.rae,l ..entFe..ls G#BF M pay a sperifir. in►a....e.l e..l.. a e a peFlad of t sGhedule faf rapital funded with bond pFeeeads. :Rio eelleteFal and %hml; may be Wilized only W reRROGOOR vAth the investment of bend pFeeeeds.The en.�.iir..r ren fnrm of a guaf.nlww.d In.resWenl eankael shall net e. weal the 7 @�caQ$Tarm im efwan► ]wal................................................ .in aaF The Town Taern investment dne.l fnr fixed +ne... ..le..enl.. was ..lea .. fixed fixed teFm peFftlie opfieR and is Fated AAA by StandBFd and� s r guidelines by Fund eFe as fallaww. than Bras OpeFating Fumis The maximum weighted eyeFage matuAty of OpeFaUng Funds she'! be 365 days. The investment offiseFs will menileF the FnaluNty level and acQust as 2. Gapital Improvement Funds The mem;FnuFR weighted syeFage fnaluNty of Capital !FnpFeveFAeni Funds shall 120-4-ANG UhA-1 FepFesents Capital impFavement Funds(bend r funds, • Gr.n.d... and MIempewy H as defined by Fedefal ineafne tax low difFingII iAihlr-.h time band pFec-eeds may be invested at an unFesWeled yield t which Ie not suIJecr.+ti,,,,, le�o Fee�leroe. l In s►in •ander seeiien 193 .ei�t�-0 hede u . p R rr viva !he RG. An annual r-ebate ealaulafien shall be peFfeFmed ie assure ' liabilily at the end ef eaeh Fespeelive band issue'-s bond PFOGOed-r-,&Q-.M sun-h issue vAll be yield Festdoted as FequiFed by the RG; 1 -Men/A C41nde Cctnhliched ht,tlne'ntitre lend Funds eF h.•the. City Pteuneil Than fR-"A-;Al*ng ReseFve Funds may be invesied up to five yeeFs in U76-. MaXiFRUM Choke Canyon Fund 40-51................................$40,000,000 City Fnenies govemed by this li , t be invested in eihef investments issuing bonds or a-thaff debt obll@aUQAS-ef lhis Poky is amended le pefFrA ('•) The City menders the maFket eF e.tmeniw r blair.ed Fe.. T.. .J'.. WAGB BF the BleeFRbeFg system whieh is made available thFOU9 ww`` t �S infoFmation surh as !he KW Street deufna� W. INVESTMENT STRATEGIES A; A minimum of 15% of the total investment eeF ftlie shall be held ice. Autheomeliqulditd mAth matuAty dales of GO days eF less feF liquidity. 6L6-. ym sm.dronments, Ileiltt AUIhnFized Intiaetme.ett rnnnrtG shell m Rite. eed wide.,. 9 investment Offine.n laking w wii..e wwtie.. A�s T Operating and GIP Funds inveslmenis malwing thai are aequiFed on the shad end of Ne yield ou 90 less YAII meet immediate wweh Reeds. A fdc-ar`r-AuthedzeQ Inuvetmente are n..Fwhaeed en the inte.mediwte na.t of the yield w..n.e !i Z liew maturity) to look in higheF inleFest Fates wheFi Fates eFe ps�eeled te aa.erave investment mat..dta. of 355 days OF lessu.ill he velw..lated ..wine 2-. Debt Serv'ce Funds lRyesimeni stFategies fOF debt sepAse funds shall have as the pOFnaFy ehiewtia.e the eww..ranne that debt sepAGe payment eblivatie We lime!u T79GT. ,T 9 Debt @e....ies Reserve Funds In..eclmeR clraleole5 fGF debt c.eniine r-sa-p a fnndm. ch.all h.-a.e .aa the pOmaFy nbb2etia.�n the ability ie geRer..1r. a dependableT� derumeR!, Investments shee-mild- -ban of high GFedi!quality, with 4. Speeial Funds In..e !Wteg5 F: Qnewiel L7..mese Funds a..ill have 85 thei. with eempietdate; These Investment perffe-lile-s- shall inralude highly liquid iAvestmanls t to PeF#elia v►itli ,r,vestme,t seleetieR teased en legelity, appmp4ateness, liquidity, Wd .:SWFeiu, eensidemtiens-. This stfategy 4-. Passive Investment provides for a. investments Wgeted to pay upeeming ankipated disbUGeFAeRLrr b-. Liquidity ie pr-ey4de fGF e aw e . aT The ability to iFnpFave yields in the Investment PeFftlia by Wft held ie r selling lateF at the same OF IGWBF inter-es! Fale, "FRPFeAng the le vv G71VrCrbT.['CGTRVRTTGi'ORT{O fnatuNty Manager-, designee, oF his en wenemie The mold at a less. All gains and- lesses will be Fepeded to the GRy Counep! and investment Gemmottee no less Wquently then on a quaFteFly basis-. VW IDESIGNA-flON OF RESPONSIBILITY , and Budget shall Eeeet The investment GarAmIttee will be Fespensible for manila nim �Q and •FnakiRg FeGemfnend8tieRS FegWdinqtl —�Ft $ 14 sulamim-sign In the City Cound! and will, on ne less than an annual e5r5, FBviavP by ihe--Gid The Bafl6AiF rrr.valrrsn„r ReRfeli9 diversiriearvrr rna!uNty strumure, 6* mW peFfeffn8nee of the poWelle(s); -. investment nsReers negessaFy to evidenGe the invesiment of Gily funds is gfented le the investment C)Ms41 The Gity Tr-easuFeF and the inyesiment Analyst aFe !he designated , and attend tFaining 85 ��e�� , , a#8Rd ghows ef !Fa;RiRg that begins en the fiFst day of !hat lees' gevewnenFs 'eemplienee with Texas laws. by the fellewing eFganizatlensi Govern men! FiFianse Offl+e Fs A sseeiel7nn of Texas Texas Munlelpal League The C-Ity Coun It und6F thB Investment AdviseFs Ael of 1940 (15 U.S.G. SeeUen 896-1 et seq.) !a _ INTERNA1 CONTROLS hese in{nrn.al nnn#rwln shall be approved he DiFeelw of ales' Cw'�epAsees-.. Q •_ .. - - W, A-40OW will ... 111016, ON. W-0- OWNWO .. 10 " iffi. 11 l�I Jill 11 ._ 401#00-WRIN W_ . . r ■. that meets !he r s eash flew needs at!he Ume-. My -suitheAzed 18 PaFt'SIPBIB IR !he Gity's investment pFagrafn must X AUTHORIZED GOUNTER PARTIES BF9kefDea'efs In an Rl r-AFAZft Ininr.nelien nn the P....c shall he maintained by the Invest enl Offs er-9 !he investment Adviser >T. In41e@IMP-AfM shall only be FnadwyA h these In../i►..liw who hwye .l...d i i in o 27 Arilinewledged that !he inslitullen has implemented reasonable bs cel Fw.1h in the investment 6.w..eduFes Manuwl The Inve-stment Committee shall, at least annuall.. i 4se, and ado" E, Thep,�.,,,,..,T,�.Fjn,��m,�,e��.i-r-Ar will request the. Ir���esa toren{ f eFmiHww to au hedze delet'ef A fl'SI;tQlie1'S V E 47 Slow Fespense-time; C x Ins..ffiwienl aFket i n n en to ,s! of %ndemer&W expeGlafiens based 8R esonemis ' ' 5-. Unwillingness tG Genlinue le abide by Na Peliey.! the provisions lisled-in 'A t"F 6-. Othef Feasefis as approved by the investment . Xl-. COLLATERALIZATION Ft independ8Rt safekeeping and all Ome depesils and demand bank eash balances be 0 A7. Redged Gellater-al for-Time and Demand Deposits pledged te and not ewned by the Gity. Al! eelialeFel shall 8gFeeFneni. The Market u-Nue- of pledged eallater-al f8F Wne and demand depesM must be at lem-st 192% of the pgnripal plus aeeFued WeFesi. All eellaleral shall be held by IIV1H be maintained 01 1 Gil� appmve and release all pledged eallater-al. The Investment Offiews will menROF 1 m nl Th aFalf.. value will ►. ►iMlen sept.e,,,e„r—r,Te�� ed-s-NaE�-.II,a ��te�-a�-s�s �i, appFaved if fts value iS SqU81 10 8F gfealer than the required eelleteral valw. Q, bstii,boon i .,11..,.,. ble t. all !Fens.,..►Onn.. ►.. i sheuld be li.f.S..d to minomme- !he mayFequest approval fFaFnthe Infens►....nn► Of eeF►n Feduse eellatefol, Gellwie. ; , ndleale that thef f , VII G_SAFEKEEPINAC CITY /LEG IRITIGQ ^„ -m-fnLanninn of City ed se;mdlies The delivery ef all seeuAges Into u B-. Safekeeping of Gertifieste of Deposit GellMerM held at the FedeFal Resewe Bank. G-. Sakkeeping of Repurehess Agreement Gallate Gumnised .....en! __nifeel s 'ems;-:sT.,_!As'ed le U.S.� TFaasuies-and XNW A& Values e-. individual PeFtfelie Gemposifien q-- investmen!Revenue l} t lF Ghannel lBend FURds by issue s} 2.) GellateFel pesRkm a7 investment tFanSaSUeRS AN slateme Es: the s! ' as , Rer.eFds Manua! GF may be authedzed by !he quidelines. MV-. BANKING SERVIGES __ T.. ssiyely invest omvc5s Cash Balanees, mniFelled disbuFsementsr-aaavvssrs, zeFe balans-9 XPWL ANNUALPOLICY wnnnTlnl�I This Pelisy vAl be F&Aawed and adepted by the City Geunril He less than aRRuaIly ehenges made to Ws peliey. )Pt+ GENERAL PROVISIONS laws, Fules, E The hity!s Annual Extemal Cive dal A, d"! shall i.,du de seFnpila morin at D. Investment Pel-y Resolution Code, TIT13E 10. GENERAL GOVERNMENT SUBTITLE F. STATS AND Yner=AT3 C-GNT-RAr=T-S AND FUND MANAGSMEN? e -ER 2256. PUB-le - NBS TAaVESTMEff See. 2256.991. 256•991 . jrt�fTSOIC TITLE. T-h4zs chapter may be eited as the Public �YIY��sL`Ri�r,+r ee 2256.09-2; BEFROrmtnac- in this ehapter: % t tr rt lam! r mek!ea% entity, and reserves and funds maintained loy an entity fer debt t""'Poses. +-s t "Beek re means the original aeqttisition cost of an +-3j "Fume15" means publie funds +n the custed of - state ageney or local government that: 1.y}. +'ti l are not requ�red_ isy law te be depesited in the state ��7 �r fBi the inve5ting entity has e4th®tity te f4-) 11 /m5tittitien of by Sectien 61 .993Edueatien . l5i 1 this chapter and described Isry Section _Tl-er 225E nRn-�_ r- rrr "Investment te invest publi:e funds je4:ntly en behalf ef the entities that pattielpatre in the peol and whose investment ebJectives in order of priority are: preservation and Shetty p of ari ae-i pa 1 77nnll -1 r- r^-% 1ice't! ]yy,�.igdi r 1 L'! Yield. it t1 1T1TLTiet, .,: steiet ee eutherity efeatedSeetion a (b) i 1! o 12! / AEtielZ- !I!, or SCSet ion 59, Artiele V!, Texas Genstituti n, a f-_-` _-_err 4 sapply distriet, a hespital dlst i r State ef Texas, and any nenprefit corporation acting on behalf of any of these entities. HH t rrvalue" means the eurrent face or par value e4 an investment multiplied by the net selling price of the security a5 quoted /A5 wPeoled fund group" investing entity in which ene nst+tutional aecounts of the investing entity are invested. fl4g-) "Qualified representative" ...__..s _ ...._sen ..ti.._ h_, d-s a &E the business efqanizat�en, and whe is one eE the fellew�nlq- W for -a—business organization Being--business that is regulated by er registered with a seeurities r registered under the rules of the National Association of Securities n_a�s ($} f-&r a state--o rfederal baitkt-, 3 savings bank, or a state or federal credit A aet en behalf ef and bind the banleing r for an investment the person autheriZed by the ,�y.,, ,., .,ry l`_J.. y, y, y,m, J ele eard the investment peal to sign the written instrument on behelf of the investment poelt e-r E$} forannvestment managementregistered under the investment Adyisers Aet of 1949 (155.`�cEti6tom°Ob I et seq. ) er,r i-f not subjeet to reqistrat�on under that A registered with the StateSeeurities Beard, investment management firm. r Sehool r (l-z-) "Separately vested- asset" means art a-eEBent eff funee�a group.state ageney er leeal gaver-nment that is net invested in a peeled fund "State office, department, r government,beard, or other ageney that -i -- Of any braneh of state education, behalf F any of these Amended 15y Aets r 34th beg. j eh. 402, See. 1, eff. Sept. 1, f 1 nom A-•ets�rrrr , t-h LryS•i-•-- rSee. 1, eff. Sept. 1, 1994,, Acts 1949-1 Leg. , , See. r r . See. 2256.003 . AUT14GRIT-Y TG 1NIVEST FUNDSt ENTITIES SUBJEET Te THIS GHAPTSR. Saeh geverming body of the following entities may f sell, airsin _s_ isc. _r.. and funds under its control STfitments autherized ander thiS 5ubehapter in compliance with ig4v�,� 414=44 e Z appreved by the geverming body anel aeeerciing to the standard of came preseribed by Seet�en 2266. 096: f-I-) & local gevernment'. a state agency a 9 r I" entities.�4j an investment peel aeting an behalf of two o4. more locarl &m investment management firm registeEeel under—t-he investment Reivse_s Act of 1940 -(15 u.s.e Seetien 80b 1 et seq. ) or with the State Securities Board tO pEevide feE the investment and management ei its public funds or other fundsunder its ee+rtEl; h subseetien may not be for a term longer then two years--. Pk renewal or extensien ef the eantreet mest be made by the . mg body of the . ef the entity te aid the inve5tment officer in the emeettion off th-c effiee-fs^ esender . Amended by Aets 1995, 74th • f • 402, See. , eff. Sept. 1, . APPLIGABILITY This subehapter does net app+y '. G 1al a publie retirement system as defined by Section ll!z77 7tt . f-24 state �! an institution of higher educetion having total e. ef at least $95 millien in beel't value on May r 19951 H4 funds invested by the Veterans' Land Beafd as autheEleed by Ghapter r 162, er 164, Natural Resources eade; f-54 Eegist.. Fund__de®ss tea i.. the r-le ret a e 1 under Ghapter r beeal Government eedef- c�r K3,-) a eleferfed eempensation plan that qualifies under eithe-r Seetien 491 (it) er 469 ef the internal Revenue Eode of 1986 (260 e.s.e. Section 1 et r as amended. 0)-) This subehapter does met apply to an investment donated to an investing entie a paEtieular-per e s e of under terms e by the elemer. Amended by Aets 1995, 7II'�e 402, See. , ^t.� Aets 1"J 4, L.•�r7 � • f • , • r r p r See. 27-, eff. Sept. 1, . Aets 1999, 46th Leg. F eh. 52, See. 8 .2211,—cff. Sept. 1, 1999-,- Aets 1999, 76th beg. , eh. 1454, See..3,Eff. Sept. 7 . 1999 See. 2256.095; i im nnr !e!ES_ lNVSST-MENT- ST-RAeT-EGTSS, STtTTa St'["7Ti' f 1Z'�9"L SSi"'iGT? � �- I WEST-MENT Gr--rI-EER. W The--gevermirtg--body e investment pelTey regarding the investment its funds an funds under liquidity;its eentrel. fb4 The investment 62-) primarily emphasize safety of principal and 0-) eddfessinvestmentdiversifieation, yield, and maturity and the quality and eapability ef investment r Hi i m er (A} a list-e the- types outhorized investments eh the investingentity' s funds may be invested, 4 O�4 the max:imum allawable stated maturity of any individual investment owned by the entity; feE peeled fund the maximum dollar weighted , 4-a? Fftetheds te meniter the market price of investments cletittired with pdblie funds, ICS aEe'� t f �ene ett m _L all t _..sectio.. Ta] e4 v b o,I emeept investment peal fune[5 and mutual 7 payment basis; and W-4 preeedure9tBr-mens `er rating changes .-.-__..M..__ �c4 The ;f,v-estmen�ellielies may previde that biers r=_ !_=t_`___t__ 1z7orallyp R-) in writinv _i; er f4i in any cembination of these rnethads. „ shall radept a separate %orrrb P-n-�FPeg{meYt strategy for each of -L- funds-n-_ deseribe the investment ebJeetives for the particular fund tsitty the fellewixg prier t-i a-eke W tineierstanding afthe—suitability of thy-i n v e s finaneial requirements of the etibity-, f-2i preservation and S-Ofety of principalip _ idit 04 mafklid-erf the investment if the -==d =Pis_= o= liquidate the investment before maturity; { } of the investivient portfolio, srrd +e4 The geveEning body ef an investing entity shall review its investment peliey and investiftent strategies not less than anriveHy. Ti-re g tng diedy—shall adept a sorritten --==_--_=` by rule, erder, , aa- seselutleR stating that it has reviewed the investment EeesEd any ehanges made te either the investmentG"tt `"r Gaeh investing designate, by rule, erdinameer r r one or more officers %J.L e"leyees ef the state rleeal gevernment, or investment poo! &-s investment 6TtzEcs-te6'e—rE`Jr'pBns' •'BtmefYcvl Yt$ fURd3 eensistent with the investment pelley adapted by the entity. QTc I . 11 body of an investing entity has eentrected with snot investing entity to inve5t it5 I theinvestment fficer ef the other inve5ting-entity see n sided t o be the investment effleef ef the Tif sit inve5ting entity fer purpeses of this chapter--. Authority granted to persen to invest an entity' s funds is effeetive until rescinded by the entity;-until the expiration efthe-e eer's term or the tevainatien-e€ the persen's erepleyment by the investingr er if an investment management r until the expiration of the contract with t investing entity. !R the adMiRi5tEat=en- awe- duties ar-an-investment judgment and effieer, the person designated as investment officer she!! exerelse th that a prudent person r r r entity. but the fidueiaries of the assets of the Unless autherizeel by law, r witheirawi transfer, e age-Vii--any 5ther manse the fund5 ef the investing entity; tyr r local assigned by law the function of investing 1-t-9 Ednds li Text ef subsee. W as amended by Aets 1993, 76th Leg. , eh. 685, See. 1 00 AneffieereEempleyee-ems-a eammisSieRereated undeg Ghant•er ► Leeal Government eede, is imeligible to be an investment effieer for the eemm!5Sl @R un-def SUb5ee t i e n(� if the offieer er employee investment officer de5ignateei under Sub5eetion (f for another local TeNt of s; see= Leg. , is ineligible to be designated as rLeeal Gevernment Gede, investment effleer under Subsection. t-fl for any investing entity ot than For-that c6RisS 5ioi. C -) An investment effieeu ef an entity who has a personal business that investment transeetlen with the ent-ity she!! file a statement disclosing enal busine5s interest. An investment offi-cer who is relate r--- Ghapter r to an individual seeking te sell an investmen't to thelavestfaent t s entity shall file a statement diselosing theEelatienship A statement required underr this 5ebseetion must be fi!L-d with the Texas Sthies Gemmissien and the governing body of the entity. 1 an investment efficer has a personal business relationship with a busine__ ation if f-I-) the investment effieer own5 19 percent or more of the veting steele err shares ef the business organizatien or owns $5, 900 or more R-) funds reeeived by the investment efficer from the bdsiness fer the J7t year; &r J the investment offieer has aequired -from the businesserganiEatiem dufing the pE-.t'eU5 year investments with. a book value ef 1 fj-) The gaverning beely of an investing entity may specify in it-5 investment poliey that any investment autherized by this chapter is no suitable: 00 'n+ inifesting entity er to an investment management firm under contract with an investing entity te invest er fnanage the entity' s investment portfol2ke; 1 a business organization include-3 investment peals and an investment management firm under contract with inve5ting entity te invest er manage the entity' s investment portfolio. Nething in this subseetien relieves the investing entity of the Eespensibi&ity€9r- meiritefing the -=_=tme-nthe te detefmine that they are in eempliance with the investment poiicy. Ohre qualified Eesentativ, of the business arganization,a€f in an investment transaetlem with an investing entity she!! execute written insttument i:n a form aeceptable to the investing entity and the business erganizatiento the effeet that tt..G--busill-Ou aeganizatien has {-l-) I entity' sC-2� aelenewledged that the business organization hes implemeftt-ed Feasonable pEseeduEes and eentEols in an effort to preclude investment tEansaetlens eendueted betWeen the entity and the organization that are net autherized by the entity' sthat this autherizatien is dependent en an analysis of the mekeup of the vestment standards; {-Ij The--._=_4tieeteffreetef—an entity e,- - _ -_ otherwise ebtain any autheEized investment eleseribed in the investment policy of investing enti:ty frem a person whe has not delivered te the entity the insttument required by Subseetien Cm4 An investing entity other than a state ageney, tin conj-unction. with its annual finaneial audit, shall perferm a eemplianee audit of management eentrels an investments and adherence to the eittity-L-S established investment {MEmeept / at least once every tw years a state ageney shall arrange fer a compliance oudit of management eentEels—en investments -"el adhe_-_.-_ to the agency's establ►vf�al investment p. , -----: The-,eem ee--audrtshall be performed L. the ageney1 s internal auditer er by a private auditor employed in the manner pEeyided by Seetion 321.02G--. Not later then january 1 of each eve-m– mufabefed year a state ageney shall repert the—res of the most audit perfermed under this subsectien to the state auditor. Sdbjeet te r$le -assessment and to the legislative audie ee's approval of ineludin a Eeview by the state auditer in the audit plan under Section ..�. sccc�vrr. If review by the state aud:�teE is approved by the legislative audit r r r require stat-agency to arse report te—the state auditor tithe- information th- state audit$Ednes n=cas -a assess eempliance--withers and pslieles^-appilea a teta`_e agency subsea ^rten shall be--pfepafedi—e-manner the state auditor presctibes. {v7 The audit - f c-. cion fft) do not apply to assets e4 e state ageRey that aEe invest-eel by the comptroller under Section 49 4 . Amended by Aets r 74th Leg. , eh. 402, See. r eff. Sept. 1, r • ► eh. r See. r eff. Sept. 1, ► Acts 1999, 36th hey, eh. 14194, See. ► eff. Sept . 1, , Acts 2003, 78th bey , , Sec. 41, e€f.Sept. 1, 2-903 Amended b-y z2a3:1. 2256. 096; as xrrv,c9tmerrc3 shall -oE--mad with judgment and e ► ► that a person of pEudenee, diseEetlea, and intelligence would ------ -- in the management ofthe r affairs, r r een5idefing the pfabable safety ef capital anel the probable inc-arm t9 be ,d. eA investment ef funds shall be governed by the following investment ebjeet.' rorder ef prioity: pEeseEvatlen and a.r=etb of Trine Pal liquidityt a-Ftd Yield R)-) in eletermining whether an investment officer h8s exercised prudenee withrz�peetto an investment deems-i=:_, the determination _hall be maele taking into eensideration: (�1the investment of all funels, er fends under the entity-LS r a-ftd {L whether- the investment eeisio_ - eonsistent-w-ith the written investment pag4ey of the entity; Amended by Aets ► 74th Leg, eh. 402, See. 1, eff. Sept. 1, 1995. investmentSee. 2256. 997 . lNVSST-P4SNT T-RAININGt STATE AGENCY BOARD MEMBERS AND its effre•er she!! attend- at least mm training person'ste the Cb4 training under this sectiorrz. f-c-1 Tm-"s~'G"1T• inq und~G"Lf—thi:9 5e tiers must include education in invegtFfteft eentEelsr r strategy rrisks, marleet r4:slts, diversification Of investment r and eampliance with this chapter. (44 An t}-vas-tment a€fees-shall attend _ training -leges than enee eaeh state fl5eal blenn�um and may reeeive training from any The investment effleer shall prepare a report an this subehaptet—*nd deliver the Eepert te the - . - body of the state agency not later than the 189th elay—&-fter tiqe last day of eaeh regular session of legislature. Amended by Aets r74th bey. , eh. r See. r eff. Sept. r r Aets a • reh. r See. r eff. Hey r r Acts 1997, te__?, 1464, See. -5-,- eff. T 1999.T Amended bt- Aets r 82nd beg. , . r r See. 2, 1 Th�s seetien was amended by the 84th Legislature. Pending publication of the—eu E r errttatutes, S e e H.. a 84th Legislature, Regular a See. 2256. 098; lNVE;ST-?!SNT- TRAINING-, beeA13 GOVERNMENTS: HH Except as pEevided by Subseetiens (bJand (e) , the tre'+�^r•"rTr, the GTrs"CTfSTTATTc.LaS effie�{e.,,r ..k:#. tithe teens eff i .•, met the eh�f ??-sal affieer-arra the �e�rente�lee r o f a l e e aTgovernment s L .4 9 C I-I �j�+ elms-ignated investment ewmitte advi:sing the investment icer-ira IG eentaining at least 19 heurs of instreetion relating to the treasurer's--or effieer1 s respensibilities under this subehepter within !2 months after teklncj office er assuming rl���1 I a� �7 r attend &n investment tfaining session net less then ence in a two year period that begins -ethe first day of that leeal q . _, r 5 fiseal year and date,eansists af the twe eenseeutive fiscal years after that and receire not less than 19 hours of instruetion relating to inve-s-�� Eespeas a b; , ; tlestrRder this subehapter from an independent by the g ev_Eaingbe de f the l e eal 91.9vernment e r a—eie s�gnateainvestment eemm�ttee adv�slng the investment effiicer as provided for in t fbi An 4:nvesting entity created under authority of Section ► Artie�le H=;epee Section 89, Arti-e' e "r>=-XVI, Texas—Gens-titutlan,that he government'seentraeted with an investment management firm under Section 2256. 003 (b) and has fewer than five full time empleyees ev an investing entity that has eantreeted with anether investing entity to !�nvest the entity's fun may satisfy the t�ainting requirement previded by Sub5eetien (a) (2) by instruetion in a twe year peEieel that beej�ns en the first day of the lecal years after that date. zTr`"re treasafer or ehief finame-i-a-!effieer-of invest4mng entity ereated under authority of -Section r r ot Seetlen r ► Texas eenstitutien, and that has fewer then fl,,fe full time—emp leyees is net required te attend training seetien unless the--persen i5 a-ls,e the investment effi-eer of the entity. (ej Training uneferth#s—seeder �:—s= inelude edueation in investment centrels► security risks, strategy risks, market risks, year, diversifieetion of investment portfolio, and compliance with this chaptert. fdi Not later then Beeember 31 each each individual, asseeiatienrbusiness, arganizatien, gavernmental entity, individual ' sthat provides training under this seetion shall report to the comptroller a list of the governmental entities fer which the per ' jed requi training under this section during that celender year-. An individual's repert�-.nl, . -ements under this subsection are satisfied by a report the fe� This 5eetien does not apply to a district governed by Chapter 36 er "nr.9, Water Gede. Ameneledr Leg. eh. 492, See; �r eff. Sept-. -l—, 1995,- Acts , 75th beg. , p See. 5, eff. Sept. 1, ; Acts l nTn j beg. , ch. 1454, r Acts 2091, 33th beg- I e r See. 4, eff. Mayr . Amended Aets r . r r See. 3, 1:7-201-1; See. 2256.909. GR iSTT1iVRZTMENTS: E)BLIGATIE)NS/I�^ 11a4 f GUARANTEEB BY GeVERNMENTAL ENT-HIES,; t �t a-S Subsection (b) , the follewing are authorized investments under th! .Lel.apt States f-r7 'abl i g�ians�ad�-fetters^ems-e-r ed t, a G h e U n i t e d States e r its a•g e-Pte i e s c-n"la--instrumentalities, direet obligations of this state or its agencies and 1�1 instru me i federal ageney er instrumentality eff the United States, the anelerlyin securityfor which isguaranteedency or in5trumentality e_` the United / A 1♦ tmeenditionally guaranteed er insured 7 er beeked by the fell faith a credit ef, this state or the United State5 or their respeet4:,ve age.-.--.e-- -and i7Ts'tC1r"'-r.TTme�,a.CT6Z"CI l i t i e.5, 1ncldtng obligations that 1 a r_ fully `7l . g r a t..e d _ insured--bthe--Federal Bepesit insuramee Gerperationer by the expileit full faith and efedit 8f the United Sccce•S i equivalent; obligations of states, ageneies, countie5, eitle5, an other pelitieal subdivisions of any 5tate rated as to investment quality by a nationally reeognized investment rating fj-.rm not le55 then A er 4:ts an !P t X 07bonds or guaranteed by the State _f � assumed, ir r e rl � r_ 43.4 The €ellewing--are net autherleedsnvestmen s ..def this, -t 44 (4} ebligatiens w#ese- payment fepre5efltS the eetpon payment., on the pEineipal balanee ef the underlying mortgage backed D Q-) ebliqatlen5 whese payment represents the principal stream �7 final maturity date ef gveatet theit 10 r and (4} re ella t ecrcrrr� 'ccd meEtgge-9bltgatl en 5 the interest rate 5-r whieh is detemined by an index that adjusts opposite to the changes in-a marleet index. Amended by Aets 1998, 44th • , , Aets 1999, 76th Leg. , At-to r- Leg. , eh. 558, See. 1, eff. Sept. 1, . Amended bj- 2011; See. 2256.0 AUTHORIZED UTHO IZE$ T r�-ENTS: FE nn__s,TTE 5eF BEPeSITD� SHARS GSRTIFIGATSe. !^j A eertifieate of deposit or share certificate is -s-R. -authercized investment under thi5 subehapter if the certificate i effie.e in this srza J Fund or its suecesser; seeuEed by ebligations that are described by Section 1�! • a f-Rd;;r-:;l ageney eE instrumentality that have a market valtie -o4 iT[7R less depeglt5 ef the investing entity. depes-it umd-e-r- s umbSe t i e n , an 4:nvestment in eertificates of deposit 14 made in aeeerdanee with the faiiewing eendittions is an authari investment under this subehapter: (1) . (M a—b r a ke r that ha s its mai-e r r s ee of-a- bra-rre h ezrree in this state and is seleeted from a li5t adopted by the investing entity as red by Seetlen or Wr a bt:aneh effiee in this state and that is seleeted by the inifesting r investing entunder J"N L of_ i_i deposit4„s, wherever- Ie eater,€ems-t h e aeeount ef-t he investing r 0-) the full ametint af the pEimej:pal and eeerued interest a4 each eff th., r t: a «esefdinsured by the United States er &F! instrumentality of fiE United States, and Hj the investing entity appeints the depository instituti seleeted by the investing dr c._1..a_ 5le , described by Seet4:em / 8clearing broker dealer registered Seeuricies and -Emeharrge Germmisslei Rule-:S,_3-3 (1:7 G. F.R. Seetl -- eertificates ef depesit issued for the account ef the investing entity. Amended by Aets D • 1 • / See. I il ! D Aets R 1 rt 4 I . D . I . I D I 7•S'C�T Amended Acts I • I 28 I D September I 2005. Aets ! • I • • ! • 1904 • • I • 1 eff. Jun 177 See. 2256. 017 • Rnrts.._n=_== _Arer__T-MENm_ REPURGHASE L . f&) Ate'l eellateEa-��puEehase—a�eement is authorized investment R4 is seeuredd by a combination of cash abligntio deserlbed 6y Seetle (0}; &md ccs n--held b�y the fit e-be-pledged e the-entity, held entity' s depesited at the time the investment is made with the entityr silta third party seleeted and appreved by the entity; and 04 is plaeed through a , as defined by the Federal Reserve, businessin thisstate. r , Pi PI ["o fsection, means a simultaneous agreement te r r and sell back at a future tie_ •1256_ nnn !_ti .. date-6blY�fiii-S-- ES EFibS^d--19-p'—S'e•____.. ----- --- .--. �r en�marketr - zrae--Qti the time the funds are disbursed ef net less than the prineipal ameent e4 the L"GTTGs—StSi7'CT.Te-d-. The CcEfn ineluGL-'T-a dlEeet seearity -_r.-o.-..._-_ Ste! ! repurehese agreement foey net emeeed 90 days after the date the reverse seeefity eparehs e agreement delivered; fcH Money reeeiveel by an entity under the terms of a reverse seEurity—repur 'a'sE'Tag're .Pme'FIJT71'ITrFJe CTSGQ t-A _e'_._-e a______..-_ authorized investments, but the term of the authorized investments aequired ..t ..M..r net lat.. than ML e•.pi rratien date h • • TI "C �C��G' 8C' e•d 1T� T the reverse security repurchase agreement; Amended 95^r 4 r . A A�r _e� r1.LSept. 1, 1 r1h9G Amended bv. 1T2011. S 2256. 0115-. nP1THO IZEB 1HYSSTMGNTSt C•riY'.URITISS LENDING PROGRAM bqr) A securities lendirig progra... -' - — autherized investment under this she hapter ii it—greets-the eend i t i amp Eevi 5�7 a-- .r =San "EaTTv'es crCTri s _p (-I-) the value ef seeuf�ties leaned under the program must be net less than 100 Tp- _ � e, 1 _te _1 _ e r eeA r allow r_ r a lean made under the pregram must r termination at any timer- C�7 14 I�3 /�monit . Pledged 5eeurities described by'1CTR�tI • P {u f pleelgeel irreveeable letters of credit issued that is. United Sthe state; ai°td eentinuousl ytatedby at least one nationally reeev.. zed invetmenr�i n n e le less tha A e r '`_'s eg t'.._, _n +B l; + 2256. 009,- 1=7 2 2`zz�v--913 P (iii) 22czz56.01 ; er fii-) 22cr�56.916,- the terms of-alean -made--under the program ust requi£$ that the see___ti__ being held a9 cella-te e- W pledged to the investing a entity' s0�-) helel in the invest-Ing a-r fd K-7 depesited at the time the investment is made with the entity or with a third party seleeted by orr approved by the investing entity; f5-) a lean made under the pregram must l5e pleeeel . dealer, as defined by 7''nG. F.R. nn7. . .R.Seetien 6801. 102 (f) , s that=regui ati en existeftefit—SE��bet1, ter [FJ a finameial inseltutienbusiness in this sa.ai.ejf a f&) seetion must have a term of one year or less. Added by Aet5 r 48th beg. , eh. 1224, See. 1, eff. Sept. 1, . .7i BANKER'S MeEPTANGSS. 1 eeeeptanee is an autherited investment under this subehapeef if thebanleeES 1 . �H has a stated maturity of 240 days or fewer from the date of its isseanee; 16 RL) will be, •-n aee®r-daneelt5 terms,liquidated in a`u44 57t maturity, Reserve- n._ kattd 77 AA. 77 C'�f is aeeepted by a banle organized and existing uneler the laws ef the United States er any state, if the 5hert term ebligations of the bankI or a# a bank helding eempany of which the bank is the largest subsidiary, are rated net less than A 1 equivalent by Amended by 1995, • / l I I 1995. See. -2256.013; UT-11f.RIZER T7VESTnENTC. AASERGIAL PAPERz papereemmerelal .the . investment under this subehapter if eemmereial paper L1I has a stated maturity of 249 days or fewer from the date of i-t-9 a- td is rated net less than A 1 er P 1 or an equtvalemt rat*-" 1L! by 'atter lT�f ldit agencies: *r oJ fully seeuEed by an iEEeveeable letter ef eredit issued by a bank orge... zed and existing under the laws of the United States or any 5tate. Amended by Acts 1995, 94th Leg. ,,ch. 492, See. 1, . lead money market mutual: fund is an authorized investment under thi 5ehapte-r if the mutual fund_ f-I-) is registered with and regulated b'y the Seeuritie5 and- Emehange . R-) provides the investing entity with a pfespeetus and et a r c N� U.S.C—. aaz%xaz=6R- ree�=ES— iirg^�A�9 = Section 38a et seq. ) or the investment eempany Aet ef 1949 (15 U.S.G; Sebe- 8 9 a 1 et seq. ) ; (� has--a dellar-weighted average stated _t. of 90 days or fewer a-Ptd 34 Hj ineludes in its investment objectives the maintenance of stable met asset value of ,$4 far eeh shere. OD-) in additian te a ne leael money marleet mutual fund permitteel a an authorized investment in ubsfir® r a noload mutual fund is en W is registered with the Seetti4tles and Emehange r f-2-) , 9-) is �nvested emelusively in obligations approved by this �O is eentinueusly ratedd a-5 te investment quality by at least one--natlnna 1 11 veeegnieeel investment. ®rr-not less t AAA @:r its equivale"t; a- d FS-) eenferms tothe relquirements—set forth in =eet__n 2256. 916 (b) and W relating ethe ofinvestment i<eeeiyeand invest funds of investing entities. fe� An entity i5 net autherized by this _ _t-jam t_ f-I-) invest in the aggregate mere than -1-5 pereent of its manthl average fund P emelading band pveeeeds and reserves and ether fu held f.&e debt sarvie-,'_ mutual funds described in Subsection fir R-) invest any pertien of bend proceeds, reserves and fu d5 lel invest �s L"C77L7s ef lt5 eentrel, imeluding bend- proeeeds and ether fund5—held f e f debt 5efvtee, in any one mutual fend desefibed in Sebseetlen (� i-R a-F1 afneent that c3s'EccaS 1pefeent e fh1 G1' a to w l M. e-f the •M• a 7 fund Aetsr Aets 1949-, Leg. , eh. 1454, See. 8, eif. Sept. 1, 1999. ce 1 "u+rrant@2ft investment centract is an autherie investment Eefbanel pEeeeedsendef thIS 5u6ehaptef if the quaranteed investment ce*'�=a�'.: PI-) has a defined rcerminativiidate-; {-2-j is—seeur-ed by ebligatlems des ed by Seetlen 2256. 009 (a) (1) , egeeluding theseebiigatiens deseribedbyceet ..... is 2256. 909 (b) , in an afneunt at least equal te the amount of bond preeeed-9 invested--under- ^eentra-et af�d is pledged te the entity and deposited with the entity e-v with a third party selected and approved by the entity- (5-} Beadpre,eeeds, ether then laend proeeeds Eepresentin and funds maintaineel fer debt service purposes, may not be invested unde-r this subehapter in a guaranteed investment eantract with a ter e€ longer than five yeaV5 frem the date ef issuance of the bonds--. Te be—elkj idea—a-authro_ ed -es the governing body of the entity must speeifically authorize guaranteed eentfaets as an eligible investment in th arder rordinance, or reselution autherizing the issuance of bem4srt T� the entity must reeeive bids frem at least thEee sepauate providers with no material financial interest in the bonds frefft which proceeds were reeelved e � ► +J r ing guaranteedW the priee of the guaranteed investment eentraet must t into aecount the reasonably expected drawdown sehedule for the band preaeeds -t-m be i:nvestedt e-ftd the previdder must certify the administrative costs {�7 reasonably expected to be paid to third parties in conneetion with the guaranteed investment eentfaet; Amended by Acts rbeg. , ► eff. Sept. 1, 1995t n_t_ lnnn S-eF 2286. 916. rnUr`FliE)& INVESTMENT _E)G, S. AM entity may invest A:ts iunds and fundsunder its eantra rule,eligible investment peel if the governing bedy ef the entity by order, erdinanee, QE'solutien, as—apprepriate,—asc'herizesiI-vest "ncrrciir the partieular pe An investment peel she!! invest the -funds it- frem entities in autherized investments permitted by th! SUbehapter. AR �nVe5tfflemt peel ...-.y . ­--t !t5 funds in maney market mutual funds te the extent permitted by and eonsistant with thi7s 19 subehapter and the investment policies and objectives adopted by th investment peel. fb-) Te be eligliDle t-e reeeA:ve fumd5 from and invast funds on behalf ef an entity under thi5 P an investment pool mtst furnish to the vestment effieef er ether authet�zC representative ef the entity an contains,effering eireular or ether similar disclosure instrument that at s.. ( } the- types a es te- S .h. . h RBfe l .s allowed to invested,teden the the fRamimUm average dellar weighted maturity -51lowed, based ,stated maturity date, of the ► the maximum stated maturity date any investment securit-y l r 1 within the partfalie I lf4-)G1 ► the size 11�C+VI / the names ef the members of the advi5ory beard of the poc4 1 y r 0 PL) the eastedian bank that will safekeep the pool' s whether the ntent of the pool is to maintain a net as ( I 1' -� whether the only source of payment is the assets of the peel at marleet value er whether there is a secondary source of payttener the name and address of the independent auditot-trf-t+re , 3 Pool! iuncis in and withdraw funds frem the peel and any deadlAnes er other apeEatinq pelieiesEequiEeEfar thestfunds thelraw funds from the r t �a e-Ifia pool,the perfarmamee histery of the ineluding yield, average maturities, and expanserte_f-. fe) To maintain eligibility te receive funds from and invest funds an behalf ef an emt�ty under this ehapter, an investment pool must furn-j9h entity: {-I-) investment ranseetle'l--eenfilRiatYBns;arra 2B the fellewin Com! a menthly tepeft that eentains, at ar ...F... ..i-. /n� C+`I the types and percentage brealredown of securities inwhich the pool is I &1 fmaturity, based an thestated maturity 1�ld_tC e^of the _ {"'/ � pool's the eurrent pereentage of the investments that have stated maturities of more then ene year m�ne� a tyd portfolio, the book value versts the market value ef the peel' s using amortized cost valuation; E-) r 1IH the number of participants in the lr am! the assets of the peel; daily00 a listing ef ien l entity participating in the peelf- /�1 the yielei and expense ratio of the imelud�nq -a 1+! pool, 5tatetent rem rq - haw yieldsealeulated (0) the portfolio managers of the I and Hi-) any ehanIgies of addenda to the efferill1j. \a7 entity by eantfeet may delegate te an investment peel t �ej in this autherity to held legal t�tle as eustedian ef investments purehased with "yield" section, she!! be ealculated �n aeeardanee withregulations geverning the registration of open end management investment . ; under the investment Company Aet of r as promulgated fro YFR $m im- daily, f-f-) Te be eligible te Eeeeive funds frem and invest funds en behalf and, to the extent reasenably possible, value stabilize at a $1 net as if the ratio of the market value ef the portfolio divi 13-Y the b �_ n-�enc e ��.,... � nnc e.�.,r�l�re�a a—pe�€eS les5 tai-� o-- �-- �g�e��� r between -n. e95 _a 1. 995. inadditiont9 the r&ejuiref2-Hi i- et i-tS investment pelley and any other forms of reporting, imvestment peel eLleated to fametion as a money marleet mutual fund shall 24 repert yield to its investors in aecordenee with regulations of the federal Seeuf4:tie5 and Smehange eammission applicable to reporting by fluj Te be eligible be reeeive funds firolm and invest! ftmels all bellelf e_ der this eharter; a rub}�e ftiRdsinvestment peel must ham an advisory board cempesed. de i have L eelat�emshlp with the peel: and are qualified to advise the peel, fer a e fHnds iRvestment peelrd under Ghapt" 49! and managed by a state agency: &r --- &r have—a- business 7 ..r-w1hip %Ati the poe i a_ei!l are qualified ed to advise p 'erl os/ . ILi Tz+l Te maintain eligibility to reeeive funds from and invest-4im� aft behalf ef an entity under this r be continuously rated me lower then APA or APA m or &t " equivelent rating by at least one Hatienally --1!d rating 5ervtee. Ts7 if the investment Plool operates an internet website, the lir l-f-4CcH end K) must be posted en the website. l J "1. To maintain el+gibility to reeeive funds from and invest fund aft behalf e4 an entity under this ehapter, an investment peal must make available to the entity an annual audited fineneial statement of the investme"t peel �i°i--whiehthe ms_'`�*+--^-`_j has funds - -----'. :Hf- -An -investment pool offers fee breakpeints based em fund investedy the investment peal in advertising investment rates MU5t imelude either all levels ef return ba5ed en the breakpoints provi estate the fewest-per le level of return based--enrthe le- of funds invested. Amended by Aets r , See. reff. Sept. 1, r Acts r45th 13eg. , . reff. Sept. 1, 399 . Amended b�y- I . I R.S. cf'r 1004 (H.B. 2226) , _ef 3, a ff. J m e 24 See. 2266.91ti . EXISTING INVESTMENTS; An entity i:5 Pter fequifed to liquidate sa.........ts that e a titheiited lnye5tmePits-at the tiffie of purchase. Added by Aets / 34th Leg. , ch. 46, / eff. Sept. 1, 1995# Aets / 74th Leg. , ch. 402, See. 1, eff. Sept. 1, 3-995. Amended-by Acts / 45th Leg. , / See. 19, eff. Sept. 1, 1993. -_. 2256. 01 9. RATING" —vrEERTAIN !LAVES-MEN1 var ; publie fund investment t PeOl MUst 15e-eentin eus ed ne-lower tz°'r�rrtAAA n n n at an equivalent rating by at least ene nationally reeegnized rating 3-e F�3 Ee 199c 7 Ani r 1, ff.Sept. ��995115. Added � aA-��s�-r4��'e r+��ee— e-- - r-- -: - - 99-t 75th 7 r e°11 See 11, 1 a 1 1997 .�ef'tE�e�prEe�s����i�E�Leg. , E��sz����� t Amended by- Acts t 82nel 13eg. , . t / See. 8, eff. June iii See. 2256.029. nv'xxv HGRIZS9 RIVEST-MENT- r: !NSTI UT-IGNe nr urruSstibehaptern EaueATiew. in addition be the autherized investments permitted by this / r sell, an Wiest its fundsar els underits eentrel in the xe, 7 e- -n internaleesh management and fixed ineeme ftneis sponsored 15y organizations exempt from federal ineeme taxation under Sectien 5Gl (f) , Revenue Gode F 1-986 90L 26 U.S.G. negotiable certificates ef depesit issued by a bank tha--t has a certificate of deposit rating of at least 1 or the equ�valent by a nationally reee g Pt rzed o f ed i t rat ng &fie y ar-that is assee i a cc"a--'ve3-`crh holding eempany having a eemmereial paper rating of at least AP-1, / Oi ff n�� 1 +learperatebends, debentures, or similar F4F2h# categories,highest long term rating the tit Added- y Rets ' n� 74thbeg. , eh. 492, See. 1, Sept. I; i995. Z3 see. 2256- 02917 R{Tm'1"l'nee-7RIZEE^.IB!NVESTMENTS; M NIeITa PA1 UTI ITT• r_1 pr memieiplity that eWFtS lei i5engagedrry-1 t�iz enter inte a hedging centreet and related security and in5UfaM egrF.efftent.S in relatien t5 ••l Bill naturalgas, eewi r mueleaE fuel a-ftd A- Futures Trading s#ear-and the Seeurities and Exehange Gemmissien. 14 chapter,this • 03,) a re4;pally ewned e reetrre--e-r 985 utility undera hedging eantraet er Eelated agreeffie n t in relatien t e fuel _E fu-e_ expense, amel the utility may eredit any ameunts it utility or the body vested with power to manage and operate the munieipally e'med-eleetreefg5 Utility May Set pel 1 ey - '. --�-- g w_d _ ... �l -1 l -7- ~'7 �'7-~"7 L e r X11 T "hedging" q fthisection, oil, natural qa5, eeasay-Fraeear feel-, aTd-eleetrie energy futures er options or similar contreets an these eemmedit4�e5 and related transportation costs as a protection 8gBin5t 1053 dUe to prie-e f et at Added by Aets r46th Leg. , • rSee. r • Sept. r . Acts rr����nn�� r . , . r r ► • r ZflQT. See. 2256. rl2027 . MUNICIPAL FUNDS F.p(9M MANAGEMENT A' ME1T ND DEVELOPMENT E PTOPMLNT 8F MrI-NERAn RIGHTS; (aj Twradditien-te 6th" investments autheriEed under this a eipality may invest r fer r ga5, or other mineral develepment in any tnvestment authorized t-obe made by a tfU5tee under Subtitle B, Title 9, Pr-eperty Geele (Texas Tv 2A a)-) Funds A;nvested by - . -. pality under this sectien shall: be Added by Aets 2909, Olst beg. , R-S. , S.B. 894) , See. 1, eSeptember `s A DIST- IGT-S. l e l 7 n this "d �lr�,e„ r C a 7 STrGTrr�� S�"t�eTl�LTSs��l�_ -9 a rArticleror Section 591, Artiele ► Texas y u l in sTdditt9n t8the--authorized investments permitted by this 5ebehapter, a pert-,aEelistriet may perehase, ell, and xnvestrtsfund3 and funds 4TdE-i its eantrv-riTr-negotiable eertiiieate5 ef depesit�-rssiicc the- equivalentenally reeegmi2ed eredit rating ageney s E that i s asseeiatedrth a- helding eempany having-aeemmeteia-lpapEr- rating ef at least A-3--, P I, or the equivalent by a national!, -e-egnized eEedit rating agency. Added by Rets 2911, 82nd beg. , . , . , See. , . September r 2911. S___ 2256. 02047 UT-11f1R77.TED T YESTMlENTS: 1NIMPENE) 'ENT SGI109b DISTRIrm[S, W Tom, a.h ct It tt \teI corporate bondMean5 a 5e...'-. --red debtebligatxex-issued by a-defne5tie-bu5i Less rand ratednetlewe= the "AA " firm The term does not include a debt obligatien t seekholder er shareholder in the entity, er any affiliate-,e entity,of the that issued the debt obligationt er R-) *is an unseeufed debt ebIA:qatien. �L l►+! This section applies only to an independent 5eheel distriet that fei in adelition to authorized investments permitted by thi7s stbehapter, -an independent seheeldistriet subjeet to-this -eet-en may purehaser5e,sell, and invest itsfunds mzsriiinds enderstSeentrel in rat the tifne of purchase, investment rating firm nAA n or the equivalent and have estated final maturity that 4.9 net later then the third annivensary of e { An independent s"eheal dist3i-t5ubje t-9 this seet'LOR is met autherized by this section. te,, invest in the aggEegate more then 15 percent of its monthly 1 I! r.p5y t1q_ rves, and er fund held feF the ef bt RL) �yr-1-� service, r ar invest more tha 2-JpercentDT subsidiaries and affiliates of the entity. W An independent 5ehool distriet stbject to this section may puEehase, sell, and invest it5 funds and funds under its contrel in Cir u".'--°'d 4-t-5 investment poliey to authorize bunds as an eligible investment; R4 adepts precedures to provide for W monitoring ratimg changes in comp-o-amte bands acquired with public funds; and f 1 1*+! dating the investment in f and 1 V identifie5 the funds eligible to be invested 'LIL L-U.LFU.L=t�, lFThe investment effieer ef an independent 5ehoel 4-4 �� yii�p district, acting en behalf G3'lZ d�striet, shall sell earparate hands in which th-i! distfiet has invested its funds net later then the seventh clay after the �T7 issue_ a release that places the cerporate bonds or the BRQ-5T*ra businessentity that --=-ed the --te^or-te bends en negative eredit watch or the equivalent, if the corporate bonds are rated "Rh " or the equivalent at the time- he release isissuedt e-r RL) ehanges the rating on the corporate bends t a rating I:wwt-r thaft " AA--" er the equivalerrt-. �q4 GerpeEate bends a�e met an eligible -investment for a public T-1]TTCI-s investment Plea!r Added by Aets r 82nd . I r Sec. 1, eff. vim - 2911 .r See. 2256.0205. AnU-r-rrvr�IZED lN-a-LSx-c rrr�'S;---9Sayi srarrs-ryNI 'Qy-TRUST. n this section: W "Peeemmissiening trust" means a trust created to provi the--Nuclear Regltery G_: rr___1eal assYYa10ee thatfunds will l7 Le a 1aLl far ptEpe s e s as r equireel under 10 e. F.R. Part 50 or other similar regulation7; regardless aff whether the money i5 censidered to be public funds unde this sul5ehapter. Cbi in aelditiamto other invest-ments autherized--- th subehapter, a munieipality that owns a mmun.cipal electric titility that engaged in the d�stributiem and sale of eleetrie energy or natural gas to the publie may invest funds held—i-n adeeemmiss±eming-trust i n a n y investment autherized ]By Subtitle B, Title 97 Property . Added by Aets 2005, 79th . , . , See. 1, 29()S. See. 2256.021z EFS i.1n investment that Eting undeEth s subehapter leas--met qualify a an autherized investment during the peried the investment does not have the minimum --ti- q , An ent ty shall tale all: prudent Rea5ttfe5 that are consistent with !t5 investment pe!A:ey to liquidate an investment that doe not have the minimum ratiney-. Added by Aets 1995, . , eh. 492, , 1995. See. 2256- 922; SXPANS19N OF !NYESTPqBNT AUTMIGRITY; Expansion of �...,.ni.. ..t er shall rPf1911 rP � Yi SjF �e9 El-� �5' -- --- assessment bythie 5tate auditer or perfeEmed--at the di>=eet4:en of the--st-a auditor, subj e ta- the legislative audieammitteels a pprevel-e.E ineluding the-review in the—audit plan under &eetie=,-3z-1.013. Added by Aets 1995, 34th Leg. , , eff. Sept. 1, . fkfnemeled by Aets 2093, 48th . , eh. 385, See. 42, eff. Sept. 1, 2003. 24 See. 2266.923. fai Not leas than r the investment efficer shall prepare and stbmit to th ge fibed-ewe entity a written report of 4:nve5tmen; tEaMSaetl---- fla-) The report must., (-I-} eke s eErle—i n detail the- investment position o the date of the repert R-) be prepared jointly by all investment effieer5 of the entity; rri�x� 11-'Ientity; lir eantain a summary statement of each peeled fund group that states t�rL—. W beginning market value for the reporting lnn xt r yuJ rand JG) fully aeerued interest far the reperting peri-&&, 1SJ state the book value and market value of eaeh separately invested as5et at the end ef the reporting peried by the type of asset fund type r Kr)f 6H state the accetnt or fund or peeled group fund in the state ageney or leeal gevernment for which eaeh individual investment was aeqtired: and f,&) state the compliance of the investment portfolio of the ($) relevant pie.,visions of this ehapter. �ej The report she!! be presented not less than quarterly te the- . 3 body and the chief executive officer of the entity withi a reasenable time after- the end of the period; Sa! if an entity invests in other than meney market mutual fundsr deposit,certificates of or money market accounts or similer eeeeunts, reports prepared by the :�nvestment officers under this seetlen shall 15e- €ea teviewed at least annually by an independent audit r, and t ,. 24 Esu l t et the Eevresrshall be repefted to th- mg beely by that - t Added by Aets 19954t-h�eg:, eh. 492, See. 11eff. Sept. , 1995. Amended by Aets 199q, 45th Leg. F ch. 1421, See. 12, eff. Sept. 1, . rets 2011, . , w . , , See` 9, a ff. June 17 _T0 1T i See, 2256.924 . fe-) Ti'tC authority granted by this subehapter i5 in addition te that granted by other law Emeept a pr-evided by this subehapter dees—ire pfehl-ETir-aTinvestment -ter- -y authorized -1 other le,wt er O�-i Eeepr with respeet ta-tease-investing entities--deser+bed in investing entity, netwith5tanding any other oir e-f this chapter or y erther l-" t the -_rt_a . [zc+ -1 rr�^� that may firsttie-an investment desibad in Seetien 2256. 909 (b) are bj- the Texas Department ef Housing and Gemunity Affairs or a f-2-) �t Local Government t d an entity created under ehapter / f O-fan entity 11 7�tt } 394, Added by Aets 1995, 74th Leg. , , See. , eif. Sept. , . See. . SELEGTION GF AUTHORIZED BROKERS. The governing body ef an entity subjeet te this subehapter er the designated investment eemrtte e—ef the entity a l l at least annually/ "review rn i e::, y r s_., i� adopt a list af qualified brekers that are at2thorized to engage in investment transaetions with the entity. See. 2256.926. STATUTORY GGMPLIANGS. All investments made by entities must eemply with this subehapter and all federal state, and lee&! statue=, rules or regulations; See. 2256.051. 9 F3GT- C4'C�IG Cp"Cn - T-R �S'FT[ -. Any leeal: gevernment ma Amended by Aets 1996, 74th Leg. , eh. , , . See. 2256.952. nP 13VAT ITE)ar Netwith5tanding any ether r state ageney shali empley a private auditor if authorized by the legislative--audit oemmitteeither on the committee' s initiative--arca request of the geverning bedy of the agency; See. 2-256.953; NT FOR e.nrURITrne. nURefiJ1SSB BY STATE. The eamptraller er the disburs-ing eff�eer of an ageney that has the power to invest assets direetly may pay for authorized securities purchased from mr Seeuritles Dealers or frem or through a national or state bank on. seeerities have been parehased by the board or ageney and that the smou te be paid for the seeuri:t-' e- -- Just, due, and unpai&. A purchase of seeuri:tie5 may met be made at a price that exceeds the existing marke value ef the seeurities. 30 Amended by Aets 1995, 44th • r • f • f f r Aets r75th beg. , r See. 8 . 67, r 1997 . seeu_1-• p _eh seder this chapter -__ y be delivered e_ed a._ the __ as_-S 1 T a bank, er the beard or ag-..-., .nuesting its funds. The delivery she!! be made under nermal and reeegnized preetiees in the securities and banking ladestEiesr Bank. Amended by Aets r 74th Leg. , eh. 492, See. ► eff. Sept. r r Aets I • ► I - I r . See. 2256. 955: E)SPGSIT- OF SSEURITIES PUREHASED BY STATE. At the d_-3 r e etieneff the eemptreller er the age, this ehapter may be deposited in trest with a bank or federal re�erve b FST 4.f eh ..7... g .. whether in outside the state. The depesit shall be held in the entity' s: name as evideneed by a trust receipt ef the bank with which the securities are deposited. Amended by Aets f • I ! f f I Aets ► 45th Leg. , r See. 8. 69, eff. Sept. I APPENDIX 8— Gede of Eth*os- A RTIGL C V. CODE AC ET-HIG 01-1i zrc c-r-rrr�,— DIVISION 1. RULES OF CONDUCT See.2310. Preamble. €cw possible se"etmensT y define pfeper candue!so that these who must comply nmy understand!he rules and earry ou!iheir n - .. ... . onsistently with ihe rules. !I is recopired!hot rin such shuations, council membefssbeard meanbeFs, and employees afe eneatim9ed to keep in fnind!he ideal aFthe publie trust andie .a......1..........1......: a manneF{$ avoid the appeafaftee of improprieAy eyen where not compelled by the ru We eaunei'mefabef believes thai he/she should abstain from voting on an item to a-void the appeamilee ef imprep&-ty.as eneeumged by this eede of eth 9 es Ordinance,or who in diseussing or vaiing on an issuci unable!a inke an unbiased t The city recognives that eity eatfneil members are alse members of ilte seeie!y and,dierefere,eanno*and eouneil fnemben Fein-in their iights as citizens io ifoefesi!i ofa pefsenal or eeeneinie naiure and their rights to t e-iy eaune-I membefs may not use ilteir posiIians in dealing with die city manageemployees!a adyaHee their personal eceneinic P , interest,their fain i eeenemie which they have a substantial intefest. (Ord.No.23772, 41,9 21 1999;Ard.No.9=9179,x 1,c 1 2 2009;Ord.No.028271 $2,a 18 2009+n_a Ne 029428,�r 27 12) See.'_zi 1. i _7 isf.a�.0rds. • C.. .l.. :d.. (2)Yeu shall not gran!any speeial eatisidermien,treatment or advantffp 1e any person or group beyon that whieh ir,available to others generally (3)(a)Yeu shall not use e:iy rpersennel, officers,equipment or supplies fat!purperses unrelated to the fnafshals fney wear their eiiy issued uniforms,badges,and oiher uniform a empleyffieniT uniforms,badges, and otherunifena T and tise iheiF eity issued radios an appFaved off-duty fire wateh efnploym p-. a (4) Unless you are a couneil member;you shall not use!he prestige oFyour position with the city Oil behalf of any policieal pofty or cause. (5)You shall mai"la:"appfopti 9 with other effieials,employees,eusiamefs, , and individual iees kafn You OF youf afgaftmaiianal unk,and shall no!use yew , .tan!a eagage in any inappropriate Personal relationships. -by way of giR favor, loan or aiherwise the!fnigh!reasanabiy lend !a influenee you in ffie dischuge efyouf offleial dmies or whieli yau knew or should have known wns oRred widt die intent to _n. _ or re _a 8 wedding± r , riiiness, denth,or holiday,provided thai ihe-value of the gift fisfeimbursement ef expenses,for-travel in eieess of authorized fates undeF eity pal-ey will be tresied as a pemonal gift to the official or employee for any applieable fepo award or reward is rmsenablein light oF flie aceasion and it is not pFohibiIed under Texas Code Seetion 36.08(Gifk w Publie Servant by Person Subjee!to His ; (4)A loan fiam a lending infitimiott made in its regular eaurse of business an flie gorne ierms (5)A scholarship or fellowship awarded an the saine tenns and based on the same efitefin the!are applied 1e other applieanE, (-7-)Admission to an event in whieli the eity offleial or employee is partieipwing 4 fi eanneetoon with his or her r position; , panel diseussion,dinner,vie or similar evem,oRred by!be sponsor ef the event and unsolieked by the eity oFfiewal of: �+ i}� : (A)!hv oFficial or employe !he even!a S speaker or panel partie-pant by (B)the offleial or employee pefforms a ceremonial funeii to that ,, event,10)Admission to a ehnnty event pr-oAded by the sponsor of the rufflished to all sr duties, in whieh you or ofte oF your relatives have a- / official (ii) Abstain fiem any vote or deei-sion (i:;)Net paftie-paie in any discussion an!he fnatier wiIh membefs of the eouneil,the city manager,or city employem (a) ro theif duties realsoledd le eentmet or business it-anseetion in which you aft ene of your,relatives have&eenflie [p lF cemply with(?;(A)fis seen 85 you beeeme aware that you htive or should have been itwore flint you have [n7 1 ff eapeeity, $ famber of the eky 1 baord of P or any eiiy employee you are dealing with thom you -iiies or l�7Y-eu shall not e F1 be�,,i�^^'^' wifli die full and preper dis I _ 6 fflei Eil dufies,impair your independent judgmem im the perfbnnonee of your duties,or fefleet diseredk upon the eiiy-. dwies 7lCfion odvefifl h-mv EYij- 1 federal,erteept as fequifed by low execution oF pfogm!vls mime,(IS)You shall not engage in any Niony 1 !he!refleet.. .J:..ere.J:i a the e member; !be City of Gerpus Glifisii. alibeindependembeaMpFeeessa aeouneil !you shall not speak befbre any city1 {�8}As a eeuneil member-,yeu shall ne!sive any orders w any empleyee exeept through the eity muftam as pmyided by the City Charter, 3 (19)Asa couneil HiembeF,yeti shall not panie-ipaje in the process For the appointment OF or!he eenfinnation of!he appointment eF a member!a a board,commission or commiIiee of the eity,or to (l) 1 1sie La (2) is youF empkIeF. , Texas Leee Govemment Code)whieh is your empleyen,or (4)Owns ien(19)per eent BF MGFe af the Yet' Of a business entity m-hieh ir,yew emplayen tw "�ti rsio for beiartfi►tcVtTbo.4' (20)As a beard member,you shall fie!haye a substamial iniefes!in any contraet with the eity in whieh I the eky depamment felated thereie,has jutisdiefien. board,your ea ,!he eily , employee,or any beard which has appellmejurisdietien(2-2)As an employee you shall HABI 118mve OR iWeFeSI IIR ih flie e:iy.This pFohibiIien does tie! inelude any empleyment contract whieh may be ott&mimd for the manager,(23) Unless previously recommended by the eiiy and approved by!he eihies commission, employee, as an yeu shall ,within twelve(12)unenths afier leaving My 9 fepreseng any other(24)As an employee,you shall no& represent OF appear-an behalFeF till I i i - i ofethefs before th eauneil of any beefd,ceminission or eemm'itee oF!he eky.(This rule does not prohibit you rfo appeaFing on behelFaFyouF own finaneial imeres!even though others may have the some or a similar (25)As )u may no!be employed by any business or individual who has business deafinpMilt of Fef youF 1 department, f P unl esTIr1, city's f OF to pmvide delails of any (n_.1 A1. 20401'1: f 9 19 1 .20913, f 9 , .- rf �4'ff 9 Ord. 11 1nnn, n_ 'N 94617 Y 1 1 10 n Inn 1;n_a a1...025469/ 11 c .9.5 9004;n_a w1_.0746091 k 1, 1.1...0281901 19 2909; l.l Ne 0_8_71 Y 2,Q 18 2009;Gfd.Ne.02941—&,4 11 4 94 2012;n_J No 029464 � 1 ]) „„te� 2 312. DeFinitlems. &aFdmjembei=A mefnbeF efORY beard,eemmission ar eammittee ofihe city, including the board of 4 sobsiantial ar f ! ! ,fill 5 abRity to make an impartial deeision; &-onigode befiefif-i An action tha! is likely to offeet an eeenofnie intemt if it is likely(a have an eMet a il'1e1'Ce Entpki�ivv. Any pefsen employed by the / t including part-tim 0 1A•1• '• '"imeres!whieh is shared by and available ta" / lr1 oky eF is less than me hundred dellafs e 00.00)in or �]An amraciorwhieh has ? l"1 city,is ^^��^^--rr t and is not ubterfuge to eireuinvem eerie of he n (4)-M eminew domnain pfevided that the piepefty must be oequired For a publie purpose and jus! must be paid under the Texas Constitution a fier obtaining an independent appmim-16 fiiv• Spouse, f 1 / t 1 /Nmher in / mother in 1 brothef in 1 sister in /son in 1 some as natuml Felatienship& ".J B mere efvefifig sieek er-shems of!he business enthy or owns ten(10)pef een!er more or five ihousand dollms W of mere of the Wrmarket value oF!he bu Funds received from ihe business eniky t ''-.^.. tie! •'' amuket value of two thousand five hundred dollars(52,500.00)or mom. 1I9..i AI.. 20741T ff 919 1999; Ord At, OHM 170, § 2! C 12 3009;! '! A. 028271, 3, y 18 2009y,n_J L. 11304185f. 177 9�� See.2 @17. Me!..P..t..1.. iefti vivi'oiivn ! benrd member or employee to member, by tit oily Wess the ae6e"would not lift-ve bee"approved wiflieu!she voie oRhe persort who vielaied the rules of (Ofd.No.1018 r n r O]'7 (Ofd. • See.2 314. Eieeptions to obsienuien requirement; ng ions,-din rule 7 of&he fules a F eanduet she!!nei apply in the followings ituat .te a: ..1.. ..C.. r-Ri;fliei..P: m.OF1 the .,s and .la beFeq ...E to absiaim,'e f (b)On the RitM Fraen-sr rd^^ {OivNo.207r 4 t,n 19 Ioro) Cress reference—Rimes&Feeflduet,-4 F� • . member,board membef er employee,te exefei5e his ef her-righ!Of eYpFeSS*BH undef 6L.S-.eF T-ex Cons crsadef Is, t o 10 1989) • . SffE3vft-ilHfl . fA Fwgh-lep-04 J".1 if,with respeel ie any eliem,tit pefsea engages in 1..4.1...:......,..:.:.:...- P .....«' I.I. Tor. (1)hkftiht maleft A person who owns,publishes or:9 emp'oyed by. (A)it newspopef; }a radie statien; (D).. .,.1,,..:.:,.. . .:..., bons fide news medium thei in the erdinary eeame of business disseminates Fkewr, a r go-vemme.....1 bed. ........a the..:.., (44 Unlatatep mmitieOid qtte�fitqny. A person wile does tiet know and haS He Feasen ie kinew ihai-w CSE} no!Yew on OF haVL- final autherky ever any meHie'-pal question involved mid se lefkg s5 ski 6 one eyeamplies with Rule 4.02 of oheTemes Diseiplinary Rules OPFOfessional C-8FIdue!,Rs- &Aseetiom B.Defff tWeyom The Following w....d..and..h Faces have the meaning asefibed to Tt..,.., ... this se..,:a« Unless Tl.e.. .,serf fequiFes ether-wise; (a)C-ii);offiehilineans die members of the e ty couneil,city manager,deputy and ass siant committeejudges,and all members efany4m,4'. of the eit..,:....t.d:....,4.e beard.•.0 (b)acm means any person en whose behalf lobbying is eanducted. in die ease ef a eealitien e MHIM.. :...:.,., a..d nP-f:f.. :..d:..:dual. ...{eFs 4 , faem lily OF other,thing of value oF flmanelall h-P-AP-F4, shal 1 s person making bhe paymem.Compensaiien does Fie!inelude the financ-iiii gain that a peFSOF1 May "e�a5 @ ,unless!hot gain is in ihe Farm oFn eanfingent Fee (d)LeWer FB a eity effieial, qI,u+ , , ,alb a�a� l befbFe eity eeuneil or any beard or rineluding bui net limited ie pmpesed flcti r +in the FeFFn oFefdonaftees,resolutia • eammendations,repam, fegulafiensr r r + Efflefiens, r ofiensor-ea.-- 11-IMM FRURieipal quesiien does no! inelude die day ie e r + +admIn siratAor oFeity programs and policies rubseeei m G Reghiifdihm. (e) A regisiration fen"sholl be eempleted and filed by a person required to filie (e)The fe&tratieti Miall be on Ek form preseribed by ih and sliall r tG (�� 44w full name,phone numbef,pefmanent address,and numfe aFthe business efi C�7 tile regisimm the client Finn fbp the ith i mtd + l QA �( repistram shall file an amended a1w,.. \M!•• y d w1•n et (e)A mgisifant may file a teminafien of registraiion when no longer required to mgi (Ofd 1.[.. 73772 7P4 O 91 1999) • Sees.2-314 2 319. Reserved-. APPENDIX ReselutieR Approved and investment StFategies fer fiseal year 2016 2017. {A141GQEAC, r,,,the Gity of Gers Ghristi's investment Pei e.. and inyee.te,..ee.t 022390 a [^T 24,, 1995; 1t HEocec the Texas b„hlie C„ndr, lRyestment Aet r n the g a hedy e)01�6 en Nevember-16, oesel„tier, Ne nvavm en ne,e,eFnbe F 16, 2946; and ftGal YS 2016T2017 nn Ae. embe► 18, � with , , , TheFefer—e, be F 'r . Ceetia,n 11 The Gity Toi,r,eil hetes reteiemted the Gity of Gero,,s rhOsti's Int, epT 2016 291:7.—A eep�yell Im Gity of Born„s Ghricti'o Inyesnment P.vlinti, inWhinh snntas the separate investment is StFategiies, ,, this re celtien as Exhibit A and iS iete this Feselution a if set out he►e i ito e►,ti►et,• Sestion With an updated issuanee date that GGiRsides with the d-ate this PP-q�A-1-UNCGR i-S • , passed, the ty FeaffiFms the Gity ef Ger-pus 2n1a201 �r strategies in full forr+e ane- effeet A TTC @ T. 7'ti'1"1'L�r CITY OF CORPUS CHRIST! 7 f The abeve r-eselut on was passed by the fellevARg veW. Isar. Me—ueen Rudy Gama akk RAinha.,,�..l++L,,...1,,u..��teF jee MG Nit. Ben Me {p Wee Crni4h m Gafelym Vaughn 2471 A nT9TTGTTP77vi 0 APPENDIX D Corpus Christi Gode of Ordinenees Ghapter 39 Personnel Arfiele 1 In General See.39 14. Legal..1 def n d :..de.....se:...•s....of elty affl...._..mW es. (a)Defittifimis. For the pofposes of Raisseetion the tem n 1. effi6al of the eimy;and flie tem"employee" r whether under eivil riReluding firemen and palieeknen,and shall iRelude autherized valuateers, velumeeF program approved by the eity manager. whe is liable f9F!be payment oF any elaims oF damage arising ..r..f the..a...... and seepa 9-�ew....lepne..r .4...11 ke e..r:rled r..:«de.....:i:....r en 4...rl.e Sky.......:ded that*he sets or emissiens r-e ulting in sueh liability were done in geed Faith and without inalkieus e felantaus the iefme • For the purposes afthis 9 emplernent1 employee is engaged in outside emple"nent OF iS FendeFing eenvoetual seFyiees to semeene eflier!hen ,.Ls.. SVI...rl.e.rl.o....1........e done 7.v good f:.:rl. ...:d.....r .....I:..:....A of f:.l....:......:..•e..r ....d..,:d.:.. d....+....��.. r r and scope efempleyinen!Aall be determined by the r and sueh Mo.n-FIld.-RM shall be Final for th + 7 + mpmsentation and indemnity have been denied by flie eimy, ifupen a ifi I-R.Fl.uhm m.0—Fits!he eity deiennineS faith, :rt.....a.�..J: ..felonious ..rem«..d within+1... � suit eReted Milieu! and the eky fese-ver,the right to assert any defease and make any seitlemem r venutdom im aetiopi-.v. The eity she'! hfive the right and duty te provide legal repfesengafien!kHmIgh dweity ' r oF in its&ereflen thffiUgh the seleefien of outside al r ..r4.e.a .:1 ....r:e..against S ..1. .. f indemnifleation 25 se! forth in this seeiian.Sueh legal fepmentation shall be prmided a!"a east to ih tke-seleexpens time a-Mle-ew off emp!eyee.Theo Meer or employee shall eeBPL'FHte fully w kh the eky case, em�leyeer s Fight to fepFesentafien and indemnity under-;his seefien. (d)0049 deftnie.v, NeIhing in this seetion she!'1 be eenstmed its weiving the 6 i y' For any suk or claim arising under!he as Ton Gems Aet,!he indefnit4y provided by-this ..•:.... shall be 1:...:...a to •applicable to the - . P as amended The provisions of!Ms seetion sholl apply only where!be city has been given notiec oF the netion (e)Afedee' �'r^-�-'r V! day- eFpr-eem upon the offieer or employe (4)Dhwiplimaq awiomv. Nothing in this seefien shall prevent the oky ftem taking dirwiplinary any offieer of:employee FOF conduel defended or indemnified by the eity under!his f ..f:...... ..1...-:,... ..C.l...e .:1 \O/ oF Sainst him eF her in suits by or on behiliferille Thr employee. (n.d No I4190 4 1 r 17 1979. Ora 1.1_ 17967 4§ 1 's 19 a 1993. Ort ►.1_ 199ez � 1 7 11 1987;CWd_ Ne• 19864, .r 1,7 71 1997) Ems note _ t;ame.l..numbered 4 3946, EXHIBIT B North Padre Island Development Corporation Investment Policy and Investment Strategy Adopted August 21, 2018 TABLE OF CONTENTS I. POLICY STATEMENT...........................................................................................1 II. SCOPE................................................................................................................1 III. PRUDENCE........................................................................................................1 IV. OBJECTIVES......................................................................................................2 V. LEGAL LIMITATIONS AND AUTHORITIES ...........................................................2 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY.........................................2 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS ...................3 VIII. AUTHORIZED INVESTMENTS..........................................................................4 IX. COLLATERALIZATION........................................................................................5 X. SAFEKEEPING ....................................................................................................5 XI. INTERNAL CONTROLS.......................................................................................6 XII. REPORTING .....................................................................................................7 XIII. DEPOSITORIES................................................................................................7 XIV. INVESTMENT POLICY ADOPTION ...................................................................7 XV. INVESTMENT STRATEGY .................................................................................8 XVI. GLOSSARY ....................................................................................................10 APPENDICES A. TEXAS PUBLIC FUNDS INVESTMENT ACT............................................................12 B. RESOLUTION...........................................................................................................49 i NORTH PADRE ISLAND DEVELOPMENT CORPORATION INVESTMENT POLICY AND STRATEGY Adopted August 21, 2018 This Investment Policy sets forth the specific policies and guidelines and general strategy for the investment of funds of the North Padre Island Development Corporation (the "Corporation") in order to achieve the Corporation's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the state statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 (the "Act") to define and adopt a formal investment policy and strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the Corporation that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the Corporation. The receipt of a reasonable yield will be secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the Corporation. II. SCOPE This Investment Policy applies to all the financial assets of the Corporation. III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, notforspeculation, butfor investment, considering the probable safety of their principal as well as the probable income to be derived. 1 IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: safety, liquidity, diversification and yield. a. Safety: The preservation and safety of principal is the Corporation's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. b. Liquidity: The portfolio shall remain sufficiently liquid, and retain a liquidity buffer,to assure that the Corporation meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high-credit quality securities will be used for their marketability. c. Diversification: The Corporation will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. d. Yield: The portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the Corporation. V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with these statutes. In addition, investments shall conform to all financial indentures and trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY a. Corporation Board The Corporation Board has ultimate fiduciary responsibility for all funds. The Board is responsible for reviewing and adopting the Investment Policy and Strategy on no less than an annual basis. The Board has resolved to designate the Investment Committee of the City of Corpus Christi and the authorized Investment Officers of the City of Corpus Christi as the Corporation's Investment Committee and Investment Officers, respectively. The Treasurer or Assistant Treasurer of the Corporation Board will coordinate with these Investment Officers on all strategy and purchase decisions to provide cash flow 2 requirements. This will provide efficiency and cost effectiveness but retain control of investment strategy and final decision-making by the Corporation. The Board shall receive and review quarterly investment reports from the Investment Committee. b. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results. The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the portfolio. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Investment Policy and Strategy to the Corporation Board. The Investment Committee will review quarterly investment reports before submission to the Board. c. Investment Officer The Investment Officers will be responsible for the daily operations of the investment program and provide complete reports to the Investment Committee on a quarterly basis. The Investment Officers will retain all documentation on investment transactions and will direct the settlement and safekeeping of securities in accordance with any controlling Indenture of Trust. Should funds be removed from Trust,the Investment Officers will settle investments into the City's safekeeping account and provide documentation of the safekeeping to the Board representatives. All participants in the investment process shall seek to act responsibly as custodians of the public trust. The Investment Officers will avoid any transaction that might impair public confidence in the Corporation. The Investment Officers may not engage in an investment transaction except as provided under the terms of this Policy. VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers the City Investment Committee has approved, and all requirements for these institutions of the City are to be met for Corporation funds. No investment transactions may be entered into with a brokerage subsidiary of the City or the Corporation's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. Each authorized financial institution and broker/dealer will be provided a copy of the Corporation's Investment Policy to assure that they are familiar with the goals and objectives of the Corporation. If material changes are made to the Policy, a new Policy will be sent. Any local government investment pools in which the Corporation participates shall sign a 3 written certification, in a form acceptable to the Corporation, substantially to the effect that the pool has: a. Received, and thoroughly reviewed the Policy, and b. Acknowledged that the pool has implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy. VIII.AUTHORIZED INVESTMENTS a. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described by the Act. If additional types of securities are approved for investment of public funds by state statute, they will not be eligible for investment by the Corporation until this policy has been amended and the amended version adopted by the Corporation Board. 1. Obligations of the US Government, its agencies and instrumentalities, excluding mortgage backed securities, with a maximum stated maturity of three (3) years. (2256.009(1)) 2. Fully FDIC insured depository certificates of deposit of banks doing business in Texas with a maximum maturity of one year. (2256.010) 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this policy and placed with a primary securities dealer. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure plan of the bonds. (2256.011) 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 NAV and specifically approved for participation by a resolution of the Board. (2256.016) 5. AAA-rated, SEC registered money market mutual funds which strive to maintain a $1 net asset value. (2256.0.14(a)) 6. Fully FDIC insured interest bearing depository accounts of banks in Texas. (2256.009) 7. General debt obligations of any US state and any political subdivision of any US state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of two years. (2256.009) 8. FDIC insured brokered certificate of deposit securities from a bank in any US state, delivery versus payment to the City's safekeeping agent, not to exceed one year to maturity. Before purchase, the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured. (2256.009) 9. A1/P1 rated commercial paper with a maximum maturity of 180 days. (2256.013) 4 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act. (2256.015) 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act. (2256.0115) b. Competitive Bidding Requirement All securities, including depository certificates of deposit, will be purchased only after at least three (3) competitive offers are taken to verify that the Corporation is receiving fair market value/price for the investment. c. Delivery versus Payment Requirement All security transactions, including collateral for repurchase agreements, shall be conducted on a delivery versus payment (DVP) basis. IX. COLLATERALIZATION As a local government corporation,the Corporation is not authorized to have collateral pledged to it for time and demand bank deposits in accordance with FDIC regulations. Time and demand deposits in any bank holding company must be limited by the FDIC insurance level. a. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the Corporation. (2256.011) It will be held by an independent third-party safekeeping institution approved by the Corporation under an executed Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement is required and the counter-party is responsible for the monitoring and maintaining of collateral and margins daily. Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the US Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any US state or US state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The Corporation shall maintain safekeeping under the Indenture of Trust, as applicable. All security transactions shall be settled on a delivery versus payment (DVP) basis by the safekeeping institution. Should funds be removed from Trust, the Investment Officers will settle investments into the City's safekeeping account and provide documentation of the 5 safekeeping to the Board representatives. (2256.005) Securities shall not be held in any brokerage account. Securities shall not be bought from the Corporation's depository in order to provide perfected delivery versus payment. The safekeeping institution shall be required to issue safekeeping receipts listing each specific security, rate, description, maturity, CUSIP and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this policy. The controls will be reviewed annually with the independent auditor of the City. The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. a. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow requirements of the Corporation. The Board will inform the Investment Officers of anticipated cash flows which will be used for cash flow and investment purposes. b. Loss of Rating The Investment Officers shall monitor, on no less than a weekly basis, the credit rating on all authorized investments in the portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Board of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating. (2256.021) c. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by the Corporation based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered CDs are owned by the Corporation, the Investment Officers shall immediately liquidate any brokered CD which places the Corporation above the FDIC insurance level. 6 XII. REPORTING The Investment Officers shall provide quarterly reports to the Board in accordance with the Act (2256.023) and containing sufficient information to permit an informed outside reader to evaluate the performance of the investment program. At a minimum, the report shall include: a. Description of each investment and depository position, b. Amortized book and market values at the beginning and end of the reporting period, c. Amortized book value and market value of each separately invested asset at the beginning and end of the reporting period market by sector and fund, d. Maturity date of each separately invested asset, e. Account, fund or pooled fund group for which each investment was acquired (as applicable), f. Earnings for the period, and g. Overall yield for the portfolio(s) in comparison to its benchmark yield for the comparable period. Market prices for market value calculations shall be obtained from independent sources. XIII. DEPOSITORIES The Corporation will use the City's depository bank or, if applicable,the depository listed in the Indenture of Trust. The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. XIV. INVESTMENT POLICY ADOPTION The Corporation Board shall review and adopt by resolution its Investment Policy and Strategy not less than annually and the approving resolution shall designate any changes made to the Policy. 7 XV. INVESTMENT STRATEGY The Corporation portfolio will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs. The portfolio is to be managed pro- actively considering ongoing market changes but is essentially a buy-and-hold portfolio. Information on expected expenditures from the Board will be incorporated into investment decisions. The overall investment program shall be designed and managed with a degree of professionalism which is worthy of public trust. The Corporation maintains separate funds as required by the Indenture of Trust. Specific strategies for each fund are as follows: a. Pledged Revenue Fund Strategy — The Corporation's Pledged Revenue Fund is an aggregation of proceeds from bond issues and tax increment revenue. The objectives of this fund are to: 1. ensure safety of principal by investing only in high-quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. ensure that anticipated cash flows are matched with adequate investment liquidity or that the terms of the secured investment agreement permit maximum flexibility for the City in making withdrawals; 3. manage market and credit risk through diversification and control of counterparty risk; and 4. attain a market rate of return commensurate with the objectives and restrictions set forth in this Policy, the Indenture of Trust, the Tri-Party Agreement, and the bond ordinance to produce a reasonable market yield commensurate with its overall low risk strategy. b. Reserve Fund Strategy — The Corporation's Reserve Fund are funds required by the Indenture of Trust to be maintained and intact throughout the life of the debt issue. The objectives of this fund are to: 1. ensure safety of principal by investing only in high-quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. ensure that anticipated cash flows are matched with adequate investment liquidity or that the terms of the secured investment agreement permit maximum flexibility for the City in making withdrawals; 3. manage market and credit risk through diversification and control of counterparty risk; and 4. attain a market rate of return commensurate with the objectives and restrictions set forth in this Policy, the Indenture of Trust, the Tri-Party Agreement, and the bond ordinance to produce a reasonable market yield commensurate with its overall low risk strategy. c. Debt Service Fund Strategy—The Corporation's Debt Service Fund consists of interest 8 earnings from the Reserve Fund. Twice a year funds are transferred from the Pledged Revenue Fund to the Debt Service Fund for the debt service payment. The objectives for this fund are to: 1. ensure safety of principal by investing only in high-quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. ensure that anticipated cash flows are matched with adequate investment liquidity or that the terms of the secured investment agreement permit maximum flexibility for the City in making withdrawals; 3. manage market and credit risk through diversification and control of counterparty risk; and 4. attain a market rate of return commensurate with the objectives and restrictions set forth in this Policy, the Indenture of Trust, the Tri-Party Agreement, and the bond ordinance to produce a reasonable market yield commensurate with its overall low risk strategy. The Corporation may combine funds for investment purposes into one portfolio while addressing all the needs of specific funds in the portfolio. The overall portfolio shall have a maximum dollar-weighted average maturity (WAM) of one year designed to meet anticipated cash flow needs. The risks in the portfolio shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the Corporation's cash flow requirements. Because the portfolio is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM of one year, the risk benchmark is established as the one-year Treasury Bill for the comparable period. The portfolio should track the risk benchmark but will naturally lag as market interest rates, which adjust daily, move. 9 XVI. GLOSSARY Agency— Federal government organizations setup for specific purposes such as management of resources, financial oversight or funding for specific purposes (ex: FNMA, FHLMC, GNMA, FHLB, FAMCA, FFCB, and TVA). They carry the implicit guarantee of the US Government. Benchmark — A recognized index or basis used to compare either performance or risk in a portfolio. In governmental portfolios, which are controlled by cash flow demands, the benchmark is used to measure risk. The benchmark is based on the primary markets used by the portfolio (US Treasuries) and the anticipated maturity of the portfolio (the WAM). Broker — A financial firm registered with FINRA, the SEC, and the State to bring a buyer and seller together for an investment transaction.A broker carries no inventory of securities owned by the firm. Dealer— Dealers carry an inventory of securities and sell from their inventory or broker trades as a broker. Primary dealers are recognized by the NY Fed and must adhere to strict financial requirements. Primary dealers transact in most markets domestically and internationally. Regional dealers are smaller firms and may focus on only specific markets. CUSIP Number — A 9-character alphanumeric code which identifies a financial security for purposes of facilitating clearing and settlement of trades. Custodian — An approved independent custodian charged with the safekeeping of securities owned by or pledged to the City. An independent custodian is one not affiliated with any pledging institution or counter-party. Delivery versus Payment (DVP) — The process whereby a custodian receives a security and verifies it is the correct security from the investor before any funds are released for its purchase. FINRA (Financial Institutions Regulatory Authority) — A self-regulated organization of broker/dealers. Instrumentality—Government agency or corporation established for a specific purpose. Investment Portfolio — Assets invested in securities and financial transactions including cash in bank accounts under authority of the Investment Policy. Securities—A fungible, negotiable financial instrument of financial value. Securities authorized by this Policy are debt instruments of the US Government or local governments. Securities Lending—A financial transaction in which securities owned by investing entity is lent 10 out on margin (for interest earnings). Ownership of the security remains with the lender. Fund from the lending transaction are reinvested for the same length of the loan providing incremental income to the portfolio. Settlement—The process of delivering a security to the new owner of that security. Settlement for book entry(electronic)securities is usually over the FedWire system of the Federal Reserve. Settlement done DVP assures the safest process because no funds are released until the security is received and verified by the custodian. WAM (Weighted Average Maturity) — The average period of time until portfolio securities mature, weighted by their book value in proportion to the total amount invested in the portfolio. 11 APPENDIX A Texas Public Funds Investment Act Texas Government Code: Chapter 2256 — Public Funds Investments Subchapter A—Authorized Investments for Governmental Entities GOVERNMENT CODE TITLE 10 . GENERAL GOVERNMENT SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT CHAPTER 2256 . PUBLIC FUNDS INVESTMENT SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES Sec. 2256 . 001 . SHORT TITLE . This chapter may be cited as the Public Funds Investment Act . Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept. 1, 1995 . Sec. 2256 . 002 . DEFINITIONS . In this chapter: (1) "Bond proceeds" means the proceeds from the sale of bonds, notes, and other obligations issued by an entity, and reserves and funds maintained by an entity for debt service purposes . (2) "Book value" means the original acquisition cost of an investment plus or minus the accrued amortization or accretion. (3) "Funds" means public funds in the custody of a state agency or local government that : (A) are not required by law to be deposited in the state treasury; and (B) the investing entity has authority to invest . (4) "Institution of higher education" has the meaning assigned by Section 61 . 003, Education Code . (5) "Investing entity" and "entity" mean an entity subject to this chapter and described by Section 2256 . 003 . (6) "Investment pool" means an entity created under this code to invest public funds jointly on behalf of the entities that participate in the pool and whose investment objectives in order of priority are : (A) preservation and safety of principal; (B) liquidity; and (C) yield. 12 (7) "Local government" means a municipality, a county, a school district, a district or authority created under Section 52 (b) (1) or (2) , Article III, or Section 59, Article XVI, Texas Constitution, a fresh water supply district, a hospital district, and any political subdivision, authority, public corporation, body politic, or instrumentality of the State of Texas, and any nonprofit corporation acting on behalf of any of those entities . (8) "Market value" means the current face or par value of an investment multiplied by the net selling price of the security as quoted by a recognized market pricing source quoted on the valuation date . (9) "Pooled fund group" means an internally created fund of an investing entity in which one or more institutional accounts of the investing entity are invested. (10) "Qualified representative" means a person who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) for a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) for a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) for an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool; or (D) for an investment management firm registered under the Investment Advisers Act of 1940 (15 U. S .C. Section 80b-1 et seq. ) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. (11) "School district" means a public school district. (12) "Separately invested asset" means an account or fund of a state agency or local government that is not invested in a pooled fund group. 13 (13) "State agency" means an office, department, commission, board, or other agency that is part of any branch of state government, an institution of higher education, and any nonprofit corporation acting on behalf of any of those entities . Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995; Acts 1997, 75th Leg. , ch. 1421, Sec. 1, eff. Sept . 1, 1997; Acts 1999, 76th Leg. , ch. 1454, Sec. 1, eff. Sept. 1, 1999 . Sec. 2256 . 003 . AUTHORITY TO INVEST FUNDS; ENTITIES SUBJECT TO THIS CHAPTER. (a) Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized under this subchapter in compliance with investment policies approved by the governing body and according to the standard of care prescribed by Section 2256 . 006 : (1) a local government; (2) a state agency; (3) a nonprofit corporation acting on behalf of a local government or a state agency; or (4) an investment pool acting on behalf of two or more local governments, state agencies, or a combination of those entities . (b) In the exercise of its powers under Subsection (a) , the governing body of an investing entity may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U. S .C. Section 80b-1 et seq. ) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control . A contract made under authority of this subsection may not be for a term longer than two years . A renewal or extension of the contract must be made by the governing body of the investing entity by order, ordinance, or resolution. (c) This chapter does not prohibit an investing entity or investment officer from using the entity' s employees or the services of a contractor of the entity to aid the investment officer in the execution of the officer ' s duties under this chapter. Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg. , ch. 1454, Sec. 2, eff. Sept. 1, 1999. 14 Sec. 2256 . 004 . APPLICABILITY. (a) This subchapter does not apply to: (1) a public retirement system as defined by Section 802 . 001; (2) state funds invested as authorized by Section 404 . 024; (3) an institution of higher education having total endowments of at least $150 million in book value on September 1, 2017; (4) funds invested by the Veterans ' Land Board as authorized by Chapter 161, 162, or 164, Natural Resources Code; (5) registry funds deposited with the county or district clerk under Chapter 117, Local Government Code; or (6) a deferred compensation plan that qualifies under either Section 401 (k) or 457 of the Internal Revenue Code of 1986 (26 U. S .C. Section 1 et seq. ) , as amended. (b) This subchapter does not apply to an investment donated to an investing entity for a particular purpose or under terms of use specified by the donor. Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995; Acts 1997, 75th Leg. , ch. 505, Sec. 24, eff. Sept . 1, 1997; Acts 1997, 75th Leg. , ch. 1421, Sec. 2, eff. Sept . 1, 1997; Acts 1999, 76th Leg. , ch. 62, Sec. 8 . 21, eff. Sept . 1, 1999; Acts 1999, 76th Leg. , ch. 1454, Sec. 3, eff. Sept . 1, 1999 . Amended by: Acts 2017, 85th Leg. , R. S . , Ch. 773 (H.B. 1003) , Sec. 1, eff. June 14, 2017 . Sec. 2256 . 005 . INVESTMENT POLICIES; INVESTMENT STRATEGIES; INVESTMENT OFFICER. (a) The governing body of an investing entity shall adopt by rule, order, ordinance, or resolution, as appropriate, a written investment policy regarding the investment of its funds and funds under its control . (b) The investment policies must : (1) be written; (2) primarily emphasize safety of principal and liquidity; 15 (3) address investment diversification, yield, and maturity and the quality and capability of investment management; and (4) include: (A) a list of the types of authorized investments in which the investing entity' s funds may be invested; (B) the maximum allowable stated maturity of any individual investment owned by the entity; (C) for pooled fund groups, the maximum dollar- weighted average maturity allowed based on the stated maturity date for the portfolio; (D) methods to monitor the market price of investments acquired with public funds; (E) a requirement for settlement of all transactions, except investment pool funds and mutual funds, on a delivery versus payment basis; and (F) procedures to monitor rating changes in investments acquired with public funds and the liquidation of such investments consistent with the provisions of Section 2256 . 021 . (c) The investment policies may provide that bids for certificates of deposit be solicited: (1) orally; (2) in writing; (3) electronically; or (4) in any combination of those methods . (d) As an integral part of an investment policy, the governing body shall adopt a separate written investment strategy for each of the funds or group of funds under its control . Each investment strategy must describe the investment objectives for the particular fund using the following priorities in order of importance : (1) understanding of the suitability of the investment to the financial requirements of the entity; (2) preservation and safety of principal; (3) liquidity; (4) marketability of the investment if the need arises to liquidate the investment before maturity; (5) diversification of the investment portfolio; and (6) yield. 16 (e) The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies . (f) Each investing entity shall designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state agency, local government, or investment pool as investment officer to be responsible for the investment of its funds consistent with the investment policy adopted by the entity. If the governing body of an investing entity has contracted with another investing entity to invest its funds, the investment officer of the other investing entity is considered to be the investment officer of the first investing entity for purposes of this chapter. Authority granted to a person to invest an entity' s funds is effective until rescinded by the investing entity, until the expiration of the officer ' s term or the termination of the person ' s employment by the investing entity, or if an investment management firm, until the expiration of the contract with the investing entity. In the administration of the duties of an investment officer, the person designated as investment officer shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person ' s own affairs, but the governing body of the investing entity retains ultimate responsibility as fiduciaries of the assets of the entity. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing entity. (g) Subsection (f) does not apply to a state agency, local government, or investment pool for which an officer of the entity is assigned by law the function of investing its funds . Text of subsec. (h) as amended by Acts 1997, 75th Leg. , ch. 685, Sec. 1 17 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be an investment officer for the commission under Subsection (f) if the officer or employee is an investment officer designated under Subsection (f) for another local government . Text of subsec. (h) as amended by Acts 1997, 75th Leg. , ch. 1421, Sec. 3 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be designated as an investment officer under Subsection (f) for any investing entity other than for that commission. (i) An investment officer of an entity who has a personal business relationship with a business organization offering to engage in an investment transaction with the entity shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the investment officer ' s entity shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity. For purposes of this subsection, an investment officer has a personal business relationship with a business organization if: (1) the investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5, 000 or more of the fair market value of the business organization; (2) funds received by the investment officer from the business organization exceed 10 percent of the investment officer ' s gross income for the previous year; or (3) the investment officer has acquired from the business organization during the previous year investments with a book value of $2, 500 or more for the personal account of the investment officer. (j ) The governing body of an investing entity may specify in its investment policy that any investment authorized by this chapter is not suitable . 18 (k) A written copy of the investment policy shall be presented to any business organization offering to engage in an investment transaction with an investing entity. For purposes of this subsection and Subsection (1) , "business organization" means an investment pool or investment management firm under contract with an investing entity to invest or manage the entity' s investment portfolio that has accepted authority granted by the entity under the contract to exercise investment discretion in regard to the investing entity' s funds . Nothing in this subsection relieves the investing entity of the responsibility for monitoring the investments made by the investing entity to determine that they are in compliance with the investment policy. The qualified representative of the business organization offering to engage in an investment transaction with an investing entity shall execute a written instrument in a form acceptable to the investing entity and the business organization substantially to the effect that the business organization has : (1) received and reviewed the investment policy of the entity; and (2) acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the entity and the organization that are not authorized by the entity' s investment policy, except to the extent that this authorization: (A) is dependent on an analysis of the makeup of the entity' s entire portfolio; (B) requires an interpretation of subjective investment standards; or (C) relates to investment transactions of the entity that are not made through accounts or other contractual arrangements over which the business organization has accepted discretionary investment authority. (1) The investment officer of an entity may not acquire or otherwise obtain any authorized investment described in the investment policy of the investing entity from a business organization that has not delivered to the entity the instrument required by Subsection (k) . (m) An investing entity other than a state agency, in conjunction with its annual financial audit, shall perform a 19 compliance audit of management controls on investments and adherence to the entity' s established investment policies . (n) Except as provided by Subsection (o) , at least once every two years a state agency shall arrange for a compliance audit of management controls on investments and adherence to the agency' s established investment policies . The compliance audit shall be performed by the agency' s internal auditor or by a private auditor employed in the manner provided by Section 321 . 020 . Not later than January 1 of each even-numbered year a state agency shall report the results of the most recent audit performed under this subsection to the state auditor. Subject to a risk assessment and to the legislative audit committee ' s approval of including a review by the state auditor in the audit plan under Section 321 . 013, the state auditor may review information provided under this section. If review by the state auditor is approved by the legislative audit committee, the state auditor may, based on its review, require a state agency to also report to the state auditor other information the state auditor determines necessary to assess compliance with laws and policies applicable to state agency investments . A report under this subsection shall be prepared in a manner the state auditor prescribes . (o) The audit requirements of Subsection (n) do not apply to assets of a state agency that are invested by the comptroller under Section 404 . 024 . Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 685, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg. , ch. 1421, Sec. 3, eff. Sept . 1, 1997; Acts 1999, 76th Leg. , ch. 1454, Sec. 4, eff. Sept . 1, 1999; Acts 2003, 78th Leg. , ch. 785, Sec. 41, eff. Sept. 1, 2003 . Amended by: Acts 2011, 82nd Leg. , R. S . , Ch. 1004 (H.B. 2226) , Sec. 1, eff. June 17, 2011 . Acts 2017, 85th Leg. , R. S . , Ch. 149 (H.B. 1701) , Sec. 1, eff. September 1, 2017 . Sec. 2256 . 006 . STANDARD OF CARE . (a) Investments shall be made with judgment and care, under prevailing circumstances, that a 20 person of prudence, discretion, and intelligence would exercise in the management of the person ' s own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: (1) preservation and safety of principal; (2) liquidity; and (3) yield. (b) In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1) the investment of all funds, or funds under the entity' s control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and (2) whether the investment decision was consistent with the written investment policy of the entity. Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept. 1, 1995 . Sec. 2256 . 007 . INVESTMENT TRAINING; STATE AGENCY BOARD MEMBERS AND OFFICERS . (a) Each member of the governing board of a state agency and its investment officer shall attend at least one training session relating to the person ' s responsibilities under this chapter within six months after taking office or assuming duties . (b) The Texas Higher Education Coordinating Board shall provide the training under this section. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) An investment officer shall attend a training session not less than once each state fiscal biennium and may receive training from any independent source approved by the governing body of the state agency. The investment officer shall prepare a report on this subchapter and deliver the report to the governing body of the state agency not later than the 180th day after the last day of each regular session of the legislature . 21 Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 73, Sec. 1, eff. May 9, 1997; Acts 1997, 75th Leg. , ch. 1421, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg. , ch. 1454, Sec. 5, eff. Sept. 1, 1999 . Amended by: Acts 2011, 82nd Leg. , R. S . , Ch. 1004 (H.B. 2226) , Sec. 2, eff. June 17, 2011 . Sec. 2256 . 008 . INVESTMENT TRAINING; LOCAL GOVERNMENTS . (a) Except as provided by Subsections (a-1) , (b) , (b-1) , (e) , and (f) , the treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a local government shall : (1) attend at least one training session from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government and containing at least 10 hours of instruction relating to the treasurer ' s or officer ' s responsibilities under this subchapter within 12 months after taking office or assuming duties; and (2) attend an investment training session not less than once in a two-year period that begins on the first day of that local government ' s fiscal year and consists of the two consecutive fiscal years after that date, and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of 4he local government. (a-1) In addition to the requirements of Subsection (a) (1) , the t2easurer, or the chiof financial 'o&ficer if the treasurer is not the chief financial officer, and the investment officer of a school district or a municipality shall attend an investment training session not less than once in a two-year period that begins on the first day of the school district ' s or municipality' s fiscal year and consists of the two consecutive fiscal years after that date, and receive not less than eight hours of instruction relating to 22 investment responsibilities under this subchapter from an independent source approved by the governing body of the school district or municipality, or by a designated investment committee advising the investment officer as provided for in the investment policy of the school district or municipality. (b) An investing entity created under authority of Section 52 (b) , Article III, or Section 59, Article XVI, Texas Constitution, that has contracted with an investment management firm under Section 2256 . 003 (b) and has fewer than five full-time employees or an investing entity that has contracted with another investing entity to invest the entity' s funds may satisfy the training requirement provided by Subsection (a) (2) by having an officer of the governing body attend four hours of appropriate instruction in a two-year period that begins on the first day of that local government ' s fiscal year and consists of the two consecutive fiscal years after that date . The treasurer or chief financial officer of an investing entity created under authority of Section 52 (b) , Article III, or Section 59, Article XVI, Texas Constitution, and that has fewer than five full-time employees is not required to attend training required by this section unless the person is also the investment officer of the entity. (b-1) A housing authority created under Chapter 392, Local Government Code, may satisfy the training requirement provided by Subsection (a) (2) by requiring the following person to attend, in each two-year period that begins on the first day of that housing authority' s fiscal year and consists of the two consecutive fiscal years after that date, at least five hours of appropriate instruction: (1) the treasurer, or the chief financial officer if the treasurer is not the chief financial officer, or the investment officer; or (2) if the authority does not have an officer described by Subdivision (1) , another officer of the authority. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. 23 (d) Not later than December 31 each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the governmental entities for which the person provided required training under this section during that calendar year. An individual ' s reporting requirements under this subsection are satisfied by a report of the individual ' s employer or the sponsoring or organizing entity of a training program or seminar. (e) This section does not apply to a district governed by Chapter 36 or 49, Water Code . (f) Subsection (a) (2) does not apply to an officer of a municipality or housing authority if the municipality or housing authority: (1) does not invest municipal or housing authority funds, as applicable; or (2) only deposits those funds in: (A) interest-bearing deposit accounts; or (B) certificates of deposit as authorized by Section 2256 . 010 . Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1421, Sec. 5, eff. Sept. 1, 1997; Acts 1999, 76th Leg. , ch. 1454, Sec. 6, eff. Sept. 1, 1999; Acts 2001, 77th Leg. , ch. 69, Sec. 4, eff. May 14, 2001 . Amended by: Acts 2011, 82nd Leg. , R. S . , Ch. 1004 (H.B. 2226) , Sec. 3, eff. June 17, 2011 . Acts 2015, 84th Leg. , R. S . , Ch. 222 (H.B. 1148) , Sec. 1, eff. September 1, 2015 . Acts 2015, 84th Leg. , R. S . , Ch. 1248 (H.B. 870) , Sec. 1, eff. September 1, 2015 . Acts 2017, 85th Leg. , R. S . , Ch. 324 (S .B. 1488) , Sec. 8 . 015, eff. September 1, 2017 . Acts 2017, 85th Leg. , R. S . , Ch. 1000 (H.B. 1238) , Sec. 1, eff. September 1, 2017 . Acts 2017, 85th Leg. , R. S . , Ch. 1000 (H.B. 1238) , Sec. 2, eff. September 1, 2017 . 24 Sec. 2256 . 009 . AUTHORIZED INVESTMENTS : OBLIGATIONS OF, OR GUARANTEED BY GOVERNMENTAL ENTITIES . (a) Except as provided by Subsection (b) , the following are authorized investments under this subchapter: (1) obligations, including letters of credit, of the United States or its agencies and instrumentalities, including the Federal Home Loan Banks; (2) direct obligations of this state or its agencies and instrumentalities; (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; (4) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States; (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; (6) bonds issued, assumed, or guaranteed by the State of Israel; (7) interest-bearing banking deposits that are guaranteed or insured by: (A) the Federal Deposit Insurance Corporation or its successor; or (B) the National Credit Union Share Insurance Fund or its successor; and (8) interest-bearing banking deposits other than those described by Subdivision (7) if: (A) the funds invested in the banking deposits are invested through: (i) a broker with a main office or branch office in this state that the investing entity selects from a list the 25 governing body or designated investment committee of the entity adopts as required by Section 2256 . 025; or (ii) a depository institution with a main office or branch office in this state that the investing entity selects; (B) the broker or depository institution selected as described by Paragraph (A) arranges for the deposit of the funds in the banking deposits in one or more federally insured depository institutions, regardless of where located, for the investing entity' s account; (C) the full amount of the principal and accrued interest of the banking deposits is insured by the United States or an instrumentality of the United States; and (D) the investing entity appoints as the entity' s custodian of the banking deposits issued for the entity' s account: (i) the depository institution selected as described by Paragraph (A) ; (ii) an entity described by Section 2257 . 041 (d) ; or (iii) a clearing broker dealer registered with the Securities and Exchange Commission and operating under Securities and Exchange Commission Rule 15c3-3 (17 C. F.R. Section 240 . 15c3-3) . (b) The following are not authorized investments under this section: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995; Acts 1999, 76th Leg. , ch. 1454, Sec. 7, eff. Sept. 1, 1999; Acts 2001, 77th Leg. , ch. 558, Sec. 1, eff. Sept . 1, 2001 . 26 Amended by: Acts 2011, 82nd Leg. , R. S . , Ch. 1004 (H.B. 2226) , Sec. 4, eff. June 17, 2011 . Acts 2017, 85th Leg. , R. S . , Ch. 773 (H.B. 1003) , Sec. 2, eff. June 14, 2017 . Acts 2017, 85th Leg. , R. S . , Ch. 863 (H.B. 2647) , Sec. 1, eff. June 15, 2017 . Acts 2017, 85th Leg. , R. S . , Ch. 874 (H.B. 2928) , Sec. 1, eff. September 1, 2017 . Sec. 2256 . 010 . AUTHORIZED INVESTMENTS : CERTIFICATES OF DEPOSIT AND SHARE CERTIFICATES . (a) A certificate of deposit or share certificate is an authorized investment under this subchapter if the certificate is issued by a depository institution that has its main office or a branch office in this state and is : (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; (2) secured by obligations that are described by Section 2256 . 009 (a) , including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described by Section 2256 . 009 (b) ; or (3) secured in accordance with Chapter 2257 or in any other manner and amount provided by law for deposits of the investing entity. (b) In addition to the authority to invest funds in certificates of deposit under Subsection (a) , an investment in certificates of deposit made in accordance with the following conditions is an authorized investment under this subchapter: (1) the funds are invested by an investing entity through: (A) a broker that has its main office or a branch office in this state and is selected from a list adopted by the investing entity as required by Section 2256 . 025; or (B) a depository institution that has its main office or a branch office in this state and that is selected by the investing entity; 27 (2) the broker or the depository institution selected by the investing entity under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the investing entity; (3) the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; and (4) the investing entity appoints the depository institution selected by the investing entity under Subdivision (1) , an entity described by Section 2257 . 041 (d) , or a clearing broker- dealer registered with the Securities and Exchange Commission and operating pursuant to Securities and Exchange Commission Rule 15c3-3 (17 C. F.R. Section 240 . 15c3-3) as custodian for the investing entity with respect to the certificates of deposit issued for the account of the investing entity. Amended by Acts 1995, 74th Leg. , ch. 32, Sec. 1, eff. April 28, 1995; Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1421, Sec. 6, eff. Sept. 1, 1997 . Amended by: Acts 2005, 79th Leg. , Ch. 128 (H.B. 256) , Sec. 1, eff. September 1, 2005 . Acts 2011, 82nd Leg. , R. S . , Ch. 1004 (H.B. 2226) , Sec. 5, eff. June 17, 2011 . Acts 2017, 85th Leg. , R. S . , Ch. 874 (H.B. 2928) , Sec. 2, eff. September 1, 2017 . Sec. 2256 . 011 . AUTHORIZED INVESTMENTS : REPURCHASE AGREEMENTS . (a) A fully collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: (1) has a defined termination date; (2) is secured by a combination of cash and obligations described by Section 2256 . 009 (a) (1) ; and (3) requires the securities being purchased by the entity or cash held by the entity to be pledged to the entity, held in the entity' s name, and deposited at the time the investment is made with 28 the entity or with a third party selected and approved by the entity; and (4) is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state . (b) In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for a specified time, and sell back at a future date obligations described by Section 2256 . 009 (a) (1) , at a market value at the time the funds are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse security repurchase agreement. (c) Notwithstanding any other law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. (d) Money received by an entity under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. (e) Section 1371 . 059 (c) applies to the execution of a repurchase agreement by an investing entity. Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995 . Amended by: Acts 2011, 82nd Leg. , R. S . , Ch. 1004 (H.B. 2226) , Sec. 6, eff. June 17, 2011 . Acts 2017, 85th Leg. , R. S . , Ch. 773 (H.B. 1003) , Sec. 3, eff. June 14, 2017 . Sec. 2256 . 0115 . AUTHORIZED INVESTMENTS : SECURITIES LENDING PROGRAM. (a) A securities lending program is an authorized investment under this subchapter if it meets the conditions provided by this section. (b) To qualify as an authorized investment under this subchapter: 29 (1) the value of securities loaned under the program must be not less than 100 percent collateralized, including accrued income; (2) a loan made under the program must allow for termination at any time; (3) a loan made under the program must be secured by: (A) pledged securities described by Section 2256 . 009; (B) pledged irrevocable letters of credit issued by a bank that is : (i) organized and existing under the laws of the United States or any other state; and (ii) continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent; or (C) cash invested in accordance with Section: (i) 2256 . 009; (ii) 2256 . 013; (iii) 2256 . 014; or (iv) 2256 . 016; (4) the terms of a loan made under the program must require that the securities being held as collateral be : (A) pledged to the investing entity; (B) held in the investing entity' s name; and (C) deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity; (5) a loan made under the program must be placed through: (A) a primary government securities dealer, as defined by 5 C. F.R. Section 6801 . 102 (f) , as that regulation existed on September 1, 2003; or (B) a financial institution doing business in this state; and (6) an agreement to lend securities that is executed under this section must have a term of one year or less . Added by Acts 2003, 78th Leg. , ch. 1227, Sec. 1, eff. Sept. 1, 2003 . 30 Sec. 2256 . 012 . AUTHORIZED INVESTMENTS : BANKER' S ACCEPTANCES . A bankers ' acceptance is an authorized investment under this subchapter if the bankers ' acceptance : (1) has a stated maturity of 270 days or fewer from the date of its issuance; (2) will be, in accordance with its terms, liquidated in full at maturity; (3) is eligible for collateral for borrowing from a Federal Reserve Bank; and (4) is accepted by a bank organized and existing under the laws of the United States or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency. Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995 . Sec. 2256 . 013 . AUTHORIZED INVESTMENTS : COMMERCIAL PAPER. Commercial paper is an authorized investment under this subchapter if the commercial paper: (1) has a stated maturity of 270 days or fewer from the date of its issuance; and (2) is rated not less than A-1 or P-1 or an equivalent rating by at least: (A) two nationally recognized credit rating agencies; or (B) one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state . Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995 . Sec. 2256 . 014 . AUTHORIZED INVESTMENTS : MUTUAL FUNDS . (a) A no-load money market mutual fund is an authorized investment under this subchapter if the mutual fund: 31 (1) is registered with and regulated by the Securities and Exchange Commission; (2) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U. S .C. Section 78a et seq. ) or the Investment Company Act of 1940 (15 U. S .C. Section 80a-1 et seq. ) ; and (3) complies with federal Securities and Exchange Commission Rule 2a-7 (17 C. F.R. Section 270 . 2a-7) , promulgated under the Investment Company Act of 1940 (15 U. S .C. Section 80a-1 et seq. ) . (b) In addition to a no-load money market mutual fund permitted as an authorized investment in Subsection (a) , a no-load mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with the Securities and Exchange Commission; (2) has an average weighted maturity of less than two years; and (3) either: (A) has a duration of one year or more and is invested exclusively in obligations approved by this subchapter; or (B) has a duration of less than one year and the investment portfolio is limited to investment grade securities, excluding asset-backed securities . (c) An entity is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds described in Subsection (b) ; (2) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b) ; or (3) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995; Acts 1997, 75th Leg. , ch. 1421, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg. , ch. 1454, Sec. 8, eff. Sept. 1, 1999 . 32 Amended by: Acts 2017, 85th Leg. , R. S . , Ch. 773 (H.B. 1003) , Sec. 4, eff. June 14, 2017 . Sec. 2256 . 015 . AUTHORIZED INVESTMENTS : GUARANTEED INVESTMENT CONTRACTS . (a) A guaranteed investment contract is an authorized investment for bond proceeds under this subchapter if the guaranteed investment contract : (1) has a defined termination date; (2) is secured by obligations described by Section 2256 . 009 (a) (1) , excluding those obligations described by Section 2256 . 009 (b) , in an amount at least equal to the amount of bond proceeds invested under the contract; and (3) is pledged to the entity and deposited with the entity or with a third party selected and approved by the entity. (b) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under this subchapter in a guaranteed investment contract with a term of longer than five years from the date of issuance of the bonds . (c) To be eligible as an authorized investment: (1) the governing body of the entity must specifically authorize guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the issuance of bonds; (2) the entity must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (3) the entity must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (4) the price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (5) the provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. 33 (d) Section 1371 . 059 (c) applies to the execution of a guaranteed investment contract by an investing entity. Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995; Acts 1997, 75th Leg. , ch. 1421, Sec. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg. , ch. 1454, Sec. 9, 10, eff. Sept. 1, 1999 . Amended by: Acts 2017, 85th Leg. , R. S . , Ch. 773 (H.B. 1003) , Sec. 5, eff. June 14, 2017 . Sec. 2256 . 016 . AUTHORIZED INVESTMENTS : INVESTMENT POOLS . (a) An entity may invest its funds and funds under its control through an eligible investment pool if the governing body of the entity by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool . An investment pool shall invest the funds it receives from entities in authorized investments permitted by this subchapter. An investment pool may invest its funds in money market mutual funds to the extent permitted by and consistent with this subchapter and the investment policies and objectives adopted by the investment pool . (b) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool ' s assets; 34 (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; (12) the performance history of the pool, including yield, average dollar-weighted maturities, and expense ratios; and (13) the pool ' s policy regarding holding deposits in cash. (c) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (1) investment transaction confirmations; and (2) a monthly report that contains, at a minimum, the following information: (A) the types and percentage breakdown of securities in which the pool is invested; (B) the current average dollar-weighted maturity, based on the stated maturity date, of the pool; (C) the current percentage of the pool ' s portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool ' s portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (I) the yield and expense ratio of the pool, including a statement regarding how yield is calculated; 35 (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. (d) An entity by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds . (e) In this section, "yield" shall be calculated in accordance with regulations governing the registration of open-end management investment companies under the Investment Company Act of 1940, as promulgated from time to time by the federal Securities and Exchange Commission. (f) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool that uses amortized cost or fair value accounting must mark its portfolio to market daily, and, to the extent reasonably possible, stabilize at a $1 . 00 net asset value, when rounded and expressed to two decimal places . If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than 0 . 995 or greater than 1 . 005, the governing body of the public funds investment pool shall take action as the body determines necessary to eliminate or reduce to the extent reasonably practicable any dilution or unfair result to existing participants, including a sale of portfolio holdings to attempt to maintain the ratio between 0 . 995 and 1 . 005 . In addition to the requirements of its investment policy and any other forms of reporting, a public funds investment pool that uses amortized cost shall report yield to its investors in accordance with regulations of the federal Securities and Exchange Commission applicable to reporting by money market funds . (g) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool must have an advisory board composed: (1) equally of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for a public funds investment pool created under Chapter 791 and managed by a state agency; or (2) of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for other investment pools . 36 (h) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service . (i) If the investment pool operates an Internet website, the information in a disclosure instrument or report described in Subsections (b) , (c) (2) , and (f) must be posted on the website . (j ) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must make available to the entity an annual audited financial statement of the investment pool in which the entity has funds invested. (k) If an investment pool offers fee breakpoints based on fund balances invested, the investment pool in advertising investment rates must include either all levels of return based on the breakpoints provided or state the lowest possible level of return based on the smallest level of funds invested. Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg. , ch. 1421, Sec. 9, eff. Sept. 1, 1997 . Amended by: Acts 2011, 82nd Leg. , R. S . , Ch. 1004 (H.B. 2226) , Sec. 7, eff. June 17, 2011 . Acts 2017, 85th Leg. , R. S . , Ch. 773 (H.B. 1003) , Sec. 6, eff. June 14, 2017 . Sec. 2256 . 017 . EXISTING INVESTMENTS . Except as provided by Chapter 2270, an entity is not required to liquidate investments that were authorized investments at the time of purchase . Added by Acts 1995, 74th Leg. , ch. 76, Sec. 5 . 46 (a) , eff. Sept . 1, 1995; Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995 . Amended by Acts 1997, 75th Leg. , ch. 1421, Sec. 10, eff. Sept. 1, 1997 . Amended by: Acts 2017, 85th Leg. , R. S . , Ch. 96 (S .B. 253) , Sec. 2, eff. May 23, 2017 . 37 Sec. 2256 . 019 . RATING OF CERTAIN INVESTMENT POOLS . A public funds investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service . Added by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995 . Amended by Acts 1997, 75th Leg. , ch. 1421, Sec. 11, eff. Sept . 1, 1997 . Amended by: Acts 2011, 82nd Leg. , R. S . , Ch. 1004 (H.B. 2226) , Sec. 8, eff. June 17, 2011 . Sec. 2256 . 020 . AUTHORIZED INVESTMENTS : INSTITUTIONS OF HIGHER EDUCATION. In addition to the authorized investments permitted by this subchapter, an institution of higher education may purchase, sell, and invest its funds and funds under its control in the following: (1) cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501 (f) , Internal Revenue Code of 1986 (26 U. S .C. Section 501 (f) ) ; (2) negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A-1, P-1, or the equivalent by a nationally recognized credit rating agency; and (3) corporate bonds, debentures, or similar debt obligations rated by a nationally recognized investment rating firm in one of the two highest long-term rating categories, without regard to gradations within those categories . Added by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995 . Sec. 2256 . 0201 . AUTHORIZED INVESTMENTS; MUNICIPAL UTILITY. (a) A municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may enter into a hedging contract and related 38 security and insurance agreements in relation to fuel oil, natural gas, coal, nuclear fuel, and electric energy to protect against loss due to price fluctuations . A hedging transaction must comply with the regulations of the Commodity Futures Trading Commission and the Securities and Exchange Commission. If there is a conflict between the municipal charter of the municipality and this chapter, this chapter prevails . (b) A payment by a municipally owned electric or gas utility under a hedging contract or related agreement in relation to fuel supplies or fuel reserves is a fuel expense, and the utility may credit any amounts it receives under the contract or agreement against fuel expenses . (c) The governing body of a municipally owned electric or gas utility or the body vested with power to manage and operate the municipally owned electric or gas utility may set policy regarding hedging transactions . (d) In this section, "hedging" means the buying and selling of fuel oil, natural gas, coal, nuclear fuel, and electric energy futures or options or similar contracts on those commodities and related transportation costs as a protection against loss due to price fluctuation. Added by Acts 1999, 76th Leg. , ch. 405, Sec. 48, eff. Sept. 1, 1999 . Amended by: Acts 2007, 80th Leg. , R. S . , Ch. 7 (S .B. 495) , Sec. 1, eff. April 13, 2007 . Sec. 2256 . 0202 . AUTHORIZED INVESTMENTS : MUNICIPAL FUNDS FROM MANAGEMENT AND DEVELOPMENT OF MINERAL RIGHTS . (a) In addition to other investments authorized under this subchapter, a municipality may invest funds received by the municipality from a lease or contract for the management and development of land owned by the municipality and leased for oil, gas, or other mineral development in any investment authorized to be made by a trustee under Subtitle B, Title 9, Property Code (Texas Trust Code) . (b) Funds invested by a municipality under this section shall be segregated and accounted for separately from other funds of the municipality. 39 Added by Acts 2009, 81st Leg. , R. S . , Ch. 1371 (S .B. 894) , Sec. 1, eff. September 1, 2009 . Sec. 2256 . 0203 . AUTHORIZED INVESTMENTS : PORTS AND NAVIGATION DISTRICTS . (a) In this section, "district" means a navigation district organized under Section 52, Article III, or Section 59, Article XVI, Texas Constitution. (b) In addition to the authorized investments permitted by this subchapter, a port or district may purchase, sell, and invest its funds and funds under its control in negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A-1, P-1, or the equivalent by a nationally recognized credit rating agency. Added by Acts 2011, 82nd Leg. , R. S . , Ch. 804 (H.B. 2346) , Sec. 1, eff. September 1, 2011 . Sec. 2256 . 0204 . AUTHORIZED INVESTMENTS : INDEPENDENT SCHOOL DISTRICTS . (a) In this section, "corporate bond" means a senior secured debt obligation issued by a domestic business entity and rated not lower than "AA-" or the equivalent by a nationally recognized investment rating firm. The term does not include a debt obligation that : (1) on conversion, would result in the holder becoming a stockholder or shareholder in the entity, or any affiliate or subsidiary of the entity, that issued the debt obligation; or (2) is an unsecured debt obligation. (b) This section applies only to an independent school district that qualifies as an issuer as defined by Section 1371 . 001 . (c) In addition to authorized investments permitted by this subchapter, an independent school district subject to this section may purchase, sell, and invest its funds and funds under its control in corporate bonds that, at the time of purchase, are rated by a nationally recognized investment rating firm "AA-" or the equivalent 40 and have a stated final maturity that is not later than the third anniversary of the date the corporate bonds were purchased. (d) An independent school district subject to this section is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds, reserves, and other funds held for the payment of debt service, in corporate bonds; or (2) invest more than 25 percent of the funds invested in corporate bonds in any one domestic business entity, including subsidiaries and affiliates of the entity. (e) An independent school district subject to this section may purchase, sell, and invest its funds and funds under its control in corporate bonds if the governing body of the district : (1) amends its investment policy to authorize corporate bonds as an eligible investment; (2) adopts procedures to provide for: (A) monitoring rating changes in corporate bonds acquired with public funds; and (B) liquidating the investment in corporate bonds; and (3) identifies the funds eligible to be invested in corporate bonds . (f) The investment officer of an independent school district, acting on behalf of the district, shall sell corporate bonds in which the district has invested its funds not later than the seventh day after the date a nationally recognized investment rating firm: (1) issues a release that places the corporate bonds or the domestic business entity that issued the corporate bonds on negative credit watch or the equivalent, if the corporate bonds are rated "AA-" or the equivalent at the time the release is issued; or (2) changes the rating on the corporate bonds to a rating lower than "AA-" or the equivalent . (g) Corporate bonds are not an eligible investment for a public funds investment pool . Added by Acts 2011, 82nd Leg. , R. S . , Ch. 1347 (S .B. 1543) , Sec. 1, eff. June 17, 2011 . 41 Sec. 2256 . 0205 . AUTHORIZED INVESTMENTS; DECOMMISSIONING TRUST. (a) In this section: (1) "Decommissioning trust" means a trust created to provide the Nuclear Regulatory Commission assurance that funds will be available for decommissioning purposes as required under 10 C. F.R. Part 50 or other similar regulation. (2) "Funds" includes any money held in a decommissioning trust regardless of whether the money is considered to be public funds under this subchapter. (b) In addition to other investments authorized under this subchapter, a municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may invest funds held in a decommissioning trust in any investment authorized by Subtitle B, Title 9, Property Code . Added by Acts 2005, 79th Leg. , Ch. 121 (S .B. 1464) , Sec. 1, eff. September 1, 2005 . Text of section as added by Acts 2017, 85th Leg. , R. S . , Ch. 773 (H.B. 1003) , Sec. 7 For text of section as added by Acts 2017, 85th Leg. , R. S . , Ch. 344 (H.B. 1472) , Sec. 1, see other Sec. 2256 . 0206 . Sec. 2256 . 0206 . AUTHORIZED INVESTMENTS : HEDGING TRANSACTIONS . (a) In this section: (1) "Eligible entity" means a political subdivision that has : (A) a principal amount of at least $250 million in: (i) outstanding long-term indebtedness; (ii) long-term indebtedness proposed to be issued; or (iii) a combination of outstanding long-term indebtedness and long-term indebtedness proposed to be issued; and (B) outstanding long-term indebtedness that is rated in one of the four highest rating categories for long-term debt instruments by a nationally recognized rating agency for municipal securities, without regard to the effect of any credit agreement or 42 other form of credit enhancement entered into in connection with the obligation. (2) "Eligible project" has the meaning assigned by Section 1371 . 001 . (3) "Hedging" means acting to protect against economic loss due to price fluctuation of a commodity or related investment by entering into an offsetting position or using a financial agreement or producer price agreement in a correlated security, index, or other commodity. (b) This section prevails to the extent of any conflict between this section and: (1) another law; or (2) an eligible entity' s municipal charter, if applicable . (c) The governing body of an eligible entity shall establish the entity' s policy regarding hedging transactions . (d) An eligible entity may enter into hedging transactions, including hedging contracts, and related security, credit, and insurance agreements in connection with commodities used by an eligible entity in the entity' s general operations, with the acquisition or construction of a capital project, or with an eligible project . A hedging transaction must comply with the regulations of the federal Commodity Futures Trading Commission and the federal Securities and Exchange Commission. (e) An eligible entity may pledge as security for and to the payment of a hedging contract or a security, credit, or insurance agreement any general or special revenues or funds the entity is authorized by law to pledge to the payment of any other obligation. (f) Section 1371 . 059 (c) applies to the execution by an eligible entity of a hedging contract and any related security, credit, or insurance agreement . (g) An eligible entity may credit any amount the entity receives under a hedging contract against expenses associated with a commodity purchase . (h) An eligible entity' s cost of or payment under a hedging contract or agreement may be considered: (1) an operation and maintenance expense of the eligible entity; (2) an acquisition expense of the eligible entity; 43 (3) a project cost of an eligible project; or (4) a construction expense of the eligible entity. Added by Acts 2017, 85th Leg. , R. S . , Ch. 773 (H.B. 1003) , Sec. 7, eff. June 14, 2017 . Text of section as added by Acts 2017, 85th Leg. , R. S . , Ch. 344 (H.B. 1472) , Sec. 1 For text of section as added by Acts 2017, 85th Leg. , R. S . , Ch. 773 (H.B. 1003) , Sec. 7, see other Sec. 2256 . 0206 . Sec. 2256 . 0206 . AUTHORIZED INVESTMENTS : PUBLIC JUNIOR COLLEGE DISTRICT FUNDS FROM MANAGEMENT AND DEVELOPMENT OF MINERAL RIGHTS . (a) In addition to other investments authorized under this subchapter, the governing board of a public junior college district may invest funds received by the district from a lease or contract for the management and development of land owned by the district and leased for oil, gas, or other mineral development in any investment authorized to be made by a trustee under Subtitle B, Title 9, Property Code (Texas Trust Code) . (b) Funds invested by the governing board of a public junior college district under this section shall be segregated and accounted for separately from other funds of the district . Added by Acts 2017, 85th Leg. , R. S . , Ch. 344 (H.B. 1472) , Sec. 1, eff. September 1, 2017 . Sec. 2256 . 021 . EFFECT OF LOSS OF REQUIRED RATING. An investment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment does not have the minimum rating. An entity shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. Added by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995 . Sec. 2256 . 022 . EXPANSION OF INVESTMENT AUTHORITY. Expansion of investment authority granted by this chapter shall require a risk 44 assessment by the state auditor or performed at the direction of the state auditor, subject to the legislative audit committee ' s approval of including the review in the audit plan under Section 321 . 013 . Added by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995 . Amended by Acts 2003, 78th Leg. , ch. 785, Sec. 42, eff. Sept . 1, 2003 . Sec. 2256 . 023 . INTERNAL MANAGEMENT REPORTS . (a) Not less than quarterly, the investment officer shall prepare and submit to the governing body of the entity a written report of investment transactions for all funds covered by this chapter for the preceding reporting period. (b) The report must: (1) describe in detail the investment position of the entity on the date of the report; (2) be prepared jointly by all investment officers of the entity; (3) be signed by each investment officer of the entity; (4) contain a summary statement of each pooled fund group that states the : (A) beginning market value for the reporting period; (B) ending market value for the period; and (C) fully accrued interest for the reporting period; (5) state the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; (6) state the maturity date of each separately invested asset that has a maturity date; (7) state the account or fund or pooled group fund in the state agency or local government for which each individual investment was acquired; and (8) state the compliance of the investment portfolio of the state agency or local government as it relates to: (A) the investment strategy expressed in the agency' s or local government ' s investment policy; and (B) relevant provisions of this chapter. 45 (c) The report shall be presented not less than quarterly to the governing body and the chief executive officer of the entity within a reasonable time after the end of the period. (d) If an entity invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the governing body by that auditor. Added by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept. 1, 1995 . Amended by Acts 1997, 75th Leg. , ch. 1421, Sec. 12, eff. Sept . 1, 1997 . Amended by: Acts 2011, 82nd Leg. , R. S . , Ch. 1004 (H.B. 2226) , Sec. 9, eff. June 17, 2011 . Sec. 2256 . 024 . SUBCHAPTER CUMULATIVE . (a) The authority granted by this subchapter is in addition to that granted by other law. Except as provided by Subsection (b) and Section 2256 . 017, this subchapter does not : (1) prohibit an investment specifically authorized by other law; or (2) authorize an investment specifically prohibited by other law. (b) Except with respect to those investing entities described in Subsection (c) , a security described in Section 2256 . 009 (b) is not an authorized investment for a state agency, a local government, or another investing entity, notwithstanding any other provision of this chapter or other law to the contrary. (c) Mortgage pass-through certificates and individual mortgage loans that may constitute an investment described in Section 2256 . 009 (b) are authorized investments with respect to the housing bond programs operated by: (1) the Texas Department of Housing and Community Affairs or a nonprofit corporation created to act on its behalf; 46 (2) an entity created under Chapter 392, Local Government Code; or (3) an entity created under Chapter 394, Local Government Code . Added by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995 . Amended by: Acts 2017, 85th Leg. , R. S . , Ch. 96 (S .B. 253) , Sec. 3, eff. May 23, 2017 . Sec. 2256 . 025 . SELECTION OF AUTHORIZED BROKERS . The governing body of an entity subject to this subchapter or the designated investment committee of the entity shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the entity. Added by Acts 1997, 75th Leg. , ch. 1421, Sec. 13, eff. Sept . 1, 1997 . Sec. 2256 . 026 . STATUTORY COMPLIANCE . All investments made by entities must comply with this subchapter and all federal, state, and local statutes, rules, or regulations . Added by Acts 1997, 75th Leg. , ch. 1421, Sec. 13, eff. Sept . 1, 1997 . SUBCHAPTER B. MISCELLANEOUS PROVISIONS Sec. 2256 . 051 . ELECTRONIC FUNDS TRANSFER. Any local government may use electronic means to transfer or invest all funds collected or controlled by the local government. Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept. 1, 1995 . Sec. 2256 . 052 . PRIVATE AUDITOR. Notwithstanding any other law, a state agency shall employ a private auditor if authorized by the legislative audit committee either on the committee ' s initiative or on request of the governing body of the agency. Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept. 1, 1995 . 47 Sec. 2256 . 053 . PAYMENT FOR SECURITIES PURCHASED BY STATE . The comptroller or the disbursing officer of an agency that has the power to invest assets directly may pay for authorized securities purchased from or through a member in good standing of the National Association of Securities Dealers or from or through a national or state bank on receiving an invoice from the seller of the securities showing that the securities have been purchased by the board or agency and that the amount to be paid for the securities is just, due, and unpaid. A purchase of securities may not be made at a price that exceeds the existing market value of the securities . Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995; Acts 1997, 75th Leg. , ch. 1423, Sec. 8 . 67, eff. Sept . 1, 1997 . Sec. 2256 . 054 . DELIVERY OF SECURITIES PURCHASED BY STATE . A security purchased under this chapter may be delivered to the comptroller, a bank, or the board or agency investing its funds . The delivery shall be made under normal and recognized practices in the securities and banking industries, including the book entry procedure of the Federal Reserve Bank. Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995; Acts 1997, 75th Leg. , ch. 1423, Sec. 8 . 68, eff. Sept. 1, 1997 . Sec. 2256 . 055 . DEPOSIT OF SECURITIES PURCHASED BY STATE . At the direction of the comptroller or the agency, a security purchased under this chapter may be deposited in trust with a bank or federal reserve bank or branch designated by the comptroller, whether in or outside the state . The deposit shall be held in the entity' s name as evidenced by a trust receipt of the bank with which the securities are deposited. Amended by Acts 1995, 74th Leg. , ch. 402, Sec. 1, eff. Sept . 1, 1995; Acts 1997, 75th Leg. , ch. 1423, Sec. 8 . 69, eff. Sept. 1, 1997 . 48 APPENDIX B Approved Resolution Resolution Amending Authorized Representatives Please use this form to amend or designate Authorized Representatives. This document supersedes all prior Authorized Representative forms. *Required Fields Resolution1. WHEREAS, I North Padre Island Development Corporation, BNY Mellon Trust Company as Participant Name* Trustee Location Number* ("Participant")is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds;and WHEREAS,it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity,and yield consistent with the Public Funds Investment Act;and WHEREAS,the Texas Local Government Investment Pool("TexPool/Texpool Prime"),a public funds investment pool,were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity,and yield consistent with the Public Funds Investment Act. NOW THEREFORE,be it resolved as follows: A. That the individuals,whose signatures appear in this Resolution,are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool/TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction,and to take all other actions deemed necessary or appropriate for the investment of local funds. B. That an Authorized Representative of the Participant may be deleted by a written instrument signed by two remaining Authorized Representatives provided that the deleted Authorized Representative(1)is assigned job duties that no longer require access to the Participant's TexPool/TexPool Prime account or(2)is no longer employed by the Participant;and C. That the Participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an officer,employee,or agent of the Participant; List the Authorized Representative(s)of the Participant.Any new individuals will be issued personal identification numbers to transact business with TexPool Participant Services. 1. JKaryn Hicks I IRepresentative, Client Processing Name Title 1 2 1 114141618151510181 12 I 1 14 14 16 18 15 I 0 14 14 I Ikaryn.hicks@bnymellon.com Phone Fax Email Signature 2 Isandra Woods I IRepresentative, Client Processing Name Title 121114141618151012111 I2I1I414I6I816I0I1I6I sandra.woods@bnymellon.com Phone Fax Email Signature 3. (Charles Nelson I IRepresentative, Client Processing Name Title 1 2 1 114141618151514131 1 2 11 1 4 1 4 1 6 1 8 1 6 10 I 1 1 6 I Icharles.nelson@bnymellon.com Phone Fax Email Signature Form Continues on Next Page 1 of 2 1.Resolution(continued) 4 Arnetta Johnson I ILead Representative, Client Processing Name Title 12 1 11414161 8I 61316141 12 11 1 4 14 16 18 16 10 1 1 1 6 1 arnetta.johnson@bnymellon.com Phone Fax Email Signature List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Karyn Hicks _ Name In addition and at the option of the Participant,one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representative cannot perform transactions. If the Participant desires to designate a representative with inquiry rights only,complete the following information. IKathlyn Shen /Lynette Lewandowski I Nice President/Senior Analyst Name Title 171 113141813161 1151 11 17111314181316161317 kathlyn.shen@bnymellon.com/ Phone /713-483-6530 Fax /713-483-6637 Email lynette.lewandowski@bnymellon.com D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant,and until Tex Pool Participant Services receives a copy of any such amendment or revocation.This Resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the day of 2 0 Note:Document is to be signed by your Board President,Mayor or County Judge and attested by your Board Secretary,City Secretary or County Clerk. North Padre Island Development Corporation Name of Participant* SIGNED ATTEST Signature* Signature* I I Printed Name* Printed Name* I Title* Title* 2.Mailing Instructions The completed Resolution Amending Authorized Representatives can be faxed to Tex Pool Participant Services at 1-866-839-3291,and mailed to: Tex Pool Participant Services 1001 Texas Avenue,Suite 1400 Houston,Tx 77002 Additional Authorized Representatives Additional Authorized Representatives: 7. 5. Alisha Fowler P 214-468-5508 Constance P. Sanchez P 361-826-3227 Team Lead, Client Processing F 214-468-6016 Treasurer F 361-880-3601 alisha.fowler@bnymellon.com ConstanceP@cctexas.com Additional Inquiry-Only Representatives 6. Judy Villalon P 361-826-3651 Assistant Treasurer F 361-882-7320 Jacey Reeves P 361-826-3650 JudyAV@cctexas.com Investment Analyst F 361-882-7320 JaceyR@cctexas.com ORIGINAL SIGNATURE AND DOCUMENT REQUIRED TEX-REP 2 OF 2 TexPool Participant Services Managed and Federated. 1001 Texas Avenue,Suite 1400 • Houston,TX 77002 Serviced by Phone:1.866-TEXPOOL(839.7665) • Fax:1.866.839.3291 • www.texpool.com G45340-17(7/18) 2018©Federated Investors,Inc. City of Corpus Budget Reinvestment Zone No. 2 Fund 1111 Detail Original Proposed BudgetAccount Revenues Budget Budget Revenues Number Account Description 2016- 2017 2017 - 2018 2017 - 2018 2017 - 2018 2018- 2019 Reserved for Encumbrances $ 910,000 $ 990,000 $ - Reserved for Commitments 6,082,624 8,260,716 11,957,165 Unreserved - - - Beginning Balance $ 6,992,624 $ 9,250,716 $ 11,957,165 Property Taxes 300020 RIVZ#2 current taxes-City $ 2,055,446 $ 2,307,516 $ 2,307,516 $ 2,307,516 $ 2,412,597 300050 RIVZ#2 current taxes-County 1,037,197 1,164,191 1,164,191 1,164,191 1,171,473 300060 RIVZ #2 current taxes-Hospital 428,228 480,716 480,716 474,497 488,618 300110 RIVZ#2 delinquent taxes-City 28,284 20,753 20,753 19,015 18,998 300130 RIVZ#2 delnquent taxes-Del Mar 20 - - 1 - 300140 RIVZ#2 delinquent taxes-County 15,268 12,040 12,040 10,384 10,500 300150 RIVZ#2 delinqnt taxes-Hospital 6,341 4,927 4,927 4,550 4,600 300210 RIVZ#2 P&I - City 33,489 26,662 26,662 24,958 25,000 300230 RIVZ#2 P&I - Del Mar 22 - - 2 - 300240 RIVZ#2 P&I - County 17,108 14,027 14,027 11,723 12,001 300250 RIVZ#2 P&I-Hospital District 7,108 7,923 7,923 7,180 7,201 Property Taxes Total $ 3,628,510 $ 4,038,755 $ 4,038,755 $ 4,024,017 $ 4,150,988 Interest and Investments 340900 Interest on Investments $ 24,212 $ - $ - $ 78,865 $ 130,000 340995 Net Inc/Dec in FV of Investments (806) - - 806 - Interest and Investments Total $ 23,406 $ - $ - $ 79,671 $ 130,000 Interfund Charges 352000 Transfer from Other Fund $ - $ 757 $ 757 $ 757 $ - Interfunds Charges Total $ - $ 757 $ 757 $ 757 $ - Revenue Total $ 3,651,917 $ 4,039,512 $ 4,039,512 $ 4,104,445 $ 4,280,988 Total Funds Available $ 10,644,541 $ 13,355,161 $ 16,238,153 Note: Reinvestment Zone #2, commonly referred to as Packery Channel was created pursuant to the Tax Increment Financing Act to facilitate development of the land within the boundaries of the tax increment zone. The Zone became effective on November 14, 2000. The funding source is post-2000 incremental property taxes from taxing units with property within the boundaries of the zone. City of • . Budget ExpenditureReinvestment Zone No. 2 Fund 1111 Detail by Organization Actual Original Amended Estimated Proposed BudgetOrg. Expenses Budget Budget Expenses OrganizationNumber 11305 TIF02 Projects Infrastructure $ - $ - $ - $ - $ 600,000 12960 Packery Patrol Operations 32,781 - - - - 55000 Principal retired 990,000 1,070,000 1,070,000 1,070,000 1,240,000 55010 Interest 353,700 309,150 309,150 309,150 261,000 55040 Paying agent fees 5,694 6,000 6,000 6,000 6,000 60010 Transfer to General Fund 11,649 12,846 12,846 12,846 13,929 Expenditure Total $ 1,393,824 $ 1,397,996 $ 1,397,996 $ 1,397,996 $ 2,120,929 Reserved for Encumbrances $ 990,000 $ - $ - Reserved for Commitments 8,260,716 11,957,165 14,117,224 Unreserved - - - Closing Balance $ 9,250,716 $ 11,957,165 $ 14,117,224 se GO O Va. AGENDA MEMORANDUM v First Reading Ordinance for the City Council Meeting of August 21, 2018 NORROPPESecond Reading Ordinance for the City Council Meeting of August 28, 2018 1852 DATE: July 25, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mi kemaCa)-cctexas.com 886-2603 Accepting and appropriating the FY 2019 Local Border Security Program (LBSP) Grant CAPTION: Ordinance authorizing acceptance of$40,000 grant from Office of the Governor's Homeland Security Grants Division for FY2019 Local Border Security Program; and appropriating $40,000 in Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: Funding is available to enhance law enforcement patrols in an effort to deter and facilitate directed actions to interdict criminal activity. The Police Department will deploy officers on an overtime basis to conduct direct actions and operations within the city limits and ETJ targeting known drug, currency and human trafficking routes operating in the South Texas area to points north. The funding provides for overtime and retirement for sworn officers. There is no City match required. Funding is available from September 1, 2018—August 31, 2019. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 $3,333 1 $36,6671 $40,000 BALANCE 1 $39333 1 $36,6671 $40,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance authorizing acceptance of $40,000 grant from Office of the Governor's Homeland Security Grants Division for FY2019 Local Border Security Program; and appropriating $40,000 in Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $40,000 from the Office of the Governor's Homeland Security Grants Division (HSGD) for funding eligible under the FY2019 Local Border Security Program (LBSP) grant. SECTION 2. That $40,000 is appropriated in the No 1061 Police Grants Fund from the HSGD for eligible overtime and operational costs. SECTION 3. In the event of the loss or misuse of the HSGD funds, the City of Corpus Christi assures that the funds will be returned to the HSGD in full. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza 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 Office of the Governor Page 1 of 1 Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the`Narrative' and`Budget/Details' tabs.By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants;and the other identified documents in the Grant Application and Grant Award,including but not limited to:2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20,Subchapter E,Division 4 of the Texas Administrative Code,and the Uniform Grant Management Standards(UGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding.The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 3404802 Award Amount: $40,000.00 Date Awarded: PREVIEW-AWARD NOT ACTIVE Grantee Cash Match: $0.00 Grant Period: 09/01/2018-08/31/2019 Grantee In Kind Match: $0.00 Liquidation Date: 11/29/2019 Total Project Cost: $40,000.00 Program Fund: BL-Local Border Security Program(LBSP) Grantee Name: Corpus Christi,City of Project Title: Local Border Security Program Grant Manager: Lynne Crow DUNS Number: 069457786 CFDA: N/A Federal Awarding Agency: N/A-State Funds Federal Award Date: N/A-State Funds Federal/State Award ID 2019-BL-ST-0016 Number: Total Federal Award/State $5,100,000.00 Funds Appropriated: Pass Thru Entity Name: Texas Office of the Governor-Homeland Security Grants Division(HSGD) Is the Award R&D: No Federal/State Award Grants for local law enforcement agencies to support Operation Border Star.The grant funds Description: may also support the humane processing of remains of undocumented migrants,when specifically awarded for that purpose. https:Hegrants.gov.texas.gov/project/awardpreview.aspx?i2=1&i 1=8&gh=A9-F5-50-88-A... 7/25/2018 se O E AGENDA MEMORANDUM NRPOPAS E 'ublic Hearing and First Reading for the City Council meeting of August 21, 2018 1852 Second Reading for the City Council meeting of August 28, 2018 DATE: July 09, 2018 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, CFM, Director, Planning and ESI Daniel Mc cj�cctexas.com (361) 826-7011 Adoption of City of Corpus Christi Small Cell Network Fees, regulations and Design Manual CAPTION: Ordinance adopting City of Corpus Christi Small Cell Network Fees, regulations and Design Manual PURPOSE: The intent of the City of Corpus Christi Small Cell Fees, regulations, and Design Manual is to enable the City to manage the installation of Network Nodes, Node Support Poles and Wireless Facilities in the public right-of-way for the health safety and welfare of the public in accordance with Sec. 284.001 of the Texas Local Government Code. BACKGROUND AND FINDINGS: In September 2017, Senate Bill No.1004, amending the Texas Local Government Code by adding Chapter 284. Deployment of Network Nodes in Public Rights-of-Way required cities to allow Network providers to install wireless antennae (network nodes) in city right-of-way and delegated to each municipality the fiduciary duty, as a trustee, to manage the public right-of-way, giving cities some authority over the placement of network nodes. Providing guidance to municipalities and Network Providers for the deployment of Network Nodes, Node Support Poles and related wireless facilities in the public right-of- way, Sec. 284.107, Design Manual, of the Texas Local Government Code states that "A municipality may adopt a design manual for the installation and construction of network nodes and node support poles in the public rights-of-way". In accordance with Sec. 284.053. of the Texas Local Government Code, Annual Public Right-of-Way Rate, a municipality may charge a public right-of-way fee for use of the public right-of-way that may not exceed an annual amount equal to $250.00 multiplied by the number of network nodes installed in the public right- of-way in the municipality's corporate boundary. Staff at the Texas Municipal League drafted a Draft Small Cell Design Manual in June 2017to prepare for the passage of Senate Bill 1004 and recommended that member cities adopt some or all the document. Planning Staff evaluated the Draft Design Manual along with several other cities manuals and made small modifications to fit the needs of Corpus Christi. The Corpus Christi Small Cell Design Manual includes recommendations and guidelines that help guide the City, and Network Providers, with Small Cell installation in special districts, and with preferred locations of installation, as well as undergrounding requirements, removal and relocation, electrical supply and other aesthetic requirements. ALTERNATIVES: Denial of the Small Cell Fee, regulations, and Design Manual with suggestions to the Planning & ESI Department OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The Small Cell Fee, regulations, and Design Manual conform to City policy. EMERGENCY/NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Planning and ESI Department, Development Services, Legal, Planning Commission — recommended approval June 27, 2018. 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 RECOMMENDATION: Staff recommends approval of the Small Cell Fee, regulations, and Design Manual LIST OF SUPPORTING DOCUMENTS: Ordinance PowerPoint Presentation Exhibit A— City of Corpus Christi Small Cell Design Manual Ordinance amending Corpus Christi Code to adopt small cell network fees, regulations, and Design Manual; and providing for penalty WHEREAS, Texas Local Government Code, Chapter 284, provides the framework for municipal right-of-way access or small cell networks; WHEREAS, Texas Local Government Code, Chapter 284, established a maximum public right of way rate; WHEREAS, City Staff communicated with and received feedback from area Network Providers regarding the content of the City of Corpus Christi Design Manual; WHEREAS, a public hearing was held on Wednesday, June 27th, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval and on Tuesday, July 31St, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, Sec. 284.107, Design Manual, of the Texas Local Government Code states that "A municipality may adopt a design manual for the installation and construction of network nodes and node support poles in the public right-of-way. WHEREAS, the intent of the City of Corpus Christi Small Cell Design Manual is to implement Plan CC, the City's adopted Comprehensive Plan, by providing City Council with specific, objective, and prescriptive guidance for making decisions about the installation of Network Nodes, Node Support Poles, and related wireless facilities in the public right-of-way; and WHEREAS, the City of Corpus Christi Small Cell Design Manual provides the guidance and recommendations to Network Providers for the timely, efficient, safe and aesthetically pleasing installation of Network Nodes, Node Support Poles, and related wireless facilities in the public right-of-way. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The Corpus Christi Code of Ordinance, Chapter 49 is amended to add ARTICLE V. OCCUPATION OF RIGHTS-OF-WAY BY SMALL CELL NETWORKS to read as follows: ARTICLE V. OCCUPATION OF RIGHTS-OF-WAY BY SMALL CELL NETWORKS Sec.49-80 Applicability In addition to the general right-of-way regulations established in the Corpus Christi Code of Ordinances and the Unified Development Code, the city hereby adopts additional restrictions and requirements for the deployment of the telecommunications 1 equipment governed by V.T.C.A., Local Government Code Ch. 284. Terms utilized in this Article shall have the meanings assigned in V.T.C.A., Local Government Code Ch. 284. V.T.C.A., Local Government Code Ch. 284 shall be referenced as Ch. 284 in this Article. A network provider seeking to site, install, collocate, maintain, repair, relocate, replace, and remove wireless facilities in the public right-of-way must comply with the provisions of State and Federal law and with the Corpus Christi Code of Ordinances and the Unified Development Code, as amended, and the City's Small Cell Design Manual, as amended, except where in conflict with Chapter 284. Sec. 49-81 Permit (a) Permit Application - A network provider must submit an application for a permit prior to installing a network node, node support pole, or transport facility in the public rights-of-way and prior to any excavating or closing sidewalks or vehicular lanes in a public right-of-way in association with any routine maintenance, replacement, repair, or upgrading work. An application will not be deemed complete unless it includes: (1) Detailed drawings, with calculations to show strict conformity to the size limitations as set forth in Ch. 284, including, but not limited to Ch. 284, § 284.002, size of a Micro Network Node, § 284.003, size of network nodes, and § 284.103, maximum pole height, and with the requirements of this Article, the rights-of-way maintenance ordinance, and the pole attachment specifications; (2) An analysis showing that the proposed wireless facility(ies) will not cause any interference with City public safety radio systems, utility supervisory control and data acquisition systems (SCADA), electric automation systems, metering networks, traffic signal light systems, or other City utility or safety communications components in accordance with Ch. 284, § 284.304, or interfere with motorists' sight distance at an intersection as defined by the American Association of State Highway and Transportation Officials (AASHTO) in the "A Policy on Geometric Design of Highways and Streets"; (3) A proposal to camouflage or conceal the network node consistent with the requirements of this Article; (4) Disclose whether the location is any of the following: A. Within a municipal park B. Within an area zoned for residential use 2 C. Within a design district utilizing decorative poles or in an area of the City zoned or otherwise designated as a historic overlay district, Development Concept and Special Overlay Districts or other similar districts as set forth in the City's Unified Development Code and Code of Ordinances; D. Within an area that has undergrounding requirements as set forth in the City's Unified Development Code (UDC) and Code of Ordinances; E. Within 300 feet of a historic site or structure or Historic Landmark recognized by the City, State or Federal Government (see, for example, and not limited to V.T.C.A. Texas Government Code 442.001(3), and 16 U.S.C. 470), as of the date of the submission of the permit. (5) City's acceptance of the submitted design documents does not relieve Network Provider and its engineer of full responsibility and liability for any errors and/or omissions in the engineering analysis. (6) Network Providers shall provide evidence of such permission to attach or use non-city-owned property and Right-of-Way. If the project lies within a Highway, the applicant must provide evidence of an authorization from the State or Federal government, as applicable (b) Timeline (1) The City will evaluate a network node or node support pole application for completeness within 30 days of submission. The City will evaluate a transport facility application for completeness within 10 days of submission. (2) The city must approve or deny a complete application under this title in the following timeframes: A. An application for a node support pole not later than the 150th day after the date the municipality receives the complete application. B. An application for a network node not later than the 60th day after the date the municipality receives the complete application. C. An application for a transport facility not later than the 21St day after the date the municipality receives a complete application. 3 D. An application for a permit for a node support pole, network node, or transport facility shall be deemed approved if the application is not approved or denied on or before the applicable date for approval or denial prescribed in this subsection. (3) A network provider that wants to install or collocate multiple network nodes inside the City is entitled to file a consolidated permit application for not more than 30 network nodes and receive permits for the installation or collocation of those network nodes. (c) Application Fee (1) $500.00 per application, up to five network nodes per application; (2) $500.00 per application for the 1 st five network nodes, then an additional $250.00 for each additional network node per application; and (3) $1,000.00 per application for each pole. Sec. 49-82 Location The following are prohibited or restricted areas for certain wireless facilities, except with separate city agreement: (a) Municipal Parks and Residential Areas (1) In accordance with Chapter 284, Sec. 284.104, a Network Provider may not install a Node Support Pole in a public right-of-way without the City's discretionary, nondiscriminatory, and written consent if the public right-of-way is in a Municipal park or is adjacent to a street or thoroughfare that is: (2) Not more than (50) feet wide of paved street surface, being the area measured as the shortest distance between the inside of the curb to the inside of the opposite curb, or the area measured as the shortest distance between the two parallel edges of the paved roadway for vehicular travel where there is no curb; and (3) Adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning. (b) Historic Districts and Design Districts with Decorative Poles (1) In accordance with Chapter 284, Sec. 284.105, a Network Provider must obtain advance written approval from the City before collocating Network Nodes or installing Node Support Poles in a Design District with Decorative Poles 4 (2) As a condition for approval of Network Nodes or Node Support Poles in Design Districts with Decorative Poles or in a Historic District, the City shall require reasonable design or Concealment measures for the Network Nodes or Node Support Poles. Therefore, any request for installations in a Design District with Decorative Poles or in a Historic District, must be accompanied with proposed Concealment measures in the permit applications. (3) The City requests that a Network Provider explore the feasibility of using Camouflage measures to improve the aesthetics of the Network Nodes, Node Support Poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics in Design Districts with decorative poles or in an Historic District. (4) Network Provider shall comply with and observe all applicable City, State, and federal historic preservation laws and requirements. (5) Each permit application shall disclose if it is within a Design District with Decorative Poles or in an area of the City zoned or otherwise designated as a Design District with Decorative Poles or Historic District. (6) A Network Node shall not be installed in a location that causes any interference with existing City infrastructure. Network Nodes shall not be allowed on City's public safety radio infrastructure. (d) Compliance with Undergrounding Requirements. (1) In accordance with Chapter 284, Sec. 284.107, a Network Provider shall comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. (2) Each permit application shall disclose if it is within an area that has undergrounding requirements. The City by its discretionary consent and agreement may grant exception to the above prohibited locations and sizes, but only in a non-exclusive, and non-discriminatory manner, as allowed or required by Chapter 284, Sec. 284.109 and Sec. 284.110. Sec. 49-83 Annual Public Right of Way Rate (a) Network node site annual rental rate: 5 (1) Annual network node rate. In accordance with Chapter 284., Sec.284.053 (a), Network provider shall pay the city annually $250.00 per network node installed in City public right-of-way. The annual network node public right-of-way rate is non-refundable. (2) Initial annual network node rate prorated. The annual network node public right-of-way rate payment for the first year at any location ("initial annual network node payment") begins accruing when facilities are installed and is due thirty (30) days after network provider installs or collocates a network node at a location. The initial annual network node payment shall be pro-rated for the months remaining in the calendar year after the permit issuance date. (3) Subsequent years annual network node rate due date. The annual network node public right-of-way rate for every year after the initial annual network node payment shall be paid in advance on or before December 31 of each calendar year for each network node in the public right-of-way for the next calendar year period. (4) Annual network node rate adjustment. The city reserves the right to make periodic rate adjustments in its discretion and pursuant to Ch. 284., § 284.054. (b) Collocation attachment on service pole fee: (1) Subject to an agreement, annual collocation on service pole attachment fee. Network provider shall pay the city annually $20.00 for each service pole with network node(s) collocated on in accordance with Ch. 284. (c) Transport facility fee: (1) Transport facility fee amount. When the network provider is installing its own transport facilities, the network provider shall pay to the city an amount equal to twenty-eight dollars ($28.00) per month multiplied by the number of the network provider's network nodes located in the public right-of-way for which the installed transport facilities provide backhaul. As an alternative to paying the transport facility fee, the network provider may utilize the alternative verification report option as described below. (2) The transport facility fee is non-refundable. The monthly transport facility fee begins accruing when the transport facility is installed and is due in full December 31 of that year. 6 (3) When the network provider is obtaining transport service from a person that is paying the city municipal fees to occupy the public right-of- way that are the equivalent of not less than twenty-eight dollars ($28.00) per network node site per month, the network provider may utilize the alternative verification report option as described below. (4) Alternative verification report. If network provider utilizes the Ch. 284., § 284.055(a)(2) option to obtain transport service from a person that is paying municipal fees to occupy the public right-of-way or utilizes the Ch. 284., § 284.055(a)(1), option and install its own transport facilities and asserts that it has paid the city in an amount that is equivalent to or greater than the transport facility fee due for that year for the same and corresponding year that would have been due from the network provider to the city for the calendar year then: (A) On or before December 31, the provider will notify the city that it intends to utilize this alternative verification report option. (B) Thirty (30) days after the end of each calendar year the network provider shall provide to the city an alternative verification report documenting those equivalent or greater payments to the city. The verification report shall be provided thirty (30) days after the end of each calendar year that an actual and full payment is not made from the network provider to the city for the transport facility fee payment. (C) This alternative verification report is to allow the city to verify that the annual payments due the city for transfer facilities for each network node transfer facility that the city has received from the network provider or from the network provider's provider of transport facilities a payment to the city for that corresponding prior calendar year is equal to or exceeds the monthly aggregate per- node transfer facility compensation due to the city and Ch. 284., § 284.055(b)(2) for that same period. (D) In the event the payment to the city that is asserted to be equal to or exceeding the monthly aggregate per-node transfer facility compensation due to the city was by a different named entity than the network provider, the network provider bears the burden to establish that the entity paying the city and the network provider is an affiliate and that they are one and the same for purposes of a Ch. 284 transfer facility fee credit against the monthly transport facility fee. (5) Transport facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node 7 directly to the network, for the purpose of providing backhaul for network nodes. (d). If any state law setting the maximum right-of-way fee is amended, preempted, or declared to be invalid or void by a court of competent jurisdiction, the Annual Public Right of Way fee is the lesser of the maximum legally allowable amount or $1,500 per network node. Sec 49- 84 Collocation agreement The city manager or designee is authorized to enter into an agreement for the use of municipally owned service poles without any further action by city council. The terms of this pole attachment agreement shall have nondiscriminatory terms and conditions and shall require an industry standard pole load analysis. Sec 49-85 Small Cell Design Manual (a) Adoption of Small Cell Design Manual. The City Council adopts the Small Cell Design Manual for the installation of micro network nodes, network nodes, node support poles and related ground equipment pursuant to V.T.C.A. Local Government Code, ch. 284. A copy of the Small Cell Design Manual is available in the city secretary's office. Revisions to the design manual shall be by ordinance of City Council. (b) Compliance with Small Cell Design Manual. The installation and construction of micro network nodes, network nodes, transport facilities, and new node support poles in the rights-of-way is subject to the Corpus Code of Ordinance, Unified Development Code and the Small Cell Design Manual. Sec 49-86 Administrative hearing — request for exemption Should the Network Provider desire to deviate from any of the standards set forth in the Design Manual, the Network Provider may request an Administrative Hearing before a Board of Appeals. The Zoning Board of Adjustment shall act as the Board of Appeals for a Request for Exemption. The process for an application, hearing and vote shall follow the process set out for a variance Sec 49-87 General construction and maintenance (a) General. In accordance with Ch. 284., § 284.102, a Network Provider shall construct and maintain wireless facilities in a manner that does not: 8 (1) Obstruct, impede, or hinder the usual travel or public safety on a public right-of-way; (2) Obstruct the illumination of street lights; (3) Obstruct the legal use of a public right-of-way by other utility providers; (4) Violate nondiscriminatory applicable codes; (5) Violate or conflict with the City's Small Cell Wireless Facilities right- of-way use ordinance or Small Cell Design Manual; (6) Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.). (b) Windstorm. All affected materials and installation shall comply with Texas Department of Insurance Requirements for windstorm resistant construction for design wind speed or as required by adopted City Technical Construction Codes, whichever is more restrictive. Permittee shall be responsible for contracting with a licensed structural engineer in the State of Texas to perform all inspections and provide documentation that the installation was inspected and constructed in accordance with City-approved plans and codes. (c) Breakaway Poles. New network support poles -Adjacent to arterials or higher capacity roadways, breakaway poles must be used for the Installation of Network Nodes and related wireless facilities. Sec 49-88 Emergency removal, removal, replacement, maintenance, and repair (a) Relocation. Except as provided in State and Federal law, a network provider, within 90 days of receipt of written notice from the City, shall relocate or adjust network nodes in a public right-of-way without cost to the City in the management and maintenance of the public right-of-way and shall comply with the relocation requirements in the Code of Ordinances. The City will make a good-faith effort to assist with identifying a location in a nearby Right-of-Way for the network node. The Network Provider shall obtain all permits required prior to relocation. The City shall waive the application fees and transfer all remaining rights to the new location so long as such relocation was not directly caused by the Network Provider. (b) Emergency removal, removal, replacement, maintenance, and repair. 9 (1) Other than routine maintenance where no roadway obstruction is necessary, a network provider must provide the City with seven days' advanced notice of any significant maintenance work conducted within the public right-of-way and of any work to replace or upgrade a network node or pole, to install, place, maintain, operate, or replace micro network nodes that are strung on cables between existing poles or node support poles. (2) A network provider must comply strictly with the requirements of the right-of-way maintenance ordinance and other applicable ordinances, when installing, replacing, maintaining, repairing, upgrading, removing, relocating or operating micro network nodes, network node facilities, node support poles and related ground equipment, except to the extent not consistent with Ch. 284, § 284.107, and except as provided in existing State and Federal law. (3) The City retains the right and privilege to disconnect or move any network node, node support pole, or associated ground equipment located within the public right-of-way of the City, as the City may determine to be necessary, appropriate or useful in response to any imminent public health or safety emergency. The City shall immediately notify the Network Provider after disconnecting or removing a network node, node support pole or associated ground equipment. If circumstances permit, the City shall notify the network provider and allow the network provider an opportunity to move its own facilities prior to the City disconnecting or removing a facility. (c) Removal or relocation by network provider. (1) If the Network Provider relocates a Micro Network Node, Network Node facilities, Node Support Pole or related ground equipment at its own discretion, it shall notify the City Manager in writing not less than 10 business days prior to relocation. Network Provider shall obtain all Permits required for relocation of its Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment prior to relocation. (2) All portions of the Micro Network Node, Network Node, Node Support Pole and related ground equipment may be removed by Network Provider at any time, provided the Network Provider shall notify the City Manager of such removal within thirty (30) days after removal. The City shall not issue any refunds for any amounts paid by Network Provider for Micro Network Node, Network Node facilities, Node Support Poles or related ground equipment-that have been removed. (d) Removal or Relocation Required for a City Project (1) Except as provided in existing state and federal law, a Network Provider shall relocate or adjust Micro Network Node, Network Node, 10 Node Support Pole and related ground equipment in a public right-of-way in a timely manner and without cost to the municipality managing the public right-of-way. (2) Network Provider understands and acknowledges that the City may require Network Provider to remove or relocate its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or any portion thereof from the Right-of-Way for City construction projects as allowed by state and federal law, including the common-law. (3) Network Provider shall, at the City Manager's direction, remove or relocate the same at Network Provider's sole cost and expense, except as otherwise provided in existing state and federal law, whenever the City Manager reasonably determines that the relocation or removal is needed for any of the following purposes: Required for the construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any City construction or maintenance project of a street or public rights-of-way to enhance the traveling public's use for travel and transportation. (4) If Network Provider fails to remove or relocate the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof as requested by the City Manager within 90 days of Network Provider's receipt of the request, then the City shall be entitled to remove the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof at Network Provider's sole cost and expense, without further notice to Network Provider. (5) Network Provider shall, within 90 days following receipt of invoice for the same, reimburse the City for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof. (e) Removal Required by City for Safety and Imminent Danger Reasons (1) Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment within the time frame and in the manner required by the City Manager if the City Manager reasonably determines that the disconnection, removal, or relocation of any part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment: (A) is necessary to protect the public health, safety, welfare, or City property; (B) the Micro Network Node, Network Node, Node Support Pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or City property; or 11 (C) Network Provider fails to obtain all applicable licenses, Permits, and certifications required by Law for its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or use of any Location under applicable law in strict accordance with the City's rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. (2) The City Manager shall provide 90 days written notice to the Network Provider before removing a Micro Network Node, Network Node, Node Support Pole and related ground equipment under this Section, unless there is imminent danger to the public health, safety, and welfare. (3) Network Provider shall reimburse City for the City's actual cost of removal of Micro Network Node, Network Node, Node Support Pole and related ground equipment within 90 days of receiving the invoice from the City. Sec 49-90 Improperly Located Network Node facilities, Node Support Poles and related ground equipment: (a) Improperly Located Network Node facilities, Node Support Poles and related ground equipment shall not impede pedestrian or vehicular traffic in the Right-of-Way. If any Network Node facilities, Node Support Poles or ground equipment is installed in a location that is not in accordance with the plans approved by the Director of Development Services and impedes pedestrian or vehicular traffic or does not comply or otherwise renders the Right-of-Way non- compliant with applicable Laws, including the American Disabilities Act, then Network Provider shall promptly remove the Network Node facilities, Node Support Poles or ground equipment. (b) Notice to Remove unauthorized facilities and relocate and penalty: After 90 days' notice to remove unauthorized Network Node facilities, Node Support Poles or ground equipment in the incorrect permitted location, if not relocated, the Network Provider shall be subject to a penalty of $100 per day that begins to accrue at the expiration of the 90 days' notice period until the Network Node facilities, Node Support Poles or ground equipment is removed regardless of whether or not the Network Provider's contractor, subcontractor, or vendor installed the Network Node facilities, Node Support Poles or ground equipment in strict conformity with the City Rights-of-way management ordinance and other applicable ordinances concerning improperly located facilities in the rights-of- way. Removal and relocation is not required and penalties will not be imposed if the Network Provider, after receipt of the 90 days' notice required by this subsection, applies for a permit and the City approves such application for the present location. In such case, for purposes of back rent, the City may invoice, and Network Provider shall pay to City within ninety (90) days from receipt of the invoice, a sum equal to five (5) times the then current, applicable rental rate(s) 12 multiplied by the number of unauthorized Network Nodes, unless the Network Provider can produce documentation showing installation of the Network Node occurred on a later date, in which case Network Provider shall pay back rent from that point forward. Sec 49-91 Abandonment Permittee shall remove micro network nodes, network nodes, node support poles, and related ground equipment when such facilities are abandoned or are obsolete, regardless of whether it receives notice from the City. Unless the City sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of 90 days of it being abandoned or within 90 days of receipt of written notice from the City. A micro network node, network node, node support pole and related ground equipment is presumed abandoned if such facilities are not operated for 180 consecutive calendar days. When Permittee removes abandoned permanent structures in the public right-of-way, the Permittee shall notify the City Engineer in writing of such removal and shall file with the City Engineer the location and description of the abandoned micro network nodes, network nodes, node support poles, and related ground equipment removed. The City Engineer may require the Permittee to complete additional remedial measures necessary for public safety, health, and welfare, and the integrity of the public right-of-way. Sec 49-92 Bonding, Insurance, and Indemnity (a) Bond (1) Within thirty days of the approval of provider's initial permit under this Article, provider shall maintain and furnish to the city a security in favor of the city. "Security" means an executed performance bond acceptable to the city, for the purpose of protecting the city from the costs and expenses associated with provider's failure to comply with its material obligations under and throughout the time of provider's occupancy of public right-of- way, including but not limited to: (A). The city's restoration of the public right-of-way; (B) The city's removal of any of provider's attachments that are abandoned or not properly maintained or that need to be removed to protect public health, safety, welfare, or city property; (C) The city's recoupment of rental fees that have not been paid by provider in over twelve months, after provider receives reasonable notice from the city of any of the non-compliance listed above and opportunity to cure. 13 (2) The amount of security shall be one-hundred-thousand dollars for between one and thirty sites, and one-hundred-fifty-thousand dollars for between thirty-one and fifty sites. The security amount shall be prorated based on the number of attachments. (3) The bond, if any, must be in a form approved by the city attorney and issued by a corporate surety authorized and admitted to write surety bonds in Texas. The surety must be listed on the current list of accepted sureties on federal bonds published by the United States Treasury Department or reinsured for any liability up to one hundred thousand dollars by a reinsurer listed on the U.S. Treasury list. (4) In the event the surety or party issuing the security cancels or decides not to renew or extend the security, provider shall obtain, and provide to the city attorney for approval, a replacement security with another surety, authorized to do business in Texas, within thirty days of the date the security has been cancelled or non-renewed. (5) In the event the city draws upon the security, provider must replenish the amount of the security within thirty days. The city will notify provider in writing as a precondition to drawing on, seeking payment under, or executing against the security. (6) In the event that provider shall relinquish its permits and remove its attachments from city facilities or public right-of-way, the city shall return the security to provider, or a portion thereof, within sixty (60) days of the removal of the attachments. (b) Insurance (1) Network Provider must submit a certificate of liability insurance in the amount of $1,000,000.00 primary plus 2,000,000.00 umbrella or other securities as acceptable to the City Risk Manager or designee for the city. The city shall be named as additional insured on such certificate. (2) The coverage must be on an "occurrence" basis and must include coverage for personal injury, contractual liability, premises liability, medical damages, underground, explosion and collapse hazards. (3) Each policy must include a cancellation provision in which the insurance company is required to notify the city in writing not fewer than thirty days before canceling, failing to renew, or reducing policy limits. (4) The Network Provider shall file with the City Risk Manager the required original certificate of insurance prior to any commencement of work. The certificate shall state the policy number; name of insurance company; name and address of the agent or authorized representative of 14 the insurance company; name, address and telephone number of insured; policy expiration date; and specific coverage amounts. (5) At all times during Network Provider's use and occupancy of city facilities or public right-of-way, Network Provider shall keep in force and effect the same insurance coverage. (c) Indemnification (1) Per Ch. 284., §284.302, Network providers shall indemnify and hold the municipality and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought that is found by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission of the Network provider, any agent, officer, director, representative, employee, affiliate, or subcontractor of the Network provider, or their respective officers, agents, employees, directors, or representatives, while installing, repairing, or maintaining facilities in a public right-of-way. The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the municipality, its officers, employees, contractors, or subcontractors. If a Network provider and the municipality are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the municipality under state law and without waiving any defenses of the parties under state law. This section is solely for the benefit of the municipality and Network provider and does not create or grant any rights, contractual or otherwise, to any other person or entity. (2) Network provider or municipality shall promptly advise the other in writing of any known claim or demand against the Network provider or the municipality related to or arising out of the Network provider's activities in a public right-of-way. Section 49-93 Assignment (a) Assignment —A permit shall be personal to the permittee. However, a permittee may assign a permit to other entities provided that, prior to the assignment, it first obtains the city manager's written consent to the assignment. The city manager may not unreasonably withhold consent to a permittee's request to assign its permit. In the event of any transfer of the permit to a third party, all of the benefits and obligations created by a permit will inure to the benefit of and become binding upon the assignee, and the permittee will be released from its obligations under 15 the permit. Notwithstanding any of the foregoing, a permittee may assign its interest in the permit to any licensed affiliate without the prior written consent of city, but such an assignment may not relieve the permittee of any of its obligations or liabilities under the permit, whether accrued or unaccrued. (b) Permittee shall not sub-license or lease its rights under this Ordinance or associated Permits to an unaffiliated third party, including but not limited to allowing third parties to place Attachments on Poles, or by placing Attachments on Poles for the benefit of such third parties, without City's prior written consent. The city manager may not unreasonably withhold consent to a permittee's request to sub-license or lease its permit. The parties agree and acknowledge that, notwithstanding anything in this Ordinance to the contrary, certain Facilities deployed by Permittee in the Rights-of-Way pursuant to this Ordinance and associated Permits may be owned and/or operated by Permittee's third-party wireless carrier customers ("Carriers") and installed and maintained by Permittee pursuant to license agreements between Permittee and such Carriers. Such Facilities shall remain under Permittee's custody, care and control and shall be treated as Permittee's Facilities for all purposes under this Ordinance and associated Permits provided that (i) Permittee remains responsible and liable for all performance obligations under the Permits with respect to such Facilities; (ii) City's sole point of contact regarding such Facilities shall be Permittee; and (iii) Permittee shall have the right to remove and relocate the Facilities necessary for ordinary operation and maintenance so long as the location has already been approved by the City. Sec 49-94 Enforcement It is unlawful for any person, firm or corporation to violate the provisions or terms of this Article or the Small Cell Design manual that is adopted by reference, and violators shall be subject to a penalty for each offense in accordance with section 1-6 of the Corpus Christi Code of Ordinances or any civil or injunctive relief in a court of competent jurisdiction. SECTION 2. The City of Corpus Christi Design Manual, attached as Exhibit A, is adopted in its entirety. 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 16 intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. SECTION 4. Penalties are as provided in Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance takes effect upon publication. 17 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 18 Exhibit City of Corpus Christi Small Cell Design Manual f®r the Installati®n®f Netvv®rk N®des and N®de Supp®rt P®les pursuant t®Texe L®ce G®ve C®de,Chapter 2�4 Go�Qus cy�� iJ 0 7852 2018 Exhibit A Table of Contents Section 1 2 Section 2 2 Section 3 8 Section 4 8 Section 5 10 Section 6 13 Section 7 13 Section 8 14 Section 9 15 Section 10 17 1 Exhibit A SECTION 1. PURPOSE AND APPLICABILITY The City of Corpus Christi ("City") recognizes that the State of Texas has delegated to the City the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public. A. Purpose: 1. Loc. Gov. Code, Chapter 284 allows certain wireless Network Providers to install in the public rights-of- way their wireless facilities, described and defined in Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002 as "Micro Network Nodes", "Network Nodes", and "Node Support Poles" 2. As expressly allowed by Tex. Loc. Gov. Code, Chapter 284, Section 284.108, and pursuant to its police power authority reserved in Sec. 284.3011, the City enacts these Design Guidelines in order to meet its fiduciary duty to the citizens of the City, and to give assistance and guidance to wireless telecommunication providers to assist such companies in the timely, efficient, safe and aesthetically pleasing installation of technologically competitive equipment. B. Applicability: 1. This Design Manual is for siting and criteria for the installation Wireless Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related ground equipment being installed pursuant to Loc. Gov. Code, Chapter 284. 2. This Design Manual shall apply to any installations, collocations in, on, over or under the public rights-of- way of Network Nodes, Node Support Poles, Micro Network Nodes, Distributed Antenna Systems, microwave communications or other Wireless Facilities, by whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed pursuant to an agreement as agreed to and consented to by the City in its discretion or installed as may otherwise be allowed by state law. 3. Items identified as encouraged within this design manual are not legally required. Items identified as discouraged within this design manual are not prohibited bylaw. SECTION 2. PREFERED LOCATIONS OF MICRO NETWORK NODES, NETWORK NODES, NODE SUPPORT POLES AND RELATED GROUND EQUIPMENT. 2.1 Least Preferable Locations A. Residential Areas and Parks 1. A Network Provider is discouraged from installing a Network Node on an existing pole in a public right-of- way if the public right-of-way is located in or adjacent to a street or thoroughfare that is adjacent to a municipal park or single-family residential lots or other multifamily residences or undeveloped land that is for residential use by zoning or deed restriction. 2. In accordance with Chapter 284,Sec.284.104(b)a Network Provider installing a Network Node or a Node Support Pole in a public right-of-way shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. 2 Exhibit A B. Air Installation Compatible Use Zones (AICUZ) 1. A Network Provider is discouraged from installing Network Node Facilities, Node Support Poles or Ground Equipment in areas designated "Clear Zones". C. Historic District and Design Districts 1. A Network Provider is discouraged from installing a Network Node or a Node Support Pole in the public right-of-way in any area designated by the City as a Design District or in an area of the City zoned or otherwise designated as a Historic District unless such a Network Node or a new Node Support Pole is camouflaged. D. Currently Designated Design Districts 1. Downtown/Uptown Overlay i. Network Node Facilities, Node Support Poles or Ground Equipment that are located in the Designated District "Uptown/Downtown Overlay" should be consistent with the aesthetic and design regulations in chapter 6.11 of the City's Unified Development Code. (ExhibitA) 2. Island Overlay i. Network Node Facilities, Node Support Poles or Ground Equipment that are located in the Designated District "Island Overlay" should be consistent with the aesthetic and design regulations in chapter 6.4 of the City's Unified Development Code. (Exhibit B) 3. Tax Increment Reinvestment Zone#3 (TIRZ#3). (Exhibit C) The failure to designate an area in this Chapter shall not mean that such an area is not within a defined district, if so designated by the City Council. Future areas may be designated as one of these Districts at any time. Such a designation does not require a zoning case. 3 Exhibit A Uptown-Downtown Overlay District Boundary W E . f 4• _i 'IF NAVE y� F r � Exhibit A 4 Exhibit A Island Overlay District Boundary 71kE ( f Island Overlay Border t 0 0.5 1 City;of Corpus Christi,Planning LJepartrreni,July 9 201& "'' Mlles Exhibit B 5 Exhibit A TI RZ #3 Boundary N r w E S 77 Fir lii�� ZP CORPUS CHRISTI BAY Z C �I-Ol+ � 'i � cM1 M. r 9 T ,:, J�'• MORGAN AVE 1 inch = 0.3 miles Exhibit 6 Exhibit A E. Historic Landmarks 1. A Network Provider is discouraged from installing a Network Node or Node Support Pole within 300 feet of a historic site or structure or Historic Landmark recognized by the City, state or federal government (see, for example,and not limited to§442.001(3)of the Texas Government Code,and 16 U.S.C. §470),as of the date of the submission of the permit. 2. Each permit application shall disclose if it is with 300 feet of such a Historic Landmark structure. 2.2 Most Preferable Locations A. Industrial Areas 1. if not adjacent to a Municipal Park, Residential area, Historic District or Design District. B. Highway Rights-of-Way 1. If not adjacent to a Municipal Park, Residential area, Historic District or Design District. C. Retail and Commercial Areas 1. If not adjacent to a Municipal Park, Residential area, Historic District or Design District. 2.3 Order of Preference Regarding Network Node Attachment to Existing Facilities and New Node Support Poles. A. Micro Network Nodes shall only be attached on existing telephone or electrical lines between existing utility poles (electric poles or telephone poles),with notice to the pole owner as required by the Federal Pole Attachment Act, and not placed on Utility Poles, Node Support Poles or Service Poles. B. Existing Utility Poles (electric poles or telephone poles) 1. Existing Utility Poles shall be the preferred support facility for Network Nodes and related ground equipment. C. Municipal Service Poles 1. Non-decorative street lights with a height of more than 20 feet. i. Be encased in a separate conduit than any City signage electronics ii. Have a separate electric power connection than the signage structure;and iii. Have a separate access point than the signage structure 2. Traffic signal structures when such installation will not interfere with the integrity of the facility and will not interfere with the safety of the public and in accordance with an agreement as allowed by Chapter 284, Sec. 284.056 and Sec. 284.101 (a) (3), and (b). i. Be encased in a separate conduit than any City signage electronics 7 Exhibit A ii. Have a separate electric power connection than the signage structure;and iii. Have a separate access point than the signagestructure 3. Street signage shall be a low priority use for attachment of a Network Node. 4. Other municipal service pole use is discouraged D. New Node Support Poles 1. New Node Support Poles shall be the least preferred type of allowed facility for attachment of Network Nodes. E. Ground Equipment 1. Ground equipment should be minimal and the least intrusive. SECTION 3: PRIOR TO APPLYING FOR A PERMIT A. For non-city owned property in the Public Right-of-Way, Network Providers are responsible for obtaining permission from the owners of such non-city owned property. B. It shall be the responsibility of the Network Provider to evaluate, prior to submitting a permit application, the compatibility between the existing City infrastructure and Provider's proposed Network Node. SECTION 4: PERMITTING A. Prior to installing a Wireless Facility, Network Providers shall complete and submit an application for a utility permit.The following are required documents for the application: 1. Plans and drawings prepared and sealed by a professional Engineer licensed in the State of Texas that provide detailed drawings with calculations to show strict conformity to the size limitations as set forth in TLGC, Chapter 284, in accordance with, but not limited to Chapter 284, Sec. 284.002, Size of a Micro Network Node, Sec. 284.003, Size of Network Nodes, and Sec. 284.103, Maximum Pole Height, with each application and with each request for a permit for each location. B. Installations on all Service Poles shall have an industry-standard pole load analysis completed in accordance with the provisions of the National Electric Safety Code and submitted with each permit application indicating that the Service Pole to which the Network Node is to be attached will safely support the load, in accordance with Chapter 284.108. C. All affected materials and installation methods must comply with the Texas Department of Insurance's Requirements for windstorm resistant construction. 8 Exhibit A D. Plat and site plan which includes the following: 1. Indication of current right-of-way line and other easements and encumbrances 2. Indication of spacing from existing curb, driveways, sidewalk, trees, utilities, other poles and existing buildings 3. Width of Pedestrian Clear Zone 4. Proposed underground conduit and equipment and its spacing from otherutilities 5. All conduit shall be located a minimum of 24 inches away from existing utilities, not less than two feet from the edge of a pipe for water or sanitary sewer mains, and two feet above or below water or sanitary sewer mains when crossing perpendicular. Written approval from the Water Department Director or designee is required if a Network Provider is requesting a horizontal clearance of less than two (2) feet or a vertical clearance of less than two (2)feet of a water or sanitary sewer main. 6. Scaled drawings of the proposed attachments of a Network Node to a Service Pole or Node Support Pole of a scale of no less than 1"-40". 7. Copy of the Node ID sticker 8. Longitude and Latitude for each Network Node and Node Support Pole. 9. An analysis demonstrating that the proposed Wireless Facility does not cause any interference with the City's public safety radio system, traffic signal light system, or other city safety communications components in accordance with TLGC, Chapter 284, Sec.284.304. E. In the event that placement or maintenance of Wireless Facilities conducted by the Network Provider requires street or traffic lanes to be closed or obstructed, the Network Provider shall submit a traffic control plan. Storm Water Pollution Prevention Plan and Trench Safety Plan may also be required based on the proposed scope of work.The City retains the right to determine these conflicts and may require the movement of Wireless Facilities during review. F. Network Providers shall obtain an electrical permit and inspection by City staff prior to the installation of an electrical meter. G. Network Provider is required to schedule a site coordination meeting with City Staff for Historic and Design Districts. H. Network Provider shall pay fees and rates adopted by City Council I. Network Providers shall identify users of Wireless Facilities and provide a guarantee agreement signed by the users. 9 Exhibit A SECTION S. GUIDELINES ON PLACEMENT 5.1 Generally A. In accordance with Chapter 284.102,a Network Provider shall construct and maintain Network Nodes, including ground equipment, and Node Support Poles in a manner that does not: 1. obstruct, impede, or hinder the usual travel or public safety on a public right-of-way 2. obstruct the legal use of a public right-of-way by other utility providers 3. violate nondiscriminatory applicable codes 4. violate or conflict with the municipality's public right-of-way management regulation 5. violate Corpus Christi Code or this Design Manual 6. violate the federal Americans with Disabilities Act of 1990(42 U.S.C. Section 12101 et seq.) 5.2 Underground Requirement Areas A. In accordance with Chapter 284.107, a Network Provider shall, in relation to installation for which the City approved a permit application, comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions,that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. B. If a location is designated by the City to transition to be an Underground Requirement Area,the City encourages a Network Provider to relocate Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location within 180 days after the designation.The City will make a good- faith effort to assist with identifying a location in a nearby Right-of-Way for the Micro Network Node, Network Node, Node Support Pole, and related ground equipment. If the Network Provider opts to relocate its Micro Network Node, Network Node, Node Support Pole, and related ground equipment, it shall obtain all permits required prior to relocation.The City shall waive the application fees and transfer all remaining rights to the new location so long as such relocation was not directly caused by the Network Provider. 5.3 Network Node Facility Placement A. Right-of-Way 1. Network Node facilities, Node Support Poles and related ground equipment shall not obstruct, impede, or hinder usual travel or public safety on a public right-of-way. B. Height Above Ground 1. Network Node attachments to a pole shall be installed at least eight(8)feet above the ground in accordance with Chapter 284, Sec. 284.108. For the safety and protection of the public and vehicular 10 Exhibit A traffic,the City encourages Network Node attachments projecting toward the street, be installed no less than sixteen (16)feet above the ground. C. Protrusions 1. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec. 284.003 (a) (2) (C) and Sec. 284.003 (a) (3) (B) no protrusion from the outer circumference of the existing structure or pole shall be more than two (2)feet. D. New Node Support Pole Spacing 1. In order to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area, the City encourages New Node Support Poles to be spaced apart from existing utility poles or Node Support poles at the same distance as the spacing between utility poles in the immediate proximity. E. Height of Node Support Poles or Modified Utility Pole 1. In accordance with Chapter 284, Sec. 284.103 a Node Support Pole or modified Utility Pole may not exceed the lesser of: i. 10 feet in height above the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way; or ii. 55 feet above ground level. 5.4 Ground Equipment A. Ground Equipment near Street Corners and Intersections 1. Ground equipment should be minimal and the least intrusive. In accordance with Chapter 284.102 (1), to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way the maximum line of sight required to add to safe travel of vehicular and pedestrian traffic and in order to maximize that line of sight at street corners and intersections and to minimize hazards at those locations, ground equipment may not be installed within a visibility triangle. 2. On any corner lot, a visibility triangle shall be established.The visibility triangle shall be formed by extending lines from the intersection of two streets to points 20 feet from the corner of the intersecting streets and then connecting the two points to form atriangle. 3. No construction, planting or grading shall be permitted to interfere with the sight triangle between the heights of 30 inches and 7 feet as measured from the crowns of the adjacent streets. 11 Exhibit A 5ioht triangle to be unobstructed between W"and T v � Clear of ob5truction5 20' 7' -- 20' —�� - -- -----�---3D" 5treet 5treet B. Ground Equipment Near Municipal Parks 1. For the safety of Municipal Park patrons, particularly small children, and to allow for full line of sights near Municipal Park property, the City discourages installation of ground equipment in a right-of-way that is within a Park or within 250 feet of the boundary line of a Park. C. Minimize Ground Equipment 1. In accordance with Chapter 284, Sec. 284.102 (1)to enhance the safety requirements of line of sight of pedestrians, particularly small children,the City's discourages installation of network node ground equipment where existing ground equipment within 300 feet already occupies a footprint of 25 sq. ft. ormore. 5.5 Municipal Service Poles A. In Accordance with Agreement 1. Installations on all service poles shall be in accordance with an agreement as allowed by Chapter 284, Sec.284.056 and Sec. 284.101 (a) (3), and (b). B. Required Industry Standard Pole Load Analysis 1. Installations on all Service Poles shall have an industry standard pole load analysis completed in compliance with the National Electric Safety Code and submitted to the municipality with each permit application indicating that the Service Pole to which the Network Node is to be attached will safely support the load, in accordance with Chapter284.108. C. Installations on Traffic Signals 1. Installations on all Traffic signal structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public and must be in accordance with an agreement as allowed by Chapter 284, Sec. 284.056 and Sec. 284.101 (a) (3), and (b). Installation of Network Node facilities on any traffic signal structures shall: i. Be encased in a separate conduit than the traffic Iightelectronics; 12 Exhibit A ii. Have a separate electric power connection than the traffic signal structure;and iii. Have a separate access point than the traffic signal structure. D. Installations on Street Signage 1. Installations on all street signage structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public. Installation of Network Node facilities on any street signage structures that has electrics shall: i. Be encased in a separate conduit than any City signage electronics; ii. Have a separate electric power connection than the signage structure;and iii. Have a separate access point than the signage structure. SECTION 6. GENERAL AESTHETIC REQUIREMENTS A. Concealment 1. The Network Node facilities shall be concealed or enclosed as much as possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized, except to the extent not consistent with Chapter 284. B. New Node Support Pole Spacing 1. The City discourages the installation of New Node Support Poles less than 300 feet from a utility pole or another Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area. C. Allowed Colors 1. Colors in Historic Districts and Design Districts with Decorative Poles must be approved by the City Manager or designee from a palette of approved colors. Unless otherwise provided, all colors shall be earth tones or shall match the background of any structure the facilities are located upon and all efforts shall be made for the colors to be inconspicuous. Colors in areas other than in Historic Districts and Design Districts with Decorative Poles shall conform to colors of other installations of telecommunication providers in the immediately adjacent areas. SECTION 7. ELECTRICAL SUPPLY A. Network Provider shall be responsible for obtaining any required electrical power service to the Micro Network Node, Network Node facilities, Node Support Poles and ground equipment.The City shall not be liable to the Network Provider for any stoppages or shortages of electrical power furnished to the Micro Network Node, Network Node facilities, Node Support Poles or ground equipment, including without limitation, stoppages or shortages caused by any act, omission, or requirement of the public utility serving the structure or the act or 13 Exhibit A omission of any other tenant or Network Provider of the structure, or for any other cause beyond the control of the City. B. Network Provider shall not allow or install generators or back-up generators in the Right-of-Way in accordance with Chapter 284, Sec. 284.002 (12) (B) (1). SECTION 8. INSTALLATION AND INSPECTIONS A. Installation 1. Network Provider shall, at its own cost and expense, install the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment in a good and workmanlike manner and in accordance with the requirements promulgated by the City Manager, as such may be amended from time to time. Network Provider's work shall be subject to the regulation, control and direction of the City Manager. All work done in connection with the installation, operation, maintenance, repair, modification, and/or replacement of the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment shall be in compliance with all applicable laws, ordinances, codes, rules and regulations of the City, applicable county, the state, and the United States("Laws"). 2. The contractor must call 811 before digging 3. For the installation of Node Support Poles, Hydro Vac excavation is strongly recommended; other means will be evaluated on a case by case basis. 4. Extreme care must be taken during construction by the contractor due to the natural gas pipelines which exist throughout the City and are not shown on the plans. 5. Adjacent to arterials or higher capacity roadways, breakaway posts must be used for the Installation of Network Nodes and related wireless facilities. 6. The minimum horizontal distance between proposed pole and AEP overhead is 20'. Network Provider is to coordinate with AEP to address the appropriate safe distance from the existing transmission line and the existing overhead powerlines. 7. Some location may have to be recycled due to zoning comment or field conditions. 8. The applicant must address any additional comments from Utilities that may arise and get City Approval for each tower. B. Inspections 1. The City Manager, or designee, may perform visual inspections of any Micro Network Node, Network Node, Node Support Pole or related ground equipment located in the Right-of-Way as the City Manager deems appropriate without notice. If the inspection requires physical contact with the Micro Network Node, Network Node, Node Support Poles or related ground equipment,the City Manager shall provide written notice to the Network Provider within sixty (60) days of the planned inspection. Network Provider may have a representative present during such inspection. SECTION 9. GENERAL PROVISIONS 14 Exhibit A A. As Built Maps and Records 1. Network Provider shall maintain accurate maps and other appropriate records of its Network Node facilities, Node Support Poles and related ground equipment as they are constructed in the Right-of- Way, including, upon request, the use of Auto CAD/GIS digital format.The information provided by GIS is for reference only. Network Provider will provide additional maps to the City upon request. B. Courtesy and Proper Performance. 1. Network Provider shall make citizen satisfaction a priority in using the Right-of-Way. Network Provider shall train its employees to be customer service-oriented and to positively and politely interact with citizens when dealing with issues pertaining to its Micro Network Node, Network Node, Node Support Pole and related ground equipment in the Right-of-Way. Network Provider's employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the City Manager or designee, Network Provider is not interacting in a positive and polite manner with citizens, he or she shall request Network Provider to take all remedial steps to conform to thesestandards. C. Drug Policy. 1. It is the policy of the City to achieve a drug-free workforce and workplace.The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by Network Provider's employees, contractors, subcontractors, sub-Network Provider's, or vendors while on City rights-of-way is prohibited. D. Allocation of Funds for Removal and Storage 1. The City has appropriated $0 to pay for the cost of any removal or storage of Micro Network Node, Network Node, Node Support Pole and related ground equipment, as authorized under this Article, and no other funds are allocated. E. Ownership 1. No part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment erected or placed on the right-of-way by Network Provider will become or be considered by the City as being affixed to or a part of, the Right-of-Way. All portions of the Micro Network Node, Network Node, Node Support Pole and related ground equipment constructed, modified, erected, or placed by Network Provider on the Right-of-Way will be and remain the property of Network Provider and may be removed by Network Provider at any time, provided the Network Provider shall notify the City Manager of such removal within thirty(30) days after removal. F. Logo, Decals, Flashing Lights, RF Warning Sticker and Node IDs 1. Network Provider shall post its name, location identifying information, permit number and emergency telephone number in an area on the cabinet of the Network Node facility that is visible to the public. Signage required under this section shall not exceed 2 inches by 4 inches, unless otherwise required by law(e.g. RF ground notification signs). 15 Exhibit A i. Consider placing the node ID sticker on the underside of the equipment enclosure so it is only visible when standing next to the pole and looking up. If the node ID sticker cannot be placed on the underside of the main equipment arena, place the sticker on the side of the enclosure facing in the direction of travel (e.g. north-facing for a pole on the right-hand side of the street on a north-south street).Alternatively, consider combining with disconnect information. ii. Use sticker colors that are more muted (e.g. tan), complementary or the same color as the equipment but with white colored lettering. iii. Utilize the smallest and lowest visibility(e.g. yellow instead of blue) radio-frequency(RF) warning sticker required by the government or electric utility regulations. Place the RF sticker as close to the antenna as possible, facing directly out toward the street, or directly away from the street if there is no window or doorway within twenty-five (25) feet of the pole(preferred). 2. Except as required by laws or by the Utility Pole owner, Network Provider shall not post any other signage or advertising on the Micro Network Node, Network Node, Node Support Pole, Service Pole or Utility Pole. 3. Equipment shall not have flashing lights that are visible to the public. 4. All equipment manufacturer decals shall be removed unless removal of the decal invalidates the manufacturer warranty, or the decal includes product identification information needed for product replacement or repair. 5. All visibly depressed manufacturer logos on equipment boxes shall be filled in. G. Tree Maintenance 1. Network Provider, its contractors, and agents shall obtain written permission from the City Manager before trimming trees in the public right-of-way hanging over its Micro Network Node, Network Node, or Node Support Pole, to prevent branches of such trees from contacting attached Micro Network Node, Network Node, or Node Support Pole. When directed by the City Manager, Network Provider shall trim under the supervision and direction of the Parks Director.The City shall not be liable for any damages, injuries, or claims arising from Network Provider's actions under this section. Network Providers are not permitted to trim trees outside of the public right-of-way. H. Graffiti Abatement 1. As soon as practical, but not later than fourteen (14) calendar days from the date Network Provider receives notice thereof, Network Provider shall remove all graffiti on any of its Micro Network Node, Network Node, Node Support Pole, and related ground equipment located in the Right of Way.The foregoing shall not relieve the Network Provider from complying with any City graffiti or visual blight ordinance or regulation. 16 Exhibit A I. Restoration 1. Network Provider shall repair any damage to the Right-of-Way, or any facilities located within the Right- of-Way, and the property of any third party resulting from Network Provider's removal or relocation activities (or any other of Network Provider's activities hereunder)within 10 calendar days following the date of such removal or relocation, at Network Provider's sole cost and expense, including restoration of the Right-of-Way and such property to substantially the same condition as it was immediately before the date Network Provider was granted a Permit for the applicable Location or did the work at such Location (even if Network Provider did not first obtain a Permit), including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the City Manager. SECTION 10: DEFINITIONS The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this Design Manual, unless otherwise noted in this Section 2, below.2 Abandon and its derivatives means the facilities installed in the right-of-way (including by way of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and node support poles, or portion thereof)that have been left by Provider in an unused or non-functioning condition for more than 180 consecutive calendar days unless, after notice to Provider, Provider has established to the reasonable satisfaction of the City that the applicable facilities,or portion thereof, is still in active use. Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. Applicable codes mean: (A) uniform building,fire,electrical, plumbing,or mechanical codes adopted by a recognized national code organization;and (B) local amendments to those codes to the extent not inconsistent with Chapter284. City means the City of Corpus Christi, Texas or its lawful successor. City Manager shall mean City Manager or designee Chapter 284 means Tex. Loc. Gov. Code, Chapter 284. Collocate and collocation mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole. Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended, painted, disguised, camouflaged or otherwise concealed such that the Wireless Facility blends into the surrounding environment and is visually unobtrusive as allowed as a condition for City advance approval under Chapter 284, Sec. 284.105 in Historic or Design Districts with decorative poles. A Concealed or Camouflaged Wireless Facility or Pole also includes any Wireless Facility or Pole conforming to the surrounding area in which the Wireless Facility or Pole is located and may include, but is not limited to hidden beneath a fagade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches. 17 Exhibit A Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes. Design District means an area that is zoned, or otherwise designated by municipal code, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. Disaster emergency or disaster or emergency means an imminent, impending, or actual natural or humanly induced situation wherein the health,safety, or welfare of the residents of the city is threatened, and includes, but is not limited to any declaration of emergency by city state or federal governmental authorities. Distributed Antenna System or DAS shall be included as a type of"Network Node." Easement means and shall include any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever. "Easement" shall include a private easement used for the provision of utilities. Federal Communications Commission or FCC means the Federal Administrative Agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level. Highway right-of-way means right-of-way adjacent to a state or federal highway. Historic district means an area that is zoned or otherwise designated as a historic district under municipal,state,or federal law. Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance. Local means within the geographical boundaries of the City. Location means the City approved and lawfully permitted location for the Network Node. Macro tower means a guyed or self-supported pole or monopole greater than the height parameters prescribed by Chapter 284, Section 284.103 and that supports or is capable of supporting antennas. Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Municipal park means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity. Municipally owned utility pole means a utility pole owned or operated by a municipally owned utility,as defined by Section 11.003, Utilities Code, and located in a public right-of-way. MUTCD means Manual of Uniform Traffic Control Devices. Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: 18 Exhibit A (A) includes: (i) equipment associated with wireless communications; (ii) a radio transceiver,an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration;and (iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and (B) does not include: (i) an electric generator; (ii) a pole;or (iii) a macro tower. Network provider means: (A) a wireless service provider;or (B) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: (i) network nodes;or (ii) node support poles or any other structure that supports or is capable of supporting a network node. Node support pole means a pole installed by a network provider for the primary purpose of supporting a network node. Permit means a written authorization for the use of the public right-of-way or collocation on a service pole required from a municipality before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority. Pole means a service pole, municipally owned utility pole, node support pole,or utility pole. Private easement means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns. Provider has the same meaning as "Network Provider." Public right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest.The term does not include: (A) a private easement;or (B) the airwaves above a public right-of-way with regard to wireless telecommunications. Public right-of-way management ordinance means an ordinance that complies with Chapter 284, Subchapter C. Service pole means a pole, other than a municipally owned utility pole, owned or operated by a municipality and located in a public right-of-way, including: (A) a pole that supports traffic control functions; (B) a structure for signage; (C) a pole that supports lighting, other than a decorative pole;and (D) a pole or similar structure owned or operated by a municipality and supporting only network nodes. Small cell shall be included as a type of"Network Node." 19 Exhibit A Street means only the paved portion of the right-of-way used for vehicular travel, being the area between the inside of the cu rb to the inside of the opposite curb,or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. A "Street" is generally part of, but smaller in width than the width of the entire right-of- way, while a right-of-way may include sidewalks and utility easements, a "Street"does not. A"street" does not include the curb or the sidewalk, ifeither are present at the time of a permit application or if added later. SWPPP shall mean Storm Water Pollution Prevention Plan. TAS means Texas Accessibility Standards. Traffic Signal means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed. Transport facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. Underground Requirement Area shall mean means an area where poles, overhead wires, and associated overhead or above ground structures have been removed and buried or have been approved for burial underground pursuant to municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way. User means a person or organization which conducts a business over facilities occupying the whole or a part of a public street or right-of-way, depending on the context. Utility pole means a pole that provides: (A) electric distribution with a voltage rating of not more than 34.5 kilovolts;or (B) services of a telecommunications provider,as defined by Chapter 284, Section 51.002, Utilities Code. Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless service to the public. Wireless facilities mean "Micro Network Nodes," "Network Nodes," and "Node Support Poles" as defined in Texas Local Government Code Chapter 284. 20 Small Cell Regulations — August 21st, 2018 Introduction In September 2017, Senate Bill No.1004, amending the Texas Local Government Code by adding Chapter 284. Deployment of Network Nodes in Public Rights-of-Way, required cities to allow Network providers to install wireless antennae (network nodes) in city right-of-way and set . parameters for: - Height .ET - Size - FeesI - Clearance ' Network Node: Equipment at a fixed location that LL enables wireless communications between user equipment ad a communications network z Key Feature of Ordinance Ordinance creates a permitting system for installation of Network Nodes and associated equipment in City Right of Way. Ordinance establishes application fees of $500.00 per application, up to five network nodes per application; $500.00 per application for the 1 st five network nodes, then an additional $250.00 for each additional network node per application; and $1 ,000.00 per application for each pole; the maximum allowed per State law. Ordinance establishes annual right of way rate for Network nodes of $250.00 annually per network node installed in City public right-of- way and $20 per network node collocated on City service poles; the maximum allowed per State law. 3 -41 Key Feature of Ordinance Ordinance establishes general rules to protect public safety such as verification of Windstorm resistance Ordinance establishes procedures to address removal of Network Nodes for emergency, City Construction, and abandonment Ordinance adopts the City of Corpus Christi Small Cell Design Manual 4 Why Adopt a Small Cell Design Manual? Section 284.107 of SB 1004 allows cities to adopt a Design Manual A Small Cell Design Manual gives guidance regarding placement and aesthetic requirements to the City and Network Providers when working with Network Nodes, Node Support Poles and related ground equipment that has or will be deployed in the Public right-of-way. Network Nodes will inevitably be deployed to allow cities to provide adequate and reliable wireless services to residents. 5 Examples oil ail 1�1 1�1 Left- Ap ropriate 1�1 1�1 Installation in 1�1 1�1 lia Design 1M Districts FAJ ` E ` LSI W X47 1 .is ` 9 -- --- - City of Ft.Worth Small Cell Design anual 6 Corpus Christi Small Cell Design Manual The Corpus Christi Small Cell Design Manual Includes recommendations and guidelines for the City and Network Providers regarding the following components of Small Cell Installation: Purpose and Applicability General Aesthetic Requirements - Loc.Gov. Code Chapter 284 Concealment - Safe and aesthetically pleasing installations - Installation on street signage Preferred Locations of Micro Network Nodes Electrical Supply Industrial Areas/Residential and Parks - Responsibilities of Network Provider - Designated and historic districts Prior to Applying for a Permit Installation and Inspections -Prior Responsibilities of the Network Provider -Installation and inspection considerations and recommendations Permitting -Permitting Process General Provisions - Tree Maintenance Guidelines on Placement - Graffiti Abatement - Undergrounding - Restoration - Network Node Facility Placement - Ownership - Height - Metered Paring Spaces 7 Recommendation City Staff and Planning Commission Recommend Approval of the Small Cell fee, regulations, and Design Manual. 8 oQpv_s cci aka: vAGENDA MEMORANDUM / First Reading Ordinance for the City Council Meeting of August 14, 2018 /852 Second Second Reading Ordinance for the City Council Meeting of August 21, 2018 DATE: July 31, 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 Constance P. Sanchez, Director of Finance constancep@cctexas.com (361)826-3227 Appropriate Fund Proceeds Fiscal Year 2017.2018 CAPTION: Ordinance to appropriate (a) $62,420.48; (b)$1,624,968.22; (c)$2,160,863.62; (d)$143,594.59; and (e) $65,406.99; into the Airport CIP, Bond Proceeds, Utility Revenue Bond, Specialty Bond Proceeds and other Unappropriated Funds, respectively,for the following purposes:City's match for future FAA Grant Projects, Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Library, Convention Center, Parks, Streets, and Utilities, and as further detailed in Attachment 1; changing the FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 to increase expenditures accordingly. PURPOSE: Appropriating capital proceeds accrued from July 1, 2017 through June 30, 2018, makes these funds available for approved capital projects within their respective department. BACKGROUND AND FINDINGS: This agenda item is a routine practice to efficiently manage City finances and provides additional funds which can be used for approved projects within the funds from which earned and debt service payments. It also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. These unappropriated capital Project No:NA (Page I) NA/LH Legi tar No.:IB 935 Rev_I-0 /31/18 revenues come from a variety of sources including interest earnings, miscellaneous revenues collected,and reimbursements. (See Attachment A). Miscellaneous funding for this year includes TxDOT cost recovery, street assessments collected, and property rental revenue for construction yard site. ALTERNATIVES: 1. Appropriate funds as recommended. 2. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY I NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: u Operating X Revenue o Capital u Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget Encumbered/ Expended Amount This item 4,057,253.90 4,057,253.90 Future Anticipated Expenditures This Project BALANCE 4,057,253.90 4,057,253.90 Fund(s): This item will appropriate$4,057,253.90 in interest and other revenues to funds listed in Attachment A. RECOMMENDATION: Staff recommends approval of this item. LIST OF SUPPORTING DOCUMENTS: Attachment A Ordinance Project No..N/A (Page 2) Legistar No.: 18-0935 N/NLH Rev 1 0791.18 ORDINANCE TO APPROPRIATE (A) $62,420.48; (B) $1,624,968.22; (C) $2,160,863.62; (D) $143,594.59; AND (E) $65,406.99; INTO THE AIRPORT CIP, BOND PROCEEDS, UTILITY REVENUE BOND, SPECIALTY BOND PROCEEDS AND OTHER UNAPPROPRIATED FUNDS, RESPECTIVELY, FOR THE FOLLOWING PURPOSES: CITY'S MATCH FOR FUTURE FAA GRANT PROJECTS, BAYFRONT, PUBLIC FACILITIES, FIRE, POLICE, PUBLIC HEALTH AND SAFETY, SANITARY LANDFILL, LIBRARY, CONVENTION CENTER, PARKS, STREETS, AND UTILITIES, AND AS FURTHER DETAILED IN ATTACHMENT 1; CHANGING THE FY 2018 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 031249 TO INCREASE EXPENDITURES ACCORDINGLY. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1.An amount of $62,420.48 in Airport Capital Improvement Plan (CIP) interest earnings is appropriated in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects. Section 2. An amount of $1,624,968.22 in Bond Proceed interest earnings for Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Library, Convention Center, Parks, and Streets is appropriated in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council and/or the payment of debt service. Section 3. An amount of $2,160,863.62 in Utility Revenue Bond interest earnings is appropriated in the funds as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program. Section 4.An amount of$143,594.59 in Specialty Bond Proceed interest earnings, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, Energy Efficiency Bonds, and Texas Military Loan proceeds is appropriated in the funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and/or as determined by the Type A Board. Section 5.An amount of$65,406.99 in Other Appropriated Funds for street assessments, property rental and project refund is appropriated in the funds as listed in Attachment 1, Section 5 for the repair of city streets and other street expenses to be approved by City Council. Section 6.The FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 is changed to increase expenditures by$4,057,253.90. PASSED AND APPROVED on this the day of , 2018. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel Unappropriated Revenue From Capital Improvement Funds From 07/01/2017 to 06/30/2018 Attachment A SECTION 1 : AIRPORT Fund # Fund Name Amount 3018 Airport CIP Fund (Capital Reserves) 14,357.65 3019 Airport CIP Fund (Other) 4,019.34 3024 Airport 2000A CIP Fund (Rev) 988.17 3025 Airport 20008 Rev/2012 GO 111.60 3026 Airport 2012 CO CIP Fd 14,951.09 4621 AIRPORT PFC(2) FUND (4621) 27,698.26 4631 Airport CFC 2010 CO CIP fund 294.37 AIRPORT TOTAL 62,420.48 SECTION 2 : BOND PROCEEDS Fund# Fund Name Amount 3126 Bayfront Dev 09 GO CIP (Bnd08) 27,554.46 3160 City Facilities CIP Fund 918.67 3162 Public Fclty 2013 GO Bd 2012 10,330.08 3164 FACMaint CIP 2015 CO 3,741.31 3165 FACMaint CIP 2018 CO 0.00 3191 Fire Imply 09 GO CIP Fd(Bnd08) 3,650.34 3340 Police CIP 800.52 3341 Police Imp 09 GO CIP Fd(Bnd08) 0.00 3342 Police 2013 GO(Bond 2012) 6518.92 3350 Public Hlth and Safety CIP Fd 1.25 3359 Public H &S 2004 CIP Fund (CO) 0.00 3362 Sanitary Landfill 2006 CIP FD 0.00 3365 Sanitary Landfill 2008 CIP(CO) 448.28 3366 Public H&S 2013 GO CIP Bd 2012 1,653.69 3367 Landfill 2015 COS 30,976.46 3368 Landfill 2017 COS 11,432.93 3369 Landfill 2018 Tax CO 0.00 PUBLIC H&S TOTAL 98,026.91 3226 Library 09 GO CIP Fd (Bond 08) 961.41 3182 Convention Center 2010 CIP Fund (CO) 329.23 3280 Park CIP 2,023.64 3289 Park& Rec 2005 CIP Fund (GO) 0.00 3290 Park & Rec 08 TN CIP Fund (NT) 0.00 3291 Park&Rec 09 GO CIP Fd (Bond08) 2,662.34 3292 Parks& Rec 2010 GO(Bond 08) 3,952.25 3293 Parks & Rec 2013 GO (Bd 2012) 63,555.51 3294 Park and Rec 2015 GO (Bd 2014) 53,704.43 PARK TOTAL 125,898.17 3530 Street CIP Fund 10,398.52 3541 Street 2005 CIP Fund (GO) 18,978.98 3544 Street 2007A CIP Fund (GO) 0.00 3545 Street 08 TN CIP Fund (NT) 1,229.41 3546 Street 09 GO CIP Fd (Bond 08) 24,171.87 3548 Street 2012 GO CIP Fd Bond 08 99,93346 3549 Street 2013 GO CIP(Bd 2012) 144,372.86 3550 Streets 2013 TN (Bd 2014 Dsgn) 13,963.22 3551 Streets 2015 GO BD 14 882,644.75 3552 Street 2016 CO BD 12 193,127.69 3553 Street 2018 CO BD14 0.00 3554 Streets 2018 GO BD16 0.00 3555 Streets 2018A CO-Harbor Bridge 0.00 3701 Developer Participation Bd2012 10,931.74 3702 Developer Participation Bd2016 0.00 STREET TOTAL 1,399,752.50 BONDS TOTAL 1,624,968.22 SECTION 3 : REVENUE BONDS Fund # Fund Name Amount 3480 Storm Water CIP Fund (168.87) 3492 Storm Water 2006 CIP Fd (RVBd) 0.00 3493 Storm Water 2012 CIP Fd (RvBd) 0.00 3494 Storm Water 2012A CIP Fd RvBd 17,145.23 3495 Storm Water 2012B CIP Rev Bds 105,652.92 3496 Storm Water 2012A CIP (Bd 2012 12,864.32 3497 Storm Water 2013 CIP(Rev Bds) 133,692.07 3498 Storm Water 2013 CIP (Bd 2012) 73,460.47 4525 Stormwtr 09 CIP Fd-(rev bonds) 0.00 4526 StormW 09 CIP Fd-(rev bd 08GO) 0.00 4528 StormW 2010A CIP REV tax-exmpt 0.00 4529 Storm Wtr 20106 REV Txbl BAB 0.00 4530 STWCP PL Sotrm Wtr 2015 CIP 102,825.43 4531 STWCP PL Sotrm Wtr 2015 CIP(Bd Sprt) 101,120.10 4540 Storm Water Capital Reserves 69,535.87 STORM WATER TOTAL 616,127.54 3600 Gas CIP Fund 9.84 4551 Gas 09 CIP Fund-(rev bd-08G0) 1,786.87 4553 Gas 2010A CIP REV tax-exempt 0.00 4556 Gas 2012A CIP(bd 2012) 0.00 4555 Gas 2012B CIP Fd (Rev Bds) 0.00 4557 Gas 2013 CIP (Rev Bds) 2,039.23 4558 Gas 2013 CIP (bd 2012) 2,433.53 4559 Gascp pl gas 2015 cip 26,613.83 4560 Gas Cap Resv 1,280.30 4561 Gascp pl gas 2015 cip (Bd Sprt) 10,722.71 GAS TOTAL 44,886.31 4080 Water CIP Fund 23,513.57 4086 Water 2007A-1 CIP (TMPC CO) 0.00 4087 Water 2010 TWDB-WIF Loan (Rev) 0.00 4088 Water 2012 CIP Fd (RvBd) 2,201.51 4089 Water 2012A CIP Fd (RvBd) 8,645.65 4091 Water 20126 CIP Fund (Rev Bds) 37,110.16 4092 Water 2012A CIP (Bd 2012) 4,130.64 4093 Water 2013 CIP (Rev Bds) 91,516.74 4094 Water 2013 CIP(Bd 2012) 11,544.60 4095 Water 2014 CIP MRP 2 240,428.15 4096 WTRCP PL Water 2015 CIP 126,156.46 4097 WTRCP PL Water 2015 CIP (bd sprt) 35,686.57 4475 Water 09 CIP Fd (rev bd) 0.00 4476 Water 09 CIP Fd (rev bd-08G0) 0.00 4478 Water 2010A CIP REV tax-exmpt 0.00 4479 Water 20108 REV Txbl BAB 5,554.88 4480 Water capital reserves 55,337.55 4481 Raw Water Supply Development Charge CIP 24,135.27 4482 Swift Bonds 2017 CIP 22,518.45 WATER TOTAL 688,480.20 3430 Wastewater CIP Fund 241.52 4242 Wastewater 1995A CIP Fund(SRF) 0.00 4247 Wastewater 2012 CIP Fd (RvBd) 0.00 4248 Wastewater 2012A CIP Fd (RvBd) 13,242.26 4249 Wastewater 20126 CIP (Rev Bds) 82,060.19 4250 Wastewater 2006 CIP Fd (Rev Bds) 0.00 4251 Wastewater 2012A CIP(Bd 2012) 2,681.40 4252 Wastewater 2013 CIP (Bd 2012) 191,519.55 4253 Wastewater 2013 CIP(Rev Bds) 12,736.82 4254 WWWCP PL Wastewater 2015 CIP 262,126.82 4255 WWWCP Wastewater 2015 CIP 35,581.59 4256 Wastewater 2017 CIP 123.89 4501 WasteW 09 CIP Fd-(rev bd-08G0) 0.00 4503 WasteW 2010A CIP Rev Tax Exempt 0.00 4504 Wastewater 20106 REV Txbl BAB 0.00 4510 Wastewater Capital Reserves 211,055.53 WASTEWATER TOTAL 811,369.57 REVENUE BONDS TOTAL 2,160,863.62 SECTION 4 : SPECIALTY BONDS & OTHER CIP Fund# Fund Name Amount 3489 Storm Water 2007A-1 (TMPC CO) 0.00 4246 Wastewater 2007A-1 (TMPC CO) 0.00 3542 Street 2007A-1 CIP (TMPC GO) 6,958.62 3543 Street 2007A-1 CIP (TMPC CO) 48,932.05 TMPC TOTAL 55,890.67 3270 Seawall CIP Fund (2002 Sales Tax Rev.Bds) 0.01 3271 Seawall System CIP Fund 46,481.09 3272 Seawall Maintenance Reserve Fd 13,166.77 3274 Arena Type A 713.51 SALES TAX BOND TOTAL 60,361.38 3161 Energy Effncy CIP 2012 PPFCO - 3163 Energy Effcny CIP 2014 PPFCO 8,104.92 8,104.92 3278 Packery Channel Projects TIF#2 19,237.62 3234 Marina 0.00 SPECIALTY BONDS & OTHER CIP TOTAL 143,594.59 SECTION 5 : OTHER UNAPPROPRIATED FUNDS Fund# Fund Name Amount 3530 Street CIP: Street Assessments 22,844.99 3530 Street CIP: Cost Recovery 8,562.00 3530 Street CIP: Property Rentals 34,000.00 OTHER UNAPPROPRIATED TOTAL 65,406.99 GRAND TOTAL $ 4,057,253.90 Fund ACCT-UNIT ACCOUNT DESC Grand Total 3018 3018-888 Interest on investments (14,357.65) 3019 3019-888 Interest on investments (4,019.34) 3024 3024-888 Interest on investments (988.17) 3025 3025-888 Interest on investments (111.60) 3026 3026-888 Interest on investments (14,951.09) 3126 3126-888 Interest on investments (27,554.46) 3160 3160-888 Interest on investments (918.67) 3162 3162-888 Interest on investments (10,330.08) 3163 3163-888 Interest on investments (8,104.92) 3164 3164-888 Interest on investments (3,741.31) 3182 3182-888 Interest on investments (329.23) 3191 3191-888 Interest on investments (3,650.34) 3226 3226-888 Interest on investments (961.41) 3270 3270-888 Interest on investments (0.01) 3271 3271-888 Interest on investments (46,481.09) 3272 3272-888 Interest on investments (13,166.77) 3274 3274-888 Interest on investments (713.51) 3278 3278-888 Interest on investments (19,237.62) 3280 3280-888 Interest on investments (2,023.64) 3291 3291-888 Interest on investments (2,662.34) 3292 3292-888 Interest on investments (3,952.25) 3293 3293-888 Interest on investments (63,555.51) 3294 3294-888 Interest on investments (53,704.43) 3340 3340-888 Interest on investments (800.52) 3342 3342-888 Interest on investments (6,518.92) 3350 3350-888 Interest on investments (1.25) 3365 3365-888 Interest on investments (448.28) 3366 3366-888 Interest on investments (1,653.69) 3367 3367-888 Interest on investments (30,976.46) 3368 3368-888 Interest on investments (11,432.93) 3430 3430-888 Interest on investments (241.52) 3480 3480-888 Interest on investments 168.87 3494 3494-888 Interest on investments (17,145.23) 3495 3495-888 Interest on investments (105,652.92) 3496 3496-888 Interest on investments (12,864.32) 3497 3497-888 Interest on investments (133,692.07) 3498 3498-888 Interest on investments (73,460.47) 3530 3530-888 Attorneys fees- paving (20.00) 22,844.99 3530 3530-888 CDBG Special assessments (20,523.86) 3530 3530-888 Cost Recovery-CIP (8,562.00) 8,562.00 3530 3530-888 Inactive special assessments 3,289.16 3530 3530-888 Interest on assessments (5,590.29) 3530 3530-888 Interest on investments (10,398.52) 10,398.52 3530 3530-888 Property rentals (34,000.00) 34,000.00 3541 3541-888 Interest on investments (18,978.98) 3542 3542-888 Interest on investments (6,958.62) 3543 3543-888 Interest on investments (48,932.05) 3545 3545-888 Interest on investments (1,229.41) 3546 3546-888 Interest on investments (24,171.87) 3548 3548-888 Interest on investments (99,933.46) 3549 3549-888 Interest on investments (144,372.86) 3550 3550-888 Interest on investments (13,963.22) 3551 3551-888 Interest on investments (882,644.75) 3552 3552-888 Interest on investments (193,127.69) 3600 3600-888 Interest on investments (9.84) 3701 3701-888 Interest on investments (10,931.74) 4080 4080-888 Interest on investments (23,513.57) 4088 4088-888 Interest on investments (2,201.51) 4089 4089-888 Interest on investments (8,645.65) 4091 4091-888 Interest on investments (37,110.16) 4092 4092-888 Interest on investments (4,130.64) 4093 4093-888 Interest on investments (91,516.74) 4094 4094-888 Interest on investments (11,544.60) 4095 4095-888 Interest on investments (240,428.15) 4096 4096-888 Interest on investments (126,156.46) 4097 4097-888 Interest on investments (35,686.57) 4248 4248-888 Interest on investments (13,242.26) 4249 4249-888 Interest on investments (82,060.19) 4251 4251-888 Interest on investments (2,681.40) 4252 4252-888 Interest on investments (191,519.55) 4253 4253-888 Interest on investments (12,736.82) 4254 4254-888 Interest on investments (262,126.82) 4255 4255-888 Interest on investments (35,581.59) 4256 4256-888 Interest on investments (123.89) 4479 4479-888 Interest on investments (5,554.88) 4480 4480-888 Interest on investments (55,337.55) 4481 4481-888 Interest on investments (24,135.27) 4482 4482-888 Interest on investments (22,518.45) 4510 4510-888 Interest on investments (211,055.53) 4530 4530-888 Interest on investments (102,825.43) 4531 4531-888 Interest on investments (101,120.10) 4540 4540-888 Interest on investments (69,535.87) 4551 4551-888 Interest on investments (1,786.87) 4557 4557-888 Interest on investments (2,039.23) 4558 4558-888 Interest on investments (2,433.53) 4559 4559-888 Interest on investments (26,613.83) 4560 4560-888 Interest on investments (1,280.30) 4561 4561-888 Interest on investments (10,722.71) 4621 4621-10830-888 Interest earned-other than inv (6,406.63) 4621 4621-10830-888 Interest on investments (4,899.88) 4621 4621-888 Interest earned-other than inv - 4621 4621-888 Interest on investments (16,391.75) 4631 4631-888 Interest on investments (294.37) Grand Total (4,057,253.90) Sum of AMOUNT Year Period 2017 ACCT-U NIT _ ACCOUNT DESC 10 11 3018-888 _ Interest on investments -956.03 -964.99 3019-888 Interest on investments -254.55 -260.43 3024-888 Interest on investments -82.04 -83.93 3025-888 Interest on investments -7.05 -7.21 3026-888 Interest on investments -1161.23 -1172.41 3126-888 Interest on investments -4407.92 -4509.78 3160-888 Interest on investments -74.64 -76.36 3162-888 Interest on investments -661.64 -676.24 3163-888 Interest on investments -540.38 -552.87 3164-888 Interest on investments -340.27 -291.02 3182-888 Interest on investments -20.8 -21.28 3191-888 Interest on investments -797.43 -650.74 3226-888Interest on investments -60.73 -62.14 _ 3270-888 Interest on investments 3271-888 _ Interest on investments -2740.64 3272-888 Interest on investments -1299.39 -1323.49 3274-888 _ Interest on investments -75.43 -77.18 3278-888 Interest on investments -1485.31 -1519.64 3280-888 Interest on investments -148.57 -152 3291-888 Interest on investments -168.54 -172.43 3292-888 Interest on investments -317.71 -322.85 3293-888 Interest on investments -5346.59 -5253.03 3294-888 Interest on investments -3406.69 -3485.42 3340-888 Interest on investments -61.07 3342-888 Interest on investments -429.88 -439.81 3350-888 Interest on investments -0.61 3365-888 Interest on investments -54 -55.16 3366-888 Interest on investments -104.61 -107.03 3367-888 Interest on investments -2235.84 -2229.56 3368-888 Interest on investments 3430-888 Interest on investments -15.26 -15.61 3480-888 Interest on investments 3494-888 Interest on investments -2200.71 -2209.8 _ 3495-888 Interest on investments -10096.66 -9994.2 3496-888 Interest on investments -1066.44 -1091.08 3497-888 Interest on investments -8502.89 -8693.34 3498-888 Interest on investments -6140.83 -6185.15 3530-888 Attorneys fees - paving -10 3530-888 CDBG Special assessments -4255.75 3530-888 Cost Recovery - CIP 3530-888 Inactive special assessments 3530-888 Interest on assessments -20 -1147.1 3530-888 Interest on investments -170.43 3530-888 Property rentals -4000 -4000 3541-888 Interest on investments -1209.91 -1235.76 3542-888 Interest on investments -474.53 -474.77 3543-888 Interest on investments -4008.9 -4101.54 3545-888 Interest on investments -77.66 -79.46 3546-888 Interest on investments -1587.21 -1543.23 3548-888 Interest on investments -6167.01 -6309.53 3549-888 _ Interest on investments -16484.82 -15747.52 3550-888 _ Interest on investments -1439.42 -1425.9 3551-888 Interest on investments -62096.41 -62845.11 3552-888 Interest on investments -12549.06 -12821.54 3600-888 Interest on investments -0.62 -0.64 3701-888 Interest on investments -697.91 -714.04 4080-888 Interest on investments -1147.08 -1623.79 4088-888 Interest on investments 4089-888 Interest on investments -1261.62 -1061.52 4091-888 Interest on investments -4478.95 -3958.11 4092-888 Interest on investments -266.78 -272.94 4093-888 Interest on investments -10706.74 -10497.06 4094-888 Interest on investments -1025.23 -1026.22 4095-888 Interest on investments -21437.96 -21933.39 4096-888 Interest on investments -12111.65 -11662.83 4097-888 Interest on investments -4402.57 -4291.15 4248-888 Interest on investments -905.89 -902.75 4249-888 Interest on investments -7178.93 -6551.91 4251-888 Interest on investments -216.87 -183.64 4252-888 _ Interest on investments -14506.47 -14505.09 4253-888 Interest on investments -1269.11 -1078.95 4254-888 Interest on investments -19218.51 -19307.72 4255-888 Interest on investments -3127.4 -2932.62 4256_-888 Interest on investments 4479-888 Interest on investments 4480-888 Interest on investments -4302.83 4481-888 «T _ Interest on investments -1863.09 -1906.14 4482-888 Interest on investments 4510-888 Interest on investments -15353.6 -15598.5 4530-888 _ Interest on investments -7219.15 -7285.56 4531-888 Interest on investments -7118.18 -7133.71 4540-888 Interest on investments -4338.04 -4438.29 4551-888 Interest on investments -121.15 -118.34 4557-888 Interest on investments -146.92 -140.8 4558-888 Interest on investments -173.22 -172.72 4559-888 _ Interest on investments -1698.55 -1724.61 4560-888 Interest on investments -117.29 -119.96 4561-888 i Interest on investments -757.87 -775.38 4621-10830-888 Interest earned-other than inv 4621-10830-888 Interest on investments 4621-888 Interest earned-other than inv -4893.9 4621-888 Interest on investments -1365.96 3276.83 4631-888 Interest on investments -20.31 Grand Total -306988.73 -319304.3 2017 2018 12 1 2 3 4 5 6 -993.58 -849.17 -793.75 -1251.19 -1416.05 -1377.85 -1383.4 -272.92 -290.24 -307.82 -305.04 -352.11 -347.55 -370.27 -87.96 -90.92 -85.09 -84.33 -97.33 -51.69 -48.03 -7.56 -8.04 -8.52 -8.45 -9.75 -9.63 -10.24 -1214.1 -1204.79 -1164.85 -1152.24 -1317.85 -1264.18 -1281.35 -4725.99 -4989.79 -930.41 -922 -1064.3 -1050.52 -1117.19 -80.02 -75.22 -76.08 -63.82 -72.15 -71.17 -75.68 -708.66 -750.45 -795.89 -788.7 -910.02 -898.23 -955.24 -579.37 -596.17 -632.29 -626.58 -723.28 -713.92 -759.23 -290.55 -269.4 -281.29 -270.86 -306.1 -301.92 -318.21 -22.3 -23.71 -25.15 -24.92 -28.77 -28.4 -30.2 -437.66 -451.07 -279.84 -272.64 -136.02 -122.69 -130.48 -65.12 -69.25 -73.44 -72.78 -84.01 -82.92 -88.18 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -0.01 -3688.84 -3874.73 -4109.22 -3729.77 -4304.91 -4249.15 -4518.83 -1386.94 -1460.69 -1546.9 -1532.93 -1768.04 -1744.1 -252.85 -80.88 -86.01 -91.22 -90.39 -104.35 -102.99 -1.59 -1524.02 -1584.98 -1681 -1391.47 -1606.22 -1585.43 -1568.26 -232.03 -142.25 -151.02 -158.75 -183.26 -180.88 -159.51 -180.7 -192.07 -203.7 -201.86 -233.02 -230 -244.6 -338.32 -356.97 -286.23 -283.65 -327.42 -323.18 -343.69 -4895.47 -4797.06 -5027.45 -4916.82 -5656.76 -5431.82 -5321.06 -3646.88 -3866.63 -4100.31 -4063.26 -4690.36 -4629.63 -4923.46 -64 -68.06 -72.18 -71.53 -82.56 -81.5 -86.67 -460.9 -482.99 -512.25 -507.44 -569.49 -561.59 -597.23 -0.64 -57.81 -36.83 -25.5 -25.27 -29.16 -28.79 -30.62 -112.16 -119.07 -126.28 -125.14 -144.45 -142.59 -151.64 -2245.97 -2289.27 -2361.57 -2340.24 -2685.05 -2649.75 -2817.92 -1310.08 -1047.88 -1042.49 -1014.74 -1098.34 -1076.95 -1144.55 -16.36 -17.4 -18.45 -18.28 -21.11 -20.83 -22.15 168.87 -2048.78 -2130.44 -1560.91 -1543.63 -1462.83 -910.73 -966.59 -10381.84 -9818.76 -9564.28 -8344.31 -9404.46 -8725.35 -8298.74 -988.02 -1043.52 -1077.71 -1021.05 -1136.86 -1042.48 -1071.5 -9110.11 -9617.53 -10196.68 -10104.56 -11664.03 -11513 -12243.71 -6185.25 -6263.16 -6419.6 -5743.88 -6427.41 -6154.36 -6341.53 -10 -684782.73 -6508.19 -665.05 -747.36 3289.16 -884.69 -744.73 -58.6 -900.56 -661.34 -145.7 -171.17 -586.19 -1293.66 -1298.81 -1355 -16000 -10000 -1295.01 -1377.19 -1460.58 -1447.38 -1650.79 -1628.76 -1731.93 -497.53 -511.13 -542.1 -532.86 -607.81 -598.46 -636.45 -4298.18 -4197.37 -4420.3 -3835.57 -4268.82 -4208.36 -4475.45 -83.27 -88.55 -93.91 -93.06 -107.44 -106.04 -112.77 -1617.19 -1712.07 -1815.74 -1799.34 -2077.04 -2050.14 -2180.26 -6609.42 -7501.55 -7940.87 -7869.13 -9083.58 -8965.98 -9535.03 -14151.46 -13790.29 -12973.72 -11340.74 -12135.82 -9708.66 -9918.12 -1462.31 -1300.74 -1354.14 -1320.19 -1452.55 -1375.19 -706.41 -65418.26 -68166.15 -71050.39 -69185.07 -77845.17 -73941.57 -78731.8 -13282.38 -14097.36 -14897.51 -14748.24 -17019.67 -16666.51 -17721.29 -0.67 -0.71 -0.75 -0.75 -0.85 -0.85 -0.9 -748.27 -785.35 -832.91 -825.39 -952.77 -940.44 -1000.12 -1700.12 -1706.82 -1810.31 -1789.12 -2077.23 -2050.72 -2179.34 -319.92 -261.17 -258.81 -306.93 -293.19 -309 -820.14 -863.18 -915.14 -906.13 -1002.46 -318.9 -339.14 -3753.37 -4781.92 -4036.11 -3877.42 -2802.66 -1853.58 -1907.47 -286.03 -304.08 -322.49 -311.58 -359.66 -355.01 -372.6 -10709.36 -8796.19 -8339.62 -7758.43 -8493.41 -7420.59 -6687.75 -1073.49 -1130.92 -858.7 -844.84 -972.87 -865.78 -920.73 -22506.46 -16491.58 -17441.36 -17207.81 -18629.19 -18347.53 -19509.56 -11398.9 -11629.77 -11886.48 -11660.93 -13398.64 -11212.94 -8860.41 -3233.95 -3080.27 -3096.7 -2855.19 -2957.95 -2648.75 -2660.85 -946.03 -956.59 -1012.71 -1002.33 -1151.66 -1135.71 -1207.05 -6725.29 -6914.6 -7121.34 -6683.11 -6915.01 -6584.34 -6482.66 -186.9 -198.76 -210.56 -208.66 -240.87 -225.63 -239.95 -14752.75 -15041.18 -15621.31 -15378.58 -17042.06 -16037.39 -15827.18 -1091.93 -1157.78 -1154.31 -1071.73 -1084.9 -968.77 -975.42 -20039.3 -20846.63 -21643.88 -21326.06 -24041.06 -21894.64 -23001.13 -2702.17 -2799.07 -2889.61 -2796.16 -2981.81 -2788.24 -2906.59 -29.11 -30.83 -30.55 -963.33 -981.24 -1022.87 -4846.42 -4721.72 -4970.21 -4800.01 -5309.72 -4840.12 -5033.56 -1997.53 -2098.54 -2221.07 -1906.94 -2040.88 -1944.12 -1912.52 -713.63 -2442.52 -2725.71 -2557.63 -16245.57 -15499.89 -16206.79 -15347.47 -17618.5 -17201.02 -16628.4 -7536.9 -7926.17 -8390.05 -8308.43 -9143.2 -8728.6 -9276.35 -7440.21 -7872.51 -8232.43 -8142.13 -8839.77 -8220.84 -8742.6 -4266 -4220.89 -4476.93 -4436.49 -5112.33 -5045.86 -5366.11 -123.91 -131.77 -139.75 -133.87 -153.32 -151.3 -160.9 -146.33 -155.61 -165.04 -163.55 -169.62 -166.8 -177.39 -181 -187.1 -198.43 -196.64 -226.98 -221.61 -235.67 -1807.29 -1920.27 -2036.54 -2018.14 -2324.68 -2294.41 -2440.04 -125.72 -114.53 -104.31 -103.37 -90.49 -88.38 -93.99 -810.22 -858.52 -827.63 -820.15 -917.9 -887.97 -926.72 -6406.63 -1495.38 -1485.63 -1918.87 4893.9 -2236.12 -2269.13 -2913.58 -21.28 -22.63 -24 -23.79 -27.46 -27.1 -28.82 -1015763.78 -334175.51 -321314.91 -311657.36 -351412.65 -331639.39 -337683.92 2018 Grand Total 7 8 9 -1389.04 -1445.87 -1536.73 (14,357.65) -386.91 -414.29 -457.21 (4,019.34) -50.71 -107.5 -118.64 (988.17) -10.81 -11.57 -12.77 (111.60) -1267.63 -1363.44 -1387.02 (14,951.09) -1179.59 -1263.06 -1393.91 (27,554.46) -78.04 -83.56 -91.93 (918.67) -999.67 -1038.92 -1146.42 (10,330.08) -732.34 -784.16 -864.33 (8,104.92) -334.42 -358.09 -379.18 (3,741.31) -31.88 -34.14 -37.68 (329.23) -122.79 -119.5 -129.48 (3,650.34) -93.11 -99.7 -110.03 (961.41) -0.01 -0.01 0.08 (0.01) -4771.23 -5108.84 -5384.93 (46,481.09) -266.97 -277.84 -306.63 (13,166.77) -1.68 -1.79 (713.51) -1639.65 -1749.17 -1902.47 (19,237.62) -142.7 -177.5 -195.17 (2,023.64) -256.86 -275.03 -303.53 (2,662.34) -360.14 -382.01 -310.08 (3,952.25) -5459.67 -5828.64 -5621.14 (63,555.51) -5194.2 -5561.74 -6135.85 (53,704.43) -91.51 -78.82 -42.62 (800.52) -630.59 -654.64 -672.11 (6,518.92) (1.25) -32.33 -34.61 -38.2 (448.28) -160.1 -171.43 -189.19 (1,653.69) -2914.73 -2957.62 -3248.94 (30,976.46) -1206.73 -1191.03 -1300.14 (11,432.93) -23.39 -25.04 -27.64 (241.52) 168.87 -847.2 -905.65 -357.96 (17,145.23) -7724.71 -6603.97 -6695.64 (105,652.92) -1088.92 -1079.26 -1157.48 (12,864.32) -12927.56 -13842.31 -15276.35 (133,692.07) -6405.94 -5649.37 -5543.99 (73,460.47) (20.00) -754.2 -886.31 678075.73 (20,523.86) -8562 (8,562.00) 3,289.16 -1187.73 -451.72 -195.16 (5,590.29) -1488.94 -1528.63 -1698.65 (10,398.52) (34,000.00) -1827.82 -1957.15 -2156.7 (18,978.98) -672 -719.55 -691.43 (6,958.62) -3546.58 -3797.54 -3773.44 (48,932.05) -119.06 -127.49 -140.7 (1,229.41) -2283.9 -2617.43 -2888.32 (24,171.87) -9779.9 -9875.5 -10295.96 (99,933.46) -10058.2 -8680.04 -9383.47 (144,372.86) -701.02 -698.62 -726.73 (13,963.22) -80942.19 -83376.74 -89045.89 (882,644.75) -18556.29 -19502.99 -21264.85 (193,127.69) -0.95 -1.02 -1.13 (9.84) -1055.98 -1130.71 -1247.85 (10,931.74) -2301.07 -2447.85 -2680.12 (23,513.57) -229.59 -166.92 -55.98 (2,201.51) -358.09 -383.42 -415.91 (8,645.65) -1821.03 -1845.36 -1994.18 (37,110.16) -393.41 -421.25 -464.81 (4,130.64) -5527.18 -3458.91 -3121.5 (91,516.74) -944.29 -986.42 -895.11 (11,544.60) -20583.76 -22043.88 -24295.67 (240,428.15) -7187.65 -7479 -7667.26 (126,156.46) -2507.68 -1960.21 -1991.3 (35,686.57) -1270.32 -1313.41 -1437.81 (13,242.26) -6743.02 -6936.51 -7223.47 (82,060.19) -239.63 -256.59 -273.34 (2,681.40) -16643.42 -17482.93 -18681.19 (191,519.55) -1001.87 -902.51 -979.54 (12,736.82) -22564.04 -23175.77 -25068.08 (262,126.82) -3042.3 -3231.96 -3383.66 (35,581.59) -123.89 (123.89) -1014.07 -705.57 -777.31 (5,554.88) -7780.72 -5551.75 -3180.49 (55,337.55) -1939.23 -2056.34 -2248.87 (24,135.27) -3155.38 -7119.07 -3804.51 (22,518.45) -21530.7 -21139.94 -22685.15 (211,055.53) -9654.88 -9759.7 -9596.44 (102,825.43) -9176.61 -9645.65 -10555.46 (101,120.10) -8857.92 -9021.19 -9955.82 (69,535.87) -169.89 -181.91 -200.76 (1,786.87) -187.3 -200.55 -219.32 (2,039.23) -198.2 -210.47 -231.49 (2,433.53) -2575.51 -2744.76 -3029.03 (26,613.83) -99.24 -106.26 -116.76 (1,280.30) -974.5 -1039.02 -1126.83 (10,722.71) (6,406.63) (4,899.88) -3281.53 -3665.27 -3936.99 (16,391.75) -30.43 -32.59 -35.96 (294.37) -355782.98 -371266.5 299736.13 (4,057,253.90) TA+A:TTU SYSTEM Year Period DATE Journal LINE-NBR ACCOUNT 9 GL 2017 10 7/31/2017 271 165 340900 9 GL 2017 10 7/31/2017 271 166 340900 9 GL 2017 10 7/31/2017 271 167 340900 9 GL 2017 10 7/31/2017 271 168 340900 9 GL 2017 10 7/31/2017 271 169 340900 9 GL 2017 10 7/31/2017 271 170 340900 9 GL 2017 10 7/31/2017 271 171 340900 9 GL 2017 10 7/31/2017 271 172 340900 9 GL 2017 10 7/31/2017 271 173 340900 9 GL 2017 10 7/31/2017 271 174 340900 9 GL 2017 10 7/31/2017 271 175 340900 9 GL 2017 10 7/31/2017 271 176 340900 9 GL 2017 10 7/31/2017 271 177 340900 9 GL 2017 10 7/31/2017 201 2 352000 9 GL 2017 10 7/31/2017 201 4 352000 9 GL 2017 10 7/31/2017 271 178 340900 9 GL 2017 10 7/31/2017 271 179 340900 9 GL 2017 10 7/31/2017 271 180 340900 9 GL 2017 10 7/31/2017 271 181 340900 9 GL 2017 10 7/31/2017 271 182 340900 9 GL 2017 10 7/31/2017 271 183 340900 9 GL 2017 10 7/31/2017 271 184 340900 9 GL 2017 10 7/31/2017 271 185 340900 9 GL 2017 10 7/31/2017 271 186 340900 9 GL 2017 10 7/31/2017 271 187 340900 9 GL 2017 10 7/31/2017 271 188 340900 9 GL 2017 10 7/31/2017 271 189 340900 9 GL 2017 10 7/31/2017 271 190 340900 9 GL 2017 10 7/31/2017 271 191 340900 9 GL 2017 10 7/31/2017 271 192 340900 9 GL 2017 10 7/31/2017 271 193 340900 9 GL 2017 10 7/31/2017 271 194 340900 9 GL 2017 10 7/31/2017 271 195 340900 9 GL 2017 10 7/6/2017 37 35 340720 9 GL 2017 10 7/14/2017 157 19 341070 9 GL 2017 10 7/31/2017 271 196 340900 9 GL 2017 10 7/21/2017 122 30 343400 9 GL 2017 10 7/31/2017 271 197 340900 9 GL 2017 10 7/31/2017 271 198 340900 9 GL 2017 10 7/31/2017 271 199 340900 9 GL 2017 10 7/31/2017 271 200 340900 9 GL 2017 10 7/31/2017 271 201 340900 9 GL 2017 10 7/31/2017 271 202 340900 9 GL 2017 10 7/31/2017 271 203 340900 9 GL 2017 10 7/31/2017 271 204 340900 9 GL 2017 10 7/31/2017 271 205 340900 9 GL 2017 10 7/31/2017 271 206 340900 9 GL 2017 10 7/31/2017 271 207 340900 9 GL 2017 10 7/31/2017 271 208 340900 9 GL 2017 10 8/17/2017 325 2 370003 9 GL 2017 10 7/31/2017 271 214 340900 9 GL 2017 10 7/31/2017 271 215 340900 9 GL 2017 10 7/31/2017 271 216 340900 9 GL 2017 10 7/31/2017 271 217 340900 9 GL 2017 10 7/31/2017 271 218 340900 9 GL 2017 10 7/31/2017 271 219 340900 9 GL 2017 10 7/31/2017 271 220 340900 9 GL 2017 10 7/31/2017 271 221 340900 9 GL 2017 10 7/31/2017 271 222 340900 9 GL 2017 10 7/31/2017 271 227 340900 9 GL 2017 10 7/31/2017 271 228 340900 9 GL 2017 10 7/31/2017 271 229 340900 9 GL 2017 10 7/31/2017 271 230 340900 9 GL 2017 10 7/31/2017 271 231 340900 9 GL 2017 10 7/31/2017 271 232 340900 9 GL 2017 10 7/31/2017 271 233 340900 9 GL 2017 10 7/31/2017 271 239 340900 9 GL 2017 10 7/31/2017 271 240 340900 9 GL 2017 10 7/31/2017 271 241 340900 9 GL 2017 10 7/31/2017 271 242 340900 9 GL 2017 10 7/31/2017 271 243 340900 9 GL 2017 10 7/31/2017 271 244 340900 9 GL 2017 10 7/31/2017 271 245 340900 9 GL 2017 10 7/31/2017 271 246 340900 9 GL 2017 10 7/31/2017 271 247 340900 9 GL 2017 10 7/31/2017 271 248 340900 9 GL 2017 10 7/31/2017 271 249 340900 9 CB 2017 10 7/5/2017 12 65 342300 9 CB 2017 10 7/6/2017 25 24 342300 9 CB 2017 10 7/10/2017 118 4 342300 9 CB 2017 10 7/11/2017 119 6 342300 9 CB 2017 10 7/18/2017 124 10 342300 9 CB 2017 10 7/28/2017 216 4 342300 9 CB 2017 10 7/31/2017 217 7 342300 9 CB 2017 10 7/18/2017 124 9 342020 9 CB 2017 10 7/31/2017 230 6 340900 9 CB 2017 10 7/13/2017 240 2 342300 9 CB 2017 10 7/28/2017 253 2 342300 9 CB 2017 10 7/31/2017 255 2 342300 9 GL 2017 11 8/31/2017 319 170 340900 9 GL 2017 11 8/31/2017 319 171 340900 9 GL 2017 11 8/31/2017 222 2 305740 9 GL 2017 11 8/31/2017 224 2 305740 9 61 2017 11 8/31/2017 319 172 340900 9 GL 2017 11 8/31/2017 319 173 340900 9 GL 2017 11 8/31/2017 319 174 340900 9 6L 2017 11 8/31/2017 319 175 340900 9 GL 2017 11 8/31/2017 319 176 340900 9 GL 2017 11 8/31/2017 319 177 340900 9 GL 2017 11 8/31/2017 319 178 340900 9 GL 2017 11 8/31/2017 319 179 340900 9 GL 2017 11 8/31/2017 319 180 340900 9 GL 2017 11 8/31/2017 319 181 340900 9 GL 2017 11 8/31/2017 319 182 340900 9 GL 2017 11 8/31/2017 319 183 340900 9 GL 2017 11 9/12/2017 285 2 352000 9 GL 2017 11 8/31/2017 319 184 340900 9 GL 2017 11 8/31/2017 319 185 340900 9 GL 2017 11 8/31/2017 319 186 340900 9 GL 2017 11 8/31/2017 319 187 340900 9 CB 2017 11 8/28/2017 241 2 304493 9 GL 2017 11 8/31/2017 319 188 340900 9 GL 2017 11 8/31/2017 319 189 340900 9 GL 2017 11 8/31/2017 319 190 340900 9 GL 2017 11 8/31/2017 319 191 340900 9 GL 2017 11 8/31/2017 319 192 340900 9 GL 2017 11 8/31/2017 319 193 340900 9 GL 2017 11 8/31/2017 319 194 340900 9 GL 2017 11 8/31/2017 319 195 340900 9 GL 2017 11 8/31/2017 319 196 340900 9 GL 2017 11 8/31/2017 319 197 340900 9 GL 2017 11 8/31/2017 295 3 345100 9 GL 2017 11 8/31/2017 319 198 340900 9 GL 2017 11 8/31/2017 319 199 340900 9 GL 2017 11 8/31/2017 319 200 340900 9 GL 2017 11 8/31/2017 319 201 340900 9 GL 2017 11 8/31/2017 319 202 340900 9 GL 2017 11 8/31/2017 319 203 340900 9 GL 2017 11 8/11/2017 83 61 340700 9 GL 2017 11 8/11/2017 83 62 341070 9 GL 2017 11 8/31/2017 227 84 341070 9 GL 2017 11 8/14/2017 99 23 343400 9 GL 2017 11 8/31/2017 319 204 340900 9 GL 2017 11 8/31/2017 319 205 340900 9 GL 2017 11 8/31/2017 319 206 340900 9 GL 2017 11 8/31/2017 319 207 340900 9 GL 2017 11 8/31/2017 319 208 340900 9 GL 2017 11 8/31/2017 319 209 340900 9 GL 2017 11 8/31/2017 319 210 340900 9 GL 2017 11 8/31/2017 319 211 340900 9 GL 2017 11 8/31/2017 319 212 340900 9 GL 2017 11 8/31/2017 319 213 340900 9 GL 2017 11 8/31/2017 319 214 340900 9 GL 2017 11 8/31/2017 319 215 340900 9 GL 2017 11 8/31/2017 319 221 340900 9 GL 2017 11 8/31/2017 319 222 340900 9 GL 2017 11 8/31/2017 319 223 340900 9 GL 2017 11 8/31/2017 319 224 340900 9 GL 2017 11 8/31/2017 319 225 340900 9 GL 2017 11 8/31/2017 319 226 340900 9 GL 2017 11 8/31/2017 319 227 340900 9 GL 2017 11 8/31/2017 319 228 340900 9 GL 2017 11 8/31/2017 319 229 340900 9 GL 2017 11 8/31/2017 319 234 340900 9 GL 2017 11 8/31/2017 319 235 340900 9 GL 2017 11 8/31/2017 319 236 340900 9 GL 2017 11 8/31/2017 319 237 340900 9 GL 2017 11 8/31/2017 319 238 340900 9 GL 2017 11 8/31/2017 319 239 340900 9 GL 2017 11 8/31/2017 319 240 340900 9 GL 2017 11 8/31/2017 319 246 340900 9 GL 2017 11 8/31/2017 319 247 340900 9 GL 2017 11 8/31/2017 319 248 340900 9 GL 2017 11 8/31/2017 319 249 340900 9 GL 2017 11 8/31/2017 319 250 340900 9 GL 2017 11 8/31/2017 319 251 340900 9 GL 2017 11 8/31/2017 319 252 340900 9 GL 2017 11 8/31/2017 319 253 340900 9 GL 2017 11 8/31/2017 319 254 340900 9 GL 2017 11 8/31/2017 319 255 340900 9 GL 2017 11 8/31/2017 319 256 340900 9 GL 2017 11 8/31/2017 319 257 340900 9 CB 2017 11 8/1/2017 7 8 342300 9 CB 2017 11 8/2/2017 8 10 342300 9 CB 2017 11 8/7/2017 55 8 342300 9 CB 2017 11 8/17/2017 65 65 342300 9 CB 2017 11 8/21/2017 169 7 342300 9 CB 2017 11 8/21/2017 169 6 342020 9 CB 2017 11 8/31/2017 236 9 341000 9 GL 2017 11 9/15/2017 308 2 341000 9 GL 2017 11 9/15/2017 308 1 340900 9 CB 2017 11 8/14/2017 237 2 342300 9 CB 2017 11 8/22/2017 238 2 342300 9 CB 2017 11 8/28/2017 241 4 342300 9 CB 2017 11 8/29/2017 242 2 342300 9 CB 2017 11 8/30/2017 243 8 342300 9 GL 2017 11 8/31/2017 319 260 340900 9 GL 2017 12 9/30/2017 319 176 340900 9 GL 2017 12 9/30/2017 542 176 340995 9 GL 2017 12 9/30/2017 319 177 340900 9 GL 2017 12 9/30/2017 542 177 340995 9 98 2017 12 9/30/2017 45 2 305740 9 98 2017 12 9/30/2017 192 2 305740 9 GL 2017 12 9/30/2017 319 178 340900 9 GL 2017 12 9/30/2017 542 178 340995 9 GL 2017 12 9/30/2017 319 179 340900 9 GL 2017 12 9/30/2017 542 179 340995 9 GL 2017 12 9/30/2017 319 180 340900 9 GL 2017 12 9/30/2017 542 180 340995 9 GL 2017 12 9/30/2017 319 181 340900 9 GL 2017 12 9/30/2017 542 181 340995 9 GL 2017 12 9/30/2017 319 182 340900 9 GL 2017 12 9/30/2017 542 182 340995 9 GL 2017 12 9/30/2017 319 183 340900 9 GL 2017 12 9/30/2017 542 183 340995 9 GL 2017 12 9/30/2017 319 184 340900 9 GL 2017 12 9/30/2017 542 184 340995 9 GL 2017 12 9/30/2017 319 185 340900 9 GL 2017 12 9/30/2017 542 185 340995 9 GL 2017 12 9/30/2017 319 186 340900 9 GL 2017 12 9/30/2017 542 186 340995 9 GL 2017 12 9/30/2017 319 187 340900 9 GL 2017 12 9/30/2017 542 187 340995 9 GL 2017 12 9/30/2017 319 188 340900 9 GL 2017 12 9/30/2017 542 188 340995 9 GL 2017 12 9/30/2017 319 189 340900 9 GL 2017 12 9/30/2017 542 189 340995 9 GL 2017 12 9/30/2017 319 190 340900 9 GL 2017 12 9/30/2017 542 190 340995 9 GL 2017 12 9/30/2017 319 191 340900 9 GL 2017 12 9/30/2017 542 191 340995 9 GL 2017 12 9/30/2017 319 192 340900 9 GL 2017 12 9/30/2017 542 192 340995 9 GL 2017 12 9/30/2017 319 193 340900 9 GL 2017 12 9/30/2017 542 193 340995 9 98 2017 12 9/30/2017 127 5 340000 9 98 2017 12 9/30/2017 127 6 340000 9 GL 2017 12 9/30/2017 319 194 340900 9 GL 2017 12 9/30/2017 542 194 340995 9 GL 2017 12 9/30/2017 319 195 340900 9 GL 2017 12 9/30/2017 542 195 340995 9 GL 2017 12 9/30/2017 319 196 340900 9 GL 2017 12 9/30/2017 542 196 340995 9 GL 2017 12 9/30/2017 319 197 340900 9 GL 2017 12 9/30/2017 542 197 340995 9 GL 2017 12 9/30/2017 319 198 340900 9 GL 2017 12 9/30/2017 542 198 340995 9 GL 2017 12 9/30/2017 319 199 340900 9 GL 2017 12 9/30/2017 542 199 340995 9 GL 2017 12 9/30/2017 319 200 340900 9 GL 2017 12 9/30/2017 542 200 340995 9 GL 2017 12 9/30/2017 319 201 340900 9 GL 2017 12 9/30/2017 542 201 340995 9 GL 2017 12 9/25/2017 165 5 352000 9 GL 2017 12 9/30/2017 319 202 340900 9 GL 2017 12 9/30/2017 542 202 340995 9 GL 2017 12 9/30/2017 319 203 340900 9 GL 2017 12 9/30/2017 542 203 340995 9 GL 2017 12 9/30/2017 319 204 340900 9 GL 2017 12 9/30/2017 542 204 340995 9 GL 2017 12 9/30/2017 319 205 340900 9 GL 2017 12 9/30/2017 542 205 340995 9 GL 2017 12 9/30/2017 319 206 340900 9 GL 2017 12 9/30/2017 542 206 340995 9 98 2017 12 9/30/2017 75 5 340000 9 GL 2017 12 9/14/2017 102 31 340000 9 98 2017 12 9/30/2017 75 6 340900 9 98 2017 12 9/30/2017 75 3 304493 9 98 2017 12 9/30/2017 75 4 304493 9 GL 2017 12 9/30/2017 319 207 340900 9 GL 2017 12 9/30/2017 542 207 340995 9 GL 2017 12 9/30/2017 319 208 340900 9 GL 2017 12 9/30/2017 542 208 340995 9 GL 2017 12 9/30/2017 319 209 340900 9 GL 2017 12 9/30/2017 542 209 340995 9 GL 2017 12 9/30/2017 319 210 340900 9 GL 2017 12 9/30/2017 542 210 340995 9 GL 2017 12 9/30/2017 319 211 340900 9 GL 2017 12 9/30/2017 542 211 340995 9 98 2017 12 9/30/2017 135 28 340700 9 GL 2017 12 9/20/2017 138 22 340700 9 GL 2017 12 9/25/2017 175 46 340700 9 GL 2017 12 9/26/2017 185 34 340700 9 GL 2017 12 9/27/2017 202 7 340700 9 GL 2017 12 9/29/2017 241 119 340700 9 98 2017 12 9/30/2017 135 23 340000 9 98 2017 12 9/30/2017 135 24 340000 9 98 2017 12 9/30/2017 135 25 340000 9 98 2017 12 9/30/2017 135 26 340000 9 98 2017 12 9/30/2017 135 27 340000 9 GL 2017 12 9/30/2017 379 5 340000 9 GL 2017 12 10/12/2017 318 1 340710 9 GL 2017 12 9/20/2017 138 23 341070 9 GL 2017 12 9/25/2017 175 47 341070 9 GL 2017 12 9/27/2017 202 8 341070 9 GL 2017 12 9/28/2017 239 39 341070 9 GL 2017 12 9/29/2017 241 120 341070 9 GL 2017 12 9/30/2017 319 212 340900 9 GL 2017 12 9/30/2017 542 212 340995 9 GL 2017 12 9/20/2017 133 37 343400 9 GL 2017 12 9/29/2017 269 48 343400 9 98 2017 12 9/30/2017 135 20 303070 9 98 2017 12 9/30/2017 253 8 303070 9 GL 2017 12 9/30/2017 379 4 303070 9 98 2017 12 9/30/2017 135 21 304493 9 98 2017 12 9/30/2017 135 22 304493 9 GL 2017 12 9/30/2017 319 213 340900 9 GL 2017 12 9/30/2017 542 213 340995 9 GL 2017 12 9/30/2017 319 214 340900 9 GL 2017 12 9/30/2017 542 214 340995 9 GL 2017 12 9/30/2017 319 215 340900 9 GL 2017 12 9/30/2017 542 215 340995 9 GL 2017 12 9/30/2017 866 1 345000 9 GL 2017 12 9/30/2017 866 2 345000 9 GL 2017 12 9/30/2017 866 3 345000 9 GL 2017 12 9/30/2017 866 6 352000 9 GL 2017 12 9/30/2017 866 4 352000 9 GL 2017 12 9/30/2017 866 5 352000 9 98 2017 12 9/30/2017 142 4 340000 9 GL 2017 12 9/30/2017 319 216 340900 9 GL 2017 12 9/30/2017 542 216 340995 9 GL 2017 12 9/30/2017 319 217 340900 9 GL 2017 12 9/30/2017 542 217 340995 9 GL 2017 12 9/30/2017 319 218 340900 9 GL 2017 12 9/30/2017 542 218 340995 9 98 2017 12 9/30/2017 144 4 340000 9 GL 2017 12 9/30/2017 319 219 340900 9 GL 2017 12 9/30/2017 542 219 340995 9 GL 2017 12 9/30/2017 319 220 340900 9 GL 2017 12 9/30/2017 542 220 340995 9 GL 2017 12 9/30/2017 319 221 340900 9 GL 2017 12 9/30/2017 542 221 340995 9 GL 2017 12 9/30/2017 319 222 340900 9 GL 2017 12 9/30/2017 542 222 340995 9 GL 2017 12 9/30/2017 319 223 340900 9 GL 2017 12 9/30/2017 542 223 340995 9 GL 2017 12 9/30/2017 319 224 340900 9 GL 2017 12 9/30/2017 542 224 340995 9 GL 2017 12 9/30/2017 319 230 340900 9 GL 2017 12 9/30/2017 542 230 340995 9 GL 2017 12 9/30/2017 319 231 340900 9 GL 2017 12 9/30/2017 542 231 340995 9 GL 2017 12 9/30/2017 319 232 340900 9 GL 2017 12 9/30/2017 542 232 340995 9 GL 2017 12 9/30/2017 319 233 340900 9 GL 2017 12 9/30/2017 542 233 340995 9 GL 2017 12 9/30/2017 319 234 340900 9 GL 2017 12 9/30/2017 542 234 340995 9 GL 2017 12 9/30/2017 319 235 340900 9 GL 2017 12 9/30/2017 542 235 340995 9 GL 2017 12 9/30/2017 319 236 340900 9 GL 2017 12 9/30/2017 542 236 340995 9 GL 2017 12 9/30/2017 319 237 340900 9 GL 2017 12 9/30/2017 542 237 340995 9 GL 2017 12 9/30/2017 319 238 340900 9 GL 2017 12 9/30/2017 542 238 340995 9 GL 2017 12 9/30/2017 319 243 340900 9 GL 2017 12 9/30/2017 542 243 340995 9 GL 2017 12 9/30/2017 319 244 340900 9 GL 2017 12 9/30/2017 542 244 340995 9 GL 2017 12 9/30/2017 319 245 340900 9 GL 2017 12 9/30/2017 542 245 340995 9 GL 2017 12 9/30/2017 319 246 340900 9 GL 2017 12 9/30/2017 542 246 340995 9 GL 2017 12 9/30/2017 319 247 340900 9 GL 2017 12 9/30/2017 542 247 340995 9 GL 2017 12 9/30/2017 319 248 340900 9 GL 2017 12 9/30/2017 542 248 340995 9 GL 2017 12 9/30/2017 319 249 340900 9 GL 2017 12 9/30/2017 542 249 340995 9 GL 2017 12 9/30/2017 319 255 340900 9 GL 2017 12 9/30/2017 542 255 340995 9 GL 2017 12 9/30/2017 319 256 340900 9 GL 2017 12 9/30/2017 542 256 340995 9 GL 2017 12 9/30/2017 319 257 340900 9 GL 2017 12 9/30/2017 542 257 340995 9 GL 2017 12 9/30/2017 319 258 340900 9 GL 2017 12 9/30/2017 542 258 340995 9 GL 2017 12 9/30/2017 319 259 340900 9 GL 2017 12 9/30/2017 542 259 340995 9 GL 2017 12 9/30/2017 319 260 340900 9 GL 2017 12 9/30/2017 542 260 340995 9 GL 2017 12 9/30/2017 319 261 340900 9 GL 2017 12 9/30/2017 542 261 340995 9 GL 2017 12 9/30/2017 319 262 340900 9 GL 2017 12 9/30/2017 542 262 340995 9 GL 2017 12 9/30/2017 319 263 340900 9 GL 2017 12 9/30/2017 542 263 340995 9 GL 2017 12 9/30/2017 319 264 340900 9 GL 2017 12 9/30/2017 542 264 340995 9 GL 2017 12 9/30/2017 319 265 340900 9 GL 2017 12 9/30/2017 542 265 340995 9 GL 2017 12 9/30/2017 319 266 340900 9 GL 2017 12 9/30/2017 542 266 340995 9 GL 2017 12 9/30/2017 292 1 341000 9 CB 2017 12 9/1/2017 2 62 342300 9 CB 2017 12 9/5/2017 6 80 342300 9 CB 2017 12 9/6/2017 58 15 342300 9 CB 2017 12 9/11/2017 63 9 342300 9 CB 2017 12 9/19/2017 78 58 342300 9 CB 2017 12 9/22/2017 125 6 342300 9 CB 2017 12 9/25/2017 127 8 342300 9 CB 2017 12 9/26/2017 132 2 342300 9 GL 2017 12 9/30/2017 292 6 342300 9 CB 2017 12 9/18/2017 70 77 342020 9 GL 2017 12 9/30/2017 292 4 342020 9 CB 2017 12 9/29/2017 141 74 341000 9 GL 2017 12 9/30/2017 292 7 341000 9 98 2017 12 9/30/2017 43 4 342300 9 98 2017 12 9/30/2017 44 6 342300 9 GL 2017 12 9/18/2017 115 5 342300 9 CB 2017 12 9/15/2017 193 2 342300 9 CB 2017 12 9/28/2017 197 2 342300 9 CB 2017 12 9/28/2017 245 2 342300 9 GL 2017 12 9/30/2017 292 12 342300 9 98 2017 12 9/30/2017 43 3 342020 9 98 2017 12 9/30/2017 44 4 342020 9 GL 2017 12 9/30/2017 292 10 342020 9 GL 2017 12 9/30/2017 319 269 340900 9 GL 2017 12 9/30/2017 542 269 340995 9 GL 2018 1 10/31/2017 313 174 340900 9 GL 2018 1 10/1/2017 285 176 340995 9 GL 2018 1 10/31/2017 313 175 340900 9 GL 2018 1 10/1/2017 285 177 340995 9 GL 2018 1 10/31/2017 313 176 340900 9 GL 2018 1 10/1/2017 285 178 340995 9 GL 2018 1 10/31/2017 313 177 340900 9 GL 2018 1 10/1/2017 285 179 340995 9 GL 2018 1 10/31/2017 313 178 340900 9 GL 2018 1 10/1/2017 285 180 340995 9 GL 2018 1 10/31/2017 313 179 340900 9 GL 2018 1 10/1/2017 285 181 340995 9 GL 2018 1 10/31/2017 313 180 340900 9 GL 2018 1 10/1/2017 285 182 340995 9 GL 2018 1 10/31/2017 313 181 340900 9 GL 2018 1 10/1/2017 285 183 340995 9 GL 2018 1 10/31/2017 313 182 340900 9 GL 2018 1 10/1/2017 285 184 340995 9 GL 2018 1 10/31/2017 313 183 340900 9 GL 2018 1 10/1/2017 285 185 340995 9 GL 2018 1 10/31/2017 313 184 340900 9 GL 2018 1 10/1/2017 285 186 340995 9 GL 2018 1 10/31/2017 313 185 340900 9 GL 2018 1 10/1/2017 285 187 340995 9 GL 2018 1 10/31/2017 313 186 340900 9 GL 2018 1 10/1/2017 285 188 340995 9 GL 2018 1 10/31/2017 313 187 340900 9 GL 2018 1 10/1/2017 285 189 340995 9 GL 2018 1 10/31/2017 313 188 340900 9 GL 2018 1 10/1/2017 285 190 340995 9 GL 2018 1 10/31/2017 313 189 340900 9 GL 2018 1 10/1/2017 285 191 340995 9 GL 2018 1 10/31/2017 313 190 340900 9 GL 2018 1 10/1/2017 285 192 340995 9 GL 2018 1 10/31/2017 313 191 340900 9 GL 2018 1 10/1/2017 285 193 340995 9 GL 2018 1 10/31/2017 313 192 340900 9 GL 2018 1 10/1/2017 285 194 340995 9 GL 2018 1 10/31/2017 313 193 340900 9 GL 2018 1 10/1/2017 285 195 340995 9 GL 2018 1 10/31/2017 313 194 340900 9 GL 2018 1 10/1/2017 285 196 340995 9 GL 2018 1 10/31/2017 313 195 340900 9 GL 2018 1 10/1/2017 285 197 340995 9 GL 2018 1 10/31/2017 313 196 340900 9 GL 2018 1 10/1/2017 285 198 340995 9 GL 2018 1 10/31/2017 313 197 340900 9 GL 2018 1 10/1/2017 285 199 340995 9 GL 2018 1 10/31/2017 313 198 340900 9 GL 2018 1 10/1/2017 285 200 340995 9 GL 2018 1 10/1/2017 285 201 340995 9 GL 2018 1 10/31/2017 313 199 340900 9 GL 2018 1 10/1/2017 285 202 340995 9 GL 2018 1 10/31/2017 313 200 340900 9 GL 2018 1 10/1/2017 285 203 340995 9 GL 2018 1 10/31/2017 313 201 340900 9 GL 2018 1 10/1/2017 285 204 340995 9 GL 2018 1 10/31/2017 313 202 340900 9 GL 2018 1 10/1/2017 285 205 340995 9 GL 2018 1 10/31/2017 313 203 340900 9 GL 2018 1 10/1/2017 285 206 340995 9 GL 2018 1 10/31/2017 313 204 340900 9 GL 2018 1 10/1/2017 285 207 340995 9 GL 2018 1 10/31/2017 313 205 340900 9 GL 2018 1 10/1/2017 285 208 340995 9 GL 2018 1 10/31/2017 313 206 340900 9 GL 2018 1 10/1/2017 285 209 340995 9 GL 2018 1 10/31/2017 313 207 340900 9 GL 2018 1 10/1/2017 285 210 340995 9 GL 2018 1 10/31/2017 313 208 340900 9 GL 2018 1 10/1/2017 285 211 340995 9 GL 2018 1 10/10/2017 69 51 340720 9 GL 2018 1 10/2/2017 2 37 340700 9 GL 2018 1 10/4/2017 12 57 340700 9 GL 2018 1 10/4/2017 12 58 340700 9 GL 2018 1 10/20/2017 151 26 340700 9 GL 2018 1 10/23/2017 153 53 340000 9 GL 2018 1 10/24/2017 167 1 340000 9 GL 2018 1 10/24/2017 169 96 340000 9 GL 2018 1 10/2/2017 2 38 341070 9 GL 2018 1 10/4/2017 12 59 341070 9 GL 2018 1 10/4/2017 12 60 341070 9 GL 2018 1 10/20/2017 151 27 341070 9 GL 2018 1 10/25/2017 176 26 341070 9 GL 2018 1 10/31/2017 313 209 340900 9 GL 2018 1 10/1/2017 285 212 340995 9 GL 2018 1 10/27/2017 197 28 343400 9 GL 2018 1 10/31/2017 313 210 340900 9 GL 2018 1 10/1/2017 285 213 340995 9 GL 2018 1 10/31/2017 313 211 340900 9 GL 2018 1 10/1/2017 285 214 340995 9 GL 2018 1 10/31/2017 313 212 340900 9 GL 2018 1 10/1/2017 285 215 340995 9 GL 2018 1 10/31/2017 313 213 340900 9 GL 2018 1 10/1/2017 285 216 340995 9 GL 2018 1 10/31/2017 313 214 340900 9 GL 2018 1 10/1/2017 285 217 340995 9 GL 2018 1 10/31/2017 313 215 340900 9 GL 2018 1 10/1/2017 285 218 340995 9 GL 2018 1 10/31/2017 313 216 340900 9 GL 2018 1 10/1/2017 285 219 340995 9 GL 2018 1 10/31/2017 313 217 340900 9 GL 2018 1 10/1/2017 285 220 340995 9 GL 2018 1 10/31/2017 313 218 340900 9 GL 2018 1 10/1/2017 285 221 340995 9 GL 2018 1 10/31/2017 313 219 340900 9 GL 2018 1 10/1/2017 285 222 340995 9 GL 2018 1 10/31/2017 313 220 340900 9 GL 2018 1 10/1/2017 285 223 340995 9 GL 2018 1 10/31/2017 313 221 340900 9 GL 2018 1 10/1/2017 285 224 340995 9 GL 2018 1 10/31/2017 313 227 340900 9 GL 2018 1 10/1/2017 285 230 340995 9 GL 2018 1 10/31/2017 313 228 340900 9 GL 2018 1 10/31/2017 313 229 340900 9 GL 2018 1 10/1/2017 285 231 340995 9 GL 2018 1 10/31/2017 313 230 340900 9 GL 2018 1 10/1/2017 285 232 340995 9 GL 2018 1 10/31/2017 313 231 340900 9 GL 2018 1 10/1/2017 285 233 340995 9 GL 2018 1 10/31/2017 313 232 340900 9 GL 2018 1 10/1/2017 285 234 340995 9 GL 2018 1 10/31/2017 313 233 340900 9 GL 2018 1 10/1/2017 285 235 340995 9 GL 2018 1 10/31/2017 313 234 340900 9 GL 2018 1 10/1/2017 285 236 340995 9 GL 2018 1 10/31/2017 313 235 340900 9 GL 2018 1 10/1/2017 285 237 340995 9 GL 2018 1 10/31/2017 313 236 340900 9 GL 2018 1 10/1/2017 285 238 340995 9 GL 2018 1 10/31/2017 313 241 340900 9 GL 2018 1 10/1/2017 285 243 340995 9 GL 2018 1 10/31/2017 313 242 340900 9 GL 2018 1 10/1/2017 285 244 340995 9 GL 2018 1 10/31/2017 313 243 340900 9 GL 2018 1 10/1/2017 285 245 340995 9 GL 2018 1 10/31/2017 313 244 340900 9 GL 2018 1 10/1/2017 285 246 340995 9 GL 2018 1 10/31/2017 313 245 340900 9 GL 2018 1 10/1/2017 285 247 340995 9 GL 2018 1 10/31/2017 313 246 340900 9 GL 2018 1 10/1/2017 285 248 340995 9 GL 2018 1 10/31/2017 313 247 340900 9 GL 2018 1 10/1/2017 285 249 340995 9 GL 2018 1 10/31/2017 313 253 340900 9 GL 2018 1 10/31/2017 313 254 340900 9 GL 2018 1 10/1/2017 285 255 340995 9 GL 2018 1 10/31/2017 313 255 340900 9 GL 2018 1 10/1/2017 285 256 340995 9 GL 2018 1 10/31/2017 313 256 340900 9 GL 2018 1 10/1/2017 285 257 340995 9 GL 2018 1 10/31/2017 313 257 340900 9 GL 2018 1 10/1/2017 285 258 340995 9 GL 2018 1 10/31/2017 313 258 340900 9 GL 2018 1 10/1/2017 285 259 340995 9 GL 2018 1 10/31/2017 313 259 340900 9 GL 2018 1 10/1/2017 285 260 340995 9 GL 2018 1 10/31/2017 313 260 340900 9 GL 2018 1 10/1/2017 285 261 340995 9 GL 2018 1 10/31/2017 313 261 340900 9 GL 2018 1 10/1/2017 285 262 340995 9 GL 2018 1 10/31/2017 313 262 340900 9 GL 2018 1 10/1/2017 285 263 340995 9 GL 2018 1 10/31/2017 313 263 340900 9 GL 2018 1 10/1/2017 285 264 340995 9 GL 2018 1 10/31/2017 313 264 340900 9 GL 2018 1 10/1/2017 285 265 340995 9 GL 2018 1 10/31/2017 313 265 340900 9 GL 2018 1 10/1/2017 285 266 340995 9 GL 2018 1 10/31/2017 314 1 340900 9 CB 2018 1 10/2/2017 3 81 342300 9 CB 2018 1 10/11/2017 91 5 342300 9 CB 2018 1 10/17/2017 94 2 342300 9 CB 2018 1 10/27/2017 194 4 342300 9 CB 2018 1 10/30/2017 195 21 342300 9 CB 2018 1 10/19/2017 96 65 342020 9 GL 2018 1 10/31/2017 313 268 340900 9 GL 2018 1 10/1/2017 285 269 340995 9 GL 2018 2 11/30/2017 320 174 340900 9 GL 2018 2 11/7/2017 188 2 352000 9 GL 2018 2 11/30/2017 320 175 340900 9 GL 2018 2 11/30/2017 320 176 340900 9 GL 2018 2 11/30/2017 320 177 340900 9 GL 2018 2 11/30/2017 320 178 340900 9 GL 2018 2 11/30/2017 320 179 340900 9 GL 2018 2 11/30/2017 320 180 340900 9 GL 2018 2 11/30/2017 320 181 340900 9 GL 2018 2 11/30/2017 320 182 340900 9 GL 2018 2 11/30/2017 320 183 340900 9 GL 2018 2 11/30/2017 320 184 340900 9 GL 2018 2 11/30/2017 320 185 340900 9 GL 2018 2 11/30/2017 320 186 340900 9 GL 2018 2 11/30/2017 320 187 340900 9 GL 2018 2 11/30/2017 320 188 340900 9 GL 2018 2 11/30/2017 320 189 340900 9 GL 2018 2 11/30/2017 320 190 340900 9 GL 2018 2 11/30/2017 320 191 340900 9 GL 2018 2 11/30/2017 320 192 340900 9 GL 2018 2 11/30/2017 320 193 340900 9 GL 2018 2 11/30/2017 320 194 340900 9 GL 2018 2 11/30/2017 320 195 340900 9 GL 2018 2 11/30/2017 320 196 340900 9 GL 2018 2 11/30/2017 320 197 340900 9 GL 2018 2 11/30/2017 320 198 340900 9 GL 2018 2 11/30/2017 320 199 340900 9 GL 2018 2 11/30/2017 320 200 340900 9 GL 2018 2 11/30/2017 320 201 340900 9 GL 2018 2 11/30/2017 320 202 340900 9 GL 2018 2 11/30/2017 320 203 340900 9 CB 2018 2 11/20/2017 222 2 304493 9 GL 2018 2 11/30/2017 320 204 340900 9 GL 2018 2 11/30/2017 320 205 340900 9 GL 2018 2 11/30/2017 320 206 340900 9 GL 2018 2 11/30/2017 320 207 340900 9 GL 2018 2 11/30/2017 320 208 340900 9 GL 2018 2 11/30/2017 320 209 340900 9 CB 2018 2 11/20/2017 222 4 304493 9 GL 2018 2 11/30/2017 320 210 340900 9 GL 2018 2 11/30/2017 320 211 340900 9 GL 2018 2 11/30/2017 320 212 340900 9 GL 2018 2 11/30/2017 320 213 340900 9 GL 2018 2 11/30/2017 320 214 340900 9 GL 2018 2 11/30/2017 320 215 340900 9 GL 2018 2 11/30/2017 320 216 340900 9 GL 2018 2 11/30/2017 320 217 340900 9 GL 2018 2 11/30/2017 320 218 340900 9 GL 2018 2 11/30/2017 320 219 340900 9 GL 2018 2 11/30/2017 320 220 340900 9 GL 2018 2 11/30/2017 320 221 340900 9 GL 2018 2 11/30/2017 320 227 340900 9 GL 2018 2 11/30/2017 320 228 340900 9 GL 2018 2 11/30/2017 320 229 340900 9 GL 2018 2 11/30/2017 320 230 340900 9 GL 2018 2 11/30/2017 320 231 340900 9 GL 2018 2 11/30/2017 320 232 340900 9 GL 2018 2 11/30/2017 320 233 340900 9 GL 2018 2 11/30/2017 320 234 340900 9 GL 2018 2 11/30/2017 320 235 340900 9 GL 2018 2 11/30/2017 320 236 340900 9 GL 2018 2 11/30/2017 320 241 340900 9 GL 2018 2 11/30/2017 320 242 340900 9 GL 2018 2 11/30/2017 320 243 340900 9 GL 2018 2 11/30/2017 320 244 340900 9 GL 2018 2 11/30/2017 320 245 340900 9 GL 2018 2 11/30/2017 320 246 340900 9 GL 2018 2 11/30/2017 320 247 340900 9 GL 2018 2 11/30/2017 320 253 340900 9 GL 2018 2 11/30/2017 320 254 340900 9 GL 2018 2 11/30/2017 320 255 340900 9 GL 2018 2 11/30/2017 320 256 340900 9 GL 2018 2 11/30/2017 320 257 340900 9 GL 2018 2 11/30/2017 320 258 340900 9 GL 2018 2 11/30/2017 320 259 340900 9 GL 2018 2 11/30/2017 320 260 340900 9 GL 2018 2 11/30/2017 320 261 340900 9 GL 2018 2 11/30/2017 320 262 340900 9 GL 2018 2 11/30/2017 320 263 340900 9 GL 2018 2 11/30/2017 320 264 340900 9 GL 2018 2 11/30/2017 320 265 340900 9 GL 2018 2 11/30/2017 330 142 340900 9 CB 2018 2 11/2/2017 5 60 342300 9 CB 2018 2 11/3/2017 20 6 342300 9 CB 2018 2 11/6/2017 21 12 342300 9 CB 2018 2 11/7/2017 22 61 342300 9 CB 2018 2 11/10/2017 72 4 342300 9 CB 2018 2 11/17/2017 109 11 342300 9 CB 2018 2 11/20/2017 110 15 342300 9 CB 2018 2 11/21/2017 202 2 342300 9 CB 2018 2 10/23/2017 205 4 342300 9 CB 2018 2 11/9/2017 206 2 342300 9 CB 2018 2 11/13/2017 207 2 342300 9 CB 2018 2 11/28/2017 214 2 342300 9 CB 2018 2 11/30/2017 216 2 342300 9 CB 2018 2 11/17/2017 109 10 342020 9 GL 2018 2 11/30/2017 320 268 340900 9 GL 2018 3 12/31/2017 250 172 340900 9 GL 2018 3 12/31/2017 250 173 340900 9 GL 2018 3 12/29/2017 165 2 305740 9 GL 2018 3 12/29/2017 165 4 305740 9 GL 2018 3 12/31/2017 250 174 340900 9 GL 2018 3 12/31/2017 250 175 340900 9 GL 2018 3 12/31/2017 250 176 340900 9 GL 2018 3 12/31/2017 250 177 340900 9 GL 2018 3 12/31/2017 250 178 340900 9 GL 2018 3 12/31/2017 250 179 340900 9 GL 2018 3 12/31/2017 250 180 340900 9 GL 2018 3 12/31/2017 250 181 340900 9 GL 2018 3 12/31/2017 250 182 340900 9 GL 2018 3 12/31/2017 250 183 340900 9 GL 2018 3 12/31/2017 250 184 340900 9 GL 2018 3 12/31/2017 250 185 340900 9 GL 2018 3 12/31/2017 250 186 340900 9 GL 2018 3 12/31/2017 250 187 340900 9 GL 2018 3 12/31/2017 250 188 340900 9 GL 2018 3 12/31/2017 250 189 340900 9 GL 2018 3 12/31/2017 250 190 340900 9 GL 2018 3 12/31/2017 250 191 340900 9 GL 2018 3 12/31/2017 250 192 340900 9 GL 2018 3 12/31/2017 250 193 340900 9 GL 2018 3 12/31/2017 250 194 340900 9 GL 2018 3 12/31/2017 250 195 340900 9 GL 2018 3 12/31/2017 250 196 340900 9 GL 2018 3 12/31/2017 250 197 340900 9 GL 2018 3 12/31/2017 250 198 340900 9 GL 2018 3 12/31/2017 250 199 340900 9 GL 2018 3 12/31/2017 250 200 340900 9 GL 2018 3 12/31/2017 250 201 340900 9 GL 2018 3 12/31/2017 250 202 340900 9 GL 2018 3 12/31/2017 250 203 340900 9 GL 2018 3 12/31/2017 250 204 340900 9 GL 2018 3 12/31/2017 250 205 340900 9 GL 2018 3 12/31/2017 250 206 340900 9 BL 2018 3 12/28/2017 48 2 340000 9 GL 2018 3 12/31/2017 250 207 340900 9 GL 2018 3 12/31/2017 250 208 340900 9 GL 2018 3 12/31/2017 250 209 340900 9 GL 2018 3 12/31/2017 250 210 340900 9 GL 2018 3 12/31/2017 250 211 340900 9 GL 2018 3 12/31/2017 250 212 340900 9 GL 2018 3 12/31/2017 250 213 340900 9 GL 2018 3 12/31/2017 250 214 340900 9 GL 2018 3 12/31/2017 250 215 340900 9 GL 2018 3 12/31/2017 250 216 340900 9 GL 2018 3 12/31/2017 250 217 340900 9 GL 2018 3 12/31/2017 250 218 340900 9 GL 2018 3 12/31/2017 250 219 340900 9 GL 2018 3 12/31/2017 250 225 340900 9 GL 2018 3 12/31/2017 250 226 340900 9 GL 2018 3 12/31/2017 250 227 340900 9 GL 2018 3 12/31/2017 250 228 340900 9 GL 2018 3 12/31/2017 250 229 340900 9 GL 2018 3 12/31/2017 250 230 340900 9 GL 2018 3 12/31/2017 250 231 340900 9 GL 2018 3 12/31/2017 250 232 340900 9 GL 2018 3 12/31/2017 250 233 340900 9 GL 2018 3 12/31/2017 250 234 340900 9 GL 2018 3 12/31/2017 250 239 340900 9 GL 2018 3 12/31/2017 250 240 340900 9 GL 2018 3 12/31/2017 250 241 340900 9 GL 2018 3 12/31/2017 250 242 340900 9 GL 2018 3 12/31/2017 250 243 340900 9 GL 2018 3 12/31/2017 250 244 340900 9 GL 2018 3 12/31/2017 250 245 340900 9 GL 2018 3 12/31/2017 250 251 340900 9 GL 2018 3 12/31/2017 250 252 340900 9 GL 2018 3 12/31/2017 250 253 340900 9 GL 2018 3 12/4/2017 252 8 340900 9 GL 2018 3 12/31/2017 284 6 345310 9 GL 2018 3 12/31/2017 250 254 340900 9 GL 2018 3 12/31/2017 250 255 340900 9 GL 2018 3 12/31/2017 250 256 340900 9 GL 2018 3 12/31/2017 250 257 340900 9 GL 2018 3 12/31/2017 250 258 340900 9 GL 2018 3 12/31/2017 250 259 340900 9 GL 2018 3 12/31/2017 250 260 340900 9 GL 2018 3 12/31/2017 250 261 340900 9 GL 2018 3 12/31/2017 250 262 340900 9 GL 2018 3 12/31/2017 250 263 340900 9 GL 2018 3 12/29/2017 262 32 340900 9 CB 2018 3 12/1/2017 10 22 342300 9 CB 2018 3 12/4/2017 12 27 342300 9 CB 2018 3 12/5/2017 13 50 342300 9 CB 2018 3 12/6/2017 44 10 342300 9 CB 2018 3 12/12/2017 49 64 342300 9 CB 2018 3 12/26/2017 117 48 342300 9 CB 2018 3 12/1/2017 155 2 342300 9 CB 2018 3 12/6/2017 158 2 342300 9 CB 2018 3 12/13/2017 164 4 342300 9 CB 2018 3 12/22/2017 173 2 342300 9 CB 2018 3 12/28/2017 177 4 342300 9 CB 2018 3 12/29/2017 178 13 342300 9 CB 2018 3 12/26/2017 117 47 342020 9 GL 2018 3 12/31/2017 250 266 340900 9 GL 2018 4 12/31/2017 366 171 340900 9 GL 2018 4 1/31/2018 378 171 340900 9 GL 2018 4 12/31/2017 366 172 340900 9 GL 2018 4 1/31/2018 378 172 340900 9 GL 2018 4 12/31/2017 366 173 340900 9 GL 2018 4 1/31/2018 378 173 340900 9 GL 2018 4 12/31/2017 366 174 340900 9 GL 2018 4 1/31/2018 378 174 340900 9 GL 2018 4 12/31/2017 366 175 340900 9 GL 2018 4 1/31/2018 378 175 340900 9 GL 2018 4 12/31/2017 366 176 340900 9 GL 2018 4 1/31/2018 378 176 340900 9 GL 2018 4 12/31/2017 366 177 340900 9 GL 2018 4 1/31/2018 378 177 340900 9 GL 2018 4 12/31/2017 366 178 340900 9 GL 2018 4 1/31/2018 378 178 340900 9 GL 2018 4 12/31/2017 366 179 340900 9 GL 2018 4 1/31/2018 378 179 340900 9 GL 2018 4 12/31/2017 366 180 340900 9 GL 2018 4 1/31/2018 378 180 340900 9 GL 2018 4 12/31/2017 366 181 340900 9 GL 2018 4 1/31/2018 378 181 340900 9 GL 2018 4 12/31/2017 366 182 340900 9 GL 2018 4 1/31/2018 378 182 340900 9 GL 2018 4 12/31/2017 366 183 340900 9 GL 2018 4 1/31/2018 378 183 340900 9 GL 2018 4 1/31/2018 378 184 340900 9 GL 2018 4 12/31/2017 366 184 340900 9 GL 2018 4 1/31/2018 378 185 340900 9 GL 2018 4 12/31/2017 366 185 340900 9 GL 2018 4 1/31/2018 378 186 340900 9 GL 2018 4 12/31/2017 366 186 340900 9 GL 2018 4 1/31/2018 378 187 340900 9 GL 2018 4 12/31/2017 366 187 340900 9 GL 2018 4 1/31/2018 378 188 340900 9 GL 2018 4 12/31/2017 366 188 340900 9 GL 2018 4 1/31/2018 378 189 340900 9 GL 2018 4 12/31/2017 366 189 340900 9 GL 2018 4 1/31/2018 378 190 340900 9 GL 2018 4 12/31/2017 366 190 340900 9 GL 2018 4 1/31/2018 378 191 340900 9 GL 2018 4 12/31/2017 366 191 340900 9 GL 2018 4 1/31/2018 378 192 340900 9 GL 2018 4 12/31/2017 366 192 340900 9 GL 2018 4 1/31/2018 378 193 340900 9 GL 2018 4 12/31/2017 366 193 340900 9 GL 2018 4 1/31/2018 378 194 340900 9 GL 2018 4 12/31/2017 366 194 340900 9 GL 2018 4 1/31/2018 378 195 340900 9 GL 2018 4 12/31/2017 366 195 340900 9 GL 2018 4 1/31/2018 378 196 340900 9 GL 2018 4 12/31/2017 366 196 340900 9 GL 2018 4 1/31/2018 378 197 340900 9 GL 2018 4 12/31/2017 366 197 340900 9 GL 2018 4 1/31/2018 378 198 340900 9 GL 2018 4 12/31/2017 366 198 340900 9 GL 2018 4 1/31/2018 378 199 340900 9 GL 2018 4 12/31/2017 366 199 340900 9 GL 2018 4 1/31/2018 378 200 340900 9 GL 2018 4 12/31/2017 366 200 340900 9 GL 2018 4 1/31/2018 378 201 340900 9 GL 2018 4 12/31/2017 366 201 340900 9 GL 2018 4 1/31/2018 378 202 340900 9 GL 2018 4 12/31/2017 366 202 340900 9 GL 2018 4 1/31/2018 378 203 340900 9 GL 2018 4 12/31/2017 366 203 340900 9 GL 2018 4 1/31/2018 378 204 340900 9 GL 2018 4 12/31/2017 366 204 340900 9 GL 2018 4 1/31/2018 378 205 340900 9 GL 2018 4 1/30/2018 174 10 340700 9 GL 2018 4 1/30/2018 174 12 341070 9 GL 2018 4 12/31/2017 366 205 340900 9 GL 2018 4 1/31/2018 378 206 340900 9 GL 2018 4 12/31/2017 366 206 340900 9 GL 2018 4 1/31/2018 378 207 340900 9 GL 2018 4 12/31/2017 366 207 340900 9 GL 2018 4 1/31/2018 378 208 340900 9 GL 2018 4 12/31/2017 366 208 340900 9 GL 2018 4 1/31/2018 378 209 340900 9 GL 2018 4 12/31/2017 366 209 340900 9 GL 2018 4 1/31/2018 378 210 340900 9 GL 2018 4 12/31/2017 366 210 340900 9 GL 2018 4 1/31/2018 378 211 340900 9 GL 2018 4 12/31/2017 366 211 340900 9 GL 2018 4 1/31/2018 378 212 340900 9 GL 2018 4 12/31/2017 366 212 340900 9 GL 2018 4 1/31/2018 378 213 340900 9 GL 2018 4 12/31/2017 366 213 340900 9 GL 2018 4 1/31/2018 378 214 340900 9 GL 2018 4 12/31/2017 366 214 340900 9 GL 2018 4 1/31/2018 378 215 340900 9 GL 2018 4 12/31/2017 366 215 340900 9 GL 2018 4 1/31/2018 378 216 340900 9 GL 2018 4 12/31/2017 366 216 340900 9 GL 2018 4 1/31/2018 378 217 340900 9 GL 2018 4 12/31/2017 366 217 340900 9 GL 2018 4 1/31/2018 378 218 340900 9 GL 2018 4 12/31/2017 366 223 340900 9 GL 2018 4 1/31/2018 378 224 340900 9 GL 2018 4 12/31/2017 366 224 340900 9 GL 2018 4 1/31/2018 378 225 340900 9 GL 2018 4 12/31/2017 366 225 340900 9 GL 2018 4 1/31/2018 378 226 340900 9 GL 2018 4 12/31/2017 366 226 340900 9 GL 2018 4 1/31/2018 378 227 340900 9 GL 2018 4 12/31/2017 366 227 340900 9 GL 2018 4 1/31/2018 378 228 340900 9 GL 2018 4 12/31/2017 366 228 340900 9 GL 2018 4 1/31/2018 378 229 340900 9 GL 2018 4 12/31/2017 366 229 340900 9 GL 2018 4 1/31/2018 378 230 340900 9 GL 2018 4 12/31/2017 366 230 340900 9 GL 2018 4 1/31/2018 378 231 340900 9 GL 2018 4 12/31/2017 366 231 340900 9 GL 2018 4 1/31/2018 378 232 340900 9 GL 2018 4 12/31/2017 366 232 340900 9 GL 2018 4 1/31/2018 378 233 340900 9 GL 2018 4 12/31/2017 366 237 340900 9 GL 2018 4 1/31/2018 378 238 340900 9 GL 2018 4 12/31/2017 366 238 340900 9 GL 2018 4 1/31/2018 378 239 340900 9 GL 2018 4 12/31/2017 366 239 340900 9 GL 2018 4 1/31/2018 378 240 340900 9 GL 2018 4 12/31/2017 366 240 340900 9 GL 2018 4 1/31/2018 378 241 340900 9 GL 2018 4 12/31/2017 366 241 340900 9 GL 2018 4 1/31/2018 378 242 340900 9 GL 2018 4 12/31/2017 366 242 340900 9 GL 2018 4 1/31/2018 378 243 340900 9 GL 2018 4 12/31/2017 366 243 340900 9 GL 2018 4 1/31/2018 378 244 340900 9 GL 2018 4 12/31/2017 366 249 340900 9 GL 2018 4 1/31/2018 378 250 340900 9 GL 2018 4 12/31/2017 366 250 340900 9 GL 2018 4 1/31/2018 378 251 340900 9 GL 2018 4 12/31/2017 366 251 340900 9 GL 2018 4 1/31/2018 378 252 340900 9 GL 2018 4 1/3/2018 303 12 340900 9 GL 2018 4 12/31/2017 366 252 340900 9 GL 2018 4 1/31/2018 378 253 340900 9 GL 2018 4 12/31/2017 366 253 340900 9 GL 2018 4 1/31/2018 378 254 340900 9 GL 2018 4 12/31/2017 366 254 340900 9 GL 2018 4 1/31/2018 378 255 340900 9 GL 2018 4 12/31/2017 366 255 340900 9 GL 2018 4 1/31/2018 378 256 340900 9 GL 2018 4 12/31/2017 366 256 340900 9 GL 2018 4 1/31/2018 378 257 340900 9 GL 2018 4 12/31/2017 366 257 340900 9 GL 2018 4 1/31/2018 378 258 340900 9 GL 2018 4 12/31/2017 366 258 340900 9 GL 2018 4 1/31/2018 378 259 340900 9 GL 2018 4 12/31/2017 366 259 340900 9 GL 2018 4 1/31/2018 378 260 340900 9 GL 2018 4 12/31/2017 366 260 340900 9 GL 2018 4 1/31/2018 378 261 340900 9 GL 2018 4 12/31/2017 366 261 340900 9 GL 2018 4 1/31/2018 378 262 340900 9 GL 2018 4 1/31/2018 317 122 340900 9 CB 2018 4 1/2/2018 12 11 342300 9 CB 2018 4 1/3/2018 13 13 342300 9 CB 2018 4 1/8/2018 66 4 342300 9 CB 2018 4 1/11/2018 67 9 342300 9 CB 2018 4 1/17/2018 78 61 342300 9 CB 2018 4 1/23/2018 124 15 342300 9 CB 2018 4 1/25/2018 157 19 342300 9 CB 2018 4 1/29/2018 174 69 342300 9 CB 2018 4 1/30/2018 196 20 342300 9 CB 2018 4 1/16/2018 235 6 342300 9 CB 2018 4 1/23/2018 237 2 342300 9 CB 2018 4 1/29/2018 238 7 342300 9 CB 2018 4 1/30/2018 239 2 342300 9 CB 2018 4 1/22/2018 123 12 342020 9 GL 2018 4 12/31/2017 366 264 340900 9 GL 2018 4 1/31/2018 378 265 340900 9 GL 2018 5 2/28/2018 261 169 340900 9 GL 2018 5 2/28/2018 261 170 340900 9 GL 2018 5 2/28/2018 261 171 340900 9 GL 2018 5 2/28/2018 261 172 340900 9 GL 2018 5 2/28/2018 261 173 340900 9 GL 2018 5 2/28/2018 261 174 340900 9 GL 2018 5 2/28/2018 261 175 340900 9 GL 2018 5 2/28/2018 261 176 340900 9 GL 2018 5 2/28/2018 261 177 340900 9 GL 2018 5 2/28/2018 261 178 340900 9 GL 2018 5 2/28/2018 261 179 340900 9 GL 2018 5 2/28/2018 261 180 340900 9 GL 2018 5 2/28/2018 261 181 340900 9 GL 2018 5 2/28/2018 261 182 340900 9 GL 2018 5 2/28/2018 261 183 340900 9 GL 2018 5 2/28/2018 261 184 340900 9 GL 2018 5 2/28/2018 261 185 340900 9 GL 2018 5 2/28/2018 261 186 340900 9 GL 2018 5 2/28/2018 261 187 340900 9 GL 2018 5 2/28/2018 261 188 340900 9 GL 2018 5 2/28/2018 261 189 340900 9 GL 2018 5 2/28/2018 261 190 340900 9 GL 2018 5 2/28/2018 261 191 340900 9 GL 2018 5 2/28/2018 261 192 340900 9 GL 2018 5 2/28/2018 261 193 340900 9 GL 2018 5 2/28/2018 261 194 340900 9 GL 2018 5 2/28/2018 261 195 340900 9 GL 2018 5 2/28/2018 261 196 340900 9 GL 2018 5 2/28/2018 261 197 340900 9 GL 2018 5 2/28/2018 261 198 340900 9 GL 2018 5 2/28/2018 261 199 340900 9 GL 2018 5 2/28/2018 261 200 340900 9 GL 2018 5 2/28/2018 261 201 340900 9 GL 2018 5 2/28/2018 261 202 340900 9 GL 2018 5 2/28/2018 261 203 340900 9 GL 2018 5 3/14/2018 293 10 340700 9 GL 2018 5 3/14/2018 293 12 341070 9 GL 2018 5 2/28/2018 261 204 340900 9 GL 2018 5 2/28/2018 261 205 340900 9 GL 2018 5 2/28/2018 261 206 340900 9 GL 2018 5 2/28/2018 261 207 340900 9 GL 2018 5 2/28/2018 261 208 340900 9 GL 2018 5 2/28/2018 261 209 340900 9 GL 2018 5 2/28/2018 261 210 340900 9 GL 2018 5 2/28/2018 261 211 340900 9 GL 2018 5 2/28/2018 261 212 340900 9 GL 2018 5 2/28/2018 261 213 340900 9 GL 2018 5 2/28/2018 261 214 340900 9 GL 2018 5 2/28/2018 261 215 340900 9 GL 2018 5 2/28/2018 261 216 340900 9 GL 2018 5 2/28/2018 261 221 340900 9 GL 2018 5 2/28/2018 261 222 340900 9 GL 2018 5 2/28/2018 261 223 340900 9 GL 2018 5 2/28/2018 261 224 340900 9 GL 2018 5 2/28/2018 261 225 340900 9 GL 2018 5 2/28/2018 261 226 340900 9 GL 2018 5 2/28/2018 261 227 340900 9 GL 2018 5 2/28/2018 261 228 340900 9 GL 2018 5 2/28/2018 261 229 340900 9 GL 2018 5 2/28/2018 261 230 340900 9 GL 2018 5 2/28/2018 261 235 340900 9 GL 2018 5 2/28/2018 261 236 340900 9 GL 2018 5 2/28/2018 261 237 340900 9 GL 2018 5 2/28/2018 261 238 340900 9 GL 2018 5 2/28/2018 261 239 340900 9 GL 2018 5 2/28/2018 261 240 340900 9 GL 2018 5 2/28/2018 261 241 340900 9 GL 2018 5 2/28/2018 261 247 340900 9 GL 2018 5 2/28/2018 261 248 340900 9 GL 2018 5 2/28/2018 261 249 340900 9 GL 2018 5 2/2/2018 246 14 340900 9 GL 2018 5 2/28/2018 261 250 340900 9 GL 2018 5 2/28/2018 261 251 340900 9 GL 2018 5 2/28/2018 261 252 340900 9 GL 2018 5 2/28/2018 261 253 340900 9 GL 2018 5 2/28/2018 261 254 340900 9 GL 2018 5 2/28/2018 261 255 340900 9 GL 2018 5 2/28/2018 261 256 340900 9 GL 2018 5 2/28/2018 261 257 340900 9 GL 2018 5 2/28/2018 261 258 340900 9 GL 2018 5 2/28/2018 261 259 340900 9 GL 2018 5 2/28/2018 258 126 340900 9 CB 2018 5 2/1/2018 9 25 342300 9 CB 2018 5 2/5/2018 13 52 342300 9 CB 2018 5 2/7/2018 58 7 342300 9 CB 2018 5 2/8/2018 59 8 342300 9 CB 2018 5 2/20/2018 120 31 342300 9 CB 2018 5 2/26/2018 131 22 342300 9 CB 2018 5 2/27/2018 132 77 342300 9 CB 2018 5 2/13/2018 157 2 342300 9 CB 2018 5 2/23/2018 160 2 342300 9 CB 2018 5 2/27/2018 162 2 342300 9 CB 2018 5 2/28/2018 163 2 342300 9 CB 2018 5 2/22/2018 128 13 342020 9 GL 2018 5 2/28/2018 261 262 340900 9 GL 2018 6 3/31/2018 333 166 340900 9 GL 2018 6 3/31/2018 333 167 340900 9 GL 2018 6 3/31/2018 333 168 340900 9 GL 2018 6 3/31/2018 333 169 340900 9 GL 2018 6 3/31/2018 333 170 340900 9 GL 2018 6 3/31/2018 333 171 340900 9 GL 2018 6 3/31/2018 333 172 340900 9 GL 2018 6 3/31/2018 333 173 340900 9 GL 2018 6 3/31/2018 333 174 340900 9 GL 2018 6 3/31/2018 333 175 340900 9 GL 2018 6 3/31/2018 333 176 340900 9 GL 2018 6 3/31/2018 333 177 340900 9 GL 2018 6 3/31/2018 333 178 340900 9 GL 2018 6 3/31/2018 333 179 340900 9 GL 2018 6 3/31/2018 333 180 340900 9 GL 2018 6 3/31/2018 333 181 340900 9 GL 2018 6 3/31/2018 333 182 340900 9 GL 2018 6 3/31/2018 333 183 340900 9 GL 2018 6 3/31/2018 333 184 340900 9 GL 2018 6 3/31/2018 333 185 340900 9 GL 2018 6 3/31/2018 333 186 340900 9 GL 2018 6 3/31/2018 333 187 340900 9 GL 2018 6 3/31/2018 333 188 340900 9 GL 2018 6 3/31/2018 333 189 340900 9 GL 2018 6 3/31/2018 333 190 340900 9 GL 2018 6 3/31/2018 333 191 340900 9 GL 2018 6 3/31/2018 333 192 340900 9 GL 2018 6 3/31/2018 333 193 340900 9 GL 2018 6 3/31/2018 333 194 340900 9 GL 2018 6 3/31/2018 333 195 340900 9 GL 2018 6 3/31/2018 333 196 340900 9 GL 2018 6 3/31/2018 333 197 340900 9 GL 2018 6 3/31/2018 333 198 340900 9 GL 2018 6 3/31/2018 333 199 340900 9 GL 2018 6 3/31/2018 333 200 340900 9 BL 2018 6 3/6/2018 27 2 340000 9 GL 2018 6 3/31/2018 333 201 340900 9 GL 2018 6 3/31/2018 333 202 340900 9 GL 2018 6 3/31/2018 333 203 340900 9 GL 2018 6 3/31/2018 333 204 340900 9 GL 2018 6 3/31/2018 333 205 340900 9 GL 2018 6 3/31/2018 333 206 340900 9 GL 2018 6 3/31/2018 333 207 340900 9 GL 2018 6 3/31/2018 333 208 340900 9 GL 2018 6 3/31/2018 333 209 340900 9 GL 2018 6 3/31/2018 333 210 340900 9 GL 2018 6 3/31/2018 333 211 340900 9 GL 2018 6 3/31/2018 333 212 340900 9 GL 2018 6 3/31/2018 333 213 340900 9 GL 2018 6 3/31/2018 333 218 340900 9 GL 2018 6 3/31/2018 333 219 340900 9 GL 2018 6 3/31/2018 333 220 340900 9 GL 2018 6 3/31/2018 333 221 340900 9 GL 2018 6 3/31/2018 333 222 340900 9 GL 2018 6 3/31/2018 333 223 340900 9 GL 2018 6 3/31/2018 333 224 340900 9 GL 2018 6 3/31/2018 333 225 340900 9 GL 2018 6 3/31/2018 333 226 340900 9 GL 2018 6 3/31/2018 333 227 340900 9 GL 2018 6 3/31/2018 333 232 340900 9 GL 2018 6 3/31/2018 333 233 340900 9 GL 2018 6 3/31/2018 333 234 340900 9 GL 2018 6 3/31/2018 333 235 340900 9 GL 2018 6 3/31/2018 333 236 340900 9 GL 2018 6 3/31/2018 333 237 340900 9 GL 2018 6 3/31/2018 333 238 340900 9 GL 2018 6 3/31/2018 333 244 340900 9 GL 2018 6 3/31/2018 333 245 340900 9 GL 2018 6 4/6/2018 271 4 352000 9 GL 2018 6 3/31/2018 333 246 340900 9 GL 2018 6 3/2/2018 318 12 340900 9 GL 2018 6 3/31/2018 333 247 340900 9 GL 2018 6 4/6/2018 271 11 352000 9 GL 2018 6 3/31/2018 333 248 340900 9 GL 2018 6 3/31/2018 333 249 340900 9 GL 2018 6 3/31/2018 333 250 340900 9 GL 2018 6 4/6/2018 271 2 352000 9 GL 2018 6 3/31/2018 333 251 340900 9 GL 2018 6 3/31/2018 333 252 340900 9 GL 2018 6 3/31/2018 333 253 340900 9 GL 2018 6 3/31/2018 333 254 340900 9 GL 2018 6 3/31/2018 333 255 340900 9 GL 2018 6 3/31/2018 333 256 340900 9 GL 2018 6 3/31/2018 332 118 340900 9 CB 2018 6 3/2/2018 5 68 342300 9 CB 2018 6 3/5/2018 13 60 342300 9 CB 2018 6 3/6/2018 50 9 342300 9 C8 2018 6 3/9/2018 53 22 342300 9 CB 2018 6 3/12/2018 55 58 342300 9 CB 2018 6 3/14/2018 107 6 342300 9 CB 2018 6 3/26/2018 173 17 342300 9 CB 2018 6 3/27/2018 174 25 342300 9 CB 2018 6 3/29/2018 194 9 342300 9 CB 2018 6 3/8/2018 205 2 342300 9 CB 2018 6 3/13/2018 206 2 342300 9 CB 2018 6 3/27/2018 207 2 342300 9 CB 2018 6 3/28/2018 208 2 342300 9 CB 2018 6 3/29/2018 209 2 342300 9 CB 2018 6 3/20/2018 111 69 342020 9 GL 2018 6 3/31/2018 333 259 340900 9 GL 2018 7 4/30/2018 324 167 340900 9 GL 2018 7 4/30/2018 324 168 340900 9 GL 2018 7 4/30/2018 324 169 340900 9 GL 2018 7 4/30/2018 324 170 340900 9 GL 2018 7 4/30/2018 324 171 340900 9 GL 2018 7 4/30/2018 324 172 340900 9 GL 2018 7 4/30/2018 324 173 340900 9 GL 2018 7 4/30/2018 324 174 340900 9 GL 2018 7 4/30/2018 324 175 340900 9 GL 2018 7 4/30/2018 324 176 340900 9 GL 2018 7 4/30/2018 324 177 340900 9 GL 2018 7 4/30/2018 324 178 340900 9 GL 2018 7 4/30/2018 324 179 340900 9 GL 2018 7 4/30/2018 324 180 340900 9 GL 2018 7 4/30/2018 324 181 340900 9 GL 2018 7 4/30/2018 324 182 340900 9 GL 2018 7 4/30/2018 324 183 340900 9 GL 2018 7 4/30/2018 324 184 340900 9 BL 2018 7 4/5/2018 28 2 340000 9 BL 2018 7 4/11/2018 56 2 340000 9 BL 2018 7 4/11/2018 57 2 340000 9 GL 2018 7 4/30/2018 324 185 340900 9 GL 2018 7 4/30/2018 324 186 340900 9 GL 2018 7 4/30/2018 324 187 340900 9 GL 2018 7 4/30/2018 324 188 340900 9 GL 2018 7 4/30/2018 324 189 340900 9 GL 2018 7 4/30/2018 324 190 340900 9 GL 2018 7 4/30/2018 324 191 340900 9 GL 2018 7 4/30/2018 324 192 340900 9 GL 2018 7 4/30/2018 324 193 340900 9 GL 2018 7 4/30/2018 324 194 340900 9 GL 2018 7 4/30/2018 324 195 340900 9 GL 2018 7 4/30/2018 324 196 340900 9 GL 2018 7 4/30/2018 324 197 340900 9 GL 2018 7 4/30/2018 324 198 340900 9 GL 2018 7 4/30/2018 324 199 340900 9 GL 2018 7 4/30/2018 324 200 340900 9 GL 2018 7 4/30/2018 324 201 340900 9 GL 2018 7 4/27/2018 249 10 340700 9 GL 2018 7 4/27/2018 249 12 341070 9 GL 2018 7 4/30/2018 324 202 340900 9 GL 2018 7 4/24/2018 206 4 303070 9 GL 2018 7 4/24/2018 206 3 304493 9 GL 2018 7 4/30/2018 324 203 340900 9 GL 2018 7 4/30/2018 324 204 340900 9 GL 2018 7 4/30/2018 324 205 340900 9 GL 2018 7 4/30/2018 324 206 340900 9 GL 2018 7 4/30/2018 324 207 340900 9 GL 2018 7 4/30/2018 324 208 340900 9 GL 2018 7 4/30/2018 324 209 340900 9 GL 2018 7 4/30/2018 324 210 340900 9 GL 2018 7 4/30/2018 324 211 340900 9 GL 2018 7 4/30/2018 324 212 340900 9 GL 2018 7 4/30/2018 324 213 340900 9 GL 2018 7 4/30/2018 324 214 340900 9 GL 2018 7 4/30/2018 324 219 340900 9 GL 2018 7 4/30/2018 324 220 340900 9 GL 2018 7 4/30/2018 324 221 340900 9 GL 2018 7 4/30/2018 324 222 340900 9 GL 2018 7 4/30/2018 324 223 340900 9 GL 2018 7 4/30/2018 324 224 340900 9 GL 2018 7 4/30/2018 324 225 340900 9 GL 2018 7 4/30/2018 324 226 340900 9 GL 2018 7 4/30/2018 324 227 340900 9 GL 2018 7 4/30/2018 324 228 340900 9 GL 2018 7 4/30/2018 324 233 340900 9 GL 2018 7 4/30/2018 324 234 340900 9 GL 2018 7 4/30/2018 324 235 340900 9 GL 2018 7 4/30/2018 324 236 340900 9 GL 2018 7 4/30/2018 324 237 340900 9 GL 2018 7 4/30/2018 324 238 340900 9 GL 2018 7 4/30/2018 324 239 340900 9 GL 2018 7 4/30/2018 324 245 340900 9 GL 2018 7 4/30/2018 324 246 340900 9 GL 2018 7 4/30/2018 324 247 340900 9 GL 2018 7 4/3/2018 326 8 340900 9 GL 2018 7 4/30/2018 324 248 340900 9 GL 2018 7 4/30/2018 324 249 340900 9 GL 2018 7 4/30/2018 324 250 340900 9 GL 2018 7 4/30/2018 324 251 340900 9 GL 2018 7 4/30/2018 324 252 340900 9 GL 2018 7 4/30/2018 324 253 340900 9 GL 2018 7 4/30/2018 324 254 340900 9 GL 2018 7 4/30/2018 324 255 340900 9 GL 2018 7 4/30/2018 324 256 340900 9 GL 2018 7 4/30/2018 324 257 340900 9 GL 2018 7 4/30/2018 337 110 340900 9 CB 2018 7 4/2/2018 4 69 342300 9 CB 2018 7 4/3/2018 6 81 342300 9 CB 2018 7 4/4/2018 32 5 342300 9 CB 2018 7 4/5/2018 33 8 342300 9 CB 2018 7 4/6/2018 34 14 342300 9 CB 2018 7 4/9/2018 37 28 342300 9 CB 2018 7 4/16/2018 75 16 342300 9 CB 2018 7 4/24/2018 143 11 342300 9 CB 2018 7 4/30/2018 149 43 342300 9 CB 2018 7 4/16/2018 211 2 342300 9 CB 2018 7 4/27/2018 212 2 342300 9 CB 2018 7 4/30/2018 213 2 342300 9 CB 2018 7 4/23/2018 108 66 342020 9 GL 2018 7 4/30/2018 324 260 340900 9 GL 2018 8 5/31/2018 393 167 340900 9 GL 2018 8 5/31/2018 393 168 340900 9 GL 2018 8 5/29/2018 246 2 305740 9 GL 2018 8 5/29/2018 246 3 305740 9 GL 2018 8 5/31/2018 393 169 340900 9 GL 2018 8 5/31/2018 393 170 340900 9 GL 2018 8 5/31/2018 393 171 340900 9 GL 2018 8 5/31/2018 393 172 340900 9 GL 2018 8 5/31/2018 393 173 340900 9 GL 2018 8 5/31/2018 393 174 340900 9 GL 2018 8 5/31/2018 393 175 340900 9 GL 2018 8 5/31/2018 393 176 340900 9 GL 2018 8 5/31/2018 393 177 340900 9 GL 2018 8 5/31/2018 393 178 340900 9 GL 2018 8 5/31/2018 393 179 340900 9 GL 2018 8 5/31/2018 393 180 340900 9 GL 2018 8 5/31/2018 393 181 340900 9 GL 2018 8 5/31/2018 393 182 340900 9 GL 2018 8 5/31/2018 393 183 340900 9 GL 2018 8 5/31/2018 393 184 340900 9 GL 2018 8 5/31/2018 393 185 340900 9 GL 2018 8 5/31/2018 393 186 340900 9 GL 2018 8 5/31/2018 393 187 340900 9 GL 2018 8 5/31/2018 393 188 340900 9 GL 2018 8 5/31/2018 393 189 340900 9 GL 2018 8 5/31/2018 393 190 340900 9 GL 2018 8 5/31/2018 393 191 340900 9 GL 2018 8 5/31/2018 393 192 340900 9 GL 2018 8 5/31/2018 393 193 340900 9 GL 2018 8 5/31/2018 393 194 340900 9 GL 2018 8 5/31/2018 393 195 340900 9 GL 2018 8 5/31/2018 393 196 340900 9 GL 2018 8 5/31/2018 393 197 340900 9 GL 2018 8 5/31/2018 393 198 340900 9 GL 2018 8 5/31/2018 393 199 340900 9 GL 2018 8 5/31/2018 393 200 340900 9 GL 2018 8 5/31/2018 393 201 340900 9 GL 2018 8 5/22/2018 179 10 340700 9 CB 2018 8 5/8/2018 98 2 344220 9 GL 2018 8 5/22/2018 179 12 341070 9 GL 2018 8 5/31/2018 393 202 340900 9 GL 2018 8 5/31/2018 393 203 340900 9 GL 2018 8 5/31/2018 393 204 340900 9 GL 2018 8 5/31/2018 393 205 340900 9 GL 2018 8 5/31/2018 393 206 340900 9 GL 2018 8 5/31/2018 393 207 340900 9 GL 2018 8 5/31/2018 393 208 340900 9 GL 2018 8 5/31/2018 393 209 340900 9 GL 2018 8 5/31/2018 393 210 340900 9 GL 2018 8 5/31/2018 393 211 340900 9 GL 2018 8 5/31/2018 393 212 340900 9 GL 2018 8 5/31/2018 393 213 340900 9 GL 2018 8 5/31/2018 393 214 340900 9 GL 2018 8 5/31/2018 393 219 340900 9 GL 2018 8 5/31/2018 393 220 340900 9 GL 2018 8 5/31/2018 393 221 340900 9 GL 2018 8 5/31/2018 393 222 340900 9 GL 2018 8 5/31/2018 393 223 340900 9 GL 2018 8 5/31/2018 393 224 340900 9 GL 2018 8 5/31/2018 393 225 340900 9 GL 2018 8 5/31/2018 393 226 340900 9 GL 2018 8 5/31/2018 393 227 340900 9 Cl 2018 8 5/31/2018 393 228 340900 9 GL 2018 8 5/31/2018 393 233 340900 9 GL 2018 8 5/31/2018 393 234 340900 9 GL 2018 8 5/31/2018 393 235 340900 9 GL 2018 8 5/31/2018 393 236 340900 9 GL 2018 8 5/31/2018 393 237 340900 9 GL 2018 8 5/31/2018 393 238 340900 9 GL 2018 8 5/31/2018 393 239 340900 9 GL 2018 8 5/31/2018 393 245 340900 9 GL 2018 8 5/31/2018 393 246 340900 9 GL 2018 8 5/31/2018 393 247 340900 9 GL 2018 8 5/31/2018 387 114 340900 9 GL 2018 8 5/31/2018 393 248 340900 9 GL 2018 8 5/31/2018 393 249 340900 9 GL 2018 8 5/31/2018 393 250 340900 9 GL 2018 8 5/31/2018 393 251 340900 9 GL 2018 8 5/31/2018 393 252 340900 9 GL 2018 8 5/31/2018 393 253 340900 9 GL 2018 8 5/31/2018 393 254 340900 9 GL 2018 8 5/31/2018 393 255 340900 9 GL 2018 8 5/31/2018 393 256 340900 9 GL 2018 8 5/31/2018 393 257 340900 9 GL 2018 8 5/31/2018 387 118 340900 9 CB 2018 8 5/1/2018 21 8 342300 9 CB 2018 8 5/3/2018 38 4 342300 9 CB 2018 8 5/7/2018 42 16 342300 9 CB 2018 8 5/8/2018 43 25 342300 9 CB 2018 8 5/21/2018 116 60 342300 9 CB 2018 8 5/29/2018 164 78 342300 9 CB 2018 8 5/31/2018 180 19 342300 9 CB 2018 8 5/4/2018 218 2 342300 9 CB 2018 8 5/16/2018 219 2 342300 9 CB 2018 8 5/24/2018 220 2 342300 9 CB 2018 8 5/31/2018 222 2 342300 9 CB 2018 8 5/18/2018 113 18 342020 9 GL 2018 8 5/31/2018 393 260 .340900 9 GL 2018 9 6/30/2018 324 166 340900 9 GL 2018 9 6/30/2018 324 167 340900 9 GL 2018 9 6/30/2018 324 168 340900 9 GL 2018 9 6/30/2018 324 169 340900 9 GL 2018 9 6/30/2018 324 170 340900 9 GL 2018 9 6/30/2018 324 171 340900 9 GL 2018 9 6/30/2018 324 172 340900 9 GL 2018 9 6/30/2018 324 173 340900 9 GL 2018 9 6/30/2018 324 174 340900 9 GL 2018 9 6/30/2018 324 175 340900 9 GL 2018 9 6/14/2018 316 7 345100 9 GL 2018 9 6/30/2018 324 176 340900 9 GL 2018 9 6/30/2018 324 177 340900 9 GL 2018 9 6/30/2018 324 178 340900 9 GL 2018 9 6/19/2018 146 4 340900 9 GL 2018 9 6/19/2018 146 5 340995 9 GL 2018 9 6/19/2018 146 7 340900 9 GL 2018 9 6/30/2018 324 179 340900 9 GL 2018 9 6/19/2018 146 8 340995 9 GL 2018 9 6/18/2018 113 2 352000 9 GL 2018 9 6/30/2018 324 180 340900 9 GL 2018 9 6/30/2018 324 181 340900 9 GL 2018 9 6/30/2018 324 182 340900 9 GL 2018 9 6/30/2018 324 183 340900 9 GL 2018 9 6/30/2018 324 184 340900 9 GL 2018 9 6/30/2018 324 185 340900 9 GL 2018 9 6/30/2018 324 186 340900 9 GL 2018 9 6/30/2018 324 187 340900 9 GL 2018 9 6/30/2018 324 188 340900 9 GL 2018 9 6/30/2018 324 189 340900 9 GL 2018 9 6/30/2018 324 190 340900 9 GL 2018 9 6/30/2018 324 191 340900 9 GL 2018 9 6/30/2018 324 192 340900 9 GL 2018 9 6/14/2018 316 11 345100 9 GL 2018 9 6/30/2018 324 193 340900 9 GL 2018 9 6/26/2018 202 1 304493 9 GL 2018 9 6/30/2018 324 194 340900 9 GL 2018 9 6/30/2018 324 195 340900 9 GL 2018 9 6/30/2018 324 196 340900 9 GL 2018 9 6/30/2018 324 197 340900 9 GL 2018 9 6/30/2018 324 198 340900 9 GL 2018 9 6/19/2018 142 13 340700 9 GL 2018 9 7/2/2018 252 10 340700 9 BL 2018 9 6/27/2018 110 2 340000 9 GL 2018 9 6/19/2018 142 12 340000 9 GL 2018 9 6/27/2018 224 6 340000 9 GL 2018 9 7/2/2018 252 12 341070 9 GL 2018 9 6/30/2018 324 199 340900 9 GL 2018 9 6/19/2018 142 10 303070 9 GL 2018 9 6/19/2018 142 11 304493 9 GL 2018 9 6/30/2018 324 200 340900 9 GL 2018 9 6/30/2018 324 201 340900 9 GL 2018 9 6/30/2018 324 202 340900 9 GL 2018 9 6/30/2018 324 203 340900 9 GL 2018 9 6/30/2018 324 204 340900 9 GL 2018 9 6/30/2018 324 205 340900 9 GL 2018 9 6/30/2018 324 206 340900 9 GL 2018 9 6/30/2018 324 207 340900 9 GL 2018 9 6/30/2018 324 208 340900 9 GL 2018 9 6/30/2018 324 209 340900 9 GL 2018 9 6/14/2018 316 15 345100 9 GL 2018 9 6/14/2018 316 19 345000 9 GL 2018 9 6/14/2018 316 23 345100 9 GL 2018 9 6/30/2018 324 210 340900 9 GL 2018 9 6/30/2018 324 211 340900 9 GL 2018 9 6/14/2018 316 27 345000 9 GL 2018 9 6/30/2018 324 215 340900 9 GL 2018 9 6/26/2018 202 3 304493 9 GL 2018 9 6/30/2018 324 216 340900 9 GL 2018 9 6/30/2018 324 217 340900 9 GL 2018 9 6/30/2018 324 218 340900 9 GL 2018 9 6/30/2018 324 219 340900 9 GL 2018 9 6/30/2018 324 220 340900 9 GL 2018 9 6/30/2018 324 221 340900 9 GL 2018 9 6/30/2018 324 222 340900 9 GL 2018 9 6/30/2018 324 223 340900 9 GL 2018 9 6/30/2018 324 224 340900 9 GL 2018 9 6/30/2018 324 229 340900 9 GL 2018 9 6/30/2018 324 230 340900 9 GL 2018 9 6/30/2018 324 231 340900 9 GL 2018 9 6/30/2018 324 232 340900 9 GL 2018 9 6/30/2018 324 233 340900 9 GL 2018 9 6/30/2018 324 234 340900 9 GL 2018 9 6/30/2018 324 235 340900 9 GL 2018 9 6/30/2018 324 236 340900 9 GL 2018 9 6/30/2018 324 242 340900 9 GL 2018 9 6/30/2018 324 243 340900 9 GL 2018 9 6/30/2018 324 244 340900 9 GL 2018 9 6/30/2018 343 120 340900 9 GL 2018 9 6/30/2018 324 245 340900 9 GL 2018 9 6/30/2018 324 246 340900 9 GL 2018 9 6/30/2018 324 247 340900 9 GL 2018 9 6/30/2018 324 248 340900 9 GL 2018 9 6/30/2018 324 249 340900 9 GL 2018 9 6/30/2018 324 250 340900 9 GL 2018 9 6/30/2018 324 251 340900 9 GL 2018 9 6/30/2018 324 252 340900 9 GL 2018 9 6/30/2018 324 253 340900 9 GL 2018 9 6/30/2018 324 254 340900 9 GL 2018 9 6/30/2018 343 122 340900 9 CB 2018 9 6/1/2018 16 7 342300 9 CB 2018 9 6/4/2018 19 9 342300 9 CB 2018 9 6/5/2018 20 19 342300 9 CB 2018 9 6/7/2018 49 7 342300 9 CB 2018 9 6/20/2018 130 5 342300 9 CB 2018 9 6/22/2018 132 29 342300 9 CB 2018 9 6/26/2018 153 12 342300 9 CB 2018 9 6/13/2018 225 2 342300 9 CB 2018 9 6/18/2018 226 2 342300 9 CB 2018 9 6/26/2018 228 2 342300 9 CB 2018 9 6/21/2018 131 11 342020 9 GL 2018 9 6/30/2018 324 257 340900 ACCOUNT DESC FUND ACCT-UNIT ACTIVITY.ACEIVITY-GRP ACTIVITY Interest on investments 3018-888 Interest on investments 3019-888 Interest on investments 3024-888 Interest on investments 3025-888 Interest on investments 3026-888 Interest on investments 3126-888 Interest on investments 3160-888 Interest on investments 3162-888 Interest on investments 3163-888 Interest on investments 3164-888 Interest on investments 3182-888 Interest on investments 3191-888 Interest on investments 3226-888 Transf from other fd-SEATA 3271-888 Transf from other fd-SEATA 3271-888 Interest on investments 3272-888 Interest on investments 3274-888 Interest on investments 3278-888 Interest on investments 3280-888 Interest on investments 3291-888 Interest on investments 3292-888 Interest on investments 3293-888 Interest on investments 3294-888 Interest on investments 3342-888 Interest on investments 3365-888 Interest on investments 3366-888 Interest on investments 3367-888 Interest on investments 3430-888 Interest on investments 3494-888 Interest on investments 3495-888 Interest on investments 3496-888 Interest on investments 3497-888 Interest on investments 3498-888 Attorneys fees-paving 3530-888 Interest on assessments 3530-888 Interest on investments 3530-888 Property rentals 3530-888 Interest on investments 3541-888 Interest on investments 3542-888 Interest on investments 3543-888 Interest on investments 3545-888 Interest on investments 3546-888 Interest on investments 3548-888 Interest on investments 3549-888 Interest on investments 3550-888 Interest on investments 3551-888 Interest on investments 3552-888 Interest on investments 3600-888 Interest on investments 3701-888 Contrib.from Federal Govt 4080-888 Interest on investments 4080-888 Interest on investments 4089-888 Interest on investments 4091-888 Interest on investments 4092-888 Interest on investments 4093-888 Interest on investments 4094-888 Interest on investments 4095-888 Interest on investments 4096-888 Interest on investments 4097-888 Interest on investments 4248-888 Interest on investments 4249-888 Interest on investments 4251-888 Interest on investments 4252-888 Interest on investments 4253-888 Interest on investments 4254-888 Interest on investments 4255-888 Interest on investments 4481-888 Interest on investments 4510-888 Interest on investments 4530-888 Interest on investments 4531-888 Interest on investments 4540-888 Interest on investments 4551-888 Interest on investments 4557-888 Interest on investments 4558-888 Interest on investments 4559-888 Interest on investments 4560-888 Interest on investments 4561-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Southwest Airlines 4621-10830-888 Interest on investments 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Interest on investments 3018-888 Interest on investments 3019-888 FM Grant 3020-888 FAA Grant 3020-888 Interest on investments 3024-888 Interest on investments 3025-888 Interest on investments 3026-888 Interest on investments 3126-888 Interest on investments 3160-888 Interest on investments 3162-888 Interest on investments 3163-888 Interest on investments 3164-888 Interest on investments 3182-888 Interest on investments 3191-888 Interest on investments 3226-888 Interest on investments 3271-888 Transf from other fd -SEATA 3271-888 Interest on investments 3272-888 Interest on investments 3274-888 Interest on investments 3278-888 Interest on investments 3280-888 TXDOT(Tx Dept of Transp) 3280-888 Interest on investments 3291-888 Interest on investments 3292-888 Interest on investments 3293-888 Interest on investments 3294-888 Interest on investments 3340-888 Interest on investments 3342-888 Interest on investments 3350-888 Interest on investments 3365-888 Interest on investments 3366-888 Interest on investments 3367-888 Sale of Certificates of obliga 3368-888 Interest on investments 3430-888 Interest on investments 3494-888 Interest on investments 3495-888 Interest on investments 3496-888 Interest on investments 3497-888 Interest on investments 3498-888 CDBG Special assessments 3530-888 Interest on assessments 3530-888 Interest on assessments 3530-888 Property rentals 3530-888 Interest on investments 3541-888 Interest on investments 3542-888 Interest on investments 3543-888 Interest on investments 3545-888 Interest on investments 3546-888 Interest on investments 3548-888 Interest on investments 3549-888 Interest on investments 3550-888 Interest on investments 3551-888 Interest on investments 3552-888 Interest on investments 3600-888 Interest on investments 3701-888 Interest on investments 4080-888 Interest on investments 4089-888 Interest on investments 4091-888 Interest on investments 4092-888 Interest on investments 4093-888 Interest on investments 4094-888 Interest on investments 4095-888 Interest on investments 4096-888 Interest on investments 4097-888 Interest on investments 4248-888 Interest on investments 4249-888 Interest on investments 4251-888 Interest on investments 4252-888 Interest on investments 4253-888 Interest on investments 4254-888 Interest on investments 4255-888 Interest on investments 4480-888 Interest on investments 4481-888 Interest on investments 4510-888 Interest on investments 4530-888 Interest on investments 4531-888 Interest on investments 4540-888 Interest on investments 4551-888 Interest on investments 4557-888 Interest on investments 4558-888 Interest on investments 4559-888 Interest on investments 4560-888 Interest on investments 4561-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Southwest Airlines 4621-10830-888 Interest earned-other than inv 4621-888 Interest earned-other than inv 4621-888 Interest on investments 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Interest on investments 4631-888 Interest on investments 3018-888 Net Inc/Dec in FV of Investmen 3018-888 Interest on investments 3019-888 Net Inc/Dec in FV of Investmen 3019-888 FAA Grant 3020-888 FAA Grant 3020-888 Interest on investments 3024-888 Net Inc/Dec in FV of Investmen 3024-888 Interest on investments 3025-888 Net Inc/Dec in FV of Investmen 3025-888 Interest on investments 3026-888 Net Inc/Dec in FV of Investmen 3026-888 Interest on investments 3126-888 Net Inc/Dec in FV of Investmen 3126-888 Interest on investments 3160-888 Net Inc/Dec in FV of Investmen 3160-888 Interest on investments 3162-888 Net Inc/Dec in FV of Investmen 3162-888 Interest on investments 3163-888 Net Inc/Dec in FV of Investmen 3163-888 Interest on investments 3164-888 Net Inc/Dec in FV of Investmen 3164-888 Interest on investments 3182-888 Net Inc/Dec in FV of Investmen 3182-888 Interest on investments 3191-888 Net Inc/Dec in FV of Investmen 3191-888 Interest on investments 3226-888 Net Inc/Dec in FV of Investmen 3226-888 Interest on investments 3270-888 Net Inc/Dec in FV of Investmen 3270-888 Interest on investments 3271-888 Net Inc/Dec in FV of Investmen 3271-888 Interest on investments 3272-888 Net Inc/Dec in FV of Investmen 3272-888 Interest on investments 3274-888 Net Inc/Dec in FV of Investmen 3274-888 Interest on investments 3278-888 Net Inc/Dec in FV of Investmen 3278-888 Contributions and donations 3280-888 Contributions and donations 3280-888 Interest on investments 3280-888 Net Inc/Dec in FV of Investmen 3280-888 Interest on investments 3291-888 Net Inc/Dec in FV of Investmen 3291-888 Interest on investments 3292-888 Net Inc/Dec in FV of Investmen 3292-888 Interest on investments 3293-888 Net Inc/Dec in FV of Investmen 3293-888 Interest on investments 3294-888 Net Inc/Dec in FV of Investmen 3294-888 Interest on investments 3340-888 Net Inc/Dec in FV of Investmen 3340-888 Interest on investments 3342-888 Net Inc/Dec in FV of Investmen 3342-888 Interest on investments 3350-888 Net Inc/Dec in FV of Investmen 3350-888 Transf from other fd-LETST 3350-888 Interest on investments 3365-888 Net Inc/Dec in FV of Investmen 3365-888 Interest on investments 3366-888 Net Inc/Dec in FV of Investmen 3366-888 Interest on investments 3367-888 Net Inc/Dec in FV of Investmen 3367-888 Interest on investments 3368-888 Net Inc/Dec in FV of Investmen 3368-888 Interest on investments 3430-888 Net Inc/Dec in FV of Investmen 3430-888 Contributions and donations 3480-888 Contributions and donations 3480-888 Interest on investments 3480-888 TXDOT(Tx Dept of Transp) 3480-888 TXDOT(Tx Dept of Transp) 3480-888 Interest on investments 3494-888 Net Inc/Dec in FV of Investmen 3494-888 Interest on investments 3495-888 Net Inc/Dec in FV of Investmen 3495-888 Interest on investments 3496-888 Net Inc/Dec in FV of Investmen 3496-888 Interest on investments 3497-888 Net Inc/Dec in FV of Investmen 3497-888 Interest on investments 3498-888 Net Inc/Dec in FV of Investmen 3498-888 CDBG Special assessments 3530-888 CDBG Special assessments 3530-888 CDBG Special assessments 3530-888 CDBG Special assessments 3530-888 CDBG Special assessments 3530-888 CDBG Special assessments 3530-888 Contributions and donations 3530-888 Contributions and donations 3530-888 Contributions and donations 3530-888 Contributions and donations 3530-888 Contributions and donations 3530-888 Contributions and donations 3530-888 Inactive special assessments 3530-888 Interest on assessments 3530-888 Interest on assessments 3530-888 Interest on assessments 3530-888 Interest on assessments 3530-888 Interest on assessments 3530-888 Interest on investments 3530-888 Net Inc/Dec in FV of Investmen 3530-888 Property rentals 3530-888 Property rentals 3530-888 RTA-street services contributi 3530-888 RTA-street services contributi 3530-888 RTA-street services contributi 3530-888 TXDOT(Tx Dept of Transp) 3530-888 TXDOT(Tx Dept of Transp) 3530-888 Interest on investments 3541-888 Net Inc/Dec in FV of Investmen 3541-888 Interest on investments 3542-888 Net Inc/Dec in FV of Investmen 3542-888 Interest on investments 3543-888 Net Inc/Dec in FV of Investmen 3543-888 Sale of G.O. bonds 3543-888 Sale of G.O. bonds 3543-888 Sale of G.O. bonds 3543-888 Transf from other fd-STWFD 3543-888 Transf from other fd-WTRFD 3543-888 Transf from other fd-WWWFD 3543-888 Contributions and donations 3544-888 Interest on investments 3545-888 Net Inc/Dec in FV of Investmen 3545-888 Interest on investments 3546-888 Net Inc/Dec in FV of Investmen 3546-888 Interest on investments 3548-888 Net Inc/Dec in FV of Investmen 3548-888 Contributions and donations 3549-888 Interest on investments 3549-888 Net Inc/Dec in FV of Investmen 3549-888 Interest on investments 3550-888 Net Inc/Dec in IV of Investmen 3550-888 Interest on investments 3551-888 Net Inc/Dec in FV of Investmen 3551-888 Interest on investments 3552-888 Net Inc/Dec in FV of Investmen 3552-888 Interest on investments 3600-888 Net Inc/Dec in FV of Investmen 3600-888 Interest on investments 3701-888 Net Inc/Dec in FV of Investmen 3701-888 Interest on investments 4080-888 Net Inc/Dec in FV of Investmen 4080-888 Interest on investments 4089-888 Net Inc/Dec in FV of Investmen 4089-888 Interest on investments 4091-888 Net Inc/Dec in FV of Investmen 4091-888 Interest on investments 4092-888 Net Inc/Dec in FV of Investmen 4092-888 Interest on investments 4093-888 Net Inc/Dec in FV of Investmen 4093-888 Interest on investments 4094-888 Net Inc/Dec in FV of Investmen 4094-888 Interest on investments 4095-888 Net Inc/Dec in FV of Investmen 4095-888 Interest on investments 4096-888 Net Inc/Dec in FV of Investmen 4096-888 Interest on investments 4097-888 Net Inc/Dec in FV of Investmen 4097-888 Interest on investments 4248-888 Net Inc/Dec in FV of Investmen 4248-888 Interest on investments 4249-888 Net Inc/Dec in IV of Investmen 4249-888 Interest on investments 4251-888 Net Inc/Dec in FV of Investmen 4251-888 Interest on investments 4252-888 Net Inc/Dec in FV of Investmen 4252-888 Interest on investments 4253-888 Net Inc/Dec in FV of Investmen 4253-888 Interest on investments 4254-888 Net Inc/Dec in FV of Investmen 4254-888 Interest on investments 4255-888 Net Inc/Dec in FV of Investmen 4255-888 Interest on investments 4480-888 Net Inc/Dec in FV of Investmen 4480-888 Interest on investments 4481-888 Net Inc/Dec in FV of Investmen 4481-888 Interest on investments 4510-888 Net Inc/Dec in FV of Investmen 4510-888 Interest on investments 4530-888 Net Inc/Dec in FV of Investmen 4530-888 Interest on investments 4531-888 Net Inc/Dec in FV of Investmen 4531-888 Interest on investments 4540-888 Net Inc/Dec in FV of Investmen 4540-888 Interest on investments 4551-888 Net Inc/Dec in FV of Investmen 4551-888 Interest on investments 4557-888 Net Inc/Dec in FV of Investmen 4557-888 Interest on investments 4558-888 Net Inc/Dec in FV of Investoren 4558-888 Interest on investments 4559-888 Net Inc/Dec in FV of lnvestmen 4559-888 Interest on investments 4560-888 Net Inc/Dec in FV of lnvestmen 4560-888 Interest on investments 4561-888 Net Inc/Dec in FV of Investmen 4561-888 Interest earned-other than inv 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Southwest Airlines 4621-10830-888 Southwest Airlines 4621-10830-888 Interest earned-other than inv 4621-888 Interest earned-other than inv 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Southwest Airlines 4621-888 Southwest Airlines 4621-888 Southwest Airlines 4621-888 Interest on investments 4631-888 Net Inc/Dec in FV of lnvestmen 4631-888 Interest on investments 3018-888 Net Inc/Dec in FV of lnvestmen 3018-888 Interest on investments 3019-888 Net Inc/Dec in FV of lnvestmen 3019-888 Interest on investments 3024-888 Net Inc/Dec in FV of Investmen 3024-888 Interest on investments 3025-888 Net Inc/Dec in FV of Investmen 3025-888 Interest on investments 3026-888 Net Inc/Dec in FV of Investmen 3026-888 Interest on investments 3126-888 Net Inc/Dec in FV of Investmen 3126-888 Interest on investments 3160-888 Net Inc/Dec in FV of Investmen 3160-888 Interest on investments 3162-888 Net Inc/Dec in FV of Investmen 3162-888 Interest on investments 3163-888 Net Inc/Dec in FV of Investmen 3163-888 Interest on investments 3164-888 Net Inc/Dec in FV of Investmen 3164-888 Interest on investments 3182-888 Net Inc/Dec in FV of Investmen 3182-888 Interest on investments 3191-888 Net Inc/Dec in FV of Investmen 3191-888 Interest on investments 3226-888 Net Inc/Dec in FV of Investmen 3226-888 Interest on investments 3270-888 Net Inc/Dec in FV of Investmen 3270-888 Interest on investments 3271-888 Net Inc/Dec in FV of Investmen 3271-888 Interest on investments 3272-888 Net Inc/Dec in FV of Investmen 3272-888 Interest on investments 3274-888 Net Inc/Dec in FV of Investmen 3274-888 Interest on investments 3278-888 Net Inc/Dec in FV of Investmen 3278-888 Interest on investments 3280-888 Net Inc/Dec in FV of Investmen 3280-888 Interest on investments 3291-888 Net Inc/Dec in FV of Investmen 3291-888 Interest on investments 3292-888 Net Inc/Dec in FV of Investmen 3292-888 Interest on investments 3293-888 Net Inc/Dec in FV of Investmen 3293-888 Interest on investments 3294-888 Net Inc/Dec in FV of Investmen 3294-888 Interest on investments 3340-888 Net Inc/Dec in FV of Investmen 3340-888 Interest on investments 3342-888 Net Inc/Dec in FV of Investmen 3342-888 Net Inc/Dec in FV of Investmen 3350-888 Interest on investments 3365-888 Net Inc/Dec in FV of Investmen 3365-888 Interest on investments 3366-888 Net Inc/Dec in FV of Investmen 3366-888 Interest on investments 3367-888 Net Inc/Dec in FV of Investmen 3367-888 Interest on investments 3368-888 Net Inc/Dec in FV of Investmen 3368-888 Interest on investments 3430-888 Net Inc/Dec in FV of Investmen 3430-888 Interest on investments 3494-888 Net Inc/Dec in FV of Investmen 3494-888 Interest on investments 3495-888 Net Inc/Dec in FV of Investmen 3495-888 Interest on investments 3496-888 Net Inc/Dec in FV of Investmen 3496-888 Interest on investments 3497-888 Net Inc/Dec in FV of Investmen 3497-888 Interest on investments 3498-888 Net Inc/Dec in FV of Investmen 3498-888 Attorneys fees- paving 3530-888 CDBG Special assessments 3530-888 CDBG Special assessments 3530-888 CDBG Special assessments 3530-888 CDBG Special assessments 3530-888 Contributions and donations 3530-888 Contributions and donations 3530-888 Contributions and donations 3530-888 Interest on assessments 3530-888 Interest on assessments 3530-888 Interest on assessments 3530-888 Interest on assessments 3530-888 Interest on assessments 3530-888 Interest on investments 3530-888 Net Inc/Dec in FV of Investmen 3530-888 Property rentals 3530-888 Interest on investments 3541-888 Net Inc/Dec in FV of Investmen 3541-888 Interest on investments 3542-888 Net Inc/Dec in FV of Investmen 3542-888 Interest on investments 3543-888 Net Inc/Dec in FV of Investmen 3543-888 Interest on investments 3545-888 Net Inc/Dec in FV of Investmen 3545-888 Interest on investments 3546-888 Net Inc/Dec in FV of Investmen 3546-888 Interest on investments 3548-888 Net Inc/Dec in FV of Investmen 3548-888 Interest on investments 3549-888 Net Inc/Dec in FV of Investmen 3549-888 Interest on investments 3550-888 Net Inc/Dec in FV of Investmen 3550-888 Interest on investments 3551-888 Net Inc/Dec in FV of Investmen 3551-888 Interest on investments 3552-888 Net Inc/Dec in FV of Investmen 3552-888 Interest on investments 3600-888 Net Inc/Dec in FV of Investmen 3600-888 Interest on investments 3701-888 Net Inc/Dec in FV of Investmen 3701-888 Interest on investments 4080-888 Net Inc/Dec in FV of Investmen 4080-888 Interest on investments 4088-888 Interest on investments 4089-888 Net Inc/Dec in FV of Investmen 4089-888 Interest on investments 4091-888 Net Inc/Dec in FV of Investmen 4091-888 Interest on investments 4092-888 Net Inc/Dec in FV of Investmen 4092-888 Interest on investments 4093-888 Net Inc/Dec in FV of Investmen 4093-888 Interest on investments 4094-888 Net Inc/Dec in FV of Investmen 4094-888 Interest on investments 4095-888 Net Inc/Dec in FV of Investmen 4095-888 Interest on investments 4096-888 Net Inc/Dec in FV of Investmen 4096-888 Interest on investments 4097-888 Net Inc/Dec in FV of Investmen 4097-888 Interest on investments 4248-888 Net Inc/Dec in FV of Investmen 4248-888 Interest on investments 4249-888 Net Inc/Dec in FV of Investmen 4249-888 Interest on investments 4251-888 Net Inc/Dec in FV of Investmen 4251-888 Interest on investments 4252-888 Net Inc/Dec in FV of Investmen 4252-888 Interest on investments 4253-888 Net Inc/Dec in FV of Investmen 4253-888 Interest on investments 4254-888 Net Inc/Dec in FV of Investmen 4254-888 Interest on investments 4255-888 Net Inc/Dec in FV of Investmen 4255-888 Interest on investments 4479-888 Interest on investments 4480-888 Net Inc/Dec in FV of Investmen 4480-888 Interest on investments 4481-888 Net Inc/Dec in FV of Investmen 4481-888 Interest on investments 4510-888 Net Inc/Dec in FV of Investmen 4510-888 Interest on investments 4530-888 Net Inc/Dec in FV of Investmen 4530-888 Interest on investments 4531-888 Net Inc/Dec in FV of Investmen 4531-888 Interest on investments 4540-888 Net Inc/Dec in FV of Investmen 4540-888 Interest on investments 4551-888 Net Inc/Dec in FV of Investmen 4551-888 Interest on investments 4557-888 Net Inc/Dec in FV of Investmen 4557-888 Interest on investments 4558-888 Net Inc/Dec in FV of Investmen 4558-888 Interest on investments 4559-888 Net Inc/Dec in FV of Investmen 4559-888 Interest on investments 4560-888 Net Inc/Dec in FV of Investmen 4560-888 Interest on investments 4561-888 Net Inc/Dec in FV of Investmen 4561-888 Interest on investments 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Southwest Airlines 4621-888 Interest on investments 4631-888 Net Inc/Dec in FV of Investmen 4631-888 Interest on investments 3018-888 Transf from other fd -AIROR 3018-888 Interest on investments 3019-888 Interest on investments 3024-888 Interest on investments 3025-888 Interest on investments 3026-888 Interest on investments 3126-888 Interest on investments 3160-888 Interest on investments 3162-888 Interest on investments 3163-888 Interest on investments 3164-888 Interest on investments 3182-888 Interest on investments 3191-888 Interest on investments 3226-888 Interest on investments 3270-888 Interest on investments 3271-888 Interest on investments 3272-888 Interest on investments 3274-888 Interest on investments 3278-888 Interest on investments 3280-888 Interest on investments 3291-888 Interest on investments 3292-888 Interest on investments 3293-888 Interest on investments 3294-888 Interest on investments 3340-888 Interest on investments 3342-888 Interest on investments 3365-888 Interest on investments 3366-888 Interest on investments 3367-888 Interest on investments 3368-888 Interest on investments 3430-888 TXDOT(Tx Dept of Transp) 3480-888 Interest on investments 3494-888 Interest on investments 3495-888 Interest on investments 3496-888 Interest on investments 3497-888 Interest on investments 3498-888 Interest on investments 3530-888 TXDOT(Tx Dept of Transp) 3530-888 Interest on investments 3541-888 Interest on investments 3542-888 Interest on investments 3543-888 Interest on investments 3545-888 Interest on investments 3546-888 Interest on investments 3548-888 Interest on investments 3549-888 Interest on investments 3550-888 Interest on investments 3551-888 Interest on investments 3552-888 Interest on investments 3600-888 Interest on investments 3701-888 Interest on investments 4080-888 Interest on investments 4088-888 Interest on investments 4089-888 Interest on investments 4091-888 Interest on investments 4092-888 Interest on investments 4093-888 Interest on investments 4094-888 Interest on investments 4095-888 Interest on investments 4096-888 Interest on investments 4097-888 Interest on investments 4248-888 Interest on investments 4249-888 Interest on investments 4251-888 Interest on investments 4252-888 Interest on investments 4253-888 Interest on investments 4254-888 Interest on investments 4255-888 Interest on investments 4479-888 Interest on investments 4480-888 Interest on investments 4481-888 Interest on investments 4510-888 Interest on investments 4530-888 Interest on investments 4531-888 Interest on investments 4540-888 Interest on investments 4551-888 Interest on investments 4557-888 Interest on investments 4558-888 Interest on investments 4559-888 Interest on investments 4560-888 Interest on investments 4561-888 Interest on investments 4621-10830-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Southwest Airlines 4621-888 Interest on investments 4631-888 Interest on investments 3018-888 Interest on investments 3019-888 FAA Grant 3020-888 FAA Grant 3020-888 Interest on investments 3024-888 Interest on investments 3025-888 Interest on investments 3026-888 Interest on investments 3126-888 Interest on investments 3160-888 Interest on investments 3162-888 Interest on investments 3163-888 Interest on investments 3164-888 Interest on investments 3182-888 Interest on investments 3191-888 Interest on investments 3226-888 Interest on investments 3270-888 Interest on investments 3271-888 Interest on investments 3272-888 Interest on investments 3274-888 Interest on investments 3278-888 Interest on investments 3280-888 Interest on investments 3291-888 Interest on investments 3292-888 Interest on investments 3293-888 Interest on investments 3294-888 Interest on investments 3340-888 Interest on investments 3342-888 Interest on investments 3365-888 Interest on investments 3366-888 Interest on investments 3367-888 Interest on investments 3368-888 Interest on investments 3430-888 Interest on investments 3494-888 Interest on investments 3495-888 Interest on investments 3496-888 Interest on investments 3497-888 Interest on investments 3498-888 Contributions and donations 3530-888 Interest on investments 3530-888 Interest on investments 3541-888 Interest on investments 3542-888 Interest on investments 3543-888 Interest on investments 3545-888 Interest on investments 3546-888 Interest on investments 3548-888 Interest on investments 3549-888 Interest on investments 3550-888 Interest on investments 3551-888 Interest on investments 3552-888 Interest on investments 3600-888 Interest on investments 3701-888 Interest on investments 4080-888 Interest on investments 4088-888 Interest on investments 4089-888 Interest on investments 4091-888 Interest on investments 4092-888 Interest on investments 4093-888 Interest on investments 4094-888 Interest on investments 4095-888 Interest on investments 4096-888 Interest on investments 4097-888 Interest on investments 4248-888 Interest on investments 4249-888 Interest on investments 4251-888 Interest on investments 4252-888 Interest on investments 4253-888 Interest on investments 4254-888 Interest on investments 4255-888 Interest on investments 4479-888 Interest on investments 4480-888 Interest on investments 4481-888 Interest on investments 4482-888 Proceeds of sale of revenue bo 4482-888 Interest on investments 4510-888 Interest on investments 4530-888 Interest on investments 4531-888 Interest on investments 4540-888 Interest on investments 4551-888 Interest on investments 4557-888 Interest on investments 4558-888 Interest on investments 4559-888 Interest on investments 4560-888 Interest on investments 4561-888 Interest on investments 4621-10830-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Southwest Airlines 4621-888 Interest on investments 4631-888 Interest on investments 3018-888 Interest on investments 3018-888 Interest on investments 3019-888 Interest on investments 3019-888 Interest on investments 3024-888 Interest on investments 3024-888 Interest on investments 3025-888 Interest on investments 3025-888 Interest on investments 3026-888 Interest on investments 3026-888 Interest on investments 3126-888 Interest on investments 3126-888 Interest on investments 3160-888 Interest on investments 3160-888 Interest on investments 3162-888 Interest on investments 3162-888 Interest on investments 3163-888 Interest on investments 3163-888 Interest on investments 3164-888 Interest on investments 3164-888 Interest on investments 3182-888 Interest on investments 3182-888 Interest on investments 3191-888 Interest on investments 3191-888 Interest on investments 3226-888 Interest on investments 3226-888 Interest on investments 3270-888 Interest on investments 3271-888 Interest on investments 3271-888 Interest on investments 3272-888 Interest on investments 3272-888 Interest on investments 3274-888 Interest on investments 3274-888 Interest on investments 3278-888 Interest on investments 3278-888 Interest on investments 3280-888 Interest on investments 3280-888 Interest on investments 3291-888 Interest on investments 3291-888 Interest on investments 3292-888 Interest on investments 3292-888 Interest on investments 3293-888 Interest on investments 3293-888 Interest on investments 3294-888 Interest on investments 3294-888 Interest on investments 3340-888 Interest on investments 3340-888 Interest on investments 3342-888 Interest on investments 3342-888 Interest on investments 3365-888 Interest on investments 3365-888 Interest on investments 3366-888 Interest on investments 3366-888 Interest on investments 3367-888 Interest on investments 3367-888 Interest on investments 3368-888 Interest on investments 3368-888 Interest on investments 3430-888 Interest on investments 3430-888 Interest on investments 3494-888 Interest on investments 3494-888 Interest on investments 3495-888 Interest on investments 3495-888 Interest on investments 3496-888 Interest on investments 3496-888 Interest on investments 3497-888 Interest on investments 3497-888 Interest on investments 3498-888 Interest on investments 3498-888 CDBG Special assessments 3530-888 Interest on assessments 3530-888 Interest on investments 3530-888 Interest on investments 3530-888 Interest on investments 3541-888 Interest on investments 3541-888 Interest on investments 3542-888 Interest on investments 3542-888 Interest on investments 3543-888 Interest on investments 3543-888 Interest on investments 3545-888 Interest on investments 3545-888 Interest on investments 3546-888 Interest on investments 3546-888 Interest on investments 3548-888 Interest on investments 3548-888 Interest on investments 3549-888 Interest on investments 3549-888 Interest on investments 3550-888 Interest on investments 3550-888 Interest on investments 3551-888 Interest on investments 3551-888 Interest on investments 3552-888 Interest on investments 3552-888 Interest on investments 3600-888 Interest on investments 3600-888 Interest on investments 3701-888 Interest on investments 3701-888 Interest on investments 4080-888 Interest on investments 4080-888 Interest on investments 4088-888 Interest on investments 4088-888 Interest on investments 4089-888 Interest on investments 4089-888 Interest on investments 4091-888 Interest on investments 4091-888 Interest on investments 4092-888 Interest on investments 4092-888 Interest on investments 4093-888 Interest on investments 4093-888 Interest on investments 4094-888 Interest on investments 4094-888 Interest on investments 4095-888 Interest on investments 4095-888 Interest on investments 4096-888 Interest on investments 4096-888 Interest on investments 4097-888 Interest on investments 4097-888 Interest on investments 4248-888 Interest on investments 4248-888 Interest on investments 4249-888 Interest on investments 4249-888 Interest on investments 4251-888 Interest on investments 4251-888 Interest on investments 4252-888 Interest on investments 4252-888 Interest on investments 4253-888 Interest on investments 4253-888 Interest on investments 4254-888 Interest on investments 4254-888 Interest on investments 4255-888 Interest on investments 4255-888 Interest on investments 4479-888 Interest on investments 4479-888 Interest on investments 4480-888 Interest on investments 4480-888 Interest on investments 4481-888 Interest on investments 4481-888 Interest on investments 4482-888 Interest on investments 4510-888 Interest on investments 4510-888 Interest on investments 4530-888 Interest on investments 4530-888 Interest on investments 4531-888 Interest on investments 4531-888 Interest on investments 4540-888 Interest on investments 4540-888 Interest on investments 4551-888 Interest on investments 4551-888 Interest on investments 4557-888 Interest on investments 4557-888 Interest on investments 4558-888 Interest on investments 4558-888 Interest on investments 4559-888 Interest on investments 4559-888 Interest on investments 4560-888 Interest on investments 4560-888 Interest on investments 4561-888 Interest on investments 4561-888 Interest on investments 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Southwest Airlines 4621-888 Interest on investments 4631-888 Interest on investments 4631-888 Interest on investments 3018-888 Interest on investments 3019-888 Interest on investments 3024-888 Interest on investments 3025-888 Interest on investments 3026-888 Interest on investments 3126-888 Interest on investments 3160-888 Interest on investments 3162-888 Interest on investments 3163-888 Interest on investments 3164-888 Interest on investments 3182-888 Interest on investments 3191-888 Interest on investments 3226-888 Interest on investments 3270-888 Interest on investments 3271-888 Interest on investments 3272-888 Interest on investments 3274-888 Interest on investments 3278-888 Interest on investments 3280-888 Interest on investments 3291-888 Interest on investments 3292-888 Interest on investments 3293-888 Interest on investments 3294-888 Interest on investments 3340-888 Interest on investments 3342-888 Interest on investments 3365-888 Interest on investments 3366-888 Interest on investments 3367-888 Interest on investments 3368-888 Interest on investments 3430-888 Interest on investments 3494-888 Interest on investments 3495-888 Interest on investments 3496-888 Interest on investments 3497-888 Interest on investments 3498-888 CDBG Special assessments 3530-888 Interest on assessments 3530-888 Interest on investments 3530-888 Interest on investments 3541-888 Interest on investments 3542-888 Interest on investments 3543-888 Interest on investments 3545-888 Interest on investments 3546-888 Interest on investments 3548-888 Interest on investments 3549-888 Interest on investments 3550-888 Interest on investments 3551-888 Interest on investments 3552-888 Interest on investments 3600-888 Interest on investments 3701-888 Interest on investments 4080-888 Interest on investments 4088-888 Interest on investments 4089-888 Interest on investments 4091-888 Interest on investments 4092-888 Interest on investments 4093-888 Interest on investments 4094-888 Interest on investments 4095-888 Interest on investments 4096-888 Interest on investments 4097-888 Interest on investments 4248-888 Interest on investments 4249-888 Interest on investments 4251-888 Interest on investments 4252-888 Interest on investments 4253-888 Interest on investments 4254-888 Interest on investments 4255-888 Interest on investments 4479-888 Interest on investments 4480-888 Interest on investments 4481-888 Interest on investments 4482-888 Interest on investments 4510-888 Interest on investments 4530-888 Interest on investments 4531-888 Interest on investments 4540-888 Interest on investments 4551-888 Interest on investments 4557-888 Interest on investments 4558-888 Interest on investments 4559-888 Interest on investments 4560-888 Interest on investments 4561-888 Interest on investments 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Southwest Airlines 4621-888 Interest on investments 4631-888 Interest on investments 3018-888 Interest on investments 3019-888 Interest on investments 3024-888 Interest on investments 3025-888 Interest on investments 3026-888 Interest on investments 3126-888 Interest on investments 3160-888 Interest on investments 3162-888 Interest on investments 3163-888 Interest on investments 3164-888 Interest on investments 3182-888 Interest on investments 3191-888 Interest on investments 3226-888 Interest on investments 3270-888 Interest on investments 3271-888 Interest on investments 3272-888 Interest on investments 3274-888 Interest on investments 3278-888 Interest on investments 3280-888 Interest on investments 3291-888 Interest on investments 3292-888 Interest on investments 3293-888 Interest on investments 3294-888 Interest on investments 3340-888 Interest on investments 3342-888 Interest on investments 3365-888 Interest on investments 3366-888 Interest on investments 3367-888 Interest on investments 3368-888 Interest on investments 3430-888 Interest on investments 3494-888 Interest on investments 3495-888 Interest on investments 3496-888 Interest on investments 3497-888 Interest on investments 3498-888 Contributions and donations 3530-888 Interest on investments 3530-888 Interest on investments 3541-888 Interest on investments 3542-888 Interest on investments 3543-888 Interest on investments 3545-888 Interest on investments 3546-888 Interest on investments 3548-888 Interest on investments 3549-888 Interest on investments 3550-888 Interest on investments 3551-888 Interest on investments 3552-888 Interest on investments 3600-888 Interest on investments 3701-888 Interest on investments 4080-888 Interest on investments 4088-888 Interest on investments 4089-888 Interest on investments 4091-888 Interest on investments 4092-888 Interest on investments 4093-888 Interest on investments 4094-888 Interest on investments 4095-888 Interest on investments 4096-888 Interest on investments 4097-888 Interest on investments 4248-888 Interest on investments 4249-888 Interest on investments 4251-888 Interest on investments 4252-888 Interest on investments 4253-888 Interest on investments 4254-888 Interest on investments 4255-888 Interest on investments 4479-888 Interest on investments 4480-888 Transf from other fd -WTRFD 4480-888 Interest on investments 4481-888 Interest on investments 4482-888 Interest on investments 4510-888 Transf from other fd -WWWFD 4510-888 Interest on investments 4530-888 Interest on investments 4531-888 Interest on investments 4540-888 Transf from other fd-STWFD 4540-888 Interest on investments 4551-888 Interest on investments 4557-888 Interest on investments 4558-888 Interest on investments 4559-888 Interest on investments 4560-888 Interest on investments 4561-888 Interest on investments 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Southwest Airlines 4621-888 Interest on investments 4631-888 Interest on investments 3018-888 Interest on investments 3019-888 Interest on investments 3024-888 Interest on investments 3025-888 Interest on investments 3026-888 Interest on investments 3126-888 Interest on investments 3160-888 Interest on investments 3162-888 Interest on investments 3163-888 Interest on investments 3164-888 Interest on investments 3182-888 Interest on investments 3191-888 Interest on investments 3226-888 Interest on investments 3270-888 Interest on investments 3271-888 Interest on investments 3272-888 Interest on investments 3274-888 Interest on investments 3278-888 Contributions and donations 3280-888 Contributions and donations 3280-888 Contributions and donations 3280-888 Interest on investments 3280-888 Interest on investments 3291-888 Interest on investments 3292-888 Interest on investments 3293-888 Interest on investments 3294-888 Interest on investments 3340-888 Interest on investments 3342-888 Interest on investments 3365-888 Interest on investments 3366-888 Interest on investments 3367-888 Interest on investments 3368-888 Interest on investments 3430-888 Interest on investments 3494-888 Interest on investments 3495-888 Interest on investments 3496-888 Interest on investments 3497-888 Interest on investments 3498-888 CDBG Special assessments 3530-888 Interest on assessments 3530-888 Interest on investments 3530-888 RTA-street services contributi 3530-888 TXDOT(Tx Dept of Transp) 3530-888 Interest on investments 3541-888 Interest on investments 3542-888 Interest on investments 3543-888 Interest on investments 3545-888 Interest on investments 3546-888 Interest on investments 3548-888 Interest on investments 3549-888 Interest on investments 3550-888 Interest on investments 3551-888 Interest on investments 3552-888 Interest on investments 3600-888 Interest on investments 3701-888 Interest on investments 4080-888 Interest on investments 4088-888 Interest on investments 4089-888 Interest on investments 4091-888 Interest on investments 4092-888 Interest on investments 4093-888 Interest on investments 4094-888 Interest on investments 4095-888 Interest on investments 4096-888 Interest on investments 4097-888 Interest on investments 4248-888 Interest on investments 4249-888 Interest on investments 4251-888 Interest on investments 4252-888 Interest on investments 4253-888 Interest on investments 4254-888 Interest on investments 4255-888 Interest on investments 4479-888 Interest on investments 4480-888 Interest on investments 4481-888 Interest on investments 4482-888 Interest on investments 4510-888 Interest on investments 4530-888 Interest on investments 4531-888 Interest on investments 4540-888 Interest on investments 4551-888 Interest on investments 4557-888 Interest on investments 4558-888 Interest on investments 4559-888 Interest on investments 4560-888 Interest on investments 4561-888 Interest on investments 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Southwest Airlines 4621-888 Interest on investments 4631-888 Interest on investments 3018-888 Interest on investments 3019-888 FAA Grant 3020-888 FAA Grant 3020-888 Interest on investments 3024-888 Interest on investments 3025-888 Interest on investments 3026-888 Interest on investments 3126-888 Interest on investments 3160-888 Interest on investments 3162-888 Interest on investments 3163-888 Interest on investments 3164-888 Interest on investments 3182-888 Interest on investments 3191-888 Interest on investments 3226-888 Interest on investments 3270-888 Interest on investments 3271-888 Interest on investments 3272-888 Interest on investments 3274-888 Interest on investments 3278-888 Interest on investments 3280-888 Interest on investments 3291-888 Interest on investments 3292-888 Interest on investments 3293-888 Interest on investments 3294-888 Interest on investments 3340-888 Interest on investments 3342-888 Interest on investments 3365-888 Interest on investments 3366-888 Interest on investments 3367-888 Interest on investments 3368-888 Interest on investments 3430-888 Interest on investments 3494-888 Interest on investments 3495-888 Interest on investments 3496-888 Interest on investments 3497-888 Interest on investments 3498-888 CDBG Special assessments 3530-888 Cost Recovery-OP 3530-888 Interest on assessments 3530-888 Interest on investments 3530-888 Interest on investments 3541-888 Interest on investments 3542-888 Interest on investments 3543-888 Interest on investments 3545-888 Interest on investments 3546-888 Interest on investments 3548-888 Interest on investments 3549-888 Interest on investments 3550-888 Interest on investments 3551-888 Interest on investments 3552-888 Interest on investments 3600-888 Interest on investments 3701-888 Interest on investments 4080-888 Interest on investments 4088-888 Interest on investments 4089-888 Interest on investments 4091-888 Interest on investments 4092-888 Interest on investments 4093-888 Interest on investments 4094-888 Interest on investments 4095-888 Interest on investments 4096-888 Interest on investments 4097-888 Interest on investments 4248-888 Interest on investments 4249-888 Interest on investments 4251-888 Interest on investments 4252-888 Interest on investments 4253-888 Interest on investments 4254-888 Interest on investments 4255-888 Interest on investments 4479-888 Interest on investments 4480-888 Interest on investments 4481-888 Interest on investments 4482-888 Interest on investments 4510-888 Interest on investments 4530-888 Interest on investments 4531-888 Interest on investments 4540-888 Interest on investments 4551-888 Interest on investments 4557-888 Interest on investments 4558-888 Interest on investments 4559-888 Interest on investments 4560-888 Interest on investments 4561-888 Interest on investments 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Southwest Airlines 4621-888 Interest on investments 4631-888 Interest on investments 3018-888 Interest on investments 3019-888 Interest on investments 3024-888 Interest on investments 3025-888 Interest on investments 3026-888 Interest on investments 3126-888 Interest on investments 3160-888 Interest on investments 3162-888 Interest on investments 3163-888 Interest on investments 3164-888 Sale of Certificates of obliga 3165-888 Interest on investments 3182-888 Interest on investments 3191-888 Interest on investments 3226-888 Interest on investments 3270-888 Net Inc/Dec in FV of Investmen 3270-888 Interest on investments 3271-888 Interest on investments 3271-888 Net Inc/Dec in FV of Investmen 3271-888 Transf from other fd -SEATA 3271-888 Interest on investments 3272-888 Interest on investments 3278-888 Interest on investments 3280-888 Interest on investments 3291-888 Interest on investments 3292-888 Interest on investments 3293-888 Interest on investments 3294-888 Interest on investments 3340-888 Interest on investments 3342-888 Interest on investments 3365-888 Interest on investments 3366-888 Interest on investments 3367-888 Interest on investments 3368-888 Sale of Certificates of obliga 3369-888 Interest on investments 3430-888 TXDOT(Tx Dept of Transp) 3480-888 Interest on investments 3494-888 Interest on investments 3495-888 Interest on investments 3496-888 Interest on investments 3497-888 Interest on investments 3498-888 CDBG Special assessments 3530-888 CDBG Special assessments 3530-888 Contributions and donations 3530-888 Contributions and donations 3530-888 Contributions and donations 3530-888 Interest on assessments 3530-888 Interest on investments 3530-888 RTA-street services contributi 3530-888 TXDOT(Tx Dept of Transp) 3530-888 Interest on investments 3541-888 Interest on investments 3542-888 Interest on investments 3543-888 Interest on investments 3545-888 Interest on investments 3546-888 Interest on investments 3548-888 Interest on investments 3549-888 Interest on investments 3550-888 Interest on investments 3551-888 Interest on investments 3552-888 Sale of Certificates of obliga 3553-888 Sale of G.O. bonds 3554-888 Sale of Certificates of obliga 3555-888 Interest on investments 3600-888 Interest on investments 3701-888 Sale of G.O. bonds 3702-888 Interest on investments 4080-888 TXDOT(Tx Dept of Transp) 4080-888 Interest on investments 4088-888 Interest on investments 4089-888 Interest on investments 4091-888 Interest on investments 4092-888 Interest on investments 4093-888 Interest on investments 4094-888 Interest on investments 4095-888 Interest on investments 4096-888 Interest on investments 4097-888 Interest on investments 4248-888 Interest on investments 4249-888 Interest on investments 4251-888 Interest on investments 4252-888 Interest on investments 4253-888 Interest on investments 4254-888 Interest on investments 4255-888 Interest on investments 4256-888 Interest on investments 4479-888 Interest on investments 4480-888 Interest on investments 4481-888 Interest on investments 4482-888 Interest on investments 4510-888 Interest on investments 4530-888 Interest on investments 4531-888 Interest on investments 4540-888 Interest on investments 4551-888 Interest on investments 4557-888 Interest on investments 4558-888 Interest on investments 4559-888 Interest on investments 4560-888 Interest on investments 4561-888 Interest on investments 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Miscellaneous 4621-888 Southwest Airlines 4621-888 Interest on investments 4631-888 ACTIVITY.LONG-DESC-2 APDISTRIB.VENDOR PO INVOICE REFERENCE M000073 M000073 CR400L CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 Lufthansa CB175 Qantas TxDot: Pro M000073 M000073 M000073 CR400L CB543 CB543 CB543 CB543 CB543 CB543 Lufthansa Qantas Etihad Air Air Canada Singapore M000074 M000074 M000074 M000074 M000074 CR400L CR400L CB543 C8543 C8543 C8543 C8543 C8543 C8543 C8543 CB543 Lufthansa CB175 CB543 M000074 M000074 M000074 M000074 M000074 M000074 M000074 M000074 M000074 M000074 M000074 M000074 CR400L C8543 C8543 C8543 C8543 C8543 C8543 CB543 CB543 CB543 CB543 C8543 CB543 CB543 CB543 C8175 Ethihad C8175 Qantas Air Canada CB543 BL123 CB543 CB543 CB543 CB543 CB543 CB543 Singapore Ethihad Lufthansa Qantas CB175 Air Canada CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 Lufthansa Qantas Air Canada Singapore CB543 CB543 CB543 CB543 CB543 CB543 CB543 C8543 Lufthansa Air Canada Qantas Singapore CB543 M K00000001 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 C8543 CB175 Lufthansa Singapore CB175 Etihad CB543 8M00000001 8M00000002 9M00000001 C8543 C8543 C6543 C8543 C8543 C8543 08543 CB543 CB543 Lufthansa Qantas CB175 CB543 Refund CSJ CB543 CB543 CB543 C B543 CB543 CB543 CB543 Etihad C6175 Qantas Singapore CB543 BL123 CB543 CB543 CB543 CB543 CB543 C8543 CB543 Lufthansa Qantas Air Canada CB543 DESCRIPTION AMOUNT Inv#3020A Interest Received -956.03 Inv#30208 Interest Received -254.55 Inv#3024 Interest Received -82.04 Inv#3025 Interest Received -7.05 Inv#3026 Interest Received -1161.23 Inv#3126 Interest Received -4407.92 Inv#3160 Interest Received -74.64 Inv#3162 Interest Received -661.64 Inv#3163 Interest Received -540.38 Inv#3164 Interest Received -340.27 Inv#3182 Interest Received -20.8 Inv#3191 Interest Received -797.43 Inv#3226 Interest Received -60.73 RV 2017,9 GL-186 -3400000 Xfer to seawall cip -3400000 Inv#3272 Interest Received -1299.39 Inv#3274 Interest Received -75.43 Inv#3278 Interest Received -1485.31 Inv#3280 Interest Received -148.57 Inv#3291 Interest Received -168.54 Inv#3292 Interest Received -317.71 Inv#3293 Interest Received -5346.59 Inv#3294 Interest Received -3406.69 Inv#3342 Interest Received -429.88 Inv#3365 Interest Received -54 Inv#3366 Interest Received -104.61 Inv#3367 Interest Received -2235.84 Inv#3430 Interest Received -15.26 Inv#3494 Interest Received -2200.71 Inv#3495 Interest Received -10096.66 Inv#3496 Interest Received -1066.44 Inv#3497 Interest Received -8502.89 Inv#3498 Interest Received -6140.83 HTE INTERFACE TRANSACTION (MR) -10 HTE INTERFACE TRANSACTION (MR) -20 Inv#3530 Interest Received -170.43 QHTE CORPSMS 15 -4000 Inv#3541 Interest Received -1209.91 Inv#3542 Interest Received -474.53 Inv#3543 Interest Received -4008.9 Inv#3545 Interest Received -77.66 Inv#3546 Interest Received -1587.21 Inv#3548 Interest Received -6167.01 Inv#3549 Interest Received -16484.82 Inv#3550 Interest Received -1439.42 Inv#3551 Interest Received -62096.41 Inv#3552 Interest Received -12549.06 Inv#3600 Interest Received -0.62 Inv#3701 Interest Received -697.91 R/C to mtch Inv coding Wtr CIP -678378.87 Inv#4080 Interest Received -1147.08 Inv#4089 Interest Received -1261.62 Inv#4091 Interest Received -4478.95 Inv#4092 Interest Received -266.78 Inv#4093 Interest Received -10706.74 Inv#4094 Interest Received -1025.23 Inv#4095 Interest Received -21437.96 Inv#4096 Interest Received -12111.65 Inv#4097 Interest Received -4402.57 Inv#4248 Interest Received -905.89 Inv#4249 Interest Received -7178.93 Inv#4251 Interest Received -216.87 Inv#4252 Interest Received -14506.47 Inv#4253 Interest Received -1269.11 Inv#4254 Interest Received -19218.51 Inv#4255 Interest Received -3127.4 Inv#4481 Interest Received -1863.09 Inv#4510 Interest Received -15353.6 Inv#4530 Interest Received -7219.15 Inv#4531 Interest Received -7118.18 Inv#4540 Interest Received -4338.04 Inv#4551 Interest Received -121.15 Inv#4557 Interest Received -146.92 Inv#4558 Interest Received -173.22 Inv#4559 Interest Received -1698.55 Inv#4560 Interest Received -117.29 Inv#4561 Interest Received -757.87 AVIATION-PFC -280.96 AVIATION - PFC -1588.52 AVIATION - PFC -52.68 AVIATION-PFC -30.73 AVIATION - PFC -162.32 AVIATION - PFC -26.34 AVIATION - PFC -258.68 AVIATION-PFC -37188.14 AIRPORT PFC INTEREST -1365.96 LUFTHANSA -48.29 Summarized transaction -136.09 QANTAS -43.57 Inv#3020A Interest Received -964.99 Inv#30208 Interest Received -260.43 ORD 031212 AP GRT 55 -765790 ORD 031213 AP GRT 50 -274267 Inv#3024 Interest Received -83.93 Inv#3025 Interest Received -7.21 Inv#3026 Interest Received -1172.41 Inv#3126 Interest Received -4509.78 Inv#3160 Interest Received -76.36 Inv#3162 Interest Received -676.24 Inv#3163 Interest Received -552.87 Inv#3164 Interest Received -291.02 Inv#3182 Interest Received -21.28 Inv#3191 Interest Received -650.74 Inv#3226 Interest Received -62.14 Inv#3271 Interest Received -2740.64 Ord#031183 Xfer to Seawall CI -1010826 Inv#3272 Interest Received -1323.49 Inv#3274 Interest Received -77.18 Inv#3278 Interest Received -1519.64 Inv#3280 Interest Received -152 • TXDOT: PROJECT E14066 -89461.32 Inv#3291 Interest Received -172.43 Inv#3292 Interest Received -322.85 Inv#3293 Interest Received -5253.03 Inv#3294 Interest Received -3485.42 Inv#3340 Interest Received -61.07 Inv#3342 Interest Received -439.81 Inv#3350 Interest Received -0.61 Inv#3365 Interest Received -55.16 Inv#3366 Interest Received -107.03 Inv#3367 Interest Received -2229.56 Recrd $2.5M tax& Ltd Pldg Rev -2500000 Inv#3430 Interest Received -15.61 Inv#3494 Interest Received -2209.8 Inv#3495 Interest Received -9994.2 Inv#3496 Interest Received -1091.08 Inv#3497 Interest Received -8693.34 Inv#3498 Interest Received -6185.15 HTE INTERFACE TRANSACTION (MR) -4255.75 HTE INTERFACE TRANSACTION (MR) -1127.1 HTE INTERFACE TRANSACTION (MR) -20 QHTE CORPDMV 26 -4000 Inv#3541 Interest Received -1235.76 Inv#3542 Interest Received -474.77 Inv#3543 Interest Received -4101.54 Inv#3545 Interest Received -79.46 Inv#3546 Interest Received -1543.23 Inv#3548 Interest Received -6309.53 Inv#3549 Interest Received -15747.52 Inv#3550 Interest Received -1425.9 Inv#3551 Interest Received -62845.11 Inv#3552 Interest Received -12821.54 Inv#3600 Interest Received -0.64 Inv#3701 Interest Received -714.04 Inv#4080 Interest Received -1623.79 Inv#4089 Interest Received -1061.52 Inv#4091 Interest Received -3958.11 Inv#4092 Interest Received -272.94 Inv#4093 Interest Received -10497.06 Inv#4094 Interest Received -1026.22 Inv#4095 Interest Received -21933.39 Inv#4096 Interest Received -11662.83 Inv#4097 Interest Received -4291.15 Inv#4248 Interest Received -902.75 Inv#4249 Interest Received -6551.91 Inv#4251 Interest Received -183.64 Inv#4252 Interest Received -14505.09 Inv#4253 Interest Received -1078.95 Inv#4254 Interest Received -19307.72 Inv#4255 Interest Received -2932.62 Inv#4480 Interest Received -4302.83 Inv#4481 Interest Received -1906.14 Inv#4510 Interest Received -15598.5 Inv#4530 Interest Received -7285.56 Inv#4531 Interest Received -7133.71 Inv#4540 Interest Received -4438.29 Inv#4551 Interest Received -118.34 Inv#4557 Interest Received -140.8 Inv#4558 Interest Received -172.72 Inv#4559 Interest Received -1724.61 Inv#4560 Interest Received -119.96 Inv#4561 Interest Received -775.38 AVIATION - PFC -70.24 AVIATION-PFC -570.37 AVIATION - PFC -39.51 AVIATION - PFC -4.39 AVIATION-PFC -104.81 AVIATION - PFC -32373.21 AIRPORT PFC INTEREST -1617.07 AIRPORT PFC INTEREST ACCT CORR -3276.83 AIRPORT PFC INTEREST ACCT CORR 3276.83 LUFTHANSA -56.3 QANTAS -61.24 ETI HAD AIRWAYS -30.73 AIR CANADA -8.34 SINGAPORE -30.73 Inv#4631 Interest Received -20.31 Inv# 3020A Interest Received -993.58 Inv# 3020A Interest Received 1695.82 Inv#3020B Interest Received -272.92 Inv# 3020B Interest Received 465.82 Adjust Earned basis @year end 7471766.84 YE17302002 -299514.35 Inv# 3024 Interest Received -87.96 Inv#3024 Interest Received 150.12 Inv# 3025 Interest Received -7.56 Inv#3025 Interest Received 12.9 Inv#3026 Interest Received -1214.1 Inv#3026 Interest Received 2072.21 Inv#3126 Interest Received -4725.99 Inv# 3126 Interest Received 8066.22 Inv# 3160 Interest Received -80.02 Inv# 3160 Interest Received 136.58 Inv#3162 Interest Received -708.66 Inv# 3162 Interest Received 1209.53 Inv#3163 Interest Received -579.37 Inv#3163 Interest Received 988.86 Inv#3164 Interest Received -290.55 Inv#3164 Interest Received 495.9 Inv#3182 Interest Received -22.3 Inv#3182 Interest Received 38.06 Inv#3191 Interest Received -437.66 Inv#3191 Interest Received 746.99 Inv#3226 Interest Received -65.12 Inv#3226 Interest Received 111.14 Inv#3270 Interest Received -0.01 Inv#3270 Interest Received 0.01 Inv#3271 Interest Received -3688.84 Inv#3271 Interest Received 6296.03 Inv#3272 Interest Received -1386.94 Inv#3272 Interest Received 2367.2 Inv#3274 Interest Received -80.88 Inv#3274 Interest Received 138.04 Inv#3278 Interest Received -1524.02 Inv#3278 Interest Received 2601.17 YE17328001 -72845 YE17328001 20000 Inv#3280 Interest Received -232.03 Inv#3280 Interest Received 396.02 Inv#3291 Interest Received -180.7 Inv#3291 Interest Received 308.42 Inv#3292 Interest Received -338.32 Inv#3292 Interest Received 577.44 Inv#3293 Interest Received -4895.47 Inv#3293 Interest Received 8355.49 Inv#3294 Interest Received -3646.88 Inv#3294 Interest Received 6224.42 Inv#3340 Interest Received -64 Inv#3340 Interest Received 109.23 Inv#3342 Interest Received -460.9 Inv#3342 Interest Received 786.65 Inv#3350 Interest Received -0.64 Inv#3350 Interest Received 1.08 Final PD Warehouse Loan Pmt -260000 Inv#3365 Interest Received -57.81 Inv#3365 Interest Received 98.66 Inv#3366 Interest Received -112.16 Inv#3366 Interest Received 191.43 Inv#3367 Interest Received -2245.97 Inv#3367 Interest Received 3833.38 Inv#3368 Interest Received -1310.08 Inv#3368 Interest Received 2236.02 Inv#3430 Interest Received -16.36 Inv#3430 Interest Received 27.92 correct revenue account 0.5 HTE INTERFACE TRANSACTION (MR) -0.5 To record interest due to cont 168.87 correct revenue account -0.5 adjust revenue to earned 0.5 Inv#3494 Interest Received -2048.78 Inv#3494 Interest Received 3496.82 Inv#3495 Interest Received -10381.84 Inv#3495 Interest Received 17719.49 Inv#3496 Interest Received -988.02 Inv#3496 Interest Received 1686.33 Inv#3497 Interest Received -9110.11 Inv#3497 Interest Received 15548.94 Inv#3498 Interest Received -6185.25 Inv#3498 Interest Received 10556.85 YE17353001 -678560.74 HTE INTERFACE TRANSACTION (MR) -50 HTE INTERFACE TRANSACTION (MR) -4306.07 HTE INTERFACE TRANSACTION (MR) -56.4 HTE INTERFACE TRANSACTION (MR) -1477.65 HTE INTERFACE TRANSACTION (MR) -331.87 YE17353001 2260778.98 YE17353001 307419.45 YE17353001 100000 YE17353001 100000 VE17353001 25000 Bus pad reimb 09-10 547633 True up H T E and GL 3289.16 HTE INTERFACE TRANSACTION (MR) -50 HTE INTERFACE TRANSACTION (MR) -540.4 HTE INTERFACE TRANSACTION (MR) -199.48 HTE INTERFACE TRANSACTION (MR) -50 HTE INTERFACE TRANSACTION (MR) -44.81 Inv#3530 Interest Received -661.34 Inv#3530 Interest Received 1128.77 QHTE CORPDMV 28 -12000 QHTE C0RPAXM6 24 -4000 YE17353001 -637574.7 YE1735300A 637574.7 Bus pad reimb 09-10 -547633 YE17353001 1643321.47 YE17353001 -459580.33 Inv#3541 Interest Received -1295.01 Inv#3541 Interest Received 2210.29 Inv#3542 Interest Received -497.53 Inv#3542 Interest Received 849.18 Inv#3543 Interest Received -4298.18 Inv#3543 Interest Received 7336.04 Fix 2017,4 GL-290 2016A GO TMP -72818.33 Fix 2017,4 GL-290 2016A GO TMP -197806.69 Fix 2017,4 GL-290 2016A GO TMP -1919824 Fix 2017,4 GL-290 2016A GO TMP 1919824 Fix 2017,4 GL-290 2016A GO TMP 72818.33 Fix 2017,4 GL-290 2016A GO TMP 197806.69 YE17353001 336903.14 Inv#3545 Interest Received -83.27 Inv#3545 Interest Received 142.12 Inv#3546 Interest Received -1617.19 Inv#3546 Interest Received 2760.19 Inv#3548 Interest Received -6609.42 Inv#3548 Interest Received 11280.82 YE17354901 2000000 Inv#3549 Interest Received -14151.46 Inv#3549 Interest Received 24153.41 Inv#3550 Interest Received -1462.31 Inv#3550 Interest Received 2495.85 Inv#3551 Interest Received -65418.26 Inv#3551 Interest Received 111654.46 Inv#3552 Interest Received -13282.38 Inv#3552 Interest Received 22670.08 Inv#3600 Interest Received -0.67 Inv#3600 Interest Received 1.14 Inv#3701 Interest Received -748.27 Inv#3701 Interest Received 1277.14 Inv#4080 Interest Received -1700.12 Inv#4080 Interest Received 2901.74 Inv#4089 Interest Received -820.14 Inv#4089 Interest Received 1399.79 Inv#4091 Interest Received -3753.37 Inv#4091 Interest Received 6406.17 Inv#4092 Interest Received -286.03 Inv#4092 Interest Received 488.19 Inv#4093 Interest Received -10709.36 Inv#4093 Interest Received 18278.5 Inv#4094 Interest Received -1073.49 Inv#4094 Interest Received 1832.2 Inv#4095 Interest Received -22506.46 Inv#4095 Interest Received 38413.54 Inv#4096 Interest Received -11398.9 Inv#4096 Interest Received 19455.4 Inv#4097 Interest Received -3233.95 Inv#4097 Interest Received 5519.64 Inv#4248 Interest Received -946.03 Inv#4248 Interest Received 1614.67 Inv#4249 Interest Received -6725.29 Inv#4249 Interest Received 11478.58 Inv#4251 Interest Received -186.9 Inv#4251 Interest Received 318.99 Inv It 4252 Interest Received -14752.75 Inv#4252 Interest Received 25179.67 Inv#4253 Interest Received -1091.93 Inv#4253 Interest Received 1863.69 Inv#4254 Interest Received -20039.3 Inv#4254 Interest Received 34202.64 Inv#4255 Interest Received -2702.17 Inv it 4255 Interest Received 4612.01 Inv#4480 Interest Received -4846.42 Inv#4480 Interest Received 8271.76 Inv#4481 Interest Received -1997.53 Inv#4481 Interest Received 3409.34 Inv#4510 Interest Received -16245.57 Inv#4510 Interest Received 27727.58 Inv#4530 Interest Received -7536.9 Inv#4530 Interest Received 12863.83 Inv#4531 Interest Received -7440.21 Inv#4531 Interest Received 12698.79 Inv#4540 Interest Received -4266 Inv#4540 Interest Received 7281.12 Inv#4551 Interest Received -123.91 Inv#4551 Interest Received 211.49 Inv#4557 Interest Received -146.33 Inv#4557 Interest Received 249.75 Inv#4558 Interest Received -181 Inv#4558 Interest Received 308.93 Inv#4559 Interest Received -1807.29 Inv#4559 Interest Received 3084.65 Inv#4560 Interest Received -125.72 Inv#4560 Interest Received 214.57 Inv#4561 Interest Received -810.22 Inv#4561 Interest Received 1382.86 4621 Org corrections -6406.63 AVIATION - PFC -21.95 AVIATION - PFC -1101.23 AVIATION - PFC -140.37 AVIATION - PFC -4.39 AVIATION - PFC -61.13 AVIATION - PFC -13.17 AVIATION - PFC -8.78 AVIATION - PFC -21.95 4621 Org corrections 21282.43 AVIATION - PFC -22064.98 4621 Org corrections 398916.16 AIRPORT PFC INTEREST -1512.73 4621 Org corrections 6406.63 To Reverse 2016 PFC Revenue Ac 2989.37 2017 PFC Revenue Accr -1840.82 Correct CR#968607 -206 LUFTHANSA -26.23 Summarized transaction -113.92 AVIATION - PFC -96.58 4621 Org corrections -21282.43 To Reverse 2016 PFC Revenue Ac 33703.29 2017 PFC Revenue Accr -30317.6 4621 Org corrections -398916.16 Inv#4631 Interest Received -21.28 Inv#4631 Interest Received 36.33 Inv#3020A Interest Received -849.17 Inv#3020A Interest Received -1695.82 Inv#30208 Interest Received -290.24 Inv#30208 Interest Received -465.82 Inv#3024 Interest Received -90.92 Inv#3024 Interest Received -150.12 Inv#3025 Interest Received -8.04 Inv#3025 Interest Received -12.9 Inv#3026 Interest Received -1204.79 Inv#3026 Interest Received -2072.21 Inv#3126 Interest Received -4989.79 Inv#3126 Interest Received -8066.22 Inv#3160 Interest Received -75.22 Inv#3160 Interest Received -136.58 Inv#3162 Interest Received -750.45 Inv#3162 Interest Received -1209.53 Inv#3163 Interest Received -596.17 Inv#3163 Interest Received -988.86 Inv#3164 Interest Received -269.4 Inv#3164 Interest Received -495.9 Inv#3182 Interest Received -23.71 Inv#3182 Interest Received -38.06 Inv#3191 Interest Received -451.07 Inv#3191 Interest Received -746.99 Inv#3226 Interest Received -69.25 Inv#3226 Interest Received -111.14 Inv#3270 Interest Received -0.01 Inv#3270 Interest Received -0.01 Inv#3271 Interest Received -3874.73 Inv#3271 Interest Received -6296.03 Inv#3272 Interest Received -1460.69 Inv#3272 Interest Received -2367.2 Inv#3274 Interest Received -86.01 Inv#3274 Interest Received -138.04 Inv#3278 Interest Received -1584.98 Inv#3278 Interest Received -2601.17 Inv#3280 Interest Received -142.25 Inv#3280 Interest Received -396.02 Inv#3291 Interest Received -192.07 Inv#3291 Interest Received -308.42 Inv#3292 Interest Received -356.97 Inv#3292 Interest Received -577.44 Inv#3293 Interest Received -4797.06 Inv#3293 Interest Received -8355.49 Inv#3294 Interest Received -3866.63 Inv#3294 Interest Received -6224.42 Inv#3340 Interest Received -68.06 Inv#3340 Interest Received -109.23 Inv#3342 Interest Received -482.99 Inv#3342 Interest Received -786.65 Inv#3350 Interest Received -1.08 Inv#3365 Interest Received -36.83 Inv#3365 Interest Received -98.66 Inv#3366 Interest Received -119.07 Inv#3366 Interest Received -191.43 Inv#3367 Interest Received -2289.27 Inv#3367 Interest Received -3833.38 Inv#3368 Interest Received -1047.88 Inv#3368 Interest Received -2236.02 Inv#3430 Interest Received -17.4 Inv#3430 Interest Received -27.92 Inv#3494 Interest Received -2130.44 Inv#3494 Interest Received -3496.82 Inv#3495 Interest Received -9818.76 Inv#3495 Interest Received -17719.49 Inv#3496 Interest Received -1043.52 Inv#3496 Interest Received -1686.33 Inv#3497 Interest Received -9617.53 Inv#3497 Interest Received -15548.94 Inv#3498 Interest Received -6263.16 Inv#3498 Interest Received -10556.85 HTE INTERFACE TRANSACTION (MR) -10 HTE INTERFACE TRANSACTION (MR) -3098.78 HTE INTERFACE TRANSACTION (MR) -190.49 HTE INTERFACE TRANSACTION (MR) -1699.29 HTE INTERFACE TRANSACTION (MR) -1519.63 HTE INTERFACE TRANSACTION (MR) -781546 Ord 030563 771036 HTE INTERFACE TRANSACTION (MR) -210699 HTE INTERFACE TRANSACTION (MR) -418.34 HTE INTERFACE TRANSACTION (MR) -8.57 HTE INTERFACE TRANSACTION (MR) -229.41 HTE INTERFACE TRANSACTION (MR) -68.41 HTE INTERFACE TRANSACTION (MR) -20 Inv#3530 Interest Received -145.7 Inv#3530 Interest Received -1128.77 QHTE CORPDMV 30 -10000 Inv#3541 Interest Received -1377.19 Inv#3541 Interest Received -2210.29 Inv#3542 Interest Received -511.13 Inv#3542 Interest Received -849.18 Inv#3543 Interest Received -4197.37 Inv#3543 Interest Received -7336.04 Inv#3545 Interest Received -88.55 Inv#3545 Interest Received -142.12 Inv#3546 Interest Received -1712.07 Inv#3546 Interest Received -2760.19 Inv#3548 Interest Received -7501.55 Inv#3548 Interest Received -11280.82 Inv#3549 Interest Received -13790.29 Inv#3549 Interest Received -24153.41 Inv#3550 Interest Received -1300.74 Inv#3550 Interest Received -2495.85 Inv#3551 Interest Received -68166.15 Inv#3551 Interest Received -111654.46 Inv#3552 Interest Received -14097.36 Inv#3552 Interest Received -22670.08 Inv#3600 Interest Received -0.71 Inv#3600 Interest Received -1.14 Inv#3701 Interest Received -785.35 Inv# 3701 Interest Received -1277.14 Inv#4080 Interest Received -1706.82 Inv#4080 Interest Received -2901.74 Inv#4088 Interest Received -319.92 Inv#4089 Interest Received -863.18 Inv#4089 Interest Received -1399.79 Inv#4091 Interest Received -4781.92 Inv#4091 Interest Received -6406.17 Inv#4092 Interest Received -304.08 Inv#4092 Interest Received -488.19 Inv#4093 Interest Received -8796.19 Inv#4093 Interest Received -18278.5 Inv#4094 Interest Received -1130.92 Inv#4094 Interest Received -1832.2 Inv#4095 Interest Received -16491.58 Inv#4095 Interest Received -38413.54 Inv#4096 Interest Received -11629.77 Inv#4096 Interest Received -19455.4 Inv#4097 Interest Received -3080.27 Inv#4097 Interest Received -5519.64 Inv#4248 Interest Received -956.59 Inv#4248 Interest Received -1614.67 Inv#4249 Interest Received -6914.6 Inv#4249 Interest Received -11478.58 Inv#4251 Interest Received -198.76 Inv#4251 Interest Received -318.99 Inv#4252 Interest Received -15041.18 Inv#4252 Interest Received -25179.67 Inv#4253 Interest Received -1157.78 Inv#4253 Interest Received -1863.69 Inv#4254 Interest Received -20846.63 Inv#4254 Interest Received -34202.64 Inv#4255 Interest Received -2799.07 Inv#4255 Interest Received -4612.01 Inv#4479 Interest Received -29.11 Inv#4480 Interest Received -4721.72 Inv#4480 Interest Received -8271.76 Inv#4481 Interest Received -2098.54 Inv#4481 Interest Received -3409.34 Inv#4510 Interest Received -15499.89 Inv#4510 Interest Received -27727.58 Inv#4530 Interest Received -7926.17 Inv#4530 Interest Received -12863.83 Inv#4531 Interest Received -7872.51 Inv#4531 Interest Received -12698.79 Inv#4540 Interest Received -4220.89 Inv#4540 Interest Received -7281.12 Inv#4551 Interest Received -131.77 Inv#4551 Interest Received -211.49 Inv#4557 Interest Received -155.61 Inv#4557 Interest Received -249.75 Inv#4558 Interest Received -187.1 Inv#4558 Interest Received -308.93 Inv#4559 Interest Received -1920.27 Inv#4559 Interest Received -3084.65 Inv#4560 Interest Received -114.53 Inv#4560 Interest Received -214.57 Inv#4561 Interest Received -858.52 Inv#4561 Interest Received -1382.86 AIRPORT PFC INTEREST -1495.38 AVIATION - PFC -1403.15 AVIATION - PFC -30.73 AVIATION- PFC -96.25 AVIATION- PFC -17.56 AVIATION- PFC -275.57 AVIATION- PFC -30317.6 Inv#4631 Interest Received -22.63 Inv#4631 Interest Received -36.33 Inv#3020A Interest Received -793.75 0RD031288 Arpt xfer to ArptCIP -544395.98 Inv it 30208 Interest Received -307.82 Inv#3024 Interest Received -85.09 Inv#3025 Interest Received -8.52 Inv It 3026 Interest Received -1164.85 Inv#3126 Interest Received -930.41 Inv#3160 Interest Received -76.08 Inv#3162 Interest Received -795.89 Inv#3163 Interest Received -632.29 Inv#3164 Interest Received -281.29 Inv#3182 Interest Received -25.15 Inv#3191 Interest Received -279.84 Inv#3226 Interest Received -73.44 Inv#3270 Interest Received -0.01 Inv#3271 Interest Received -4109.22 Inv Si 3272 Interest Received -1546.9 Inv#3274 Interest Received -91.22 Inv#3278 Interest Received -1681 Inv#3280 Interest Received -151.02 Inv#3291 Interest Received -203.7 Inv#3292 Interest Received -286.23 Inv#3293 Interest Received -5027.45 Inv#3294 Interest Received -4100.31 Inv#3340 Interest Received -72.18 Inv#3342 Interest Received -512.25 Inv#3365 Interest Received -25.5 Inv#3366 Interest Received -126.28 Inv#3367 Interest Received -2361.57 Inv#3368 Interest Received -1042.49 Inv#3430 Interest Received -18.45 Txdot E11116 -43538.81 Inv#3494 Interest Received -1560.91 Inv#3495 Interest Received -9564.28 Inv#3496 Interest Received -1077.71 Inv#3497 Interest Received -10196.68 Inv#3498 Interest Received -6419.6 Inv if 3530 Interest Received -171.17 Txdot E11116 -28461.19 Inv#3541 Interest Received -1460.58 Inv#3542 Interest Received -542.1 Inv#3543 Interest Received -4420.3 Inv#3545 Interest Received -93.91 Inv#3546 Interest Received -1815.74 Inv#3548 Interest Received -7940.87 Inv#3549 Interest Received -12973.72 Inv#3550 Interest Received -1354.14 Inv#3551 Interest Received -71050.39 Inv#3552 Interest Received -14897.51 Inv#3600 Interest Received -0.75 Inv#3701 Interest Received -832.91 Inv#4080 Interest Received -1810.31 Inv#4088 Interest Received -261.17 Inv#4089 Interest Received -915.14 Inv#4091 Interest Received -4036.11 Inv#4092 Interest Received -322.49 Inv#4093 Interest Received -8339.62 Inv#4094 Interest Received -858.7 Inv#4095 Interest Received -17441.36 Inv#4096 Interest Received -11886.48 Inv#4097 Interest Received -3096.7 Inv#4248 Interest Received -1012.71 Inv#4249 Interest Received -7121.34 Inv#4251 Interest Received -210.56 Inv#4252 Interest Received -15621.31 Inv#4253 Interest Received -1154.31 Inv#4254 Interest Received -21643.88 Inv#4255 Interest Received -2889.61 Inv#4479 Interest Received -30.83 Inv#4480 Interest Received -4970.21 Inv#4481 Interest Received -2221.07 Inv#4510 Interest Received -16206.79 Inv#4530 Interest Received -8390.05 Inv#4531 Interest Received -8232.43 Inv#4540 Interest Received -4476.93 Inv#4551 Interest Received -139.75 Inv#4557 Interest Received -165.04 Inv#4558 Interest Received -198.43 Inv#4559 Interest Received -2036.54 Inv#4560 Interest Received -104.31 Inv#4561 Interest Received -827.63 Inv#10339 Total income Recei -1485.63 AVIATION - PFC -4.39 AVIATION - PFC -535.58 AVIATION- PFC -109.75 AVIATION - PFC -144.87 AVIATION- PFC -13.17 AVIATION-PFC -30.73 AVIATION-PFC -8.78 AVIATION-PFC -149.37 Summarized transaction -157.93 ETHI HAD -26.34 Summarized transaction -100.75 QANTAS -24.58 AIR CANADA -39.29 AVIATION - PFC -43648.11 Inv#4631 Interest Received -24 Inv#3020A Interest Received -1251.19 Inv#30208 Interest Received -305.04 ORD 031288: GRT 56 -4899563.58 ORD 031319: GRT 56 -676651.9 Inv#3024 Interest Received -84.33 Inv#3025 Interest Received -8.45 Inv#3026 Interest Received -1152.24 Inv#3126 Interest Received -922 Inv#3160 Interest Received -63.82 Inv#3162 Interest Received -788.7 Inv#3163 Interest Received -626.58 Inv#3164 Interest Received -270.86 Inv#3182 Interest Received -24.92 Inv#3191 Interest Received -272.64 Inv#3226 Interest Received -72.78 Inv#3270 Interest Received -0.01 Inv#3271 Interest Received -3729.77 Inv#3272 Interest Received -1532.93 Inv#3274 Interest Received -90.39 Inv# 3278 Interest Received -1391.47 Inv#3280 Interest Received -158.75 Inv#3291 Interest Received -201.86 Inv#3292 Interest Received -283.65 Inv#3293 Interest Received -4916.82 Inv#3294 Interest Received -4063.26 Inv#3340 Interest Received -71.53 Inv#3342 Interest Received -507.44 Inv#3365 Interest Received -25.27 Inv#3366 Interest Received -125.14 Inv#3367 Interest Received -2340.24 Inv#3368 Interest Received -1014.74 Inv#3430 Interest Received -18.28 Inv#3494 Interest Received -1543.63 Inv#3495 Interest Received -8344.31 Inv#3496 Interest Received -1021.05 Inv#3497 Interest Received -10104.56 Inv#3498 Interest Received -5743.88 Summarized transaction 354670.3 Inv#3530 Interest Received -586.19 Inv#3541 Interest Received -1447.38 Inv#3542 Interest Received -532.86 Inv#3543 Interest Received -3835.57 Inv#3545 Interest Received -93.06 Inv#3546 Interest Received -1799.34 Inv#3548 Interest Received -7869.13 Inv#3549 Interest Received -11340.74 Inv#3550 Interest Received -1320.19 Inv#3551 Interest Received -69185.07 Inv#3552 Interest Received -14748.24 Inv#3600 Interest Received -0.75 Inv#3701 Interest Received -825.39 Inv#4080 Interest Received -1789.12 Inv#4088 Interest Received -258.81 Inv#4089 Interest Received -906.13 Inv#4091 Interest Received -3877.42 Inv#4092 Interest Received -311.58 Inv#4093 Interest Received -7758.43 Inv#4094 Interest Received -844.84 Inv#4095 Interest Received -17207.81 Inv#4096 Interest Received -11660.93 Inv#4097 Interest Received -2855.19 Inv#4248 Interest Received -1002.33 Inv#4249 Interest Received -6683.11 Inv#4251 Interest Received -208.66 Inv#4252 Interest Received -15378.58 Inv#4253 Interest Received -1071.73 Inv#4254 Interest Received -21326.06 Inv#4255 Interest Received -2796.16 Inv#4479 Interest Received -30.55 Inv#4480 Interest Received -4800.01 Inv#4481 Interest Received -1906.94 Inv#10361 Total income Recei -713.63 Rec 2017 Jr Ln Util Rev Imp Bo -2750000 Inv#4510 Interest Received -15347.47 Inv#4530 Interest Received -8308.43 Inv#4531 Interest Received -8142.13 Inv#4540 Interest Received -4436.49 Inv#4551 Interest Received -133.87 Inv#4557 Interest Received -163.55 Inv#4558 Interest Received -196.64 Inv#4559 Interest Received -2018.14 Inv#4560 Interest Received -103.37 Inv#4561 Interest Received -820.15 Inv# 10339 Total income Recei -1918.87 AVIATION -PFC -61.02 AVIATION -PFC -276.02 AVIATION -PFC -355.26 AVIATION - PFC -4.39 AVIATION - PFC -52.68 AVIATION - PFC -30.73 SINGAPORE -4.39 ETH I HAD -13.17 LUFTHANSA -96.58 QANTAS -8.56 Summarized transaction -26.12 AIR CANADA -39.51 AVIATION - PFC -33996.92 Inv#4631 Interest Received -23.79 Inv#3020A Interest Received -46.41 Inv#3020A Interest Received -1369.64 Inv#3020B Interest Received -11.31 Inv#3020B Interest Received -340.8 Inv#3024 Interest Received -3.12 Inv#3024 Interest Received -94.21 Inv#3025 Interest Received -0.31 Inv#3025 Interest Received -9.44 Inv#3026 Interest Received -42.73 Inv#3026 Interest Received -1275.12 Inv#3126 Interest Received -34.2 Inv#3126 Interest Received -1030.1 Inv#3160 Interest Received -2.37 Inv#3160 Interest Received -69.78 Inv#3162 Interest Received -29.25 Inv#3162 Interest Received -880.77 Inv#3163 Interest Received -23.24 Inv#3163 Interest Received -700.04 Inv#3164 Interest Received -10.05 Inv#3164 Interest Received -296.05 Inv#3182 Interest Received -0.93 Inv#3182 Interest Received -27.84 Inv#3191 Interest Received -10.11 Inv#3191 Interest Received -125.91 Inv#3226 Interest Received -2.7 Inv#3226 Interest Received -81.31 Inv#3270 Interest Received -0.01 Inv#3271 Interest Received -138.34 Inv#3271 Interest Received -4166.57 Inv#3272 Interest Received -56.86 Inv#3272 Interest Received -1711.18 Inv#3274 Interest Received -3.36 Inv#3274 Interest Received -100.99 Inv#3278 Interest Received -51.61 Inv#3278 Interest Received -1554.61 Inv#3280 Interest Received -5.89 Inv#3280 Interest Received -177.37 Inv#3291 Interest Received -7.49 Inv#3291 Interest Received -225.53 Inv#3292 Interest Received -10.52 Inv#3292 Interest Received -316.9 Inv#3293 Interest Received -182.36 Inv#3293 Interest Received -5474.4 Inv#3294 Interest Received -150.71 Inv#3294 Interest Received -4539.65 Inv#3340 Interest Received -2.65 Inv#3340 Interest Received -79.91 Inv#3342 Interest Received -18.82 Inv#3342 Interest Received -550.67 Inv#3365 Interest Received -0.93 Inv#3365 Interest Received -28.23 Inv#3366 Interest Received -4.64 Inv#3366 Interest Received -139.81 Inv#3367 Interest Received -86.8 Inv#3367 Interest Received -2598.25 Inv#3368 Interest Received -37.63 Inv#3368 Interest Received -1060.71 Inv#3430 Interest Received -0.68 Inv#3430 Interest Received -20.43 Inv#3494 Interest Received -57.26 Inv#3494 Interest Received -1405.57 Inv#3495 Interest Received -309.49 Inv#3495 Interest Received -9094.97 Inv#3496 Interest Received -37.87 Inv#3496 Interest Received -1098.99 Inv#3497 Interest Received -374.78 Inv#3497 Interest Received -11289.25 Inv#3498 Interest Received -213.04 Inv#3498 Interest Received -6214.37 Recrd Dec'17 Pvng Rev -665.05 Rcrd Dec'17 RF Pvng Int Rev -58.6 Inv#3530 Interest Received -21.74 Inv#3530 Interest Received -1271.92 Inv# 3541 Interest Received -53.69 Inv#3541 Interest Received -1597.1 Inv#3542 Interest Received -19.76 Inv#3542 Interest Received -588.05 Inv#3543 Interest Received -142.26 Inv#3543 Interest Received -4126.56 Inv#3545 Interest Received -3.46 Inv#3545 Interest Received -103.98 Inv#3546 Interest Received -66.74 Inv#3546 Interest Received -2010.3 Inv#3548 Interest Received -291.86 Inv#3548 Interest Received -8791.72 Inv#3549 Interest Received -420.62 Inv#3549 Interest Received -11715.2 Inv#3550 Interest Received -48.97 Inv#3550 Interest Received -1403.58 Inv#3551 Interest Received -2566.05 Inv#3551 Interest Received -75279.12 Inv#3552 Interest Received -547 Inv#3552 Interest Received -16472.67 Inv#3600 Interest Received -0.02 Inv#3600 Interest Received -0.83 Inv#3701 Interest Received -30.61 Inv#3701 Interest Received -922.16 Inv#4080 Interest Received -66.36 Inv#4080 Interest Received -2010.87 Inv#4088 Interest Received -9.6 Inv#4088 Interest Received -297.33 Inv#4089 Interest Received -33.6 Inv#4089 Interest Received -968.86 Inv#4091 Interest Received -143.81 Inv#4091 Interest Received -2658.85 Inv#4092 Interest Received -11.55 Inv#4092 Interest Received -348.11 Inv#4093 Interest Received -287.76 Inv#4093 Interest Received -8205.65 Inv#4094 Interest Received -31.34 Inv#4094 Interest Received -941.53 Inv#4095 Interest Received -638.23 Inv#4095 Interest Received -17990.96 Inv#4096 Interest Received -432.5 Inv#4096 Interest Received -12966.14 Inv#4097 Interest Received -105.9 Inv#4097 Interest Received -2852.05 Inv#4248 Interest Received -37.17 Inv#4248 Interest Received -1114.49 Inv#4249 Interest Received -247.87 Inv#4249 Interest Received -6667.14 Inv#4251 Interest Received -7.74 Inv#4251 Interest Received -233.13 Inv#4252 Interest Received -570.39 Inv#4252 Interest Received -16471.67 Inv#4253 Interest Received -39.75 Inv#4253 Interest Received -1045.15 Inv#4254 Interest Received -790.98 Inv#4254 Interest Received -23250.08 Inv#4255 Interest Received -103.7 Inv#4255 Interest Received -2878.11 Inv#4479 Interest Received -1.13 Inv#4479 Interest Received -962.2 Inv#4480 Interest Received -178.03 Inv#4480 Interest Received -5131.69 Inv#4481 Interest Received -70.73 Inv#4481 Interest Received -1970.15 Inv# 10361 Total income Recei -2442.52 Inv#4510 Interest Received -569.23 Inv#4510 Interest Received -17049.27 Inv#4530 Interest Received -308.16 Inv#4530 Interest Received -8835.04 Inv#4531 Interest Received -301.98 Inv#4531 Interest Received -8537.79 Inv#4540 Interest Received -164.54 Inv#4540 Interest Received -4947.79 Inv#4551 Interest Received -4.96 Inv#4551 Interest Received -148.36 Inv#4557 Interest Received -6.06 Inv#4557 Interest Received -163.56 Inv#4558 Interest Received -7.29 Inv#4558 Interest Received -219.69 Inv#4559 Interest Received -74.86 Inv#4559 Interest Received -2249.82 Inv#4560 Interest Received -3.83 Inv#4560 Interest Received -86.66 Inv#4561 Interest Received -30.42 Inv#4561 Interest Received -887.48 Inv# 10339 Total income Recei -2236.12 AVIATION- PFC -227.84 AVIATION- PFC -276.57 AVIATION - PFC -105.25 AVIATION- PFC -69.25 AVIATION - PFC -30.18 AVIATION- PFC -21.95 AVIATION- PFC -302.91 AVIATION- PFC -8.78 AVIATION- PFC -17.56 LUFTHANSA -61.35 QANTAS -30.51 AIR CANADA -21.95 SINGAPORE -17.56 AVIATION - PFC -22506.64 Inv#4631 Interest Received -0.88 Inv#4631 Interest Received -26.58 Inv#3020A Interest Received -1377.85 Inv#3020B Interest Received -347.55 Inv#3024 Interest Received -51.69 Inv#3025 Interest Received -9.63 Inv#3026 Interest Received -1264.18 Inv#3126 Interest Received -1050.52 Inv#3160 Interest Received -71.17 Inv#3162 Interest Received -898.23 Inv#3163 Interest Received -713.92 Inv#3164 Interest Received -301.92 Inv#3182 Interest Received -28.4 Inv#3191 Interest Received -122.69 Inv#3226 Interest Received -82.92 Inv#3270 Interest Received -0.01 Inv#3271 Interest Received -4249.15 Inv#3272 Interest Received -1744.1 Inv#3274 Interest Received -102.99 Inv#3278 Interest Received -1585.43 Inv#3280 Interest Received -180.88 Inv#3291 Interest Received -230 Inv#3292 Interest Received -323.18 Inv#3293 Interest Received -5431.82 Inv#3294 Interest Received -4629.63 Inv#3340 Interest Received -81.5 Inv#3342 Interest Received -561.59 Inv#3365 Interest Received -28.79 Inv#3366 Interest Received -142.59 Inv#3367 Interest Received -2649.75 Inv#3368 Interest Received -1076.95 Inv#3430 Interest Received -20.83 Inv#3494 Interest Received -910.73 Inv#3495 Interest Received -8725.35 Inv#3496 Interest Received -1042.48 Inv#3497 Interest Received -11513 Inv#3498 Interest Received -6154.36 Rcrd Jan'18 Pvng Rev -747.36 Rcrd Jan'18 Pvng Int Rev -900.56 Inv#3530 Interest Received -1298.81 Inv#3541 Interest Received -1628.76 Inv#3542 Interest Received -598.46 Inv#3543 Interest Received -4208.36 Inv#3545 Interest Received -106.04 Inv#3546 Interest Received -2050.14 Inv#3548 Interest Received -8965.98 Inv#3549 Interest Received -9708.66 Inv#3550 Interest Received -1375.19 Inv#3551 Interest Received -73941.57 Inv#3552 Interest Received -16666.51 Inv#3600 Interest Received -0.85 Inv#3701 Interest Received -940.44 Inv#4080 Interest Received -2050.72 Inv#4088 Interest Received -293.19 Inv#4089 Interest Received -318.9 Inv#4091 Interest Received -1853.58 Inv#4092 Interest Received -355.01 Inv#4093 Interest Received -7420.59 Inv#4094 Interest Received -865.78 Inv#4095 Interest Received -18347.53 Inv#4096 Interest Received -11212.94 Inv#4097 Interest Received -2648.75 Inv#4248 Interest Received -1135.71 Inv#4249 Interest Received -6584.34 Inv#4251 Interest Received -225.63 Inv#4252 Interest Received -16037.39 Inv#4253 Interest Received -968.77 Inv#4254 Interest Received -21894.64 Inv#4255 Interest Received -2788.24 Inv#4479 Interest Received -981.24 Inv#4480 Interest Received -4840.12 Inv#4481 Interest Received -1944.12 Inv# 10361 Total income Recei -2725.71 Inv#4510 Interest Received -17201.02 Inv#4530 Interest Received -8728.6 Inv#4531 Interest Received -8220.84 Inv#4540 Interest Received -5045.86 Inv#4551 Interest Received -151.3 Inv#4557 Interest Received -166.8 Inv#4558 Interest Received -221.61 Inv#4559 Interest Received -2294.41 Inv#4560 Interest Received -88.38 Inv#4561 Interest Received -887.97 Inv# 10339 Total income Recei -2269.13 AVIATION- PFC -192.5 AVIATION- PFC -1746.12 AVIATION- PFC -100.97 AVIATION- PFC -30.73 AVIATION - PFC -96.36 AVIATION - PFC -217.74 AVIATION - PFC -4.39 LUFTHANSA -136.09 AIR CANADA -13.17 QANTAS -35.01 SINGAPORE -21.95 AVIATION - PFC -40869 Inv#4631 Interest Received -27.1 Inv#3020A Interest Received -1383.4 Inv#30208 Interest Received -370.27 Inv#3024 Interest Received -48.03 Inv#3025 Interest Received -10.24 Inv#3026 Interest Received -1281.35 Inv#3126 Interest Received -1117.19 Inv#3160 Interest Received -75.68 Inv#3162 Interest Received -955.24 Inv#3163 Interest Received -759.23 Inv#3164 Interest Received -318.21 Inv#3182 Interest Received -30.2 Inv#3191 Interest Received -130.48 Inv#3226 Interest Received -88.18 Inv#3270 Interest Received -0.01 Inv#3271 Interest Received -4518.83 Inv#3272 Interest Received -252.85 Inv#3274 Interest Received -1.59 Inv#3278 Interest Received -1568.26 Inv#3280 Interest Received -159.51 Inv#3291 Interest Received -244.6 Inv#3292 Interest Received -343.69 Inv#3293 Interest Received -5321.06 Inv#3294 Interest Received -4923.46 Inv#3340 Interest Received -86.67 Inv#3342 Interest Received -597.23 Inv#3365 Interest Received -30.62 Inv#3366 Interest Received -151.64 Inv#3367 Interest Received -2817.92 Inv#3368 Interest Received -1144.55 Inv#3430 Interest Received -22.15 Inv#3494 Interest Received -966.59 Inv#3495 Interest Received -8298.74 Inv#3496 Interest Received -1071.5 Inv#3497 Interest Received -12243.71 Inv#3498 Interest Received -6341.53 CORPUS CHRISTI ISD -48500 Inv#3530 Interest Received -1355 Inv#3541 Interest Received -1731.93 Inv#3542 Interest Received -636.45 Inv#3543 Interest Received -4475.45 Inv#3545 Interest Received -112.77 Inv#3546 Interest Received -2180.26 Inv#3548 Interest Received -9535.03 Inv#3549 Interest Received -9918.12 Inv#3550 Interest Received -706.41 Inv#3551 Interest Received -78731.8 Inv#3552 Interest Received -17721.29 Inv#3600 Interest Received -0.9 Inv#3701 Interest Received -1000.12 Inv#4080 Interest Received -2179.34 Inv#4088 Interest Received -309 Inv#4089 Interest Received -339.14 Inv#4091 Interest Received -1907.47 Inv#4092 Interest Received -372.6 Inv#4093 Interest Received -6687.75 Inv#4094 Interest Received -920.73 Inv#4095 Interest Received -19509.56 Inv#4096 Interest Received -8860.41 Inv#4097 Interest Received -2660.85 Inv#4248 Interest Received -1207.05 Inv#4249 Interest Received -6482.66 Inv#4251 Interest Received -239.95 Inv#4252 Interest Received -15827.18 Inv#4253 Interest Received -975.42 Inv#4254 Interest Received -23001.13 Inv#4255 Interest Received -2906.59 Inv#4479 Interest Received -1022.87 Inv#4480 Interest Received -5033.56 Cash Reserve Trfs to CIP -2198043 Inv#4481 Interest Received -1912.52 Inv# 10361 Total income Recei -2557.63 Inv#4510 Interest Received -16628.4 Cash Reserve Trfs to CIP -3500000 Inv#4530 Interest Received -9276.35 Inv#4531 Interest Received -8742.6 Inv#4540 Interest Received -5366.11 Cash Reserve Trfs to CIP -2763901 Inv#4551 Interest Received -160.9 Inv#4557 Interest Received -177.39 Inv#4558 Interest Received -235.67 Inv#4559 Interest Received -2440.04 Inv#4560 Interest Received -93.99 Inv#4561 Interest Received -926.72 Inv# 10339 Total income Recei -2913.58 AVIATION - PFC -4.28 AVIATION - PFC -38.41 AVIATION - PFC -35.12 AVIATION - PFC -500.46 AVIATION - PFC -8.78 AVIATION - PFC -13.17 AVIATION - PFC -48.29 AVIATION - PFC -35.12 AVIATION - PFC -4.39 Summarized transaction -39.51 LUFTHANSA -61.24 SINGAPORE -17.56 Summarized transaction -61.46 ETIHAD -8.78 AVIATION- PFC -35111.55 Inv#4631 Interest Received -28.82 Inv#3020A Interest Received -1389.04 Inv#3020B Interest Received -386.91 Inv#3024 Interest Received -50.71 Inv#3025 Interest Received -10.81 Inv#3026 Interest Received -1267.63 Inv#3126 Interest Received -1179.59 Inv#3160 Interest Received -78.04 Inv#3162 Interest Received -999.67 Inv#3163 Interest Received -732.34 Inv#3164 Interest Received -334.42 Inv#3182 Interest Received -31.88 Inv#3191 Interest Received -122.79 Inv#3226 Interest Received -93.11 Inv#3270 Interest Received -0.01 Inv#3271 Interest Received -4771.23 Inv#3272 Interest Received -266.97 Inv#3274 Interest Received -1.68 Inv#3278 Interest Received -1639.65 REGIONAL TRANSPORTATION AUTH -20000 DOWNTOWN BUSINESS DISTRICT -20000 REGIONAL TRANSPORTATION AUTH 20000 Inv#3280 Interest Received -142.7 Inv#3291 Interest Received -256.86 Inv#3292 Interest Received -360.14 Inv#3293 Interest Received -5459.67 Inv#3294 Interest Received -5194.2 Inv#3340 Interest Received -91.51 Inv#3342 Interest Received -630.59 Inv#3365 Interest Received -32.33 Inv#3366 Interest Received -160.1 Inv#3367 Interest Received -2914.73 Inv#3368 Interest Received -1206.73 Inv#3430 Interest Received -23.39 Inv#3494 Interest Received -847.2 Inv#3495 Interest Received -7724.71 Inv#3496 Interest Received -1088.92 Inv#3497 Interest Received -12927.56 Inv#3498 Interest Received -6405.94 Rcrd Paving Rev -754.2 Paving Int Rev -1187.73 Inv#3530 Interest Received -1488.94 ORD 031041:T16356 -55200 ORD 031041: 116356 -368000 Inv#3541 Interest Received -1827.82 Inv#3542 Interest Received -672 Inv#3543 Interest Received -3546.58 Inv#3545 Interest Received -119.06 Inv#3546 Interest Received -2283.9 Inv#3548 Interest Received -9779.9 Inv#3549 Interest Received -10058.2 Inv#3550 Interest Received -701.02 Inv#3551 Interest Received -80942.19 Inv#3552 Interest Received -18556.29 Inv#3600 Interest Received -0.95 Inv#3701 Interest Received -1055.98 Inv#4080 Interest Received -2301.07 Inv#4088 Interest Received -229.59 Inv#4089 Interest Received -358.09 Inv#4091 Interest Received -1821.03 Inv#4092 Interest Received -393.41 Inv#4093 Interest Received -5527.18 Inv#4094 Interest Received -944.29 Inv#4095 Interest Received -20583.76 Inv#4096 Interest Received -7187.65 Inv#4097 Interest Received -2507.68 Inv#4248 Interest Received -1270.32 Inv#4249 Interest Received -6743.02 Inv#4251 Interest Received -239.63 Inv#4252 Interest Received -16643.42 Inv#4253 Interest Received -1001.87 Inv#4254 Interest Received -22564.04 Inv#4255 Interest Received -3042.3 Inv#4479 Interest Received -1014.07 Inv#4480 Interest Received -7780.72 Inv#4481 Interest Received -1939.23 Inv# 10361 Total income Recei -315538 Inv#4510 Interest Received -21530.7 Inv#4530 Interest Received -9654.88 Inv#4531 Interest Received -9176.61 Inv#4540 Interest Received -8857.92 Inv#4551 Interest Received -169.89 Inv#4557 Interest Received -187.3 Inv#4558 Interest Received -198.2 Inv#4559 Interest Received -2575.51 Inv#4560 Interest Received -99.24 Inv#4561 Interest Received -974.5 Inv# 10339 Total income Recei -3281.53 AVIATION - PFC -2031.36 AVIATION - PFC -17.01 AVIATION - PFC -219.5 AVIATION - PFC -83.41 AVIATION- PFC -35.12 AVIATION- PFC -17.56 AVIATION- PFC -192.39 AVIATION- PFC -4.17 AVIATION - PFC -521.64 LUFTHANSA -114.14 QANTAS -17.56 Summarized transaction -48.29 AVIATION - PFC -39021.81 Inv#4631 Interest Received -30.43 Inv#3020A Interest Received -1445.87 Inv# 3020B Interest Received -414.29 RV 2017,12 98-45 -7471766.84 RV 2017,12 98-192 299514.35 Inv#3024 Interest Received -107.5 Inv#3025 Interest Received -11.57 Inv#3026 Interest Received -1363.44 Inv#3126 Interest Received -1263.06 Inv#3160 Interest Received -83.56 Inv#3162 Interest Received -1038.92 Inv#3163 Interest Received -784.16 Inv#3164 Interest Received -358.09 Inv#3182 Interest Received -34.14 Inv#3191 Interest Received -119.5 Inv#3226 Interest Received -99.7 Inv#3270 Interest Received -0.01 Inv#3271 Interest Received -5108.84 Inv#3272 Interest Received -277.84 Inv#3274 Interest Received -1.79 Inv#3278 Interest Received -1749.17 Inv#3280 Interest Received -177.5 Inv#3291 Interest Received -275.03 Inv#3292 Interest Received -382.01 Inv#3293 Interest Received -5828.64 Inv#3294 Interest Received -5561.74 Inv#3340 Interest Received -78.82 Inv#3342 Interest Received -654.64 Inv#3365 Interest Received -34.61 Inv#3366 Interest Received -171.43 Inv#3367 Interest Received -2957.62 Inv#3368 Interest Received -1191.03 Inv#3430 Interest Received -25.04 Inv#3494 Interest Received -905.65 Inv#3495 Interest Received -6603.97 Inv#3496 Interest Received -1079.26 Inv#3497 Interest Received -13842.31 Inv#3498 Interest Received -5649.37 Rcrd Paving Rev -886.31 REFUND CSJ 1069-01-033 -8562 Rcrd Apr'18 Paving Int Rev -451.72 Inv#3530 Interest Received -1528.63 Inv 143541 Interest Received -1957.15 Inv#3542 Interest Received -719.55 Inv#3543 Interest Received -3797.54 Inv#3545 Interest Received -127.49 Inv#3546 Interest Received -2617.43 Inv#3548 Interest Received -9875.5 Inv#3549 Interest Received -8680.04 Inv#3550 Interest Received -698.62 Inv#3551 Interest Received -83376.74 Inv#3552 Interest Received -19502.99 Inv#3600 Interest Received -1.02 Inv#3701 Interest Received -1130.71 Inv#4080 Interest Received -2447.85 Inv#4088 Interest Received -166.92 Inv#4089 Interest Received -383.42 Inv#4091 Interest Received -1845.36 Inv#4092 Interest Received -421.25 Inv#4093 Interest Received -3458.91 Inv#4094 Interest Received -986.42 Inv#4095 Interest Received -22043.88 Inv#4096 Interest Received -7479 Inv#4097 Interest Received -1960.21 Inv#4248 Interest Received -1313.41 Inv#4249 Interest Received -6936.51 Inv#4251 Interest Received -256.59 Inv#4252 Interest Received -17482.93 Inv#4253 Interest Received -902.51 Inv#4254 Interest Received -23175.77 Inv#4255 Interest Received -3231.96 Inv#4479 Interest Received -705.57 Inv#4480 Interest Received -5551.75 Inv#4481 Interest Received -2056.34 Inv# 10361 Investment Earning -7119.07 Inv#4510 Interest Received -21139.94 Inv#4530 Interest Received -9759.7 Inv#4531 Interest Received -9645.65 Inv#4540 Interest Received -9021.19 Inv#4551 Interest Received -181.91 Inv#4557 Interest Received -200.55 Inv#4558 Interest Received -210.47 Inv#4559 Interest Received -2744.76 Inv#4560 Interest Received -106.26 Inv#4561 Interest Received -1039.02 Inv# 10339 Investment Earning -3665.27 AVIATION - PFC -249.35 AVIATION - PFC -1163.35 AVIATION- PFC -30.73 AVIATION- PFC -259.01 AVIATION- PFC -192.72 AVIATION- PFC -737.52 AVIATION -PFC -8.78 ETI HAD -4.39 Summarized transaction -166.82 QANTAS -26.34 SINGAPORE -21.95 AVIATION - PFC -35749.19 Inv#4631 Interest Received -32.59 Inv#3020A Interest Received -1536.73 Inv#30208 Interest Received -457.21 Inv#3024 Interest Received -118.64 Inv#3025 Interest Received -12.77 Inv#3026 Interest Received -1387.02 Inv#3126 Interest Received -1393.91 Inv#3160 Interest Received -91.93 Inv#3162 Interest Received -1146.42 Inv#3163 Interest Received -864.33 Inv#3164 Interest Received -379.18 Rec 2018A CO Tax& Ltd Pldg Re -2026145.61 Inv#3182 Interest Received -37.68 Inv#3191 Interest Received -129.48 Inv# 3226 Interest Received -110.03 my int to 3271 0.08 my int to 3271 0.01 my int fr 3270 -0.08 Inv#3271 Interest Received -5384.85 my int fr 3270 -0.01 Xfer to CIP Seawall -4050000 Inv#3272 Interest Received -306.63 Inv#3278 Interest Received -1902.47 Inv#3280 Interest Received -195.17 Inv#3291 Interest Received -303.53 Inv#3292 Interest Received -310.08 Inv#3293 Interest Received -5621.14 Inv#3294 Interest Received -6135.85 Inv#3340 Interest Received -42.62 Inv#3342 Interest Received -672.11 Inv#3365 Interest Received -38.2 Inv#3366 Interest Received -189.19 Inv#3367 Interest Received -3248.94 Inv#3368 Interest Received -1300.14 Rec 2018B CO Tax& Ltd Pldg Re -7625324 Inv#3430 Interest Received -27.64 Txdot Write off 170525 - E1109 463771.35 Inv#3494 Interest Received -357.96 Inv#3495 Interest Received -6695.64 Inv#3496 Interest Received -1157.48 Inv#3497 Interest Received -15276.35 Inv#3498 Interest Received -5543.99 Reversal YE17353001 678560.74 Rcrd Paving Revenue -485.01 Summarized transaction 301325.7 Reversal VE17353001 -492380.75 CCISD CIP Reimbursement -343731.95 Rcrd May'18 Pvng Int Rev -195.16 Inv#3530 Interest Received -1698.65 Reversal YE17353001 -637574.7 Reversal YE17353001 -67681.62 Inv#3541 Interest Received -2156.7 Inv#3542 Interest Received -691.43 Inv#3543 Interest Received -3773.44 Inv#3545 Interest Received -140.7 Inv#3546 Interest Received -2888.32 Inv 4 3548 Interest Received -10295.96 Inv#3549 Interest Received -9383.47 Inv#3550 Interest Received -726.73 Inv#3551 Interest Received -89045.89 Inv#3552 Interest Received -21264.85 Rec 2018A CO Tax& Ltd Pldg Re -9776152.58 Rec 2018 GO Impt -16042476.17 Rec 2018A CO Tax& Ltd Pldg Re -4153598.51 Inv#3600 Interest Received -1.13 Inv#3701 Interest Received -1247.85 Rec 2018 GO Impt -2531333.33 Inv#4080 Interest Received -2680.12 Txdot Write off 170525 - E1109 131525.83 Inv#4088 Interest Received -55.98 Inv#4089 Interest Received -415.91 Inv#4091 Interest Received -1994.18 Inv#4092 Interest Received -464.81 Inv#4093 Interest Received -3121.5 Inv#4094 Interest Received -895.11 Inv#4095 Interest Received -24295.67 Inv#4096 Interest Received -7667.26 Inv#4097 Interest Received -1991.3 Inv#4248 Interest Received -1437.81 Inv#4249 Interest Received -7223.47 Inv#4251 Interest Received -273.34 Inv#4252 Interest Received -18681.19 Inv#4253 Interest Received -979.54 Inv#4254 Interest Received -25068.08 Inv#4255 Interest Received -3383.66 Inv#4256 Interest Received -123.89 Inv#4479 Interest Received -777.31 Inv#4480 Interest Received -3180.49 Inv#4481 Interest Received -2248.87 Inv# 10361 Investment Earning -3804.51 Inv#4510 Interest Received -22685.15 Inv#4530 Interest Received -9596.44 Inv#4531 Interest Received -10555.46 Inv#4540 Interest Received -9955.82 Inv#4551 Interest Received -200.76 Inv#4557 Interest Received -219.32 Inv#4558 Interest Received -231.49 Inv#4559 Interest Received -3029.03 Inv#4560 Interest Received -116.76 Inv#4561 Interest Received -1126.83 Inv# 10339 Investment Earning -3936.99 AVIATION - PFC -293.03 AVIATION-PFC -104.81 AVIATION - PFC -285.35 AVIATION - PFC -8.78 AVIATION - PFC -109.2 AVIATION-PFC -35.12 AVIATION - PFC -4.39 LUFTHANSA -100.75 QANTAS -26.12 AIR CANADA -92.19 AVIATION- PFC -39068.09 Inv#4631 Interest Received -35.96 STATUS SYSTEM Year Period DATE Journal LINE-NBR ACCOUNT 9 CB 2018 8 5/8/2018 98 2 344220 ACCOUNT DESC FUND ACCT-UNIT ACTIVITY.ACTIVITY-GRP ACTIVITY Cost Recovery-CIP 3530-888 ACTIVITY.LONG-DESC-2 APDISTRIB.VENDOR PO INVOICE REFERENCE Refund CSJ DESCRIPTION AMOUNT REFUND C51 1069-01-033 -8562 STA+A:TTUS SYSTEM Year Period DATE Journal LINE-NBR ACCOUNT 9 CB 2017 10 ######## 217 7 342300 9 CB 2017 10 ######## 216 4 342300 9 CB 2017 10 ######## 124 10 342300 9 CB 2017 10 ######## 119 6 342300 9 CB 2017 10 ######## 118 4 342300 9 CB 2017 10 7/6/2017 25 24 342300 9 CB 2017 10 7/5/2017 12 65 342300 9 CB 2017 11 ######## 169 7 342300 9 CB 2017 11 ######## 65 65 342300 9 CB 2017_ 11 8/7/2017 55 8 342300 9 CB 2017 11 8/2/2017 8 10 342300 9 CB 2017 11 8/1/2017 7 8 342300 9 GL 2017 12 ######## 292 6 342300 9 CB 2017 12 ######## 132 2 342300 9 CB 2017 12 ######## 127 8 342300 9 CB 2017 12 ######## 125 6 342300 ' 9 CB 2017 _ 12 ######## 78 58 342300 ' 9 CB 2017 12 ######## 63 9 342300 _ 9 CB 2017 12 9/6/2017 58 15 342300 9 CB 2017 12 9/5/2017 6 _ 80 342300 9 CB 2017 12 9/1/2017 2 62 342300 ACCOUNT DESC FUND ACCT-UNIT ACTIVITY.ACTIVITY-GRP ACTIVITY Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888_____ Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 Miscellaneous 4621-10830-888 ACTIVITY.LONG-DESC-2 APDISTRIB.VENDOR PO INVOICE REFERENCE CB543 -- -^- _� CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 • • • CB543• CB543 CB543 CB543 CB543 DESCRIPTION AMOUNT AVIATION - PFC -258.68 AVIATION - PFC -26.34 AVIATION - PFC -162.32 AVIATION - PFC -30.73 AVIATION - PFC -52.68 AVIATION - PFC -1588.52 AVIATION - PFC -280.96 AVIATION - PFC -104.81 AVIATION - PFC -4.39 AVIATION - PFC -39.51 AVIATION - PFC -570.37 AVIATION - PFC -70.24 4621 Org correctic 21282.43 AVIATION - PFC -21.95 AVIATION - PFC -8.78 AVIATION - PFC -13.17 AVIATION - PFC -61.13 AVIATION - PFC -4.39 AVIATION - PFC -140.37 AVIATION - PFC -1101.23 AVIATION - PFC -21.95 SC 0 v AGENDA MEMORANDUM /ryCDRPGpp`EO First Reading Item for the City Council Meeting of August 21, 2018 1852 Second Reading Item for the City Council Meeting of August 28, 2018 DATE: August 1, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department jayell@cctexas.com 361-826-3464 Conveyance of Parker Pool to Nueces County CAPTION: Ordinance authorizing the conveyance of Parker Pool property located at 654 Graham Road to Nueces County. PURPOSE: To provide for the donation or sale of property to a political subdivision to carry out a municipal public purpose. BACKGROUND AND FINDINGS: The County of Nueces has requested the City of Corpus Christi to convey approximately 0.63 acreage of land located at or near 654 Graham Road including the following improvements: the swimming facility known as "Parker Pool" including adjoining restroom/dressing room facilities and adjacent parking (hereinafter referred to as "The Parker Pool Property") to Nueces County. This was an agreement between the County and the City. The County advised that the property originally belonged to the County, and in order for the County to assist the non-profit, Coastal Bend Friends of Aquatics, with funding for the projects(s), the County needs to have the land conveyed to them. Terms and conditions in the conveyance documents include: (a) a restriction that The Parker Pool Property will be used by Nueces County in carrying out a purpose that benefits the public namely for public recreational swimming; (b) a reversion clause in the City's beneficial favor, if Nueces County ceases to use The Parker Pool Property for public recreational swimming purposes; and (c) the lease between the City of Corpus Christi and the Coastal Bend Friends of the Aquatics is to be assigned to Nueces County. ALTERNATIVES: Do not approve agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for donation or sale of property. 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 Warranty Deed Exhibit A Ordinance authorizing the conveyance of Parker Pool property located at 654 Graham Road to Nueces County. Whereas, in accordance with Section 272.001(1) of the Texas Local Government Code, the City Council may provide for the donation or sale of property to a political subdivision to carry out a municipal public purpose; Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all necessary documents to convey approximately 0.63 acreage of land located at or near 654 Graham Road including the following improvements: the swimming facility known as "Parker Pool" including adjoining restroom facilities and adjacent parking, (hereinafter referred to as "The Parker Pool Property") to Nueces County subject to the imposition of following reasonable terms and conditions in the conveyance documents including: (a) a restriction that The Parker Pool Property will be used by Nueces County in carrying out a purpose that benefits the public namely for public recreational swimming; (b) a reversion clause in the City's beneficial favor, if Nueces County ceases to use The Parker Pool Property for public recreational swimming purposes; and (c) the lease between the City of Corpus Christi and the Coastal Bend Friends of the Aquatics is to be assigned to Nueces County. Section 2: If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will 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 of this ordinance be given full force and effect for its purpose. 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 Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of 2016, by the following vote: Mayor Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Joe McComb PASSED AND APPROVED, this the day of ' 2018. ATTEST: Rebecca Huerta Mayor City Secretary NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED DATE: , 2018 GRANTOR: CITY OF CORPUS CHRISTI, a Texas home-rule municipal corporation GRANTOR'S MAILING ADDRESS (including County): P. O. Box 9277 Corpus Christi, Texas 78469-9277 Nueces County, Texas GRANTEE: NUECES COUNTY GRANTEE'S MAILING ADDRESS (including County): P.O. Box Corpus Christi, Texas 784- Nueces County, Texas CONSIDERATION: TEN AND NO/100 DOLLARS ($10.00) the receipt of which is acknowledged and other valuable consideration. PROPERTY: The Land described by Metes and Bounds on Exhibit A Together with and including all of Grantor's rights, title, and interest and in the rights and appurtenances in any way belonging or appurtenant to the Land,including without limitations: (i)any improvements on the Land; (ii) strips and gores, if any, adjacent or contiguous to the Land; (iii) any land lying in or under the bed of any street, alley, road, creek or stream running through, abutting or adjacent to the Land; (iv) any riparian rights appurtenant to the Land relating to surface or subsurface waters; and (v) easements, rights of ingress and egress, and prior reversionary interests benefiting or serving the Land (the Land and other appurtenant rights being referred to herein as the "Property"). RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: The conveyance recited above is made and accepted subject to all presently valid restrictions, reservations,covenants,conditions, rights-of-way, easements,mineral leases and royalty and mineral conveyances now outstanding and of record, if any, in Nueces County, Texas, affecting the above- described PROPERTY,as well as any restrictions,reservations,conditions,and covenants contained in this instrument. The sale of the Property is without minerals. GRANTOR reserves unto itself all of its right, title and interest, if any, in and to the oil, gas and other minerals in, on, or under the Property. In addition, this conveyance recited above is made and accepted subject to the Lease Agreement dated as of July 22, 2014 between the GRANTOR and Coastal Bend Friends of Aquatics Regarding Use of Parker Pool, a copy of which has been provided to GRANTEE. 1 It is the intent of GRANTEE to operate or provide for operation of a public swimming pool open to the public at the PROPERTY. If the GRANTEE ceases to provide for operation of a public swimming pool at the PROPERTY, then subject to written demand from the GRANTOR and opportunity to cure,all rights,title, and interest conveyed by this instrument shall automatically revert to and vest in GRANTOR without the necessity of any further act on the part of or on behalf of GRANTOR, it being the intent of GRANTOR to convey a determinable estate to GRANTEE. GRANTOR IS CONVEYING THE PROPERTY TO GRANTEE AS IS, WHERE IS, AND WITH ALL FAULTS, AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE FROM OR ON BEHALF OF GRANTOR, EXCEPT FOR GRANTOR'S SPECIAL WARRANTY OF TITLE STATED ABOVE. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION ABOUT THE CONDITION OF THE PROPERTY MADE BY GRANTOR, OR ANYONE ACTING ON GRANTOR'S BEHALF,BUT IS RELYING ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY. GRANTOR, for the CONSIDERATION and subject to the RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY, GRANTS, SELLS, AND CONVEYS to GRANTEE the PROPERTY, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE, GRANTEE'S successors and/or assigns forever. GRANTOR binds GRANTOR and GRANTOR'S successors and/or assigns to WARRANT AND FOREVER DEFEND all and singular the PROPERTY,except the RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY, to GRANTEE and GRANTEE'S successors and/or assigns against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through, or under GRANTOR but not otherwise. When the context requires, singular nouns and pronouns include the plural. (EXECUTION PAGE AND EXHIBITA METES AND BOUNDS FOLLOWS) 2 GRANTOR: CITY OF CORPUS CHRISTI By: Keith Selman, Interim City Manager THE STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED before me on the day of 12018, by Keith Selman,Interim City Manager,of the CITY OF CORPUS CHRISTI, a Texas home-rule corporation,on behalf of the corporation. Notary Public, STATE OF TEXAS ACCEPTED AND AGREED TO BY GRANTEE: NUECES COUNTY By: Name: Title: THE STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED before me on the day of 12018, by (title),of NUECES COUNTY. Notary Public, STATE OF TEXAS AFTER RECORDING RETURN TO: City of Corpus Christi Attn: Director of Parks and Recreation P. O. Box 9277 Corpus Christi, Texas 78469-9277 3 EXHIBIT A Metes and Bounds 4 EXHIBIT A URBAN ENGINEERING Job No. 043201.B8.06 August 6, 2018 0.63 Acre Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 0.63 Acre Tract, out of Lot D, Laguna Business Center, a map of which is recorded in Volume 27, Page 6, Map Records of Nueces County, Texas; said 0.63 Acre Tract, being more fully described by metes and bounds as follows: Commencing, at the South corner of a 1.044 Acre Tract, as described in a Special Warranty Deed from Melba Welsh Chatham, Bea Weicher Irvin, Independent Executrix of the Estate of Jane Welsh Reyes, Agnes Welsh Reyes Eyster, and N. J. Welsh, I11, to the City of Corpus Christi recorded in Document Number 939941, Official Public records of Nueces County, Texas, on the Northeast Right-of-Way line of Graham Road, a 60 foot wide public roadway, for the West corner of the said Lot D, from Whence, a 5/8 Inch Iron Rod Found, for the West corner of the said 1.044 Acre Tract, bears North 61°34'51" West, 85.09 Feet; Thence, South 61°26'08" East, with the common boundary line of the said Lot D and Graham Road, 421.99 Feet, to the Point of Beginning and for a corner of this Tract; Thence, over and across the said Lot D, and with the boundary of this Tract as follows: • North 28°34'28" East, 54.48 Feet; • North 61'25'32" West, 144.93 Feet, to the West corner of this Tract; • North 281134'28" East, 45.75 Feet; • South 61'25'32" East, 72.15 Feet; • North 73013'28" East, 43.06 Feet; • North 16°46'05" West, 15.49 Feet; • North 61'25'32" West, 25.50 Feet • South 73°06'13" West, 40.99 Feet; • North 61'25'32" West, 23.67 Feet; + North 15°51'03" West, 19.80 Feet; • North 61'25'32" West, 78.38 Feet; • North 28°3438" East, 58.50 Feet; • North 89°50'42" West, 21.20 Feet; • North 16°29'42" West, 2.00 Feet; • North 28°33'52" West, 48.06 Feet; • North 73°32'30" East, 2.00 Feet, to the North corner of this Tract, from Whence, a Pinched Iron Pipe Found, for the North corner of Lot D, bears North 61'25'42" West, 179.68 Feet,North 28°33'52" East, 298.96 Feet; • South 16°54'35" East, 34.69 Feet; • South 61°25'32" East, 36.22 Feet; S:1Surveying1432011B8061OFFICEIMETES AND BOUNDSIFN 43201 0.63Ac 20180807.Doc Page 1 of 3 OFFICE: (361)854-3101 2725 SWANTNER DR. •CORPUS CHRIST[,TEXAS 78404 FAX(361)854-6001 www.urbanenp,.com TBPE Firm# 145 • TBPLS Firm# 10032400 EXHIBIT A • North 28°34'28" East, 35.42 Feet; • South 61°26'08" East, 36.12 Feet; • South 03°23'20" East, 25.21 Feet; • South 61'25'32" East, 23.73 Feet; • South 16°41'37" East, 39.52 Feet; * North 74°01'07" East, 82.14 Feet; • South 16°29'50" East, 25.74 Feet; • South 71°14'32" West, 8.72 Feet; • South 28°34'28" West, 22.67 Feet; • South 16°5632" East, 4.45 Feet; • South 61'30'46" East, 27.27 Feet; • North 73°09'48" East, 102.35 Feet; • South 16°57'36" East, 5.00 Feet, to the East corner of this Tract, from Whence, a 112 Inch Iron Pipe Found, for the Southeast corner of Block C-3, Laguna Business Center, a map of which is recorded in Volume 45, Page 8, Map Records of Nueces County, Texas, bears South 61'25'32" East, 91.40 Feet,North 28°33'52" East, 670.63 Feet; • South 73°02'24" West, 104.15 Feet; • North 61°25'32" West, 38.81 Feet; • South 72°12'56" West, 13.13 Feet; • South 28°34'28" West, 39.96 Feet; • South 72°16'41" West, 42.66 Feet; • South 28°3428" West, 31.44 Feet; • South 61'25'32" East, 77.73 Feet; • South 28°34'28" West, 78.48 Feet, to the said common boundary line of Lot D and Graham Road; S.1Surveying1432011B8061OFFICEIMETES AND BOUNDSIFN_43201_0.63Ac 20180807.Doc Page 2 of 3 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX (361)854-6001 www.urbanenp-.com TBPE,Firm# 145 •TBPLS Finn# 10032400 EXHIBIT A Thence, North 61'26'08" West, with the said common boundary line, 24.00 Feet, to the Point of Beginning, containing 0.63 Acres (27,443 Square Feet) of Land, more or less. Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. 0.63 Acre Tract is located within the City limits of Corpus Christi, Texas and a subdivision based on this description may be in violation of the current City of Corpus Christi subdivision ordinance. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of Tract described herein. U1 J3AN ENGINEE G �{G. tF..`Ci\ �4 • GySTERE JRMES..©,A..l [ 4° James D. Carr, R.P.L.S. A 6 5 8 License No. 6458 ©PE5S1o��©� S:1Surveying1432011138061OFFICEIMETES AND BOUNDSIFN_43201_0.63Ac_20180807.Doc Page 3 of 3 OFFICE: (361)854-3101 2725 SWANTNER DR. r CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.co TBPE,Firm 9 145 •TBPLS Firm# 10032400 EXHIBIT A LINE BEARING DISTANCE Block C-3 Li N28'34 28"E 54.48' oem�aeed ormna9e Eo�er,e„1 Laguna Business Center L2 N2934-28 E 45.75 Log—3-1....Ceoter Vol. 27, Pg, 5, Map L3 N73'13'28 E 43.06 Vai,D.Pg.s,Man Records of Nueces County, Texas L4 N16'46 05 15.49 Re�oras or Nueces county T—, N61'25 32 W 25.50 L6 S73'0613 W 40.99' L7 N61'25 32'W 23.67' LS N15'51 03 19.80 Sfi I'25'32"E 91.ao' r15 N28'34 38"E 58.50' N89'S0 42"W 21.20 N16'29'42 W 2.D0 .n 1 1b N28'33 52 E 48.06 m L17 �jr �� �• N73'32 30 E 2.00 'z N61'25'42"W t79.b8' �� lj djV S16'54'35 E 34.69' S L19 561'3428 E 36.22' J ryk 0^ N28`34 28 E 35.42 ellL1b A�, Of O L18 SC—)3-2320 E 25.2 ' �r L2s �'aPJnArO� Notes' c L19 S61'25 32 E 23.73 0 o L20 S16'41 37"E 39.52 L27 1.)Grid Savings and Distances shorn Maroon are -,o L21 S16'29 50 E 25.74 -e� rofaranosd to the Tens Coordinate System of o— L22 S71'14'32 W 8.72 l �,1� 4.89 Acres v 1983, Tema South ions 4205, and aro based 31: 1� `� on the North American Datum of 1983(2011) L23 S2834 28 22.67' !27.449 84f) Epoch 2010.00. (Record Bearing/Distance) L24 §1-9'56'32"E 4.45 L25 S61'3046E 27.27 9 2.)Some features shown an this Survey may be L26 S1657 36 E 5.00 0 out of scale for darlty. L27 N61'25 32 W 38.81 L5 3.)This Survey was prepared from field data L2S72'12 56"W 13.13 obtained an August 3,2018. L299 52834 28'W 39.96 L30 572'16'41 W 42.66 N81'25'321Y 7838' le L7 4.)Q63 Acre Tract is located within the qty L31 S2834 28W 31.44' limits of Corpus Christi. Texas and a L32 N61'26 08 W 24.00 S81'2W32'E 7218' subdivision based an this sketch/description may be In violation of the current qty of Lot D 77.73' (S61-2.-W= Christi subdivision ordinance.Laguna Business Center Vol. 27, Pg 6, Map Records of Nueces County, Texas g Sketch to Accompany N81'2S'32'W 144.93' FIELDNOTES for a 0.63 Acre Tract, out of Lot D, Laguna Business Center, a map of which is recorded in Volume �Xm 27, Page 6, Map Records of Nueces County, Texas Point of Commencment Point of Beginning A N61'34'51"W S61'26'08"E 421.99' L32 vl 85.09' DATE: Aup. 08, 2018 Legend: Graham Road URBAN SCALE: 432 (so' Row) ENGINEERING JOB N. : 43201.88.06 •1/2 Inch Iron Rotl Found SHEET: 1 OF 1 01 Inch on Pipe Pinchetl Found e.on�rsrs ou n�rew, Q 5/8 Inch Iran Rod Found DRAWN 8Y' MDG urbaneurveyl®urbaneng.com 02018 by Urban Engineering se O E v AGENDA MEMORANDUM NCORPORA1E Future item for the City Council meeting of August 21, 2018 1852 Action Item for the City Council meeting of August 28, 2018 DATE: August 2, 2018 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, CFM, Director, Planning and ESI Daniel Mc(a�cctexas.com (361) 826-7011 Rudy Betancourt, Director of Housing and Community Development RudyB(a-).cctexas.com (361) 826- 3021 Resolution adopting the La Molina — Near West Existing Conditions Report CAPTION: Resolution adopting an Existing Conditions Report for the La Molina — Near West Area which is bordered by SH 358 and Saratoga Boulevard to the West, SH 286 to the East, Agnes Street to the North, and SH 286 to the South. PURPOSE: The report identifies factors such as Infrastructure, Social and Recreational Facilities, Public Safety, Housing and Blight, Schools, Public Services, and Business Development that have occurred within the designated area. The report also identifies funding expended and allocated for future public investment efforts of the La Molina — Near West area. BACKGROUND AND FINDINGS: The Texas Department of Housing and Community Affairs (TDHCA) allocates housing tax credits under the federal housing tax credit program. At least 15% of each region's credit allocation is targeted to developments at risk of losing affordability and subsidy. The adoption of this report improves the competitiveness of affordable housing projects in the La Molina — Near West neighborhood when applying for housing tax credits. ALTERNATIVES: None OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed La Molina — Near West Existing Conditions Report confirms to City Policy. EMERGENCY /NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Housing and Community Development, Planning and ESI, 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 RECOMMENDATION: Staff recommends adoption of the La Molina — Near West Existing Conditions Report. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A— La Molina — Near West Existing Conditions Report Exhibit B — Supporting Info for La Molina — Near West Existing Conditions Report Resolution adopting an Existing Conditions Report for the La Molina — Near West Area which is bordered by SH 358 and Saratoga Boulevard to the West, SH 286 to the East, Agnes Street to the North, and SH 286 to the South; Whereas, the City of Corpus Christi, Texas has considered the revitalization needs of the La Molina - Near West area (the "Designated Area"); Whereas, the City's considerations have incorporated public input on factors including, but not limited to the following that may impact the Designated Area's need for revitalization: Infrastructure, Social and Recreational Facilities, Public Safety, Housing and Blight, Schools, Public Services, and Business Development; Whereas, the City Council has reviewed the La Molina — Near West Existing Conditions Report for the Designated Area (the "Report"); Whereas, the Report contemplates activities that have already been performed in the Designated Area and funding that has already been awarded to the Designated Area for such activities, along with additional and future proposed activities and funding for the Designated Area; and Whereas, the City believes that the full funding for the activities described in the Report will be available; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: Section 1. The City hereby adopts the Existing Conditions Report for the La Molina — Near West Area attached in Exhibit A. Section 2. This Resolution shall become effective immediately upon its passage. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 EXHIBIT A • La Molina-Near West Existing Conditions Report EXHIBIT A LA MOLINA-NEAR WEST EXISTING CONDITIONS REPORT INTRODUCTION The City of Corpus Christi is a beautiful bayfront community with a population of over 325,000 and one of the largest ports in the nation. As the City grows and continues to develop, it becomes increasingly important to ensure that certain older areas are not left behind to become blighted and detrimental to our residents. Over the past fifteen years,the City, school districts, and others have been planning and investing in the area referred to as La Molina-Near West, which is identified by the maps shown in FIGURES 1 and 2. These plans and investments have been intended to revitalize a deteriorating area of Corpus Christi. Despite a revitalization effort and a general understanding of the desired goals,a separate written report for the La Molina-Near West area has never been formally adopted. The purpose of this document is to identify the City's efforts to date along with additional recommended efforts needed to provide a framework for continued revitalization of the area referred to in this report as La Molina-Near West. Sources for investment in this area began with the Corpus Christi and West Oso Independent School Districts,which have provided quality education services in the area for decades.However, some schools in the area have struggled to achieve a met standard rating through the Texas Education Agency,which is what prompted the School District to increase school investments in the Revitalization Area. The City and School District utilized bond financing approved by voters in 2004, 2008, 2012, 2014, and 2018 for various improvement projects, including school improvements. These capital improvement investments are expected to continue for at least ten more years (until 2028) or until all current and future bond projects are complete. Other investments have been made from federal and state sources, such as the Texas Department of Transportation and the U.S. Department of Housing Urban Development (HUD). As the improvements have taken hold, the private sector has made increasing investments in the area as well. The infrastructure investments in schools and roadways planned or completed in the Area represent a concerted effort to revitalize the La Molina-Near West Area that has yet to be formalized through an official revitalization plan. The problems identified in this report have been identified through various citizen workshops related to the municipal bonds in which affected local residents had an opportunity to express their views on problems facing the area. Based on the nature of the revitalization occurring in the community, and to increase the potential for future investment, the adoption of this existing conditions report supports ongoing efforts by various entities to revitalize the La Molina-Near West Area. DESCRIPTION OF AREA The La Molina-Near West Area, otherwise referred to in this document as the "Revitalization Area", is represented by the map shown on FIGURE 1. The area is bounded by SH 358 (South Padre Island Drive) and Saratoga Blvd. to the West, SH 286 (Crosstown Expressway)to the East, Agnes Street to the North, and SH 286 (Crosstown Expressway) to the South. All or a portion of 1 EXHIBIT A seven different census tracts are included within the area, and it is comprised of three zip codes, 78405, 78416, and 78417. The La Molina-Near West Area has experienced a slight decrease in population within the last 18 years. In 2000, the population was 36,722, then in 2010 it was 36,551, and in 2016 it was 35,792, according to the U.S. Census Bureau.The racial and ethnic composition of the Revitalization Area is 85.7% White, 7.7% African American, 10% other race, and 2% two or more races. A majority of the population (89.5%) is of Hispanic or Latino origin of any race while only 10.5% of the population is non-Hispanic.' The Revitalization Area includes all or parts of census tracts 8, 9, 10, 16.01, 16.02, 17.01, and 18.01. The median age in the Area is 35.4 years and 75.4% of the population is over the age of 18. The median household income is $35,152 and 29% of the population in the Revitalization Area has income below the poverty level according to the U.S. Census Bureau 2016 American Community Survey 5-Year Estimates. Furthermore,the Revitalization Area encompasses the La Molina neighborhood(see FIGURE 1), which was the childhood home to the late Tejano music legend Selena Quintanilla. Thus,the area has significant cultural and historic value that is in the City's interest to revitalize. By adopting this document,the City of Corpus Christi is providing continued support for improvements in this historic neighborhood,to enhance quality of life in the area for current and future residents. CONSIDERATIONS IN IDENTIFYING THE AREA The Revitalization Area for this report has been identified based on several factors, including physical boundaries such as expressways or major thoroughfares, other boundaries such as zip codes and census tracts,the concentration of recently completed or planned development projects, and a desire to improve and/or revitalize the following areas: ❖ Infrastructure — Transportation, Drainage and Sewer. Several roads in the Revitalization Area are main arteries to the central business district of Corpus Christi. Streets such as Agnes Street, Old Brownsville Road/Morgan Avenue, Navigation Blvd., and Greenwood Drive connect the Revitalization Area to the central city. Each of these roads had fallen into disrepair, but received substantial improvements within the last ten years,including new asphalt,curb and gutters,sidewalks with ADA compliant ramps,RTA bus pads,utility improvements for storm water mitigation, and new signage and pavement markings. Other roads and side streets in the area will require similar improvements to prevent flooding and improve transportation within the Area. ❖ Social and Recreational Facilities. Many social and recreational facilities in the Area are older and have fallen into a state of disrepair; however,there has been an ongoing effort to revitalize many facilities. The largest recreational facility in the Area is the Gabe Lozano Golf Center, a 225-acre public golf course that sits along the South side of Old Brownsville Road. The course received bond financing in 2004 for various improvements. Also,several 'The U.S. Census Bureau considers race and ethnicity to be two separate and distinct concepts.Race is a person's self-identification with one or more social groups.An individual can be report as White,Black,or African American,Asian,American Indian and Alaska Native,Native Hawaiian and Other Pacific Islander,or some other race.Respondents may report multiple races. Ethnicity determines whether a person is of Hispanic origin or not.For this reason,ethnicity is broken out in two categories,Hispanic or Latino and Non-Hispanic or Latino.Hispanics may report as any race. 2 EXHIBIT A neighborhood parks identified in this report have received improvements within the last five years, but additional facility improvements are needed within the Revitalization Area to improve quality of life. ❖ Public Safety. Crime rates in the Revitalization Area vary depending on the neighborhood or corridor, but they are generally lower than the average crime rate for the City. The average crime rate for the City of Corpus Christi is 13% higher than the State average, which is 31.94% (per 1,000 residents). The La Molina-Near West Area is a relatively safe, family-friendly community, but several improvements have been made in recent years to increase public safety within the Revitalization Area. Improved lighting has been added along major thoroughfares, safe exchange places for online purchases have been established, and police patrols have increased in neighborhoods and parks. Continued revitalization of the Area and additional public safety improvements or programs is recommended to further enhance public safety in the Area. ❖ Housing & Blight. Many homes and businesses in the area are vacant, deteriorated, or have noticeable depreciation. Much of the housing stock and commercial structures are greater than fifty years old and are in significant disrepair. Many vacant properties have high grass, illegal encampments, broken windows and various other potential building/zoning code violations. In addition, nearly half(44.7%) of the total housing units in the Area are occupied by renters, which coupled with low incomes in the area, implies a demand for additional affordable rental housing. There has been an ongoing effort by the City to mitigate this issue, including in 2018 the City provided written support for the construction of three new proposed affordable housing developments in the Revitalization Area to receive Low-Income Housing Tax Credits worth approximately $16 million. Existing multi-family developments in the area may also be eligible to receive Low-Income Housing Tax Credits in the future, which would significantly contribute to revitalizing the area. ❖ Schools. There has been a significant emphasis on school quality in the Revitalization Area. The community has centered on improving the school system and schools, which include, Del Mar College's West Campus, West Oso High School, Moody High School, Cunningham Middle School, Garcia and Los Encinos Elementary Schools. Many of the schools in the Revitalization Area were old and in need of renovation when revitalization first began. Some improvements have been made, such as the roof replacement to Moody High School and the addition of Los Encinos Elementary, but additional work needs to be done to meet the educational needs of residents in the area. Access to quality schools is a critical component of community revitalization; therefore, the emphasis on school quality is critical to revitalizing this area. ❖ Public Services. The Revitalization Area is in need of improvements to Public Services, such as police and fire. Some improvements have been made to facilities outside of the Revitalization Area over the years,but there are a limited number of police and fire stations directly within the Revitalization Area. There are three nearby fire stations, one of which is within the area, and two nearby law enforcement facilities that are intended to serve the area (see FIGURE 1). However, area residents would benefit greatly from an additional police and/or fire station. The proposed 2018 bond allocates approximately$22 million for public facilities that may be used for an additional facility or upgrades to existing facilities. 3 EXHIBIT A The provision of additional services would likely reduce crime and property loss in the Revitalization Area while also improving quality of life. ❖ Business Development. The economy in Corpus Christi is largely driven by oil and gas and tourism. However, access to retail and other employment is vital to improving economic opportunities for residents in the area. One of the largest employers in the area, a payment processing company called First Data,permanently closed in 2015, resulting in a loss of around 300 jobs according to media reports. The new Del Mar College Workforce Development Center and Emerging Technology building planned for the College's West Campus will contribute to economic development of the area, through workforce training, and is expected to support existing businesses in the area. By focusing on business development and workforce training for emerging technologies, the area will see a significant impact to economic and community development. TARGETED COMMERCIAL AND RESIDENTIAL REVITALIZATION The La Molina-Near West Revitalization Area has many residential and commercial properties in various levels of disrepair. These structures are in need of renovations or need to be completely demolished and reconstructed.Although the Revitalization Area desires to attract new commercial businesses and housing projects,the emphasis of this report is also concentrated on the renovation or demolition/reconstruction of existing older buildings and improvements to surrounding streets, sidewalks, and other public spaces. The opportunities for targeted commercial and residential revitalization are as follows: 1. Commercial—Attract new businesses and expand or improve existing businesses. 2. Residential — Because of the extent of the affordable housing portfolio resulting from previously depressed economic circumstances, the focus going forward is for continued rehabilitation and redevelopment of the existing housing stock, both multi-family and single-family, along with attracting and promoting market-based housing to the area. 3. Vacant properties—Working with property owners to maintain their properties and restore pride of ownership in residential neighborhoods. IMPROVEMENT PROJECTS AND PROGRAMS ALREADY COMPLETED IN THE REVITALIZATION AREA The following improvements and programs have already been completed or implemented in the Revitalization Area. The City and other entities have been working to improve the Revitalization Area over the last fifteen years and the projects listed below reflect more than $55 million of completed improvements. See FIGURE 2 for project locations. I. Infrastructure 4 EXHIBIT A Project#1: Street improvements to Cliff Maus Road from Old Brownsville Road to Bear Lane,and SH 358 to Rockford Drive. New sidewalks, pavement markings, and storm water drainage. Completed as of i f November 2017. Source of Funding: City of Corpus Christi 2004 Bond Completed Street Improvements to Cliff Maus Rd (Google Images) FundingAmount: $1,858,000 Project#2: Reconstruction of Greenwood Drive (phase 1)from Gollihar Rd to South Padre Island Drive. Included reconstruction with new asphalt, curb and gutters, sidewalks with ADA ramps, RTA bus pads, and underground reenwood fir. utility for storm water mitigation, Sarld 2004 6 new signage and pavement markings. Completed as of ro November 2017. , . Q Source of Funding: City of Corpus Christi 2004 Project Location .L Bond (Photo from Corpus Christi City Council Presentation) Funding Amount: $2,760,000 Project#3: Street Improvements to Bear Lane from Old Brownsville Road to South Padre Island Dr. (SH 358). Complete as of November 2017. Source of Funding: City of Corpus Christi 2008 Bond Funding Amount: $4,200,000 Completed Improvements to Bear Lane (Google Images) 5 EXHIBIT A Project#4: Reconstruction of Greenwood --_ Drive (phase 2) from Gollihar to , Horne Road. This phase involved ' the reconstruction of the western portion of Greenwood Drive to a five-lane road with four travel lanes and a continuous left turn lane. - Completed in April 2018. Source of Funding: City of Corpus Christi 2012 Bond Completed Greenwood Drive Reconstruction Funding Amount: $4,808,000 (Photo from City of Corpus Christi) IL Recreational Project#5: Facility and grounds improvements to Gabe Lozano Golf Course.Work 1 completed as of November 2017. r y Source of Funding: City of Corpus Christi 2004 Bond Funding Amount: $2,756,000 Gabe Lozano Golf Course After Renovation (Photo from lozanogolfcenter.com) Project#6: Construction of Greenwood Softball Complex. Includes a clubhouse and four softball fields. Completed as of November 2017. i.. Source of Funding: City of Corpus Christi 2008 Bond Funding Amount: $2,450,000 Completed Greenwood Softball Complex (Google Images) 6 EXHIBIT A Project#7: Addition of new hike and bike trails at Dr. Hector P. Garcia Park F (Greenwood Park) to increase HIKE&BIKE TRAIL health and mobility in the Area. Improvements completed in May 2017. Source of Funding: V 0 Corpus Christi Metropolitan Planning Organization Funding Amount: $310,500 Map of HikeBikc Trails (Photo from Corpus Christi City Council Presentation) Project#8: Improvements to Westhaven Park J on Cliff Maus Drive were completed in September 2017. Improvements included a new walking trail, a multipurpose sports field,new exercise equipment,new lighting,and a new park sign. Source of Funding: Nueces County and City of Corpus Christi Parks and Recreation Dept. Funding Amount: $300,000 New ADA compliant playground at Westhaven Park (Photo from Caller-Times) III. Public Facilities Project#9.- Greenwood 9:Greenwood "Ben F. McDonald" Library remodel & facilities 4 improvement. Construction completed as of November 2017. Source of Funding: _ City of Corpus Christi 2008Bond Funding Amount: $1,500,000 Remodeled Ben F.McDonald Public Library (Photo from www.cclibraries.com) 7 EXHIBIT A Project#10: Greenwood Wastewater Treatment Plant improvements to reduce nuisance odors and risk of flooding, including the purchase of an Eco- b;O Filter system for odor control and i an ultraviolet (UV) electrical - ------- system to maintain TCEQ j # compliance standards.Construction f I began July 2016 and completed in j -- October 2017. Source of Funding: I City of Corpus Christi Capital Improvement Program(CIP) Greenwood Wastewater Treatment Plant Eco-Filter Funding Amount: $2,204,800 (Photo from City of Corpus Christi) Project#11: Construction of new wastewater lift W Point Rd Lift Station station near the intersection of West Point Road and Old Brownsville - Road to serve development in the area. Project was completed in - 2017. ' s Source of Funding: City of Corpus Christi Capital Improvement Program (CIP) Funding Amount: $1,200,000 _ W Point Rd Wastewater Lift Station (Google Maps) IV. Housing Project#12: Construction of Buena Vida Senior Village apartments located at 4650 Old Brownsville Rd. The apartments have 100 affordable units funded by Low-Income Housing Tax Credits awarded in 2008. Construction completed in 2010. 8 EXHIBIT A Source of Funding: Texas Department of Housing and Community Affairs (TDHCA)/Private Funding Amount: $9,462,975 T. Buena Vida Senior Village Residences (Photo from www.buenavidaseniorvillage.com) V. Schools Project#13: FaR Construction of new Los Encinos Elementary School on Frio Street East of Greenwood Drive. Completed in September 2017. Source of Funding: Corpus Christi Independent School ' a District 2014 Bond ' Funding Amount: $22,800,000 Completed Front Entrance (Photo from CCISD 2014 Bond Update Presentation) Project#14: Moody High School Roof Replacement. Project completed = - - December 2017. Source of Funding: Corpus Christi Independent School District 2014 Bond Funding Amount: $2,851,798 - ', Moody High School Completed Roof Replacement (Google Images) IMPROVEMENTS AND PROGRAMS PLANNED FOR THE REVITALIZATION AREA 9 EXHIBIT A The following improvements and programs are proposed or planned for the Revitalization Area. Over$54 million of improvements are expected to be implemented in the next three to five years. See FIGURE 2 for project locations. I. Infrastructure— Street & Highway Improvements Project 415: Street and sidewalk reconstruction and improvements to Gollihar Road between Greenwood Drive and SH 286 (crosstown expressway). Improvements include resurfacing, painting, and increased storm water management. Construction is targeted for completion by December 2021. Source of Funding: City of Corpus Christi Proposed 2018 Bond FundingAmount: $3,750,000 Project#16: Street and sidewalk reconstruction and improvements to Frio Street/Dorado Street/Hacala Corridor between Greenwood Drive and Martin Street. Resurfacing and storm water management. Construction is targeted for completion by December 2021. Source of Funding: City of Corpus Christi Proposed 2018 Bond FundingAmount: $1,600,000 Project#17: Reconstruction of SH 358 (South Padre Island Drive) to enhance safety and increase mobility, including ramp and signage improvements. The project encompasses a 5-mile stretch of SH 358 from Leopard Street to SH 286 (crosstown expressway). Construction is targeted for completion by the fall of 2021. Source of Funding: Texas Department of Transportation (TX DOT) FundingAmount: $8,900,000 H. Schools Project 418: Del Mar College West Campus Improvements. Improvements include a new Workforce Development Center building, which will provide specialized training for employment in Coastal Bend industries, and an expansion of the West Campus Emerging Technology Building. The facilities will provide 24,000 square feet of additional instruction space to the campus. The project is currently under construction. Source of Funding: Dell Mar College 2014 Capital Improvements Bond FundingAmount: $23,400,000 10 EXHIBIT A ., Del Mar College West Campus New Workforce Development Center Front Entrance Rendering (Turner Ramirez Architects) Del Mar College West Campus New Emerging Technology Building Expansion Rendering (GIGNAC I Architects) III. Business Development Project#19: Construction of new Fairfield Inn& Suites at the corner of S. Padre Island Dr. and Old Brownsville Rd. (522 S. Padre Island Dr.). Based on the building permit filed with the City' Development Services Department,the hotel is targeted for completion by September 2018. Source of funding: Private Funding Amount. Not identified IV. Housing Project#20: The City of Corpus Christi determined a need for more affordable housing within the Revitalization Area.As a result,the City Council provided written support for three Low-Income Housing Tax Credit developments in the La Molina-Near West Area. TDHCA typically awards at least one project per year in Corpus Christi and Avanti at 11 EXHIBIT A Greenwood is the project which received a tax credit award on July 26, 2018. • Village at Greenwood, 81-unit new construction located on Greenwood Dr. between Holly Rd. and Saratoga Blvd. • Avanti at Greenwood, 81-unit new construction located on Greenwood Dr. between Holly Rd. and Saratoga Blvd. • Casa De Manana Apartments, 99-unit reconstruction. Source of funding: Texas Department of Housing and Community Affairs (TDHCA) Funding Amount: $16,162,600 (avg. development cost per housing project) 12 EXHIBIT A CONTINUED PLANNING FOR THE REVITALIZATION AREA The improvements and programs described in this report are examples of previous and current activities implemented to revitalize Corpus Christi's La Molina-Near West community. However, the City will continue to create opportunities to establish programs, identify funding sources, or provide improvements that will revitalize the area, uplift the neighborhood and supporting area businesses to continue the cycle of improvement and avoid future deterioration. The City Planning Department will be working with the community to update the Westside Area Development Plan in Fiscal Year 2018-2019. ANTICIPATED RESULTS The initiatives described in this report will work towards reversing existing deterioration in the neighborhoods of the Revitalization Area, improve the aesthetics of the area, provide additional infrastructure for accessibility and development,increase the tax base, support existing businesses, and attract additional businesses, which will lead to increased economic opportunity for those living and working in the Revitalization Area. Each initiative in the Revitalization Area, whether already completed or planned for the future, supports a framework that will improve this area. By combining resources from the City, County, Federal, School District, and the private sector, the Revitalization Area will achieve major economic infusion. Because many of these resources have already been spent or allocated, the City is confident that the projects and programs will continue to be fully implemented as intended. 13 EXHIBIT A FIGURE 1 LA MOLINA-NEAR WEST REVITALIZATION AREA Nueces County Sheriff I r i y La Molina Fire Station 910 Neighborhood N Fire Station 48 c Fire Station#18 14 EXHIBIT A FIGURE 2 LA MOLINA-NEAR WEST REVITALIZATION PROJECTS Lo.p-d G MOWS N IQ Christi Si TX--44 E 11.1%, Maxq­A. 18 k 12 m20 3 111 194V' e,,Lc %19. .A. -7 8 4 15 LLe 7 14 rd 16 13 q U 0.45 0.9 1.8 27 msr Completed Improvements 1. Street improvements to Cliff Maus Rd. ($1,858,000) 2. Reconstruction of Greenwood Drive Phase 1 ($2,760,000) 3. Street improvements to Bear Ln. ($4,200,000) 4. Reconstruction of Greenwood Drive Phase 2 ($4,808,000) 5. Improvements to Lozano Golf Course ($2,756,000) 6. Construction of Greenwood Softball Complex ($2,450,000) 7. Construction of new hike/bike trails ($310,500) 8. Improvements to Westhaven Park($300,000) 9. Greenwood"Ben F.McDonald"Library Remodel&Improvement($1,500,000) 10. Greenwood Wastewater Treatment Plant Improvements ($2,204,800) 11. Construction of Wastewater Lift Station at W Point Rd. ($1,200,000) 12. Construction of Buena Vida Senior Village Apartments ($9,462,9 75) 13. New Los Encinos Elementary School ($22,800,000) 14. Moody High School Roof Replacement($2,851,798) Planned Improvements 15. Street and Sidewalk Improvements to Gollihar Rd. ($3,750,000) 16. Street and Sidewalk Improvements to Fnio/Dorado/Hacala Street Corridor($1,600,000) 17. SH 358 (South Padre Island Drive)Reconstruction(TX DOT) ($8,900,000) 18. Del Mar College West Campus Workforce Dev. Center& Emerging Tech. ($23,400,000) 19. Construction of New Fairfield Inn& Suites (funding amount not identified) 20. Proposed new multi-family affordable housing($16,162,600) 15 EXHIBIT B SUPPORTING INFO. FOR LA MOLINA-NEAR WEST EXISTING CONDITIONS REPORT The projects listed below ore City of Corpus Christi Bond Projects found in the attached Bond Program Summary Project#1 Street improvement to Cliff Maus Rd. Project #2 Reconstruction of Greenwood Drive Phase 1 Project #3 Street improvements to Bear Lane Project #4 Reconstruction of Greenwood Drive Phase 2 Project #5 Improvement to Gabe Lozano Golf Course Project #6 Construction of Greenwood Softball Complex Project #9 Greenwood "Ben F. McDonald" Library Remodel & Improvement EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 Street Bond Issue 2004 Projects Voter Proposition 1 Approved Status Bond 1 ADA Improvements 4,000 Complete 2 Cimarron Blvd,Ph.1-Saratoga to Yorktown 6,440 Complete 3 Cimarron Blvd,Ph.2 Yorktown to Bisons(Mirele) 2,372 Complete 4 Doddridge Street-Ocean Drive to Staples 3,495 Complete 5 Everhart Road,Ph.1-Saratoga to Cedar Pass 4,497 Complete 6 INorth Port Ave-IH 37 to US 181 1,604 Complete 7 Up River Road-Rand Morgan to McKenzie 4,465 Complete 8 Waldron Rd. Purdue to Glen Oak&Mediterranean Ext 2,474 Complete 9 Future TxDOT Participation 500 Complete 10 Neighborhood Street Reconstruction 9,428 Complete Cluster 1-Riverside Area Cluster 2-Nueces Bay/Buddy Bay/BuddyLawrence Area Cluster 3-South Port/Greenwood Area Cluster 4-Mansheim/Sunn brook Area Cluster 5-Holl /Kostor z Area Cluster 6-Alameda/Reid Area Cluster 7-Nile Area 11 Street Lighting 800 Complete 12 Street Overlays 4,200 Complete 13 Traffic Congestion Management 3,500 Complete 14 Traffic Signals(New and Upgrades) 2,130 Complete 15 Cliff Maus,Ph.2-Brownsville Rd to Bear Lane 803 Complete 16 Cliff Maus,Ph.3-SPID to Rockford Drive 1,058 Complete 17 Wooldridge Road Ph.1-South Staples to Airline 3,239 Complete 18 Wooldridge Road Ph.2-Rodd Field to Airline 4,373 Complete 19 Developer Participation 500 Complete 20 Greenwood Dr.Ph.1-Gollihar to South Padre Island Dr. 2,760 Complete 21 Laguna Shores Road-Graham to Hustlin Hornet 3,412 Complete 22 Padre Island Aesthetic Development Participation 150 Complete 23 Park Road 22 Bridge 1,400 Bid 24 Downtown Redevelopment Participation 250 Complete 25 North Beach Area Improvements 500 Complete TOTAL $ 68,350 Proposition 2-Public Health&Safety Budget Status 1 Southside Fire Station 1,500 Complete 2 ADA Co-Ed Fire Stations(1,2,6,7,11,12,13,14,and 15) 400 Complete TOTAL $ 1,900 Proposition 3-Public Facilities Budget Status 1 NW Library Expansion 2,000 Complete 2 Museum Fire Suppression,Phase 2 160 Complete 3 New Southside Library 3,500 Complete TOTAL $ 5,660 Proposition 4-Park and Recreation Budget Status 1 Sports Field Improvements 2,250 Complete 2 Golf Course Improvements(Gabe Lozano and Oso Beach) 2,756 Complete 3 Renovate Senior&Recreation Facilities 1,300 Complete 4 HEB Tennis Center 500 Complete 5 Neighborhood Parks Improvements 500 Complete 6 lWindsport Park Improvements(South Cole Park) 100 Complete TOTAL $ 7,406 Proposition 5-Bayfront Master Plan Project Budget Status 1 Bayfront Development Plan,Phase 1 11,684 Complete 37 TOTAL BOND 2004 $ 95,000 1 EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 BOND 2008 Voter Proposition 1-Streets Approved Status Bond 1 ADA Improvements 5,000 Complete 2 Bear Lane-Old Brownsville Road to SPID 4,200 Complete 3 Yorktown Blvd.-Staples to Cimarron 7,000 Complete 4 Airline Road-Saratoga to Rodd Field 8,050 Complete 5 Williams Drive,Ph.1-Rodd Field to Nile Drive 2,475 Complete 6 lWilliams Drive,Ph.2-Nile Drive to Airline. 5,470 Complete 7 Staples Street,Ph.1-Brawner to Barracuda 5,900 Complete 8 Staples Street,Ph.2-Barracuda to Gollihar 6,550 Complete 9 TxDOT Participation Projects 2,400 Complete 10 Aquarius Street-Dasmarinas to Commodores 950 Complete 11 Street Lighting-City Wide 500 Complete 12 Westside Area Street Lighting,Leopard Street(Villa to X-Town) 100 Complete 13 Street Overlays 11,815 Complete 14 Traffic Signals(New&Synchronization) 1,000 Complete 15 Kostoryz Road,Ph.1-Horne to Sunnybrook 3,675 Complete 16 Kostoryz Road,Ph.2-Sunnybrook to SPID 3,100 Complete 17 Mansheim&Helen-Gabriel to Kostoryz&Sunnybrook to Gollihar 3,245 Complete 18 Robert Street-Gaines to Ocean Drive 1,000 Complete 19 Wooldridge Road-Rodd Field to Quebec 1,510 Complete 20 Staples Street,Ph.1-Saratoga to Holly 6,850 Complete 21 Staples Street,Ph.2-Holly to Williams 4,250 Complete 22 Up River Road,Rand Morgan to IH-37(Inside City Limit Only) 3,100 Complete 23 Developer Participation 2,400 Complete 24 Flour Bluff Drive,Ph.1-SPID to Graham 3,600 Complete 25 Flour Bluff Drive,Ph.2-Graham to Don Patricio 3,250 Complete 26 Paving Assessments 2,230 Complete 27 Buddy Lawrence Drive-Antelope to IH-37 1,300,000 1,300 Complete 28 County Road 69-County Road 52 to FM 624 800 Complete 29 Charles Drive-Leopard to Maple Leaf 600 Complete 30 Palmira Street-(Encantada to Pescadores) 290 Complete 31 Downtown Streets-Chaparral 2,000 Complete* TOTAL $ 104,610 *2-way conversion under Chaparral Ph.2 Voter Proposition 2-Fire Department Approved Status Bond 1 Public Safety Warehouse for Police&Fire Departments 1,750 Complete 2 Relocation of Fire Station#5 2,000 Complete 3 New Fire Station in area of Holly/Saratoga and Ayers(#18) 2,100 Complete 4 Remodeling and Repairs to Five Fire Stations 400 Complete TOTAL $ 6,250 Voter Proposition 3-Police Department Approved Status Bond 1 Police Department Building Elevators 640 Complete 2 Vehicle Impound Facility,Ph.1 2,700 Complete TOTAL $ 3,340 Voter Proposition 4-Public Health Approved Status Bond 1 Rehabilitation of City/County Health Department Facility 1,150 Complete TOTALI $ 1,150 2 EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 Voter Proposition 5-Public Facilities Approved Status Bond 1 Greenwood Library Remodeling&Improvements 1,500 Complete 2 HVAC/Air Handling Unit/Chiller/Generator and Fire/Security Repairs 850 Complete and/or Replacement(CC Museum) 3 HVAC @ Art Museum of South Texas 600 Complete 4 Land Purchase and Improvements for NW Library 100 Pending cancellation TOTAL $ 700 Voter Proposition 6-Park&Recreation Approved Status Bond 1 Oso Creek/Oso Bay Area Park Development 2,750 Complete 2 Hike&Bike Trails-City Wide 500 Complete 3 Sports Field Lighting and Other Improvements-City Wide 3,000 Complete 4 Neighborhood Park Playground&Park Improvements-City Wide 750 Complete 5 Cole Park Renovations and Improvements 2,500 Complete 6 Greenwood Softball Complex 2,450 Complete 7 Park Operations-New Maintenance Facility 1,000 Complete 8 Broadmoor Senior Center Expansion 1,400 Complete 9 Old State School Property Development(Phase 2) 1,750 Complete 10 Heritage Park Cultural Center Historical Preservation/Restoration 1,500 Complete 11 Replacement of H.E.B.Pool Complex 2,500 Complete 12 Tennis Court Improvements(H.E.B.&Al Kruse Centers) 300 Complete 13 Bathhouse at Surfside Park(Nearby Lexington on North Beach) 300 Complete 14 Extend Promenade Northward on North Beach 500 Complete 15 North Beach Entry Development 200 Complete 16 North Beach Side Walks 200 Complete TOTAL $ 21,600 Voter Proposition 7-Bayfront Master Plan Approved Status Bond 1 Bayfront Development Plan Phase 3 (shoreline/Bayshore Park) 13,000 Complete* TOTAL $ 13,000 59 TOTAL BOND 2008 $ 150,650 *Bond scope substantially complete. 3 EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 BOND 2012 Voter Proposition 1- Street Improvements Approved Status Bond 1 Navigation Blvd,from Up River Rd to Leopard St 4,000 Complete 2 Tuloso Road,from IH37 to Leopard St 1,800 Construction 3 McArdle Road,from Nile Dr to Ennis Joslin Rd 3,100 Construction 4 McArdle Road,Whitaker Dr to Nile Dr 2,900 Construction 5 South Alameda St,from Ayers St to Louisiana Ave 2,300 Construction 6 Greenwood Dr,from Gollihar Rd to Horne Rd 2,100 Construction 7 S Staples St,from Brawner Pkwy to Kostoryz Rd 3,400 Construction 8 S Staples St,from Morgan Ave to IH37 5,300 Complete 9 Kostoryz Rd,from Brawner Pkwy to Staples St 3,300 Construction 10 Ocean Dr,from Buford St to Louisiana Ave 5,500 Construction 11 Horne Rd,from Ayers to Port Ave 900 Complete 12 Morgan Ave,from S Staple St to Crosstown Expressway 2,300 Coordinate w/Spohn Hospital 13 Twigg St,from Shoreline Blvd to Lower Broadway St 1,400 Coordinate w/Harbor Bridge 14 Williams Dr,from S Staples St to Airline Rd 1,700 Construction 15 Leopard St,from Crosstown Expressway to Palm Dr 2,600 Coordinate w/Harbor Bridge 16 Yorktown Blvd,from Rodd Field Dr to Cimarron Blvd 3,800 Complete 17 Holly Rd,from Crosstown Expressway to Greenwood Dr 2,500 Redesign 18 JFK Causeway Improvements 650 Complete 19 ADA Master Plan Improvements 2,300 Complete 20 Signal Imps&Street Lighting 2,000 Ongoing 21 TxDOT Projects 1,150 Ongoing TOTAL $ 55,000 Voter Proposition 3- Service Center Complex Improvements Approved Status Bond 1 Streets&Solid Waste Admin Bldg Roof Replacement 300 Pending add'I funding 2 Signs/Signals Operations New Shop&Office Facility 2,500 Complete 3 Fleet Maint Heavy Equip Shop Roof Replacement 350 Complete 4 Animal Care Facility Remodel/Improvements 1,150 Complete 5 Streets/Solid Waste Storage Blding w/Slab 450 Complete TOTAL $ 4,750 Voter Proposition 4- Parks&Recreation Improvements Approved Status Bond 1 City-Wide Community Parks Development&Improvements 5,000 La Retama Complete West Guth Bid Bill Witt Design Billish Construction(by HOA) HP Garcia/Salinas Complete Artesian Complete Parker Complete 2 Aquatic Facilities Repairs,Upgrades&Improvements 3,500 Collier Pool Complete West Guth Pool Construction 3 Hike&Bike Trails Development&Improvements 1,500 Bear Creek Hike&Bike Complete Schanen Ditch Hike&Bike(Yorktown to Saratoga) Complete 4 HEB&Al Kruse Tennis Centers Repairs,Upgrades&Imps 3,000 Complete 5 Ocean Drive Parks Repairs&Improvements 3,000 Cole Park Complete Swantner Park Complete TOTALI $ 16,000 4 EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 Voter Proposition 5- Museum&Library Improvements Approved Status Bond 1 Museum of Science&History Roof Replacement 1,600 Complete 2 Northwest&Garcia Libraries Roof Repairs 80 Complete 3 Shoreline Barge Dock Parking Lot Facilities ADA Imps 400 Complete 4 Central Library Roof Replacement 260 Pending add'I funding TOTAL $ 2,340 Voter Proposition 6-Public Health Approved Status Bond 1 Health Department WIC Building Roof Replacement 220 Complete 2 IHealth Department Building Parking Lot 600 Complete Voter Proposition 7-Public Safety Improvements Approved Status Bond 1 JVehicle Impound Yard&Garage,Phase 2 700 Construction TOTAL $ 700 Voter Proposition 8-Economic Development Projects Approved Status Bond 1 SeaTown Pedestrian Improvements 500 Design 2 North Beach Area Rd Imps&Area Beautification 600 Rebid 3 International Blvd Airport Entrance Reconstruction 800 Complete 4 North Beach Area Pedestrian Imps&Area Enhancements 1,000 Rebid 5 County Road 52 Extension 2,500 Complete 6 Developer Participation 3,000 Complete TOTAL $ 8,400 44 TOTAL BOND 2012 $ 87,190 5 EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 BOND 2014 Voter Proposition 1: Approved Status Bond 1 Alameda St(Kinney St to Lipan St) 1,500 Complete 2 Gollihar Rd(South Staples to Weber Rd) 7,500 Construction 3 Gollihar Rd(Kostoryz Rd to Weber Rd) 7,400 Construction 4 Morgan Ave(Staples to Ocean Dr) 3,100 Coordinate w/Spohn Hospital — 5 Corona Dr(Flynn Pkwy to Everhart Rd) 3,200 Construction 6 jAyers St(Alameda St to Ocean Dr) 3,900 Construction 7 Yorktown Blvd(Lake Travis to Everhart Rd) 3,700 Construction 8 Staples St(Alameda St to Morgan St) 2,900 Construction 9 Southern Minerals Rd(Up River Rd to IH-37) 2,400 Complete 10 Yorktown Blvd(Everhart Rd to Staples St) 7,500 Construction 11 Carroll Lane(Houston St to McArdle Rd) 3,200 Construction 12 Old Robstown Rd(Highway 44 to Leopard St) 3,000 Construction 13 Waldron Rd(Glenoak Dr to Caribbean Dr) 1,800 Complete 14 Santa Fe St(Elizabeth St to Hancock St) 1,600 Complete 15 ADA Master Plan Improvements 2,300 2016 SPMP Work Plan TOTAL 55,000 Voter Proposition 2: Approved Status Bond 1 Ayers St-Pedestrian Impvts and Turn Lane 2,000 Bid 2 Chaparral Street-Phase 2 5,000 Construction 3 TxDOT Participation 2,500 Ongoing 4 Traffic Signals and Lighting Improvements 5,000 Ongoing 5 Rodd Field Road Expansion 9,600 Design 6 IDowntown Traffic Signal and Area Impvmts 3,500 Bid 7 Ennis Joslin Road Extension 3,400 Construction 8 Flato Road 3,500 Design 9 Harbor Bridge Repl Mitigation&Support Projects(Ph 1) 3,500 Preliminary 10a North Padre Island Beach Access Roads(3A) 3,500 Complete 10b North Padre Island Beach Access Roads(2) Complete 11 North Padre Island Beach Facility 1,200 Rebid 12 Downtown Road and Streetscape Improvements 1,500 Design 13 Creekview Drive Extension 295 Complete TOTAL 44,495 28 TOTAL BOND 2014 $ 99,495 6 EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 BOND 2016 Voter Proposition 1: Approved Status Bond 1 TxDOT Participation&Mobility Improvements 2,350 Ongoing 2 Residential Street Rebuild 11,000 Design 3 ADA Master Plan Improvements 2,500 2018 SPMP Work Plan 4 Developer Participation 2,500 Ongoing TOTAL 18,350 7 EXHIBIT B Project #7 Construction of new Hike/Bike Trails EXHIBIT B FY 2017 Annual Project Listing Corpus Christi Metropolitan Planning Organization Bicycle and Pedestrian Projects Project ID: Federal Cost: $344,400.00 CSJ Number: 0916-28-066 State Cost: $0.00 Project Name: AKINS DR PEDESTRIAN & BIKE FACILITY Local Cost: $86,100.00 County Name: SAN PATRICIO Local Contribution: $0.00 From: ON AKINS DR. FROM LANG RD. Total: $430,500.00 To: WILDCAT DR. Let Date: Apr-2017 Work Type: CONSTRUCT HIKE AND BIKE TRAIL Funding Category: 9 Estimated Completion Date: Amt of funds programmed in the TIP(multiphased project): $ - Amt obligated in the program year(FY 2017): $430,500.00 Amt of funds remaining and available for use in subsequent yrs(multi-phased project) S - Project ID: Federal Cost: $508,800.00 CSJ Number: 0916-35-200 State Cost: $0.00 Project Name: SCHANEN DITCH HIKE & BIKE TRAIL Local Cost: $127,200.00 County Name: NUECES Local Contribution: $0.00 From: ALONG SCHANEN DITCH SARATOGA BLVD Total: $636,000.00 To: KILLARMET Let Date: Aug-2017 Work Type: CONSTRUCTION HIKE & BIKE TRAIL Funding Category: 9 Estimated Completion Date: Amt of funds programmed in the TIP(multiphased project): Amt obligated in the program y ear(FY 20XX): Amt of funds remaining and available for use in subsequent yrs(multi-phased project) Project ID: Federal Cost: $264,000.00 CSJ Number: 0916-35-201 State Cost: $0.00 Project Name: DR HECTOR P GARCIA PARK HIKE & BIKE TRAIL Local Cost: $66,000.00 County Name: NUECES Local Contribution: $0.00 From: AT GARCIA PARK ON GREENWOOD DR. Total: $330,000.00 To: Let Date: Aug-2017 Work Type: CONSTRUCTION HIKE & BIKE TRAIL Funding Category: 9 Estimated Completion Date: Amt of funds programmed in the TIP(multiphased project): Amt obligated in the program year(FY 20XX): Amt of funds remaining and available for use in subsequent yrs(multi-phased project) Total Federal Funds Obligated in FY 2017(Bicycle and Pedestrian Projects): $1,396,500.00 EXHIBIT B Project#8 Improvements to Westhaven Park M COMMISSIONERS COURTS LAW DEPARTMENTS COUNTY QUICK COURT ENFORCEMENT L SERVICES LINKS Commiseoners Court.Adranced Components=List&Detail Paees. • Commissioner Precinct I • Commissioner Precinct 2 PHOTO ALBUM LIST Fontlm Share&noalan.rk Feedback Print • Commissioner Precinct 4 Back Commissioner Court Groundbreaking Ceremony for Westhaven Park • Administration Updated on 03/07/20171:44 PM A partnership between Nueces County,City of Corpus Christi and West Oso ISD.Cammissloner]AG has committed $300,000 in park Improvements which indudes o new walking trail,upgraded irrigation,turf fora multipurpose sports field,exercise equipment andADA exercise equipment;improve lighting,bosketbail court,pavilion and a newporksign. LlveVideo of Meeting City's funding renovations will include improve parkingspaces,shaded seating areas and new playground equipment; West Oso ISD will help with the maintenance once park is completed. EXHIBIT B Project #10 Greenwood Wastewater Treatment Plant Improvement 3/1912018 t xfKOT4 -File#: 18-0068 Sign In SO� City of Corpus Christi-Action DetaO' CITY QF ", Details Corpus Chrl� File#: 18-0068 Version: 1 Type: Motion Title: Engineering Design Contract for Greenwood Wastewater Treatment Plant Electrical Improvements to City Home 1 eglslatlon Calendar Ultraviolet System(Capital improvement Program)Motion authorizing the City Manager,or designee,to execute a professional services contract with Lockwood,Andrews,and Newnam,Inc.(LAN)of Corpus Christi,Texas in the amount of$537,441 for Greenwood Wastewater Treatment Plant(WWTP)Electrical Improvements to Ultraviolet(UV)System for design,bid,and construction Abase services.(Capital Details Reports Improvement Program-CIP) File 9: 16-OO68 Version: 1 Mover: Rudy Garza Seconder: Debbie Lindsey-Opel Type: Motion Result: Pass Fiie created: 11/16/2017 Agenda note: On agenda: 1/9/2018 Minutes note: Engineering Design( Action: passed Title: Motion authorizing tt Christi,Texas in the i Action text: This Motion was passed on the consent agenda. design,bid,and torts Consent Votes(9:0) Sponsors: Engineering Services 9 records Group Export 1.Agenda Memo,2. Vote Attachments: on r -Greenwoo person Name Aye History(2) Text ]oe McComb 2 records Group Export Rudy Garza Aye Aye Paulette Guajardo Date Ver. Action By Aye 1/16/2018 1 City CAUnCil Michael Hunter Debbie Lindsey-Opel Aye 1/9/2018 1 City council Aye Ben Molina A­ l sir„Riihin �..__. ,.. ...... acn>t''ln='17A4756&GU4D=5964AB61-7A46-48FF-809D-8197E4AOFFF6&Options=&Search= 3/19/2018 + Xf HIB rfriS File# 16-0243 City of Corpus Christi-Action Details CITY OF Details Corpus ChrIC File#: 16.0203 Version: l Type: Resolution Title: Resolution authorizing the purchase of an Eco-Filter System for the Greenwood Wastewater Treatment City Name Legislation Calendar Plant Emmissions and Odor Control Improvement Project Resolution authorizing the City Manager or designee to purchase an EccFilter System from BioAir Solutions,LLC,of Voorhees Township,New Jersey,for a totai cost of$257,740 for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. Details Reports Mover: Lillian Riojas Seconder. Study Garza File#: 16-6203 Version: 1 Type; Resolution Result: Pass Fite created: 2/5/2016 Agenda note: On agenda: 2/1612016 Minutes nate: Resolution authonzin Action: passed Title: Project Resolution at, Action text: This Resolution was passed on the Consent Agenda. Jersey,for a total co: Consent Votes(6:1) Sponsors: Wag rWag r U�Rs3C y records Group Export Attachments: 1.6genda Memo 8i — ,vats, Person Name History(2) Tem Nelda Martinez Aye 2 records Group Export Rudy Garza Aye Date Ver, Action By Chad Magill Aye 2/23/2016 1 City Council Colleen McIntyre Absent 2/16/2016 1 City Council Ulian Riojas Aye Lucy Rubio Aye Brian Rosas Aye ncnv7ln=9SRgR1nfLGlJID=106B2518-63F3-4F78-B8EC-6C2B96BF4673&Options=IDITextl&Search=Greenwo 3119/2018 C&Xff HJB rTirie File#: 16-0491 5�4o Di City of Corpus Christi-Action Details CITY OF Details Corpus ChriC. File#: 16-0491 Version: I Type: Modon Tide: Engineering construction contract for the Greenwood Wastewater Treatment Plant Emissions and Odor City Home _Legislation 1Calendar Control Improvements Motion authorizing the City Manager or designee to execute a construction contract with].S.Haren Company of Athens,Tennessee in the amount of$207,000 for the Greenwood Wastewater Treatment Plant Emissions&Odor Control Improvements project for the Base Bid. Details Reports Mover: Rudy Garza Seconder: Chad Magill File#: 16-0491 Version: 1 Result: Pass Type: Motion Agenda note: File created: 4/2912016 Minutes note: On agenda: 5/1712016 Action: passed Engineering eonstruc Action text: This Motion was passed on the Consent Agenda. Title: Manager or designee Consent Votes t5fi} Wastewater Treatme Sponsors: Eng ring.Services 9 records Group Export Vote 1.Agenda M Person Name Attachments: r;raenyrood WWTP 12 Nelda Martinez Aye History{2) Tart Rudy Garza Aye 2records Group Export Michael Hunter Aye Date Ver. Action By Chad Magill Aye 5/24/2016 1 City Council Colleen McIntyre Aye 5/1712016 1 City Council Lucy Rubio Aye Brian Rosas Aye Mark Scott Aye httrs-llr-nr--,hriOi 1Pnicfar rnmll anisintionDetall.asDx?ID=2715833&GUID=8503584C-53DB-4DOD-91 C4-6A47EQA817A3&0ptions=IDITextr&Search=Greenwr EXHIBIT B PROJECT BUDGET GREENWOOD WASTEWATER TREATMENT PLANT EMISSIONS & ODOR CONTROL IMPROVEMENTS FUNDS AVAILABLE: Wastewater CIP......................................................................................................... $2,204,800 FUNDS REQUIRED: Construction: Construction (J.S. Haren Company) THIS ITEM............................................................. 207,000 Construction Contingency (10%).................................................................................... 20,700 *Purchase of EcoFilter System (BloAir Solutions, LLC)....................................................... 257,740 Construction Inspection & Testing: Construction Inspection Estimate (TBD).......................................................................... $25,000 Construction Materials Testing Estimate (TBD)................................................................. $20,000 Desi n: Design Engineer(Coym, Rehmet& Gutierrez Engineering)................................................. 175,896 'Preliminary Design (Coym, Rehmet& Gutierrez Engineering)...................... 85,954 'Engineering Design (Coym, Rehmet& Gutierrez Engineering)..................... 89,942 Reimbursements: TotalReimbursements:......................................................................................... ....... 82,168 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)....... 33,072 Engineering Services (Project Mgmt/Constr Mgmt)....................................... 44,096 Misc.................................................................................................... 5,000 TOTAL.................................................................................................................... $788.504 PROJECT BUDGET BALANCE.................................................................................... $1,416,296 *Equipment Purchase approved by City Council on February 23, 2016 by Resolution No. 030773 "* Preliminary Design contract approved by City Council on June 25, 2013 by Motion No. M2013-104 —Engineering Design contract approved by City Council on September 29,2015 by Motion No. 2015-113 EXHIBIT B Project#11 Construction of Buena Vida Senior Village Apartments EXHIBIT B Gap Creds 10%Increase LIHTCAmt App App Direct Died Const. Original Eligible Acquisition Original Original New Credo eased on Based on l0 Increase in Final Total Percent TDHCA# Development Name Awarded Sitework Sitework Const Cost Cost Basis Boost Fradion Basis Syndication Gap Syndication to%Incr inCwt Incr in Cwt, C-b, Allocation Allocation Increase 0]293 Morningstar Villas $385,100 336500 336500 1,765,104 1,725,692 $ 3,592,333 130% 9692% $ 08699 $ 3448814 08999 $425669 $405,699 $210,160 $20,599 $405,699 535% 07294 Grove at Brushy Creek $506,036 432,000 432,000 2,692,591 2,831,149 5,263,125 130% 9750% $ 08499 4,300,881 08999 $563,419 512,630 $312,459 $6,594 $512,630 130% 07295 Bluestone $]58,354684,000 684000 4,010,840 3,886,422 ],446219 130% 9572% $ 08499 6498668 09099 $874,391 ]65844 $469,484 $7,490 $]65844 099% 07300 Wentwodh Apadments $907,000 666,000 666,020 5545000 5,480,333 $ 9,395,823 130% 1000G% $ 09099 $ 86]5 140 08098 $1,155,210 $1,147,914 $621,100 $240,914 $1,14],914 2656% 0]306 Zion Vllage AAadment, $541928 250,928 250,928 2,9]3,944 2,551993 $ 5,108,908130% 10000% $ 088% $ 4,945,247 08357 $622,969 $625,310 $280,292 $81041 $622,969 1495% 07309 Glenwood Trails $942,1]6 1021,856 1021,856 5,824,217 OW2932 10,]14,911 130% 1 G DO% $ 08699 8,535,563 0]849 $1315,259 1,1]4,661 $68460] $232,485 $11]4,661 24 fib% 07310 Gardensat Friendswocd Lakes $1000,000 1085724 1085724 5,383,9]8 5,138,394 $ 9,994,77] 130% 1 1 G M% $ 0W98 $ 9,463,445 09349 $1226,896 $1095,968 1 $638970 $95,968 $1095,968 D. 08091 St oneLeaf at DalhaT $68],95] 543,000 543,000 3]42,1]5 3,694,859 6,618,379 130% 10000% $ 08499 5847,052 08000 $812,917 $]84445 $428,518 $96488 $]84446 1403% 08092 Key Wesl Wllege Phase 11 $237,938 187,500 187,500 1,645000 1,653,574 $ 2,785,825 100% 100.00% $ 08991 $ 2,220,059 07492 $26],21] $320,]62 $183250 $29,279 $26],21] 1231% 08093 San Juan Square 11 $1206000 500,000 500,000 6,60],369 8,19],323 15,089,106 130% 9583% $ 09498 11]36,843 08949 $1 T/0,41] $1413,2]9 $918]3] $213,279 $1413,2]9 17J7% 08094 Sunset Terrace $975,319 900,000 900,000 4,8]3,12] 4,869,080 893],805 130% 10000% $ 08]99 8,581948 09319 $109],681 $982,652 $ST/,313 $]533 $982,852 077% 08096 Villas on Redord $1,200,000 845,826 845,826 8424004 ],818466 $ 15,009,820 100% 9545% $ 09299 $ 12,000,003 08200 $1,369,155 $1,5]6452 $926,983 $169,155 $1,369,155 1410% OB101 Jackson WINO,Retirement Center $881,320 861,000 861,000 4,300,000 4,012,088 $ 8,529,392 130% 9571%$ 08250 $ 7,268,832 07799 $999,553 $998,168 $516,100 $116,848 $998,168 1326% Balm Brookhollow Manor $204,]59 185,156 111865 905,]40 989,951 $ 1862,842 100% 10000% $ 14019]6 06500 $ 1]88,909 0]499 $22]342 $253,23] $110,182 $22,583 $22]342 1183% 08126 South fres Ranch $1200,000 710945 710945 ]3]0,055 7,585,341 $ 12,189,543 130% 9624% $ 0B500 $ 10,]25,]03 0]842 $1442,656 $14]0,809 $808,600 $242,656 $1442,656 2022% 0812BI0726819 6032 M,dTowne Apt $280,619 307,300 304936 1,209,450 1,254692 $ 2,2]],309 130% 100 DO% $ 966,354 08199 $ 2,470,886 0]449 $314,]8] $ 352,632 $155963 $34,168 $314,]8] 1218% 08129 AdeV to Apt, $312,199 211,2]5 403,106 1,504,475 1,335,910 $ 2,634,116 130% 100.00% $ 839,699 08200 $ 2,865,709 07551 $353,652 $ 402,562 $173,902 $41,453 $353,6521328% 08133 Timber Creek Senior Living $1116255 1075,000 10]5,000 5,519,5DO 0270,398 $ 10,729,529 130% 9567% $ 0B250 $ 9,28],18] 0]]99 $125]81] $12]5,33] $659,450 $147,561 $125]81] 1329% 08135 Gardensat Clearwater $]6086] ]1],200 ]1],200 3,992,200 3,837,538 $ ],13],591 130% 10000% $ 08400 $ 6,46],23] 07499 $8]],483 $ 925,183 $470,940 $116,616 $871,483 1533% 08138 R-,Place AAts $994242 895,500 895,500 5,389,200 5518661 $ 9,374231 130% 10080% $ 08300 $ 8260,714 07499 $1,153347 $1,185,343 $628,470 $159,105 $1,153,347 1600% 08140 Premier on Woodfair' $1,200,000 61],8]0 742,770 8538,649 8481,828 $ 12,118302 130% 9424% $ 08000 $ 9,648,616 0 754 $1,414,375 $1,400,283 $922,450 $200,283 $1,400,283 1669% 08142 Anson Park Seniors $]]6,637 720,000 720,000 3,993,040 3,843,331 $ 7197]45 130% 1 G DO% $ 08450 $ 6,567]09 07499 $884,554 $ 938629 $471304 $10],91] $884554 1390% 08150 Oak ManorlOak tallage Afds $1,206000 2,058710 2,058]10 6,199,205 6,324,203 $ 14,682,]9] 130% 10000% $ 4462,]30 0BODO $ 12,385,049 08800 $1,951,]60 $1,502,652 $838291 $302,652 $1,502,652 2522% 08151 Ped,view T.D.. $985000 889,500 889,500 4,863,000 4,981,338 $ 9,108,035 130% 10080% $ 08400 $ 8499,996 07399 $1,117,413 $1,226,50] $575,250 $132,413 $1,117,413 1344% 08158 Villas at B-umont $376,000 308,500 308,500 1619,924 1556,861 $ 3,478,236 13D% 10000% $ 08400 $ 3,207,411 07199 $424,309 $ 472,304 $192842 $48,309 $424,309 1285% 08160 1T,,Pelmas $1,200,000 1,486000 1,48D,ODG 89060DO %MJ46 $ 14427,040 100% 100.DO% $ 0W02 $ 11,660,540 09002 $1,391,908 $1,387]90 $1,038600 $187790 $1,387792 1565% 08163 San Eh-G.Palms $748456 715,000 715,000 4226000 4,306,700 $ 6,919,900 130% 10000% $ 07800 $ 59D59D0 07800 $854043 $ 826436 $493,500 $71,980 $826436 962% 08174 Oakleaf Estates $]36,]82 716,000 1 716,000 3,841,000 3,875,914 $ 6978899 130% 10080% $ 08200 $ 6,041,392 0]]99 $857544 $ 833,044 $455,700 $96262 $833044 1307% 08176 Maeghan Pointe $1,083,920 720,000 720,000 5,976,000 6,401,182 $ 16268,281 130% 1000G% $ 09000 $ 9,906805 07750 $1,261,653 $1,363,998 $669,600 $177733 $1,261,653 1640% 08182 S-,c Apt $359,146 512,874 565,763 1,463,826 1,416937 $ 3,215,086 100% 100 DO% $ 2,581,721 08200 $ 3,973,395 G 749 $398,799 $ 556,216 $19],6]0 $39,653 $398,799 1184% 08184 Washington Hotel Lofts $396225 73,200 75,200 2,243,000 2,235000 $ 4,598,895 100% 10000% $ 537,600 08299 $ 3330,555 08299 $453777 $ 429,157 $231,020 $38,932 $429,157 998% 08193 Sphinx at Rei Senior $1,200,000 1,169,350 1,169,350 6,558,174 6,080,800 $ 12,29554] 130% 10000% $ 08200 $ 9,940,073 0B200 $1,508,127 $1,306442 $772,752 $106442 $1,306,442 887% 08195 Chateau Village Apt $1093,892 348,148 207,000 5,431851 5,523,000 $ 8,399,416 130% 10000% $ 5,222,837 08600 $ 16550,162 08448 $1219,712 $1316,613 $573,000 $125,820 $1219,712 1150% 08198 Highland Manor $1,200,000 1,19,000 1,127,000 7,426,700 1 7,162,163 $ 12,627,213 130% 9451% $ 08200 $ 10,335,6351 073% $1,469,100 $1,512,449 $855,370 $269,100 $1,469,100 2242% 08200 Ingram Square Apt $752,115 324,704 286519 3,025,497 3,065,032 $ 5,909,311 130% 10000% $ 3,400,000 08850 $ 6,9]8,98] a 789 $842,261 $ 925,943 $335,235 $96145 $842,261 1199% 08201 IR,4 Huntington Arms $367559 212,000 214,500 1,515734 1,513234 $ 3,209,724 130% 1 10080% $ 635,965 08400 $ 3087,190 07449 $413664 $ 437,623 $172,773 $46105 $413,664 1254% 08205 Wind R-, $1188,738 649,668 1172,925 5,253129 5,167,955 $ 10,261,503 130% 10000% $ 2,881]52 08700 $ 10,691,169 07500 $1359,966 $1510,034 $634,088 $1]1228 $1359,966 1440% 08207 Carpenter's Point $1200,000 896,271 1 896,271 6,869,069 6,416,355 $ 11,381,781 130% 10080% $ 08000 $ 10,288,496 07500 $1401,556 $1475,337 $776,534 $201556 $1401,556 1680% 08216 Chisum Tmil AAts $133,940 63,110 63,110 546900 534,750 $ 1,084016 100% 10880% $ 1,265748 08500 $ 1,139,021 07499 $147,876 $ 159,857 $59,786 $13,936 $147,876 1040% 08223 Evergreen at The Colony $1,200,000 1,553244 1,553244 ],9]2,149 ],324,]41 $ 14971,354 100% 10000% $ 08200 $ 10,974,002 08200 $1,433,150 $1,454456 $952,539 $233,150 $1,433,150 1943% 08232 Sakowi2 Apt $740,419 245,400 245,400 3,301015 3,635,488 $ 6,845,587 130% 10080% $ 08300 $ 6,145000 076% $832,851 $ 844194 $354642 $92,432 $832,851 1248% 08233 H eidage Pad,Vista $1,106,616 1,250,000 1,250,000 6994000 6,905,421 $ 13834,900 100% 96.14% $ 08500 $ 10,989,700 07799 $1,268,392 $1,514,780 $824,400 $161,776 $1,268392 1462% 08235 Buena Vida Senior Wllage $857951 565000 565000 4,955,000 4556 G17 $ ],932,238 130% 10080% $ 0]999 $ 6,92],]35 0]999 $974,107 $ 929,969 $511,502 $72,G18 $929,969 839% 08251 HomeT.-on Wayside $956000 1,135050 1,135,050 6,651,810 6,4]84]3 $ 16405260 13D% 9562% $ 08500 $ 8]5],071 0]499 $1,231,130 $1,271,561 $T/8686 $281,130 $1,231,130 29.59% 08253 Creekside Villas Senior Village $1206000 2,201,130 2,201,130 7441000 80]6,437 $ 14,794,652 100% 10020% $ 08460 $ 10,106]83 0]698 $1418,298 $1438,0]9 $964,213 $218,298 $1418,298 1819% 08254 Montgomery Meadows Ph..W $49899] 360,000 368000 2,430,000 2479,343 $ 4,613,506 130% 10000% $ 08200 $ 4181,952 0 765 $564,890 $ 583,131 $279,000 $65,893 $564,890 1321% 0825]10]263 Constitution Coud $947,423 816000 810,000 I 6566000 1 6,404,782 1$ 11,387,300 1 100% 1 10080% $ 08200 1$ 8189,000 1 0]]49 1 $1,091,187 $1,151,85]1 $]3],000 1 $143764 1 $1,091,18] 1517% EXHIBIT B Project #12 New Los Encinos Elementary School 6/1/2018 New Los Encinos elementary opefTSTts do PKRIS1'C/.com I Continuous News Coverage Corpus Christi w New Los Encinos elementary opens its doors Posted:Sep 05,2017 7:46 AM CDT Updated:Sep 05,2017 7:46 AM CDT By Roland Rodriguez CORPUS CHRISTI- .x ;1P I. v When school starts some CCISD students at Los Encinos Elementary probably won't believe their eyes.That's because they finally have a brand new school. Thanks to Hurricane Harvey students are starting the school year a week later. But it does not mean students and teachers are still not excited. http://www.kristv.com/story/36290289/new-los-encinos-elementary-opens-its-doors 1/2 6/1/2018 New Los Encinos elementary opefTSTts do PKRIS1'C/.com I Continuous News Coverage Corpus Christi There's nothing like the feeling of getting ready for your first day of school,especially when you have a new building. "We are absolutely thrilled about finally being able to welcome our new students on the first day of school,"said Los Encinos Principle Christine Sierra. The new elementary cost the district around$22.8 million to build.It's part of a$100- million bond package passed by voters in 2014. "The original Los Encinos campus was built in 1963. It opened up in August of 63 so moving into this brand newfacility with bigger classrooms,and bigger work space for all of our employees,as well as our students has been a long time coming. It isjust a total upgrade,and we are very grateful,and it's going to give every child here an opportunity to be successful,"said Sierra. The building includes a new gym,art room,music room,and all classrooms are set up with new technology. "The biggest highlights regarding classroom instruction are the Smart Televisions.They are 60 inch televisions,and those,in itself,are extremely up-to-date.So our teachers are so excited to use them,even the kids will be able to use them.They are touchscreen,and they can also use the pen on them,"said Sierra. This campus is built to hold 700 students and currently there are approximately 370 students. So they have room to grow. http://www.kristv.com/story/36290289/new-los-encinos-elementary-opens-its-doors 2/2 EXHIBIT B Project #13 Moody High School Roof Replacement EXHIBIT B BOARD OF TRUSTEES CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT CORPUS CHRISTI, TEXAS SUBJECT: CONSENT AGENDA DATE: July 25, 2016 PRESENTED BY: Mr. R. Xavier Gonzalez Chief Administrative Officer CONSENT ITEMS 1. APPROVAL OF AMENDED CONTRACTUAL AGREEMENT WITH RIO ROOFING, INC., FOR THE 2014 BOND ROOF REPLACEMENT AT MOODY HIGH SCHOOL BACKGROUND: The Office of Business Services, Xavier Gonzalez, Chief Administrative Officer, and the Office of the Superintendent, John Dibala, Construction Project Manager, are requesting approval of an amended contractual agreement for the 2014 Bond roof replacement at Moody High School. On April 25, 2016, the Board of Trustees approved the agreement with Rio Roofing, Inc., for the 2014 Bond roof replacement at Moody High School. The negotiated contract amount was $2,726,800. SUPPORTING DATA: The additional scope includes replacement of damaged/wet insulation under roof membrane. The contract sum will be increased by $124,998, for a new total of $2,851,798. FUNDING SOURCE: Bond Series 2014 ($124,998 increase) EVALUATION: The Board of Trustees must approve any changes to the original construction contract through the amendment process. ADMINISTRATIVE RECOMMENDATION: It is recommended that the Board of Trustees approve the amended contractual agreement with Rio Roofing, Inc., for the 2014 Bond roof replacement at Moody High School for a new total of $2,851,798. EXHIBIT B Project #14 Street and Sidewalk Improvements to Gollihar Rd. Project #15 Street and Sidewalk Improvements to Frio/Dorado/Hacala Street Corridor EXHIBIT B PROPOSITION 1 -STREETS # STREETS(ARTERIAL AND COLLECTORS) LIMITS DISTRICT COST CUMULATIVE DISTRICT 1 1 LEOPARD ST PALM DR NUECES BAY BLVD 1 $ 3,100,000 2 CALALLEN DR RED BIRD LN BURNING TREE LN 1 $ 1,100,000 3 CALLICOATTE RD UP RIVER RD IH 37 1 $ 900,000 4 BEACH AVE DEAD END AT GULFBREEZE ECAUSEWAY BLVD 1 $ 800,000 5 NORTH BEACH ACCESS MGMNT INITIATIVE LIMITS(TBD-pending ongoing study) 1 $ 2,000,000 $ 7,900,000 $ 7,900,000 DH$TRIGT2 5 S STAPLES ST KOSTORYZ RD BALDWIN BLVD 2 $ 6,500,000 6 BRAWNER PKWY KOSTORYZ RD CARROLL LN 2 $ 3,000,000 7 SWANTNER DR TEXAN TR INDIANAAVE 2 $ 2,500,000 $ 12,000,000 $ 19,900,000 DISTRICT 3 9 EVERHART RD S PADRE ISLAND DR HOLLY RD 3 $ 5,300,000 10 GOLLIHAR RD CROSSTOWN EXPWY GREENWOOD DR 3 $ 3,750,000 11 FRIO ST/DORADO ST/HACALA CORRIDOR GREENWOOD DR MARTIN ST 3 $ 1,600,000 $ 10,650,000 $ 30,550,000 DISTRICT 4 12 LAGUNA SHORES RD S PADRE ISLAND DR GRAHAM RD 4 $ 2,100,000 13 LAGUNA SHORES RD HUSTLIN'HORNET DR CARIBBEAN DR 4 $ 2,800,000 14 HOLLY RD PAUL JONES AVE RODD FIELD RD 4 $ 3,000,000 $ 7,900,000 $ 38,450,000 DISTRICT 5 15 SLOUGH RD RODD FIELD RD EAST TO DEAD END 5 $ 2,100,000 16 LIPES BLVD YORKTOWN BLVD STAPLES ST 5 $ 2,900,000 17 WOOLDRIDGE RD CASCADE DR EVERHART RD 5 $ 1,700,000 18 STRASBOURG DR ROM ST MARSEILLE DR 5 $ 1,500,000 $ 8,200,000 $ 46,650,000 CITYWIDE ONGOING PROJECTS 19 TXDOT PARTICIPATION/TRAFFIC CONGESTION MGMNT $ 1,250,000 20 TRAFFIC SIGNAL IMPROVEMENTS $ 1,000,000 21 STREET LIGHTING IMPROVEMENTS $ 500,000 22 ALTERNATIVE MOBILITY(CITY MATCH) $ 250,000 23 ADA IMPROVEMENTS(SPMP) $ 2,350,000 $ 5,350,000 $ 52,000,000 PROPOSITION 1 TOTAL $ 52,000,000 PROPOSITION 2-ADDITIONAL STREETS # STREETS(ARTERIAL AND COLLECTORS) LIMITS DISTRICT COST CUMULATIVE DISTRICT 1 1 DOWNTOWN MGMNT DISTRICT IMPROVEMENTS TBD-Ongoing TIRZ No.3 study 1 $ 1,500,000 2 LEXINGTON BLVD LEOPARD ST HOPKINS 1 $ 2,500,000 $ 4,000,000 $ 4,000,000 DISTRICT 2 3 EVERHART RD S PADRE ISLAND DR McARDLE RD 2 $ 1,250,000 4 ALAMEDA ST CHAMBERLAIN ST LOUISIANA ST 2 $ 2,500,000 $ 3,750,000 $ 7,750,000 DISTRICT 3 5 MCARDLE KOSTORYZ CARROLLANE 3 $ 1,225,000 6 CASTENON TROJAN DR DELGADO 3 $ 1,000,000 7 JUNIOR BECK BEAR LANE DEAD END 3 $ 1,500,000 $ 3,725,000 $ 11,475,000 DISTRICT 4 8 PADRE ISLAND ACCESS MGMNT INITIATIVES TBD-Ongoing MPO/City Accss Mgt Study 4 $ 1,500,000 9 AIRLINE RD S PADRE ISLAND DR McARDLE DR 4 $ 2,100,000 10 LAGUNA SHORES MEDITERRANEAN DR WYN DALE ST 4 $ 2,875,000 $ 6,475,000 $ 17,950,000 DISTRICT 5 11 SOUTH OSO PKWY S STAPLES ST S OSO PKWY 5 $ 450,000 12 LONGMEADOW DR ST ANDREWS DR HUNT DR 5 $ 1,600,000 $ 2,050,000 $ 20,000,000 ALL DISTRICTS 13 DEVELOPER PARTICIPATION All $ 2,000,000 $ 2,000,000 $ 22,000,000 PROPOSITION 2 TOTAL Is 22,000,000 PROPOSITION 3-PUBLIC SAFETY&FACILITIES 1 POLICE DEPT COMMUNICATION SYSTEM UPGRADE $ 2,400,000 2 FLOUR BLUFF POLICE SUBSTATION ALTERATIONS/EXPANSION $ 800,000 3 FIRE DEPARTMENT EMERGENCY POWER UPGRADES $ 300,000 4 FIRE DEPARTMENT DRIVEWAY AND APPARATUS BAY IMPROVEMENTS $ 900,000 $ 4,400,000 5 PARKING RENOVATIONS AND UPGRADES $ 2,000,000 6 MECHANICAL,ELECTRICALAND FIRE ALARM UPGRADE PROJECTS $ 4,100,000 7 ROOF REPLACEMENTAND UPGRADE PROJECTS $ 4,950,000 8 ADA BUILDING IMPROVEMENTS PROJECT $ 750,000 9 ELEVATOR MODERNIZATION AND UPGRADES $ 1,500,000 10 INTERIOR/EXTERIOR UPGRADES $ 1,800,000 $ 15,100,000 11 PARKS&RECREATION AND SENIOR CENTER PARTICIPATION PROJECT $ 750,000 12 PARK SYSTEM PLAYGROUND IMPROVEMENT PROJECTS $ 750,000 13 SPORTS FIELD AND LIGHTING SYSTEM IMPROVEMENTS PROJECTS $ 1,000,000 $ 2,500,000 $ 22,000,000 PROPOSITION 3 TOTAL Is 22,000,000 * Street projects do not include utility costs(typically 1:1 match). Grand Total 1 $ 96,000,000 EXHIBIT B Project#16 SH 358 (South Padre Island Drive) Reconstruction (TX DOT) EXHIBIT B SH 358 RECONSTRUCTION CORPUS CHRISTI DISTRIC16 PROJECT OVERVIEW Location Project History A portion of SH 358,also known as A substantial reconstruction of SH 358 South Padre Island Drive(SPID),is being from Ayers Street to Nile Road was reconstructed within the city limits of approved through an environmental Corpus Christi in Nueces County.The 15- study completed in July 2005.Shortly Project Location mile project begins north of Leopard thereafter,Bay,Ltd.was selected Street and continues tojust east of Flour through a competitive bidding process to g"a Bluff Drive,with the most significant construct initial improvements on the ro.`„$Fo improvements occurring between Ayers Street and Nile Road. north side of SH 358.These were i c PUS finished in January 2011,and have i sn e Project Need resulted in increased safety and mobility � a a Improvements are necessary to enhance for vehicles traveling westbound.The current SH 358 mainlane and frontage user safety and improve mobility along SH 358,specifically addressing the road improvements will complete following issues: reconstruction efforts for the south s ¢ (eastbound)side of this heavily-traveled s. Conflicts between vehicles merging to corridor.Bay,Ltd.will construct the ws and from the eastbound mainlanes improvements,while AIA Engineers,Ltd. and frontage roads,resulting in will oversee construction activities. reduced travel speeds and increased potential for crashes. Project Features Limited space on the eastbound Widening and construction of auxiliary, frontage roads to handle vehicles or"merge"lanes on the eastbound �\ exiting the freeway,resulting in mainlanes and frontage road- IN intersection backups onto the Eastbound entrance/exit ramp mainlanes. reversals and reconstruction- Out-of-sync traffic signals and Median barrier improvements. deteriorating sidewalks along the eastbound frontage road. ' Traffic signal and sidewalk improvements. Outdated Intelligent Transportation Safety lighting and ITS improvements. System(ITS)technology and lighting. SH 358 RECONSTRUCTION I CORPUS CHRISTI DISTRICT PHASES SH 358 AT A GLANCE Major East-West Corridor Reconstruction Overview • Remove existing mainlane(ML)median barrier,reconstruct inside SH 358 is an urban freeway located within The current reconstruction project will shoulders,and add temporary median barrier between Ayers Street and a significantly developed area of Corpus address growing safety,mobility,and design Airline Road. Widen eastbound(EB)frontage road(FR)west of Kostoryz Road. Christi.It is one of the most heavily issues along SH 358 from north of Leopard traveled corridors in the TxDOT Corpus Street to just east of Flour Bluff Drive,and Summer 2018-Spring 2019 Christi District,serving commuters, will include the following improvements: businesses,and governmental entities • Replace off-ramp from EB MI-to Kostoryz Road and Carroll Lane. Including: • Widen and construct new auxiliary,or • Widen EB FR pavement and construct sidewalks in segments. "merge"lanes on the eastbound(EB) Corpus Christi Naval Air Station. mainlanes(ML)and frontage road(FR) Corpus Christi Medical Center. between Ayers Street and Nile Road to Widen EB ML bridge to four lanes at Kostoryz Road and Carroll Lane. allow drivers entering and exiting the • Widen EB ML pavement and reconstruct EB ML/FR median between • Corpus Christi and West Oso highway to safely merge with other traffic. Everhart Road and S.Staples Street. Independent School District Campuses. • Widen EB FR pavement and construct sidewalks between S.Staples Street • Reconstruct several EB entrance and exit and Airline Road. • Manufacturing and distribution facilities ramps between Ayers Street and Nile such as Coca-Cola and Fed Ex. Road,including"reversing ramps" N-OReconstruct on-ramp from Kostoryz Road to EB ML. ' Numerous retail developments and between Weber Road and South Staples • Widen EB ML bridge to four lanes at Weber Road,Everhart Road,and S. restaurants. Street to reduce traffic backups from Staples street. intersections onto the ML. Traffic Volume and Incidents 5 Summer 2020 Improve lighting and reconstruct existing • Reconstruct ML and shoulders and median barrier between Ayers Street ' Average annual daily traffic ranged from ML median barrier between Ayers Street Carroll Lane. 157,000 to 166,000 between Ayers and Nile Road to enhance safety. • Construct temporary off-ramp from eastbound ML to Everhart Road. Street and Nile Road In 2016. • Ramp reversal between Everhart Road and S.Staples Street. • Average annual daily traffic is projected ' Construct new sidewalks between Ayers IIIIIII to increase to 223,770 in 2035, Street and Nile Road to improve safety representing nearly a 40%increase. and access for bicyclists and pedestrians. • Ramp reversal between Weber Road and Everhart Road. Approximately 1,143 crashes occurred • Improve traffic signal timing and • Widen EB ML pavement and reconstruct EB ML/FR median between Everhart Road and S.Staples street. in 2016connectivity along the eastbound frontage • Reconstruct MI-shoulders and median barrier between Carroll Lane and road to increase mobility. Weber Road. PROJECT INFORMATION Reconstruct off-ramp from EB ML to Airline Road. (361)857-3084 Improve Intelligent Transportation Fall 2021 www.txdot.gov,keyword search Systems(ITS)along the entire corridor to 1 ML shouSH 358 Reconstruction" provide drivers and - • Reconstruct lders and median barriers. emergency responders Rehabilitate pavement at EB ML bridges and overlay EB ML pavement. CORPUS CHRISTI DISTRICT with accurate,up-to-the- Mill and overlay EB FR pavement. Rickey Dailey,TxDOT Media Contact minute traffic information- Texas Place pavement markings. (361)808-2300 40ofDe sporta,_ EXHIBIT B Project #17 Del Mar College West Campus Workforce Dev. Center & Emerging Tech. 6/1/2018 Del IVP's ell tj2"WoYkfAe Development Center MENU ti } - Awl PROJECT/PROGRAM LOCATION College Campus: Del Mar College's West Campus located at Old Brownsville Rd., Corpus Christi, TX 02:10 PROJECT SIZE Current Building Area: The new Space Program will be approximately 48,000 Gross Square Feet (GS F). GSF/USF: GSF includes both the Space Program noted below, as well as Unassignable Square Feet (USF) for service areas such as corridors, mechanical/electrical rooms,janitorial rooms, https://www.delmar.edu/regents-and-community/bond-2014/workforce.html 1/3 6/1/2018 Del Vgt'a e�j2"VNoYAe Development Center Base Bid: $12,600,000 Alternate Bid Total: $702,000 Total: $13,302,000 Authorized Construction Budget Building/Sidewalks/Paving: $14,500,000 Site & Utilities Extensions: $200,000 Total Authorized Budget: $14,700,000 Surplus: $1,398,000 DOCUMENTS: CONCEPT DESIGN APPROVED BY BOARD-APRIL 12,2016 PROJECT CONSTRUCTION Space Program General: This Project will house the new Workforce Development Building. Preliminary Space Program: The preliminary space program will be provided to the Project Architect prior to fee/scope negotiations. Building Assignments New Building: Approximately 48,000 Gross Square Foot total Other Construction Sitework: Will address the current parking and general site renovations. Renovations to existing Sitework and improvements as needed. Demolition of existing Sitework and improvements as needed. Additional new sidewalks, paving, lighting and other site improvements. Additional new earth work,grading,and drainage about the Project Area. Campus Utility Systems: Modify service to building and connections to such as needed. Campus Drainage: Modify drainage of site as needed. Landscaping: New Landscaping and Irrigation systems at yard/planting areas adjacent the new facilities. PROJECTTIMELINE PROCESS DATE https://www.delmar.edu/regents-and-community/bond-2014/workforce.html 2/3 6/1/2018 Del Ugt'✓ ell tj2"VVoYkfAe Development Center Complete Construction 09/18/18 Complete Closeout 11/16/18 Full Occupancy 01/02/19 Project Architect Turner I Ramirez Architects General Contractor Weaver & Jacobs Constructors Construction Manager AGICM Page last updated April 5, 2018. Del Mar College I 101 Baldwin Blvd I Corpus Christi, TX 78404 (361) 698-1200 I 1 (800) 652-3357 f © in © 2018 Del Mar College Legal Statements Student Right to Know Online Institutional Resume Jobs at DMC Have a Question? Library En Espanol Locations Public Notices Texas Veterans Portal Report Campus Crime Title IX Reporting Counseling Services Download Adobe Reader https://www.delmar.edu/regents-and-community/bond-2014/workforce.html 3/3 6/1/2018 Del Mme,IdJ 4MArgp Technology Expansion EMERGING TECHNOLOGY EXPANSION MENU � a _ 1f ; * _ PROJECT/PROGRAM LOCATION: Del Mar College's West Campus located at Old Brownsville Rd., Corpus Christi, TX PROJECT SIZE: Current Building Area: The new Space Program will be approximately 27,041 Gross Square Feet (GSF). GSF/USF: GSF includes both the Space Program noted below, as well as Unassignable Square Feet (USF) for service areas such as corridors, mechanical/electrical rooms,janitorial rooms, walls, partitions and chases. PROJECT BUDGET Base Bid: $8,068,000 Alternate Bid Total: $300,500 Total: $8,368,500 Authorized Construction Budget Building/Sidewalks/Paving: $8,600,000 https://www.delmar.edu/regents-and-community/bond-2014/emerging.html 1/3 6/1/2018 Del Mme,I1 J Wgq Technology Expansion UtRity Kelocailon/txtenslons: z>lUU,uuu Total Authorized Budget: $8,847,000 PROJECT CONSTRUCTION Space Program General: This Project will house general academic and technology programs. Preliminary Space Program: The preliminary space program will be provided to the Project Architect prior to fee/scope negotiations. BUILDING ASSIGNMENTS New Building: Approximately 27,041 Gross Square Foot total OTHER CONSTRUCTION Sitework: Will address the current parking and general site renovations. Additional new sidewalks, paving, lighting and other site improvements. Additional new earthwork, grading,and drainage about the Project Area. Demolition of existing Sitework and improvements as needed. Renovations to existing Sitework and improvements as needed. Campus Utility Systems: Modify service to building and connections to such as needed. Campus Drainage: Modify drainage of site as needed. DOCUMENTS: Concept Design Approved by Board - June 14, 2016 PROJECT TIMELINE PROCESS DATE Board Award Construction 05/09/17 Contract Notice to Proceed - Begin 05/30/17 Construction Complete Construction 09/14/18 Complete Closeout 10/28/18 Full Occupancy 01/02/19 Project Architect Gignac Architects General Contractor https://www.delmar.edu/regents-and-community/bond-2014/emerging.html 2/3 6/1/2018 Del Mme,IdJ 4M1gq Technology Expansion vvedver a %Jd(-UUb %—UF1buucwrs Construction Manager AGICM Page last updated April 5, 2018. Del Mar College I 101 Baldwin Blvd I Corpus Christi, TX 78404 (361) 698-1200 I 1 (800) 652-3357 f O " in © 2018 Del Mar College Legal Statements Student Right to Know Online Institutional Resume Jobs at DMC Have a Question? Library En Espanol Locations Public Notices Texas Veterans Portal Report Campus Crime Title IX Reporting Counseling Services Download Adobe Reader https://www.delmar.edu/regents-and-community/bond-2014/emerging.html 3/3 EXHIBIT B Project#18 New Fairfield Inn &Suites Under Construction EXHIBIT B Project#19 Proposed new multifamily affordable housing 6/1/2018 Corpus Christi a�o�As'tWis'rielu,d'Tt'e redone,affordable housing units Corpus Christi approves two new, one redone, affordable housing units for District 3 Julie Garcia,Corpus Christi Caller-Times Published 6:04 p.m.CT Feb.20,2018 Two new,and one reconstructed,affordable housing projects have been approved for Corpus Christi, bringing r_, the number to 46 such complexes in the city. The Village at Greenwood,6018 Greenwood Drive,and Avanti at Greenwood,6102 Greenwood Drive,will have about 81 apartments each. Sixty-nine of the Village apartments will serve families at or below 60 percent of the area's median income;73 (Photo:Contributed/CityofCorpus ofAvanti's apartments will serve low-income(60 percent)families. Christi) Casa de Manana Apartment Project,4702 Old Brownsville Road,will be demolished and rebuilt.The new complex will have 99 apartments,according to a city presentation. All three will be in the city's District 3.The developer is TG 110, Inc.,a San Antonio-based company. The district's council member, Lucy Rubio,spoke in favor of the new housing units at last week's council meeting. RELATED: City considers fixes for affordable housing shortage(/story/news/local/2017/02/21/council-talk-special-election-affordable- housing/98150542/) "Well, I'm super excited that they're all in District 3. Like I've said, District 3 is open for business,"Rubio said."It's in my area; I live by there.This land has been vacant a long time.We need it there." Los Encinos Elementary,on Frio Street,opened its doors at the beginning of the school year. Rubio said she's excited to welcome more families to the area. "We have a need because of Hillcrest(neighborhood relocation)having to find homes.Those families need homes," Rubio said. According to a city map of affordable housing for multifamily use, District 3 has 12 affordable housing complexes already. https://www.caller.com/story/news/local/2018/02/20/corpus-christi-approves-two-new-one-redone-affordable-housing-units-district-3/355619002/ 1/3 6/1/2018 Cnrnim Christi aEXr)x HJAhs'rfaT BI-rarinna affordable housing units ..ate. Rachel Denny Clow/Caller-Times The grand opening of the Woodland Creek Apartments was Friday.First built in 1981,the affordable housing complete has been rebuilt.(Photo:Rachel Denny Clow) Affordable housing,defined by the U.S. Department of Housing and Urban Development, is deemed affordable to those with a median income household as rated by local income guidelines,said Rudy Bentancourt,director of housing and community development for Corpus Christi,in an email. The new development projects are not"Section 8"housing,which is a voucher program which authorizes the payment of rental housing assistance to private landlords on behalf of low-income households, Bentancourt said. District 1 council member Carolyn Vaughn and council member at-large Paulette Guajardo questioned whether nearby residents had been notified of the affordable housing complexes. The area where the new development projects will go is already zoned for multifamily use,which means that nearby residents do not need to be notified, according to Miles Risley,city attorney. mer ...'�1 Caller-Times file Corpus Christi city officials and project stakeholders scoop dirt with shovels during the groundbreaking event for Lexington Manor,an affordable housing complex,last spring. THAT SUMMER FEELING naps://www.caiier.com/stary/news/iocai/zuioiuuzu✓corpus-cnnsti-approves-two-new iywu 2/3 F/1/7(118 Cnrniis Christi aRTS(nOAs'tin/Tria`TVJPUednna affnrrlahla hniminrn iinits Though each project required a separate resolution,all Q}j�Ove are in Corpus QhtkO/P2e ctfllexbom�#egatyffxWh means the developer would only 7 Cr Per Month' 9ps- receive tax credits for one of the complexes. source=BENBjun&utm_medium=nanobarap&utm_source=bounce- excha nge&utm_cam pa ig n=SUMMERI8) Under the Texas Department of Housing and Community Affairs Housing Tax Credit Program,tax credits and points are awarded to eligible developers to offset a portion of their federal tax liability in exchange for the production or preservation of affordable rental housing.The tax credits are not guaranteed. By the council approving the resolutions,the maximum number of points are given to the developer. BY THE NUMBERS Affordable housing for multifamily • District 1: 14 • District 2:8 • District 3: 12(plus two new) • District 4:4 • District 5:7 Source:City of Corpus Christi Twitter:@reporterjulie(https://twitter.com/repoteerjulie), Read or Share this story: http://callertim.es/2omG38L naps://www.caiier.com/story/news/iocauzu i o/uuzucorpus-cnnsti-approves-two-new-one-reuone-atroruaoie-nousing-units-aistrict-3i3000 i yuuu 3/3 se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2018 NCORROP pEO 1852 Action Item for the City Council Meeting of August 28, 2018 DATE: August 21, 2018 TO: Keith Selman, Interim City Manager FROM: Esther Velazquez, Assistant to City Manager EstherV(a-).cctexas.com (361) 826-3093 Kim Baker, Assistant Director of Financial Services—Purchasing Division KimB2 c(D.cctexas.com (361) 826-3169 Museum of Science and History Management Services CAPTION: Motion authorizing a five year service agreement for the management of the Museum of Science and History with Friends of the Museum of Science and History, Corpus Christi, Texas for a not to exceed value of $1,300,000.00 plus revenue/incentive fee and marketing funds. PURPOSE: The purpose of this agenda item is to execute a contract for the management of the Museum of Science and History. BACKGROUND AND FINDINGS: The Museum of Science and History has been operated by an outside Contractor for the past five years. It is the City's intent to operate this center in a manner that is fiscally responsible with the objective of offering diverse event activity to area residents and visitors. The City contracts the management services out to firms that specialize in the management of these types of facilities. The current contract expires at the end of September 2018. A Request for Proposals (RFP) was issued in order to have a new contract in place before the current contract expires. Two proposals were received and were evaluated by an evaluation team against the published criteria in the RFP. Minimum qualifications were evaluated under a pass fail system and the firm's experience, team's experience and understanding of the scope of work were evaluated on the published point system as outlined in the RFP. The firms were also interviewed and scored based on the same published criteria and a final score was developed for each firm. Then the cost proposal was evaluated for each firm and the pricing score was tabulated and added to the technical proposal and interview scores to determine the highest scoring firm. The staff recommends awarding a service agreement to Friends of the Museum of Science and History for the management of the Corpus Christi Museum of Science and History as the highest scoring firm. The price structure was set at a not to exceed value for each year that reduced at a rate of 5% per year to lessen the burden on the taxpayers to fund this Museum. The Friends of the Museum of Science and History proposal reduced the current cost of the operating the Museum by over fifty percent saving the taxpayers approximately $1.5 million dollars over the five year period. ALTERNATIVES: No feasible alternatives are available. OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: City Manager's Office and Purchasing Division FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $1,300,000.00* $1,300,000.00* Encumbered / Expended Amount $0.00 $0.00 This item $1,300,000.00* $1,300,000.00* BALANCE $0.00 $0.00 Fund(s): General Fund Comments: *The contract value total is a not-to-exceed $500,000.00 plus revenue/incentive fee and marketing funds for the first year, of which all will be funded in fiscal year 2019 and contract years 2-5 will be funded in future years' budgets. The total contract value for five years will be a not-to-exceed $1,300,000.00 plus revenue/incentive fee and marketing funds. RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: RFP Matrix Service Agreement Presentation RFP No. 1703 - Museum of Science and History Management Services Kim Baker Friends of the Library Systems Proposal Evaluation Museum of Science Services and History Minimum Qualifications No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal Technical Proposal (50 points) 35 42 Firms' Experience (18 points) Team Experience (18 points) Understanding of Project Scope (14 points) Interview Interview (30 points) 23 22 Firms' Experience (8 points) Team Identificaton (10 points) Understanding of Project Scope (12 points) Price Price (20 points) 20 10 Totall 78 74 1 C'J CORPUS CHRISTI MUSEUM of SCIENCE and HISTORY Corpus Christi Museum of Science & History Council Presentation August 21, 2018 Background SCIENCE - HISTORY Prior to September 2012: Museum was a City Department September 1, 2012: City Enters into a Public/Private Management Agreement: • City Owns Land, Building & Collections • Management Company operates all aspects of the Museum including maintaining certification and accreditations September 30, 2018: Current Management Agreement Expires iL �i�� RFP Process 0 U016nn of SCIENCE d"=RY June 4, 2018: RFP Issued July 11, 2018: Proposals Due RFP Team: Comprised of 4 City staff members from various City Departments (City Manager's Office,Financial Services Purchasing Division,Parks and Recreation,Legal) and 2 external stakeholders from: •Museum Advisory Board -Fort Worth Museum of Science and History August 1, 2018: Interviews Conducted Scoring Based on: • Technical Proposal • Interview • Price 3 i 1 Friends of the Museum � Of Science and Histor SCIENCE —. HisTaav • A Texas Nonprofit Corporation formed in 1974 • Supports the Corpus Christi Museum of Science and History • Committed to Minimizing Financial Burden on City's General Fund • Committed to Improving the Museum Experience with Innovation and Enhancements Contract Value SUENCE _. .HISTORY Proposed Fiscal Years FY19 FY20 FY21 FY22 FY23 Five Year Total Management Fee $500,00 $300,000 $200,000 $150,000 $150,000 $1,300,000 HOT Funds TBD TBD TBD TBD TBD TBD (for advertising) Museum Generated Revenues TBD TBD TBD TBD TBD TBD (Incentive Fee) Total From General Fund $500,000 $300,000 $200,000 $150,000 $150,000 $1,300,000 The City will pay Contractor a decreasing management fee each year.Museum generated revenues will constitute the Contractor's incentive fee.Contractor will also have up to$50,000 in HOT funds available for advertising. 3 Net Cost to General Fund j 1 &SCIENCE d Hsraav General Previous • • • • • Agreement Service Agreement (average of actuals) Fl["Y FY13-FY17 FY19 FY20 FY21 FY22 F Expenses $1,537,915 $900,000 $700,000 $600,000 $550,000 $550,000 Revenues $490,896 0 0 0 0 0 Net Cost to $1,047,018 $900,000 $700,000 $600,000 $550,000 $550,000 General Fund City will provide $400,000 of in-kind services such as Facilities Allocation (maintenance & repair of building, parking lots, sidewalks, signage), IT Allocation (telephones, computers & support), Landscaping, Electric Costs up to $235,000 and Property Insurance. cc-1, ��s rn9v Questions . muS �o ©� ova H U SERVICE AGREEMENT FOR MANAGEMENT OF N�oR�oRA�E� CORPUS CHRISTI MUSEUM OF SCIENCE AND xs52 HISTORY THIS Service Agreement for Management of Corpus Christi Museum of Science and History ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Friends of the Museum of Science and History, a Texas nonprofit corporation ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager") and approval by City Council. WHEREAS, Contractor has bid to provide Management Services for the Corpus Christi Museum of Science and History in response to Request for Proposal No. 1703 ("RFP"), which RFP includes the required scope of work and all specifications and which RFP and the Contractor's proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1, 2, and 3 respectively, as if each were fully set out here in its entirety; WHEREAS, the City, acting through its duly authorized City Manager ("City Manager"), currently owns the Corpus Christi Museum of Science and History located at 1900 N. Chaparral Street (the "Museum"), together with all facilities, machinery, attachments, appurtenance, collections, artifacts, and exhibits,located in the City of Corpus Christi; and WHEREAS, it is the City's intention that the Museum be operated in a First-Class and fiscally responsible manner with the objectives of creating a modern edutainment Museum that will appeal to both children and adults while maintaining the established history and science mission of the Museum, as well as the certification and accreditation; minimizing financial operating requirements required from public funds; and, in general, maximizing the utilization of the Museum for the benefit of the City, while minimizing, to the extent practical, the net cost to the City. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Management Services for the Museum ("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 Exhibits 2 and 3. Services will include management of the Museum. 2. Grant of Authority. To enable Contractor to perform its obligations under this Agreement, the City hereby grants to Contractor, and Contractor hereby accepts, the exclusive right and obligation subject to the provisions of this Agreement, in its own name, as an independent Contractor and not as an agent of the City,to manage and operate the Museum. 3. No Sale of Property. Contractor shall have no authority to sell or otherwise alienate any portion of the Facility or any equipment therein. Contractor shall notify the City of any property deemed surplus and follow City instructions regarding the property's disposal. City of Corpus Christi Page 1 of 15 Service Agreement for Management of Corpus Christi Museum of Science and History 4. No Capital Improvements. The Contractor shall have no authority to make any alterations or any capital improvements to the Facility without the prior written consent of the City Manager. Should Contractor be responsible for any public works projects at the Facility, Contractor shall require payment bonds for any projects over $50,000 and performance bonds for any projects over$100,000. Any required bonds shall require City approval. Any contracts for construction of public works at the Facility must comply with Chapter 2258 of the Texas Government Code, or its successor, as amended. 5. Purchasing Procedures. The Contractor shall have the authority and discretion as to the purchase of all equipment, materials, supplies, and inventories reasonably required by it but shall endeavor to make all such purchases at the best price available, considering the quantities required and the quality desired.In doing so,Contractor must comply with prudent purchasing practices. (A) The Contractor may purchase or procure services from Affiliates of the Contractor, provided that the prices charged and the services provided are competitive with those obtainable from unrelated parties rendering comparable services. Contractor shall, at the City's request, provide reasonable evidence establishing the competitive nature of such prices and services. Prior to engaging any of its Affiliates, Contractor shall notify the City, and the City may require the Contractor to obtain at least two other competitive bids for unrelated parties to ensure that such services are being provided on competitive terms. (B) Contractor Municipality Status. To the extent allowable under federal, state, and local law, City agrees to allow Contractor to use its tax status as a municipality for the purchase of supplies and services. City agrees to execute such documents as may be required, and which the City is authorized to execute, to further this Agreement. 6. Term. This Agreement begins on October 1,2018 and expires on September 30,2023 unless extended or terminated sooner pursuant to the terms of this Agreement. 7. Ending Transition. Contractor agrees that, when this Agreement expires or is otherwise terminated, Contractor will participate in a 30-day transition period with the City or any replacement contractor for the last 30 days during which Contractor is managing the Facility. During that time, Contractor will continue to manage the Facility and plan events, but will allow the City or the replacement contractor to observe, participate, and ask questions regarding the management of the Facility and any upcoming events which the City or the replacement contractor will manage following the termination of this Agreement. 8. Base Compensation and Payment. The City will pay contractor, in two installments, an annual management fee of$500,000 for the first fiscal year and at decreasing amounts on the following fiscal years as shown on the Attachment B Pricing Schedule Payments will be made on October 1 and January 1 of each fiscal year. 9. Incentive Fee. In addition to the Base Compensation, Contractor shall be paid an incentive fee in the amount of revenues derived from the Museum. If base compensation is insufficient to maintain and operate the museum, Contractor shall supplement those funds from revenue City of Corpus Christi Page 2 of 15 Service Agreement for Management of Corpus Christi Museum of Science and History derived from the Museum and other sources in order to provide proper maintenance and operation of the Museum. 10. New Facilities Operating and Maintenance Costs. As Contractor funds and builds new exhibits and support and visitor facilities,the corresponding increases in operating,program, and maintenance costs will be the responsibility of Contractor,with the City being the owner of such new exhibits and support or visitor facilities. 11. Fiscal Matters (A) Miscellaneous Fees and Prices. Excluding Admission Fees, Contractor shall have the authority to set the amount of all prices and fees for services rendered or sales made to the public or otherwise at the Museum, including without limitation, food and drink concessions, souvenirs, parking, special exhibits, and other special events. (B) Franchises or Concessions. Contractor shall have exclusive authority to grant to any nonprofit corporation or public or private organization franchises or concessions that further the public use and enjoyment of the Museum. (C) Solicitation of Private and Public Funding. Contractor shall assist any non-profit organization to benefit the Museum. Contractor shall (a) use its best efforts to (i) actively solicit private support for the Museum through membership fees and charitable contributions and (ii) actively solicit federal, state or local grants or other funds to support the operation and purposes of the Museum; and (b) apply all funds contributed to it as membership fees, charitable donations,public grants or loans, or any other sources,to the Operating Expenses, Facility Improvements at the Museum and other Museum Purposes in accordance with this Agreement. (D) Grant Funding. The City shall allow Contractor to apply for grants in the City's name for which Contractor might not otherwise be eligible subject to prior approval by the City Manager or if the City Manager instructs, the City Council. The City Council retains the right to accept or not accept grant funds so applied for.All grants to the City received for Museum shall be transferred to Contractor within thirty (30) days of the receipt of the grant funds, if permitted by the terms of the grant. All grant money shall be expended to enhance the Museum or applied in accordance to the terms of the grant. 12. Access to the Museum. (A) The City and their duly authorized agents shall have access to the Museum and other Property at all times (a)for the purpose of inspection and to make any repairs, additions or renovations as the City may have the right to do under the provisions of this Agreement, and (b) for use by the City in case of emergency, as determined by City in its sole discretion. City of Corpus Christi Page 3 of 15 Service Agreement for Management of Corpus Christi Museum of Science and History (B) Subject to availability, the City Manager shall have the right to use the Facility or any part thereof rent-free for meetings, seminars, training classes or other non-commercial uses. Such non-commercial use of the Facility by the City shall i. not compete with or conflict with the dates previously booked by Contractor for paying events; ii. not consist of normally touring attractions (such as traveling exhibits); and iii. be booked in advance upon reasonable notice to Contractor pursuant to the Facility's Policies and Guidelines as approved or modified by the City. Upon request of the City, Contractor shall provide to the City a list of available dates for City's use of the Facility. To the extent that Contractor has an opportunity to book a revenue-producing event on a date which is otherwise reserved for use by the City, Contractor may propose alternative dates for the City's event, and the City shall use commercially reasonable efforts to reschedule its event to allow Operator to book the revenue-producing event. (C) Subject to availability of unsold advertising space, the City may post advertisements at the Facility and in materials distributed at the Facility at no cost to the City. The City shall reimburse the Contractor for any production costs if applicable. 13. Insurance.Before performance can begin under this Agreement,the Contractor must deliver a certificate of insurance ("COP'), 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 of Corpus Christi must be named as additional insureds. 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. 14. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Esther Velazquez City Manager's Office 361-826-3093 EstherV@cctexas.com 15. Inspection and Acceptance. Contractor agrees to use best efforts to repair any Services that are provided that are not in accordance with the terms of this Agreement. Contractor agrees to maintain the Facility and all of its equipment and fixtures in their current condition as of the date of this Agreement except for normal wear and tear. During the term of this City of Corpus Christi Page 4 of 15 Service Agreement for Management of Corpus Christi Museum of Science and History Agreement and any Option Periods, Contractor agrees to replace any broken equipment with equipment of comparable quality. 16. Financial Records. Contractor shall establish and maintain books, records, and systems of account relating to the Museum's Gross Revenue and Operating Expenses in accordance with generally accepted accounting practices& City record retention policies. These records shall be retained by Contractor for four(4)years after the termination date of this agreement and made available to the City upon request. 17. Financial Statements. At the City's request, Contractor shall provide the City with the opportunity to review certain financial statements of Contractor. In connection with such financial statement review, Contractor shall represent and warrant to the City that (i) such Financial Statements were prepared in accordance with generally accepted accounting principles consistently applied and are true and correct in all material respects and present fairly the Contractor's financial position as of the date thereof, and that (ii) to the best of Contractor's knowledge there has been no material adverse change in Contractor's financial position from that reflected in the Financial Statements. 18. City Audit Participation. If requested by the City, Contractor shall make available all information reasonably necessary for the City and the State Auditor to perform audits of the use and application of all revenues, grants, and fees, and City funds received by Contractor during the current and preceding year. 19. 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. 20. 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 or agent of the City. 21. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. In using subcontractors,the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. Before beginning any work, subcontractors must provide proof of insurance that complies with Attachment C. The certificate of insurance must name the City of Corpus Christi as additional insureds. All subcontracts must include the indemnification provision found in Section 31 of this Agreement. 22. Contracts. City of Corpus Christi Page 5 of 15 Service Agreement for Management of Corpus Christi Museum of Science and History (A) The Contractor shall have no authority, without the prior written consent of the City, to enter into any contract for the provision of goods and services to the Facility at any time beyond the date for the expiration of the term of this Agreement or any then-current Option Period. Contractor shall have the right to enter into, execute, and deliver contracts with users of the Facility which extend beyond or relate to dates falling after the expiration of the term of this Agreement or any then-current Option Period, subject to the written approval thereof by the City. (B) All contracts entered into by Contractor requiring the consent of the City under this Agreement shall contain an express provision acknowledging that the same is subject to the City's approval. All contracts entered into by Contractor shall provide that the same are assignable to the City and, notwithstanding any contrary provision hereof, upon termination or expiration of this Agreement for any reason, Contractor shall assign to the City and the City shall assume in writing, all then outstanding contracts affecting the Facility entered into by Contractor in accordance with the authority granted Contractor hereunder; provided, however, the City shall not be obligated to assume any contracts or agreements entered into by Contractor in violation of this Agreement. Furthermore, notwithstanding the foregoing, the City shall not assume and shall not have responsibility for any acts or omissions of Contractor with regard to such contracts or agreements prior to the termination of this Agreement except as a consequence to the City's failure to provide funds under this Agreement. (C) Existing Third-Party Agreements. The Parties specifically acknowledge that there are existing leases, agreements, and arrangements between the City and third parties for the Museum or between Contractor and third parties. Contractor shall not interfere with non- assignable existing leases, agreements, and arrangements known to Contractor between the City and third parties without written consent from the City. The City shall assign all such assignable leases, agreements, and arrangements affecting the Museum to Contractor and Contractor shall have the exclusive option (if the City had such option) of renewing such leases, agreements, and arrangements that expire during the term of this Agreement and any extensions, Contractor is released from its obligation to make payments due after the effective date of this agreement or termination date of this agreement for assumed leases. City shall give Contractor written notice of existing leases, agreements, and arrangements. 23. Naming Rights. (A) Museum Name. Under no circumstances,except for formal action by City Council, may the Museum's name be changed from"Corpus Christi Museum of Science and History". (B) Donation Acknowledgement. Any donor recognition at the Museum shall be brought to the Advisory Board for review. The Advisory Board will submit to the City Manager a recommendation. If the City Manager does not approve, there will be no donor recognition. If the City Manager approves Contractor may proceed with the donor recognition. City may seek to establish a naming policy for Museum facilities which would require Advisory Board adoption and City Manager's approval. City of Corpus Christi Page 6 of 15 Service Agreement for Management of Corpus Christi Museum of Science and History 24. Amendments This Agreement may be amended or modified only by written amendment signed by both parties 25. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same or any other term or condition of this Agreement. 26. Compliance with the Law. The Contractor shall comply with all applicable laws, rules, regulations, and ordinances relating to the use and operation of the Facility and the employment of its employees. The Contractor shall perform its obligations hereunder in good faith and in conformity with the standard to which a good operator would operate in similar circumstances. The Contractor shall require that all persons using the Facility or attending events therein comply with all legal requirements of all governmental authorities having jurisdiction. 27. Duty of Contractor. The Contractor shall owe to the City a duty to perform its obligations under this Agreement and to conduct the management and operating of the Facility at all times with integrity and good faith and in a manner which is in the best interests of the Facility and the City and consistent with the terms of this Agreement, including any guidelines or instructions in Attachment A. 28. Funding Limitations. The City recognizes and agrees that performance by Contractor of its responsibilities under this Agreement is subject to the City's provision of funds to Contractor as provided in Attachment A and is limited by the City's budget. 29. Taxes and Permits. (A) The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other required taxes. Upon request, the City Manager shall be provided proof of payment of any taxes related to this Agreement within 15 days of such request. (B) The Contractor must obtain all permits or licenses necessary for the management of the Facility, including any permits or licenses related to the sale or distribution of alcoholic beverages at the Facility. When necessary, the City will assist the Contractor in obtaining such permits. (C) Contractor agrees to pay taxes of any kind, including any possessory interest taxes (unless exempt under Texas law), that may be lawfully assessed on or on account of the performance of this Agreement and to pay all other taxes, excises, licenses, permit charges, and assessments based on Contractor's use of the Museum that may be imposed upon Contractor by law, all of which shall be paid when such sums become due and payable and before delinquency. Contractor agrees not to allow or suffer a lien for any such taxes to be imposed upon the Museum or upon any equipment or property located there without promptly discharging such lien,provided that Contractor,if so desiring,may have reasonable opportunity to contest the validity of it. If Contractor intends to contest or to fail to pay when City of Corpus Christi Page 7 of 15 Service Agreement for Management of Corpus Christi Museum of Science and History due any tax or fee referred to in the preceding sentence, Contractor shall provide the City with at least 30-days' notice of that intention before the tax is due, explaining its reasons. (D) Contractor shall collect and remit all sales tax required by law. Contractor shall be responsible for the payment of all sales tax collected. If Contractor intends to contest or to fail to pay when due any tax or fee referred to in the preceding sentence, Contractor shall provide the City with at least 30-days'notice of that intention before the tax is due,explaining its reasons. 30. 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: Esther Velazquez Assistant to the City Manager 1201 Leopard St. Corpus Christi, Texas 78401 361-826-3093 IF TO CONTRACTOR: Friends of the Corpus Christi Museum of Science and History Attn: President Address: P.O. Box 4128, Corpus Christi, Texas 78459 Phone: 630-287-0900 31. Indemnification. Contractor ("Indemnitor') shall indemnify and hold the City of Corpus Christi, its officers, agents, employees, and representatives ("Indemnitees') harmless and defend the Indemnitees ftom and against any and all liability, loss, claims, demands, suits, and causes of action of any nature whatsoever on account of personal injuries (including death and Workers' Compensation claims), property loss or damage, or any other kind of injury, loss, or damage, including all expenses of litigation, court costs, attorney's fees, and expert witness fees which arise or are claimed to arise out of or in connection with this Agreement or the performance of this Agreement, regardless of whether the injuries, death, or damages, are caused or are claimed to be caused by the concurrent or contributory negligence of Indemnitees, but not if by the sole negligence of Indemnitees unmixed with the fault of any other person. Indemnitor must, at its own expense, investigate all City of Corpus Christi Page 8 of 1S Service Agreement for Management of Corpus Christi Museum of Science and History claims and demands, attend to the settlement or other disposition of such claims, defend all actions based thereon with counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claims, demands, suits, or actions. The indemnification obligations of the Indemnitor under this section shall survive the expiration or earlier termination of this Agreement. This indemnity specifically includes any claims brought related to the sale or service of alcoholic beverages. CITYDOES NOT AGREE TO DEFEND, NOR INDEMNIFY, NOR HOLD HARMLESS, CONTRACTOR UNDER ANY CIRCUMSTANCES. 32. Liability of the City. The City's obligations to Contractor under this Agreement shall be limited to the terms and conditions set forth in this Agreement. Notwithstanding any other provision in this Agreement to the contrary, in no event shall the City be liable,regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including without limitation lost profits, arising out of or in connection with this Agreement or the services performed in connection with this Agreement. 33. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or for failure 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. In such event, the City shall pay the Contractor all fees and other sums due hereunder through and including the date of termination, otherwise such termination by the City shall be without penalty or liability. (B) The City Manager may terminate this Agreement for convenience upon 60 days' advance written notice to the Contractor. In such event, the City shall pay the Contractor all fees and other sums due hereunder through and including the date of termination, otherwise such termination by the City shall be without penalty or liability. (C) If the City elects to terminate funding for the operation and maintenance of the Facility, the City shall have the right to terminate this Agreement upon written notice to Contractor, such termination to be effective 60 days after such election to terminate. In such event, the City shall pay the Contractor all fees and other sums due hereunder through and including City of Corpus Christi Page 9 of 15 Service Agreement for Management of Corpus Christi Museum of Science and History the date of termination, otherwise such termination by the City shall be without penalty or liability. (D) If the City's annual budget or other budget process results in a reduction of the funds available to be paid to Contractor hereunder, Contractor shall have the right to either accept such reduced funding or to terminate this Agreement by written notice to the City within 60 days following Contractor's notice of the reduction in funding. 34. Facility Improvements and Alterations (A)Facility Improvements and Alterations. Contractor shall not under any condition make any facility improvement or alteration to the Museum, the Museum facilities, or Premises without prior approval from the City Manager. Any alterations or facility improvements made by Contractor to or on the Museum must be approved by City Manager. (B)Approved Facility Improvements and Alterations. Any alterations or facility improvements made by Contractor to or on the Museum shall comply with any and all applicable local, state, and federal laws, rules and regulations, and Contractor shall obtain any required permits for such alterations and facility improvements. (C)Title to Improvements. Except as otherwise provided in this Agreement, all appurtenances, fixtures,improvements, equipment, additions, and other property attached to or installed in the Museum during the Term shall be and remain the property of City and shall not be removed by Contractor without approval of the City Manager. (D)Contractor's Personal Property. All furniture, furnishings, and articles of movable personal property installed in the Museum by or for the account of Contractor, without expense to City, and which can be removed without structural or other material damage to the Museum (all of which are in this Agreement called"Contractor's Property") shall be and remain the property of Contractor and may be removed by it subject to the delinquent taxes. At least ten (10) days prior to delinquency, Contractor shall pay all taxes levied or assessed upon Contractor's Property and shall deliver satisfactory evidence of such payment to City. 35. Surrender of Improvements. Upon expiration or termination of this Agreement, Contractor shall promptly surrender the Facility to the City, leaving to the City all equipment, supplies, manuals, books, records, and inventories that are the property of the City or that have been purchased from funds made available by the City, and Contractor hereby quitclaims, transfers, sells, assigns, and conveys to the City, without recourse, representation, or warranty, all right, title, and interest that Contractor may have to all improvements made to the Facility and all equipment,materials, supplies, inventories and all other property so purchased. All such items including equipment shall be returned in their original condition less only normal wear and tear. Contractor agrees to execute any and all documents necessary to evidence such transfer promptly upon request therefore by the City. Contractor shall also deliver all documents, records, and other work product generated by Contractor for the City during the term of this Agreement. City of Corpus Christi Page 10 of 15 Service Agreement for Management of Corpus Christi Museum of Science and History 36. Liens. Contractor shall keep the Museum and Personal Property free from any liens arising out of any work performed, material furnished or obligations incurred by or for Contractor and any other liens or encumbrances. 37. No Hazardous Materials. Contractor covenants and agrees that neither Contractor nor any of its agents or Invitees shall cause or permit any Hazardous Material to be brought upon, kept, used, stored, generated, or disposed of in, on, or about the Property, or transported to or from the Property, provided that Contractor may use such substances in such limited amounts as are customarily used in the operation and maintenance of a Museum so long as such use is in compliance with all applicable Environmental Laws. Each party shall immediately notify the other party if and when such party learns or has reason to believe there has been any Release of Hazardous Material on or about the Property. 38. Continuation of Performance. In the event of termination of this Agreement, Contractor, at the City's option, shall continue to perform under the provisions of this Agreement for a reasonable time, not to exceed six months, as determined by the parties to enable the City to make arrangements for a successor as operator of the Facility. 39. 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. 40. Breach. (A) Each of the following shall constitute breach under this Agreement: i. Failure to pay when due any amount required to be paid under this Agreement, if the failure continues for, in respect to any regularly scheduled payment due hereunder, ten days after notice has been given to the breaching party, or in respect to any payment due hereunder which is not a regularly scheduled payment, 30 days after notice has been given to the breaching party. ii. Failure to perform any other obligation under this Agreement (including Contractor's failure to meet the standards of performance stated in Attachment A),if the failure to perform is not cured within 30 days after notice has been given to the breaching party,except that if the breach cannot reasonably be cured within 30 days, a breach shall not be deemed to have occurred if the breaching party begins to cure the breach within the 30 day period and diligently and in good faith continues to pursue the cure of the breach and actually cures the same within 60 days following such notice. iii. Any representation or warranty of Contractor contained herein which shall be knowingly false or misleading in any material respect as of the date made or deemed to have been made. City of Corpus Christi Page 11 of 15 Service Agreement for Management of Corpus Christi Museum of Science and History iv. The Contractor shall (A) admit in writing its inability to pay its debts as they become due or (B) file a petition in bankruptcy or for the reorganization or for the adoption of an arrangement under the Bankruptcy Code as now or in the future amended, or file a pleading asking for such relief, or have or suffer to be filed an involuntary petition in bankruptcy against it which is not contested and discharged within 60 days, or(C)make an assignment for the benefit of creditors, or(D) consent to an appointment of a trustee or receiver for all or a major portion of its property, or (E) be finally adjudicated bankrupt or insolvent under any federal or state law, or (F) suffer the entry of a court order, under any federal or state law, appointing a receiver or trustee for all or a major part of its property or ordering the winding up or liquidation of its affairs, or approving a petition filed against it under the Bankruptcy Code, as now or in the future amended, which order, if not consented to by it, shall not be vacated, denied, set aside or stayed within 60 days after the date of its entry, or(G)suffer the entry of a final judgment for the payment of money and the same shall not be discharged or a provision made for its discharge within 30 days from the date of entry thereof or an appeal or other appropriate proceeding for review thereof shall not be taken within said period and a stay of execution pending such appeal shall not be obtained, or (H) suffer a writ or warrant of attachment or any similar process to be issued by any court against all or any substantial portion of its property and such writ or warrant of attachment or similar process is not stayed or is not released within 45 days after its entry or levy or after any stay is vacated or set aside, or (I) suffer the placing of a judgment lien on its property and failure to cause such lien to be released and discharged within 45 days from the date such lien took effect. v. Contractor shall conceal, remove or permit to be concealed or removed, any part of its property with the intent to hinder, delay, or defraud its creditors or shall make any transfer of any of its property to or for the benefit of a creditor at a time when other creditors similarly situated have not been paid; or suffer or permit while insolvent any creditor to obtain a lien upon its property through legal proceedings, which lien is not vacated within 30 days from the date thereof. vi. Contractor shall create, assume, or suffer to exist any mortgage, lien, charge of security interest, or other encumbrance whatsoever relating to this Agreement or its rights and obligations under this Agreement, except any pledge or other encumbrance of the fees due Operator pursuant to this Agreement. (B) Each party shall promptly notify the other of any acts or omissions believed to be a breach by the other under this Agreement. In order to be effective, a notice of breach must be timely given, must state that it is a notice of breach, and must specify in reasonable detail the acts or omissions alleged to constitute a breach of this Agreement. Notice of breach is considered timely if given to the other party within 30 days after the non-breaching party learned, or reasonably should have learned, about the breach. City of Corpus Christi Page 12 of 15 Service Agreement for Management of Corpus Christi Museum of Science and History (C) If breach occurs and is not waived in writing by the non-breaching party, then the non-breaching party shall have the following remedies which are not exclusive but cumulative in addition to any other remedies now or later allowed by law: i. The right to cure, at the breaching party's cost and expense, any breach; ii. The right to sue to collect any sums not paid when due; iii. The right to sue to collect damages suffered by the non-breaching party by reason of the occurrence of a willful breach other than breach in the payment of money; or iv. The right to terminate this Agreement. 41. Right of Ingress and Egress. Contractor acknowledges that the City shall have the right to enter the Facility and grant to others the right of ingress and egress to and from the Facility for purpose of inspection thereof or the conduct of capital improvements and for other purposes. The City agrees to coordinate such entry with Contractor so as to minimize interference with scheduled activities at the Facility. 42. Intellectual Property Rights. Pursuant to the terms of this Agreement, the Contractor has agreed to advertise, promote activities, market and conduct public relations for the Facility. Contractor covenants and agrees, subject to the reasonable consent of the City,to develop all intellectual property rights required for the advertisement,promotional activities, marketing and public relations for the Facility. Any and all intellectual property rights including, without limitation, all names and logos for the Facility, shall be the sole and exclusive property of the City. Contractor hereby conveys to the City,without recourse,representation or warranty, any right, title and interest that Contractor may have in and to any such intellectual property rights, including, without limitation, all rights of common law, copyrights, rights of copyright renewal, trademarks and trademark rights, and Contractor agrees to execute any documentation reasonably required by the City to evidence such transfer. The City hereby grants Contractor a license during the term of this Agreement to use and to grant to others the right to use the intellectual property rights in connection with advertising,promotional activities, marketing and public relations for the Facility. 43. 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. 44. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. This Agreement and its attachments City of Corpus Christi Page 13 of 15 Service Agreement for Management of Corpus Christi Museum of Science and History B. The solicitation document, including addenda(Exhibit 1) C. The Contractor's response (Exhibit 2) 45. 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. 46. Conflict of Interest. Contractor agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ,please review the information on the City Secretary's website at http://www.cctexas.com/govemmeni/c— secretary/conflict-disclosure/index 47. 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. 48. 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. 49. Force Majure.Neither party shall be in default hereunder or liable to the other for failure to perform where such default or failure is the result of acts of God, war, or any other similar cause outside of the reasonable control of the party who asserts that default or failure to perform is excused under this Section; provided, that in no event shall the provisions of this Section extend to any default or failure to perform due to labor shortages or strikes or economic hardship. In the event of a delay in performance excused by the operation of this Section, such delay shall only be for the period which the party claiming the delay was actually delayed in the performance of its obligation by the event outside of its reasonable control. 50. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page to Follow] City of Corpus Christi Page 14 of 15 Service Agreement for Management of Corpus Christi Museum of Science and History CONTRACTOR /� LGN�S 'F 'rk C��i2%uS � n ss P Signature: AY Printed Name: J/All IVO Title: Date_ --- — —/, 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 and its Exhibits Attachment B: Pricing Schedule Attachment C: Insurance Requirements Incorporated by Reference Only: Exhibit 1: REP No. 1703 Exhibit 2: Contractor's Proposa[Response City of Corpus Christi Page IS of 15 Service Agreemenf for Management of Corpus Christi Museum of Science and History Attachment A - Scope of Work 1.1 General Requirements 1 . Background. It is the City's intention that the Museum of Science and History (Museum) be operated in a First-Class and fiscally responsible manner with the objectives of creating a modern edutainment Museum that will appeal to both children and adults while maintaining the established history and science mission of the Museum, as well as the certification and accreditation; minimizing financial operating requirements from public funds; and, in general, maximizing the utilization of the Museum for the benefit of the City, while minimizing, to the extent practical, the net cost to the City. First-Class means quality of the best; the finest; the highest class, grade, or rank; and highest distinction with respect to the operation, management, marketing, and promotion of the Museum, including but not limited to: professional promotion and marketing efforts; service-oriented guest and tenant services; premium food and beverage services; timely repairs, maintenance, and cleaning of building, equipment, and grounds; positive, safe and secure Museum for patrons and employees. 2. Museum Mission. The mission of the Corpus Christi Museum of Science and History is to present the story of the cultural crossroads of the New World. With a unique confluence of natural history, science, people and environments, the South Texas area has served as a stage for the ongoing discovery of the Americas. Through innovative programs in history, culture, and science, the Museum is committed to enlarging a shared understanding of our history and heritage as well as the impact and importance of science to our lives. By telling this story, the Museum will inspire a thirst for knowledge, context, and understanding. The Contractor shall manage and operate the Museum as a museum, consistent with the Museum's Mission and Long-Range Plan, with emphasis on the Museum's scientific and educational purposes and programs. Management and operation of the Museum includes selection of new inter- active displays, reconfiguration of certain exhibits for presentations to the public, redesigning of floor layouts, devising a higher and best use for outdoor events, and designing special event spaces for both indoor and outdoor use. 3. Internal Strategic Objectives. Internal Strategic Objectives means the thoughtfully constructed plan employed to achieve the Museum's Mission. The following strategic objectives are used to operationalize the Museum Mission: 1 . Corpus Christi Museum of Science and History will build programs around three basic themes: Humans, the Environment, and Science. 2. How the human migration, cultural encounters, and interactions shaped the unique human character of South Texas and, in turn, how South Texas has influenced the world. Page 1 of 63 3. How environmental features and resources have been linked to the human migrations, settlements, and physical exploitation of South Texas resources. 4. What science tells us about the unique natural world of South Texas and how can we best conserve our unique resources. 4. Collection. The Museum will collect and preserve unique specimens, artifacts, and ephemera which illuminate our three basic themes and support innovative programming. To create new knowledge, Museum Collections and resources will be shared with the public and researchers. Museum Collection means objects that form the core of the Museum's activities for exhibitions, education, research, etc. All objects in the Museum Collection are included in the Museum Inventory. 5. Promotion. The Museum will promote an open and inclusive atmosphere of learning by encouraging the use of its physical facilities for special events, meetings, and other community gatherings. The Museum will commit itself to sharing knowledge with the next generation by actively promoting programming and field trip policies which encourage participation by K-16 school groups. 6. Advisory Board. The Advisory Board for Corpus Christi Museum of Science and History Advisory Board was assembled under the authority of City Ordinance 2- 90. The Advisory Board is comprised of nine voting members appointed by the Mayor, with consent of Council. The Advisory Board serves as an advisor to the Museum and to the City Council in matters of support and development of the Museum. The Advisory Board may adopt comprehensive policies relating to management of collections, acquisitions for the collections, disposition and deacquisition of objects in and for the collection, and use of Museum facilities. City Council remains the governing authority for the Museum. The Advisory Board currently meets on a bi-monthly basis. 7. Non-Profit Support Organizations. At times there will be non-profit organizations that will provide support to the Museum. The Contractor shall cooperate and engage with these groups that are designed to support the Museum and its mission. 1.2 Scope of Work A. Management and Operation of Premises and Personal Property 1 . Premises. Subject to the terms, covenants, and conditions set forth in this Agreement, Contractor shall exclusively manage and operate the Museum, comprising (a) Museum and all facilities as described in Exhibit A ("Museum Premises"), and (b) the parking lot as described in Exhibit B. Together the Page 2 of 63 Current Museum Premises and the parking lot shall be referred to collectively in this Agreement as the "Premises." 2. Personal Property. Subject to the terms, covenants, and conditions set forth in this Agreement, the City agrees to provide, at no cost to Contractor, use of personal property located at the Museum necessary to the operation and maintenance of the Museum. Contractor shall maintain all such Personal Property in good condition and repair, subject to Preexisting Conditions, and shall replace with items of good quality any of the Personal Property that becomes inoperable or unusable if such item is necessary for the operation of the Museum in Contractor's reasonable discretion. A preexisting condition is any condition of disrepair, structural weakness, latent defect or other fault of any part of the Property, or any noncompliance of any part of the Property with any applicable local, state or federal law, that existed on or before the Effective Date of this Agreement, except that such condition or noncompliance is not a pre-existing condition if either party knew of its existence on or before the Effective Date of this Agreement. 3. Inventory. The City will provide Contractor with a video inventory of the Personal Property located at the Museum. Transferred Personal Property shall remain property of the City. B.Use of the Premises 1 . Required Use. The Contractor shall use and continuously occupy the Property during the Term of this Agreement for the operation of a public museum and related and incidental purposes and programs, including but not limited to conservation, education, enterprise operations, and visitor services, in accordance with this Agreement, the Museum's Mission and the Long-Range Plan. Notwithstanding the above, the parties intend that the Museum can also be used as an event space for catered groups, weddings, business meetings, and similar high margin events. Premises means the real property and improvements and Property means the premises and personal property, collectively. Exhibit A provides an aerial view of the Museum Premises. 2. Prohibited Use. The Museum may not be used in anyway prohibited by policy adopted by Advisory Board and approved by the City Manager. Any dispute concerning prohibited use will be resolved by decision of the City Manager. The Contractor shall have no authority to make any alterations or any capital improvements to the Facility without the prior written consent of the City. Should Contractor be responsible for any public works projects at the Facility, Contractor shall require payment bonds for any projects over $50,000 and performance bonds for any projects over $100,000. Any required bonds shall require City approval. Any contracts for construction of public works at the Facility must comply with Chapter 2258 of the Texas Government Code, or its successor, as amended. Page 3 of 63 3. No Illegal Uses or Nuisances. Contractor shall not use or occupy any of the Premises, and shall not permit the use or occupancy of it, in any unlawful manner or for any illegal purpose, and shall not permit to be carried on any activity that would constitute an actionable nuisance under the laws of the State of Texas. Contractor shall take all reasonable precautions to eliminate any nuisances or hazards relating to its activities on or about the Premises, except as to Preexisting Conditions. 4. Parking Lot Use. Contractor shall have exclusive use of primary parking lots 25 and 26 identified in Exhibit B. Secondary lots 123,5, & 10 identified in Exhibit B are for exclusive use of the American Bank Center. Secondary lots identified in Exhibit B may be used with consent of the entity with control of the parking lots. Contractor shall not be responsible for existing violations of the Code or any other local laws regarding the Museum Parking Lot. C. Accreditation, Certification, Licensing and Permits 1 . Required Accreditation and Certification. Throughout the Term (including any extensions), Contractor shall cause the Museum to be at all times (a) accredited by the American Association of Museums (AAM) or its successor as the nationally recognized agency for accrediting Museums; and (b) certified as an Archeological Repository by the THC. In addition, Contractor shall be responsible for any reaccreditation and recertification that may be required during the term of this agreement. Any failure on the part of Contractor to comply with this article shall constitute a material breach of this Agreement. Current accreditation and certification are shown in Exhibit C. 2. Licenses and Permits. All licenses and permits currently held by the City in connection with the operation of the Museum are shown in Exhibit D. Subject to any necessary approvals, the City agrees to transfer all such licenses and permits to Contractor, and Contractor and the City shall use their best efforts to either have those licenses and permits legally transferred to Contractor or to have them canceled upon Contractor's obtaining replacement permits or licenses in its name if transfer is not possible except that certain licenses and permits shall remain in the possession of the City and under the City's name, and Contractor shall be authorized as the agent of the City to perform such services under such licenses and permits as are required in the operation of the Museum to the extent permitted by applicable law, if such licenses or permits are required to be held by a governmental entity and/or owner of the Premises or for such other reasons as may be agreed to by the parties. Upon any termination of this Agreement for any reason, Contractor shall transfer all licenses and permits back to the City and Contractor shall use its best efforts to assist the City with the documentation of any such transfer or reapplication for any such permit or license to be held in City's name after such termination. Page 4 of 63 3. City Representations. City represents and warrants to Contractor that the accreditation by the AAM and certification as an Archeological Repository by the Texas Historical Commission (THC) or its successor as the state agency for historic preservation. 4. Licenses and Permits. THC, and all licenses and permits which are being assigned to Contractor, are not currently in default, that City is not aware of any default that exists with respect to these items, that City has complied with the terms and conditions of the certifications, accreditations, licenses, and permits, and they are current with respect to any and all payments. D. Museum Collection Management 1 . Collection Inventory. Contractor will be responsible for maintaining the inventory of the Museum's collections. The City will provide Contractor with an electronic document and video inventory of the Museum's collection on record. If there is a discrepancy between the video inventory and electronic document inventory, the video inventory shall control. 2. Collection Management Policy. The Museum's current Collection Management Policy was adopted September 2005. Contractor shall follow the current Collection Management Policy in Exhibit E. Any provision in the Collection Management Policy that conflicts with this Agreement, the provision in this Agreement shall control. Any dispute regarding the Collection Management Policy can be submitted to the City Manager for approval. The City Manager's decision will be controlling as to any dispute. 3. Deaccession of Collection. The Contractor shall follow the current Deaccession Process in Exhibit F for acquisitions, deaccession and disposal of the collection. If the collection Management Policy is updated, the Contractor shall follow the most current version. 4. Acquisitions, Loans, and Destructive Analysis of Collections. All Acquisitions, Loans and Destructive Analysis shall be conducted in compliance with the Museum's currently adopted Collection Management Policy found in Exhibit E. E. Admissions 1 . Admissions Fees. Admissions fees shall be set at their current rates shown in Exhibit G. Museum admissions charges are set in accordance with City of Corpus Christi Code of Ordinance 36-6. 2. Access. Contractor agrees to operate the Museum with the goal of providing the widest possible access to the Museum to the general public, at an affordable cost. Page 5 of 63 3. Admissions Tax. The Parties acknowledge that no City admission taxes are currently charged on Museum admission. The Parties further agree that the Museum will continue to be exempt from City admission taxes, so long as similar facilities are exempt from such taxes. This is not a waiver of the City's portion of the applicable Sales Tax. F. Advertising 1 . Museum Advertisement. Contractor may purchase or create advertisement for the Museum. Museum advertisement materials should be presented in an objective, fair and accessible manner. Advertising campaigns should be justified and undertaken in an efficient, effective and relevant manner. All advertisements shall be in compliance with federal, state and local laws. 2. Advertisement Reimbursement. Contractor shall keep record for all advertising expenditures and submit itemized expenditures to the City bi-annually. The City shall reimburse Contractor up to $50,000 in advertising expenditures per Fiscal Year, subject to availability of funds in the Hotel Occupancy Tax fund. City agrees to submit this amount as part of the proposed budget for Hotel Occupancy and Tax Fund. Reimbursement payment for advertising expenditures shall be made to Contractor on or before the thirtieth (30th) day following the 6th month of the Fiscal Year and at the end of the Fiscal Year, if available. Fiscal Year means a 12-month period beginning on October 1 of each calendar year and ending on September 30 of the following calendar year. The City may change its Fiscal Year in which case the city must notify Contractor of the change in writing at least 120 days before the end of the Fiscal Year in which the change will occur and the definition of Fiscal Year in this Agreement shall automatically change to reflect the new definition of the City's Fiscal Year. 3. Use of Hotel Occupancy Tax Funds. Use of hotel occupancy funds is limited to those activities that, comply with Texas Tax Code Chapter 351 (http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.351 .htm), including without exception, the following requirements, herein referred to as "Activities": a. advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; b. the activities are in the categories that are eligible for funding as described in Section 351 .101 (a)(3) of the Texas Tax Code,; c. the activities promote both tourism and the convention and hotel industry within the City of Corpus Christi. 4. Completion Report. Contractor must submit to the Contract Administrator a completion report ("Report") each year, no later than thirty (30) days following the end of each City fiscal year which year ends September 30. The Contract Page 6 of 63 Administrator, shall review this Report to verify whether the Grant funding provided to Contractor was spent in accordance with the requirements in this Agreement. The Report must include the following criteria: a. Written assurance to City that all Activities funded by the City Hotel Occupancy Tax funds served to promote tourism to the community. This shall be evidenced by providing the City with a written description of Contractor's marketing or advertising strategy. b. For all Activities funded by the City, Contractor must submit to the City a written estimate of the number of Contractor's Activities attendees that reside outside the territorial limits of the City of Corpus Christi. This may be accomplished using a visitor log, by tallying the number of out-of-town billings or by listing the out-of-town mailing addresses gathered through the ticket sales process. c. An estimate of the total Activities attendance. G. Catering 1 . Outside Caterers. Outside caterers include any caterer entering into an Outside Catering Agreement to provide catering services at the Museum for a single event. The Contractor will establish minimum commissions and/or fees, insurance and security deposits required in order for an Outside Caterer to operate at the Museum. Outside Caterer will pay the Contractor immediately following their catering event based on the Outside Catering Agreement with that Outside Caterer and Contractor. 2. Outside Catering Agreement. A written agreement between Contractor and an Outside Caterer is required for each event to be held at the Museum. H. Maintenance 1 . General Maintenance. Contractor shall be responsible for the repairs and maintenance, identified in Exhibit H. The City shall be responsible for the repairs and maintenance identified in Exhibit H. Contractor shall maintain the Museum in a clean, safe, sanitary, and sightly condition, and as necessary to maintain all licenses and accreditations; provided, however, that such obligation shall not, except as specifically set forth in this Agreement, require Contractor to repair or otherwise remedy a Preexisting Condition. Contractor shall employ sufficient personnel to maintain the Museum to the standard of a First-Class Museum. 2. Routine Repair and Maintenance Contractor shall be responsible for all ordinary maintenance and repair of the Museum facilities and equipment, and replacement of supplies that are normally performed on a day-to-day, periodic, or routine basis to keep such facilities and equipment in a good, clean, efficient, and safe condition. Routine Repair and Maintenance shall include such minor improvements to the grounds, gardens, adjacent parks Page 7 of 63 and landscaped area, the buildings, structures, equipment, and facilities of the Museum as are necessary in the reasonable discretion of Contractor to improve appearance and management. However, Routine Repairs does not apply to the City's duty to maintain the building and fixtures, or City expenses to be provided under this Agreement. In addition, all interactive exhibits must be kept in working order. 3. Random Inspection. Random inspections will be made by a designated City employee to inspect the general maintenance of the Museum. Any deficiencies will be reported to Contractor. Contractor shall take the necessary action to remedy the deficiency in a timely fashion. 4. In-Kind Maintenance. In-Kind Maintenance can be provided by the City for repairs that are necessary for public health and safety including emergency repairs, non-routine and non-preventative maintenance. In-Kind Maintenance requires City Manager approval. Any time the Museum requires In-Kind Maintenance, the Museum Director shall submit an In-Kind Maintenance request to the City Manager. Upon City Manager approval, the City shall make the necessary repairs. In-Kind Maintenance shall include City labor, materials, and indirect maintenance services in substantially the same manner of maintenance support that is currently provided by the City to the Museum. If the City Manager denies the In-Kind maintenance request, Contractor shall be responsible for the repairs. I. Governance 1 . Organization. The Museum shall be operated under the organizational chart set out in Exhibit I. The Governance may be changed by Contractor at its discretion, as deemed necessary for successful Museum management and to fulfill the mission of the museum, after recommendation to the City Manager or designee and subsequent written approval. 2. Staff. Contractor shall maintain a professional and qualified staff necessary to operate the Museum in accordance with the American Alliance of Museums Core Standards for Museums to assure the success of the museum and achieve its mission. The Contractor shall provide a Museum Director that shall be in place at all times as the single point of contract for the City. This Director will manage the day to day operations and oversee the contractual requirements. The Director shall have a minimum of a bachelor's degree and extensive experience in Business, Business Development, and Management including a minimum of five years in a key leadership position with museum based experience. The Director shall be a museum professional that maintains the mission of the Museum, as well as the certification and accreditation. 3. Corporate Management. The Contractor's corporate management team must take an active oversight role in the management of the Museum and Page 8 of 63 make periodic visits to the Museum to check on the operation. Corporate Management shall also diligently work to keep qualified staff in place to manage the Museum and resolve all issues in a timely manner. I Reporting 1 . Annual Plan. At least thirty days for the first year and then sixty days for subsequent years prior to the beginning of each the City's Fiscal Year, Contractor shall, prepare and submit to the City Manager an Annual Plan. The City Manager shall present this plan to the City Council as an informational item. The Annual Plan shall, at a minimum, present: a. An evaluation of existing exhibits, b. A description of major programmatic changes planned at that time for the ensuing year; and c. Any proposed changes in fees at the Museum. 2. Annual Independent Audit. Within sixty days after the end of each Fiscal Year, Contractor shall arrange for an audit of its books and records by an independent, certified public accountant; this audit shall be conducted under this Agreement and shall cover the previous Fiscal Year. Contractor shall deliver to the City Manager an original, signed copy of each such annual audit, by the earlier of: (1 ) thirty days after the completion of such auditor; or (2) ninety days after the end of the Fiscal Year covered by such audit. 3. Quarterly Reporting Requirements. Contractor shall, prepare and submit to the City Manager and present to the Museum Advisory Board a quarterly report setting forth a summary of attendance, operations and services provided by Contractor at the Museum for the preceding quarter. This quarterly Report will also include upcoming events at the Museum for the ensuing quarter. 4. Monthly Reporting Requirements. Contractor shall, prepare and submit to the City Manager and Finance Department a monthly report outlining the finances of the Museum for the previous month. This report shall include a summary of revenue from various sources and an accounting of costs. Contractor shall submit monthly a summary of revenue and accounting of costs. 5. Bi-weekly Report- a bi-weekly informal Director's Report will be required. The format and content will be established by the Contract Administrator. 6. Operations Manual the Contractor shall develop an operational manual which contains terms regarding the management and operation of the Museum, including detailed policies and procedures to be implemented in operating the Museum, as agreed upon by both the City and Contractor. The Page 9 of 63 parties acknowledge that to the extent that such manual contains any proprietary information of Contractor (e.g., Contractor-wide (not Museum- specific) operating policies, procedures and/or software); such information shall remain the property of Contractor. The manual should also include emergency procedures for protecting the museum and its collection. The manual shall be kept at the Museum during the term of this Agreement. 1.3 Work Site and Conditions A. City Paid Expenses 1 . City Provided Services. The City will provide Information Technology Services/Computers, Building Maintenance Service, Grounds Maintenance, Property Insurance, Elevator Maintenance and Utilities. a. Informational Technology Services. The City Informational Technology (IT) Department shall assist in the delivery of quality products and services by managing the enterprise data centers and by providing connectivity & customer services that will allow for the optimum usage of enterprise data as well as effective and efficient data, voice and video communications at the Museum. b. Computers. The City shall procure computers for the Museum during the term of this Agreement. The procurement includes eleven laptop computers with work station, five desk top work stations, three switches, and one router. Contractor will have full use to the computers provided under the Agreement. c. Building Maintenance Service. The City Asset Management Department shall provide the labor for routine repairs and preventive maintenance for the Facility as identified in Exhibit K. Contractor shall be responsible for maintenance as identified in Exhibit K d. Grounds Maintenance. The City will provide grounds maintenance around the premises of the Museum. e. Property Insurance. The City will provide property insurance as outlined in Exhibit J. f. Elevator Maintenance Procurement. The City is a party to Agreement for Elevator Maintenance and Permitting. The City shall procure elevator maintenance and permitting for the Museum during the term of this agreement. The Museum elevators will be maintained during Contractor operation of the Museum by the City. g. Electricity. The City shall pay the energy provider for Electricity provided to the Museum up to $235,000 per fiscal year. For the Electricity cost that exceed $235,000 in a fiscal year, the City shall bill Contractor for reimbursement. h. Water, Gas, and Waste Water. The City shall provide the Water, Gas, and Waste Water to the Museum. Contractor is not responsible for Water, Gas, Page 10 of 63 and Waste Water. B.Purchasing Procedures and existing Procurements. 1 . Purchasing. The Contractor shall have the authority and discretion as to the purchase of all equipment, materials, supplies, and inventories reasonably required by it but shall endeavor to make all such purchases at the best price available, considering the quantities required and the quality desired. In doing so, Contractor must comply with prudent purchasing practices. The Contractor may purchase or procure services from Affiliates of the Contractor, provided that the prices charged and the services provided are competitive with those obtainable from unrelated parties rendering comparable services. Contractor shall, at the City's request, provide reasonable evidence establishing the competitive nature of such prices and services. Prior to engaging any of its Affiliates, Contractor shall notify the City, and the City may require the Contractor to obtain at least two other competitive bids for unrelated parties to ensure that such services are being provided on competitive terms. 2. Multifunction Copier Procurement. The City is a party to an Agreement for a multifunction copier. The City shall procure a multifunction copier for the Museum during the term of this Agreement. Contractor will have full use to the multifunction copier provided under the Agreement. Contractor will pay the vender directly for service. The City shall bill Contractor monthly for reimbursement if Contractor fails to pay vender. 3. Dumpster Procurement. The City is a party to an Agreement for dumpsters. The Museum will be have use of this dumpster service. Contractor will pay the vender directly for service. The City shall bill Contractor monthly for reimbursement if Contractor fails to pay vender. 1.4 Management Fee The Management Fee is comprised of two components, the first is the revenue that is generated by the Museum's operation. The revenue for past years is shown in Exhibit K. The Contractor will be allowed to retain all revenue produced by the Museum's operation. The second component of the Management Fee is the supplemental amount that is shown in Attachment B Pricing Form that was provided by the Contractor and represents the amount on top of the revenue that is needed by the Contractor to operate the Museum. The Management Fee shall cover all costs of operating the Museum by the Contractor with the exception of those items identified as being provided by the City. No additional compensation will be provided. Exhibit L identifies the currently known expenses to operate the Museum and is provided for reference only. The amount of the supplemental Management Fee shown in Attachment B Pricing Form has a not to exceed value and will graduate down by five percent over time, therefore the Contractor shall find ways to enhance the museum attendance and put forth efforts to obtain grants, Page 11 of 63 underwriting, sponsorships and any other funding sources to help support the cost of the Museum. Page 12 of 63 Scope of Work Exhibits Page 13 of 63 w EXHIBIT A - MUSEUM PREMISES a - v .. a► l _.- Rm Page 14 of 63 EXHIBIT B - PARKING LOT DIAGRAM Ej Primary Lots US Is? for the exclusive use of the x Museum of Science&History Secondary Lots requires coordination with m other entities y� (Lots 1.2.3.5&10 are fa tha exclusive use of the American Bank Cenlerl M ESQ UITESr. A ofm.m.wwsLar 1 LOT 1Q 24 Lar 25 Q N.CHAPARRALST. N.CHAPARRALST. Lar zz � 2� LOT LOT � r{�} I^� T � O V ` I sonrcgiu�oiisrwrr 0 Lryi eL�07 `\J N,WATERST. � N v y � C� •'M wxrnrM�nl O us rrnrrr N.SHORELINE BLV6. ANr MJII11111 Page 15 of 63 EXHIBIT C -ACCREDITATION AND CERTIFICATION t American Alliance of Museums February 1,2013 Director Corpus Christi Museum of Science&History 1900 N Chaparral St. Corpus Christi,TX 78401-1114 On behalf of the Accreditation Commission and Program staff,congratulations on your appointment as the new Director of the Corpus Christi Museum of Science&History.The museum is one of almost 1,000 museums nationwide recognized through AAM accreditation for its commitment to excellence and high professional standards. I have enclosed some of our program literature for your reference,and encourage you to visit our web site at www.aam-us.org for additional information. The Corpus Christi Museum of Science&History was first granted accreditation in 1973,and was successfully reaccredited in 1988,2001 and 2011.The museum's next self-study due date is November 1,2025. 1 would also like to welcome you as a member of the accreditation peer reviewer roster—a benefit of accreditation.As the new director of an accredited institution,you are automatically a member of the Alliance peer reviewer roster,eligible to serve on Visiting Committees for accreditation reviews.This is an excellent chance to pick up new ideas from your peers and take them home to your museum,network with peers at sister institutions,and actively participate in Alliance's efforts to advance standards and best practices. Periodically my staff may approach you with the opportunity to serve on a given museum's review team.You are under no obligation to accept these assignments,of course,but I hope you consider trying this out. The enclosed Frequently Asked Questions for New Accreditation Peer Reviewers will answer many questions you likely have at this point.There is also some information on page 40 of the enclosed copy of A Nigher Standard: The Museum Accreditation:Handbook.The Peer Review Program staff will be in touch with you directly in the next few weeks giving you more information. Please do not hesitate to contact the staff at(202)289-9116 or accreditation a@aam-us.org with questions about any aspect of the museum's participation in the Accreditation Program. We look forward to working with you and your staff,and wish you the best of luck in your new position. Sin it, 6A Dana Twersky Assistant Director,Accreditation 1575 Eye Street NW.Suite 400 1 Washington OC 20005 1 T 202.289.1818 1 F 202.289-6578 1 www.aam-us.org Page 16 of 63 EXHIBIT C—ACCREDITATION AND CERTIFICATION(CONTINUED) TEXAS HISTORICAL COMMISSION real places telling real stories CURATORIAL FACILITY CERTIFICATION PROGRAM Benchmarking Excellence WRITTEN NARRATIVE REPORT AND RE-CERTIFICATION RECOMMENDATION To be completed by CFCP Coordinator Corpus Christi Museum of Science and History Bradford M.Jones Curatorial Facility Field Reviewer 1904 N.Chaparral Street P.O.Box 12276 Corpus Christi TX 78401 Austin TX 78711-2276 Mailing Address Mailing Address 361-826-4667 512-463-5865 Telephone(area code and number) Telephone 512-463-8927 Fax(area code and number) Fax(area code and number) Jillian Becquet brad.iones0ftstate.m.us Contact Email JillianB a cctexas.com Jul 2-3&August 31 2015 Email Date of Field Review Si o P Coordinator GREG ABBOTT„ GOVERNOR*JOHN L. NAU,til,CHAIR*MARK WCLFE, EXECUTIVE DIRECTOR P.O,BOX 12276*AUSTIN,TEXAS*78711-2276*P 512.463.6100■F 512.475.4872*www.thc.state.tx.Us Page 17 of 63 EXHIBIT C-ACCREDITATION AND CERTIFICATION(CONTINUED) INTRODUCTION The Corpus Christi Museum of Science and History(CCMSH)was the first curatorial facility in the State of Texas to be entrusted by the Texas I-Estorfcal Commission's{THC]Certified Curatorial Facility Program(CFCP)to curate state associated Held-In-Trust(HIT)collections. The museum,which is also the formal Maritime Curation Facility for Texas,currently houses two of the state's most significant shipwreck collections:the HIT 1554 Shipwrecks and the La Belle shipwreck that is the property of France and managed by the THC.In addition,the museum currently holds multiple site collections from permitted terrestrial and marine archeological projects that are HIT in addition to the museum sizable collection of regionally acquired historic material.CCMSH is a significant state and regional resource for curation and research. Since being certified on October 28,2065,CCMSH has consistently filed an Annual Report to the CFCP coordinator,detailing acquisition and accessioning,loans,analysis,or changes in the status of the HIT properties.In all respects,CCMSH continues to meet the standards and expectations of the CFCP program.As detailed below,over the last 10 years CCMSH has continued to improve the management and care of the HIT collections,even though several changes in the administration of the museum and the staff have occurred.Throughout this period the Museum has worked closely with THC to insure that any requests for loans,images, or research on HIT collections are properly addressed and in compliance with CFCP standards. As The curatorial repository for the La Belle artifacts,CCMSH has been an important partner in facilitating the ongoing analysis of the collection,and as the primary loan institution handles the annual renewal of loans to the Odyssey Museum members,the Bullock State History Museum,and other museums exhibiting La Belle artifacts. When it was initially certified the CCMSH was identified as having two Deficiency Factors due to substandard policies and substandard procedures(See Attachment 1). Since that time, CCMSH has instituted changes to their Collection Management Policy and to their procedures that address all of the deficiency factors identified.At this time,CCMSH has no pre-existing deficiency or disabling factors,or any that were newly identified,that would affect the facility's eligibility for re-certification. The following sections briefly address each of the nine main areas of focus discussed in the attached copy of the CFCP Written Narrative Report recommending certification for CCMSH: governance,finance,policies,procedures,physical facilities,staff,visiting scholars and researchers,records management,and collections care. GOVERNANCE The CCMSH meets all CFCP requirements regarding governance. However,since the initial certification,the Museum has undergone a change in its daily operational organization. Though the Museum remains organized as an administrative department under the City Council of Corpus Christi,managerial oversight of the facility has been assumed by a private management firm,though still through the auspices of an appointed Advisory Committee. Working in Page 18 of 63 EXHIBIT C-ACC RED ITATION AND CERTIFICATION(CONTINUED) tandem,the Advisory Committee and director share the responsibility of operating the Museum under established and approved policies and procedures. FINANCE The CCMSH continues to meet all CFCP requirements regarding finance. POLICIES As noted in the introduction,when CCMSH was originally certified the field reviewer requested that the policy statements in the Museum's Collection Management Policy(CMF)be revised to match recommendations and minimum standards set forth by the CFCP certification process.These revisions have been done and were reviewed and approved by the CFCP coordinator Elizabeth Martindale in 2007. Therefore,CCMSH now meets all CFCP requirements regarding Policies. PROCEDURES As noted in the introduction,when CCMSH was originally certified,the field reviewer requested that the written procedures be revised to match recommendations and minimum standards set forth by the CFCP certification process.These revisions have been done and were reviewed and approved by the CFCP coordinator Elizabeth Martindale in 2007. Therefore,CCMSH now meets all CFCP requirements regarding procedures. PHYSICAL FACILITIES Physical facilities were considered sufficient to meet all CFCP requirements at the time of certification,and CCMSH continues to meet all CFCP requirements regarding Physical Facilities.As noted below under Collections Care,the location of the HIT and La Belle collections has been changed to the main collections storage area which has an improved HVAC system providing an enhanced physical environment for the collections. STAFF At the time of certification and until 2013,the museum was under the direction of Richard Stryker.As noted in the governance section,the daily management of the Museum has since been contracted to a private management company and now Carol Rchtmeycr is the Museum Director. In addition to the change in director,the CCMSH has seen a reduction in staff due to changing budgetary constraints. Until 2014,CCMSH had both a dedicated curator/collections manager Page 19 of 63 EXHIBIT C-ACCREDITATION AND CERTIFICATION(CONTINUED) and a registrar involved in the curation of the Museum collections. Since that time,these roles have been combined in one staff position.Currently JiIlian Becquet is the Collections Manager/Registrar.Ms.Becquet has a master degree in Museum Sciences from Baylor University and has proven highly effective since assuming the role. The CCMSH continues to meet all CFCP requirements regarding procedures. VISITING SCHOLARS AND RESEARCHERS The CCMSH continues to meet all CFCP Visiting Scholar and Researchers Requirements.As described under Collections Care,the relocation of the HIT and La Belle collections to the second floor has improved access for interested researchers by situating them closer to the materials as well as in an improved work space.Up to this point the Museum has been able to assist any researcher requesting access to HIT or the La Belle collections,but there is some measure of concern on the part of the CFCP Coordinator that the reduction in staffing has the potential to leave insufficient staff time to assist and supervise visiting scholars and researchers should demand increase. RECORDS MANAGEMENT The CCMSH meets all CFCP requirements regarding Records Management.The only substantive change at the Museum has been the adoption of a PastPerfect Collections management in place of the older Re:Discovery database. Staff report that the system has improved their ability to internally manage the collection,and they look forward to using the software to eventually enhance the online accessibility of the collection. COLLECTIONS CARE CCMSH meets all CFCP requirements regarding Collections Care. When certified in 2005,HIT artifacts,as well as the Ler Belle shipwreck collections,were maintained in a separate space on the first floor of the building.Since 2010,all HIT and archaeology collections have been moved to the second floor main collections room where they have been placed on newer shelving and repackaged in improved housing.At the same time, with help from the THC,the Ler Belle collection was also transferred upstairs into new,high quality locked cabinetry,vastly improving the overall care and appearance of the collection. Though the previous space was adequate,the new space has also been refitted with an improved HVAC system that ensures a more stable climate.Compared to the ground floor location,the second floor storage area provides better protection from potential natural disasters such as flooding,which are of some consideration given the site of the museum on the bay front. Additionally,the security system and access control is better for the main collection than it was for the previous location,and the new location provides better adjacent facilities for collections research. Page 20 of 63 EXHIBIT C-ACCREDITATION AND CERTIFICATION(CONTINUED) RECOMMENDATION TO THE THC The recommendation is based on the findings summarized in this Written Narrative Report and constitutes the CFCP Coordinator's recommendation to award or deny re-certification or award provisional status. The Corpus Christi Museum of Science and History has no disabling or deficiency factors. Based on the reasons outlined in this document,the CCMSH has demonstrated that it continues to meet the stated requirements to he a certified curatorial facility.It is the recommendation of the CFCP Coordinator that CCMSH be re-certified to accept and maintain state-associated Held-In-Trust collections for another 10 year period. i=nature CP rdinator Date Page 21 of 63 EXHIBIT D - LICENSE AND 'PERMITS DEPART79C-tiT OF THE INTERIOR U.S.FISH AND WILDLIFE SERVICE w� roRirVii76 kUTHORITY-STATUTES Migratory Bird Permit Office 6 USC 668a P.U.Box 709-Albuquerque,NM 87103 Tel:505-248-7882 Fax:505-248-7885 a Email:permitsR2Mf3 t;fws.gov FEDERAL FISH AND WILDLIFE.PERMIT 50 CFR PART 54 CFR.FART 13 I.PERMITTEE 50 CFR 22.21 CORPUS CHRIS']I MUSEUM OF SCIENCE AND HIST-ORY 1900 N.CI[APARRAL CORPUS CHRISTI,TX 7$441 3. U.S.A. NUMBERM81126SA-0 4.RENEWABLE 5.MAY COPY YES YES NO NO 6.EFFECTIVE P.EXPIRES 04101/2016 03/.3112019 n NAME.AND TITLE Or PRINCIPAL OFFICER (1f:eJ is n Madxs) 9 TYFL OIPERMIT DEAD FACILE EXHIBITION EXECUTIVE DIRECTOR 10.LOCATION W I ERE AUTI IORIZED ACTIVITY MAY BE CONDUCTED TEXAS 1900 N.CHAPARRAL NUECES COUNTY CORPUS CHRISTI TX I f 0 N DI 110\S A NJ)At; I IOR¢ATIONS A.GENERAL CONDITIONS Star O3Tr IN SUBPART D OF 50 CFR 13,.AND SPECIFIC CON D11 IONS CONTAINED IN FEDERAL REGULATIONS CITED IN BLOCK 42 ABOVE,ARE.HEREBY MADEA PART OF THIS PERMIT.ALL ACTIVITIES AUTHORIZED IILREES MUST BE CARRIED O1.T IN ACCORD W ITB AND FOR THE PURPOSES DESCRIBED IN THE APPLICATION SUBMn7ED.CONTIN[JED VALIDITY,OR RENEWAL,OF THIS PERMIT IS 51 MIECT TO COMPLETE AND TIMELY COMPLIANCE WITH ALL APPLICABLE CONDITIONS,INC.LUDING THE FILING OF ALL REQUIRED INFORMATION AND REPORTS. B.THE VALIDITY OF THIS PERMIT IS ALSO CONDITIONED UPON STRICT OBSERVANCE OF.ALL APPLICABLE FOREIGN,STATE,LOCAL,TRIBAL.OR OTHER FEDERAL LAW C.VALID FOR USE BY PERMITTEE NAMED ABOVE. D. You are authorized to Possess for conservation education purposes the following eagle specimen(s): Qty Specimen Acquired from Date Acq, 1 Ba Id Eagle,full mount donated by US FWS 7/15/1971 1 Golden Eagle,egg on loan Am.Mus.Nat.Hist. 1970 1 Golden Eagle,study skin 1973 2 Bald Eagle,egg Forbes Nat.Sci.,for Youth Fndn _6/17/1975 2 Eagle,wings donated by Charles Mass 6/3/1980 1 Bald Eagle,egg Forbes Nat.Sci,for Youth Fndn 11/19/1969 1 Bald Eagle,egg Forbes Nat.Sci,for Youth Fndn 6/17/1975 E. You must obtain prior written approval from your migratory bird permit issuing office before acquiring,transferring,or disposing of any eagle. See standard condition 5 for instructions. F. Any person who is (1)employed by or under conlract to you for the activities specified in this permit,or (2)otherwise designated a subpermittee by you in writing,may exercise the authority of this permit. G. You and any subpemlittees must comply with the attached Standard Conditions for Dead Eagle Exhibition Permits. These standard conditions are a continuation of your permit conditions and must remain with your permit ADDITIONAL CONDITIONS AND ALTHORIZATIONS ALSO APPLY REPORTING REQUIREMENTS ANNUAL REPORT DUE:01131 You must submit an annual report to your Regional Migratory Bird Permit Office eachyear. Form: www.rws.gov/CQTTng3-202-13.pdf. �C,.IIrIFD BY pp HUNT � .n..,.aexgwAMr� TITLE DATE CLUI RA 17 U N 1T _".�,;,","'w",�' T tl rf'iSTRATLIR,MIGRATORY BIRD PERMIT OFFICF-REGION 2 01/13/2016 Page 22 of 63 EXHIBIT D—LICENSE AND PERMITS(CONTINUED) TEXAS PARKS & January 10,2017 WILDLIFE Corpus Christi Museum of Science and History 1900 N.Chaparral Corpus Christi,TX 78401 Enclosed is your new Educational Display Permit No. EDU-0117-008. Please review your permit for accuracy and make note of any restrictions. If additional authority is needed,you should request a permit amendment. Although the permit does not have to be renewed each year, annual reports are required for the permit to remain valid. Please note that all mortalities,retained and discarded,must be documented and reported on annual reports. Your first annual report will be due on January 10, 2018. The report form is also available online: http://tt)wd.texas.2 ov/busine ss/permits/lan d/wildlife/educational/. Furthermore, it is necessary for you to carry this permit when conducting authorized activities. Sub-permittees may carry a copy in lieu of the original permit. It is also advisable to carry some additional corroborative identification such as a driver's license. Please be sure to notify the Texas Parks and Wildlife Department Law Enforcement Office(s)in the region(s)of your field activities by telephone not less than 24 hours nor more than 72 hours prior to collection if collection techniques or devices being used are ordinarily classified as illegal (i.e.using gill nets or electro-shocking devices to collect fish, hunting/collecting along public roads and rights-of-way). A confirmed response from the local came warden is required prior to collection if the sampling activities being conducted involve methods of capture ordinarily classified as illegal. To determine appropriate regional office location and/or telephone number, please see http://www.ti)wd.state.tx.us/warden/connect/offices. If the regional office(s) or telephone number(s) is unknown, the number(s) may be obtained at any time by calling a Parks and Wildlife Communication Center: Austin-(512)389-4848;Houston-(281)842- 5100. In addition, please be advised that collecting in a wildlife management area is not authorized without prior written permission from the area manager. Please note that you will be required to obtain/hold a U.S.Fish &Wildlife Service federal permit for collection and/or handling of federally protected wildlife, including banding, possession, and/or salvage of migratory birds. Should you have any questions or require further assistance,please contact me via email, as it is the best way of communicating with me. Sincerely, Christopher Maldonado Wildlife Permits Specialist Page 23 of 63 EXHIBIT D—LICENSE AND PERMITS(CONTINUED) EDUCATIONAL DISPLAY PERMIT NUMBER EDU-0117-008 IS HEREBY ISSUED TO: Corpus Christi Museum of Science and History UNDER THE AUTHORITY OF CHAPTER 43,SUBCHAPTER C OF THE TEXAS PARKS AND WILDLIFE CODE The activities permitted by this document are to be carried out in accordance with the Texas Parks and Wildlife Code, the Rules and Regulations of the Texas Parks and Wildlife Commission, and all of the following provisions: I. This permit may not be transferred,assigned or conveyed by the holder. 2. The issuance of this permit is not a guarantee that a subsequent permit or renewal of this permit will be granted. 3. Required information and data shall be maintained at the address of the permit holder and shall be available for inspection at the request of personnel of the Texas Parks and Wildlife Department during the active life of the permit. 4. Acceptance of this permit constitutes an acknowledgment and agreement that the holder will comply with all Rules, Regulations, Orders and Proclamations of the Texas Parks and Wildlife Commission issued in accordance with the law and the conditions precedent to the granting of this permit.Failure to comply with any and all provisions of this permit may result in enforcement action, including criminal penalties authorized by the Parks and Wildlife Code,and the revocation of this permit. 5. This permit does not relieve the holder of the responsibility to obey all other local, county, state and federal laws while carrying out the authorized activities. -Issued by: X� January 10, 2017 Effective date Chris Maldonado Wildlife Permits Specialist 6. This permit will expire at midnight,January 10,2020. 7. The following individuals may conduct the activities authorized by this permit under the guidance of the permittee: SUBPERMITTEES: Adrien Hilmy,Dillon Reyes,John Ellis,Jonathan Garza,Madeleine Fontenot, Sarah Coles,Savannah Olkowski,Sophia Cathcart UNPERMITTED ASSISTANTS: A permittee engaging unpermitted assistants shall maintain on file at their office and possess on their person in the field a signed and dated list of all unpermitted persons assisting in permitted activities.(Individuals under the direct on-site supervision of permit holder). Page 24 of 63 EXHIBIT D—LICENSE AND PERMITS(CONTINUED) Expires 01/10/2020 Educational Display Permit No.IDU-0117-008 8. The following wildlife species in the specified quantities are authorized by this permit to be. a. This permit authorizes the possession of species native to 'Texas by donation/transfer from authorized permit holders or other legal sources and held for educational purposes. In accordance with TPWD facility standards set forth in §69.305 or WildUfe in Education —.A Guidefor the Care and Use of Program Animals by NWRA. Common Name Scientific Name Quantity --------------------------------------------------------------------------------------------------------------------------- Texas tortoise Gopheras berlandien NTF. l ---------------------------------------------------------------------------------------------------------------------------- In accordance with specifications listed on a valid federal permit if applicable. 9. The following means for taking or capture are authorized by this permit: a. Donations - Authorized permit holders for donations include wildlife rehabilitators, zoological, scientific research, and educational display permit holders. In addition, TPWD Game Wardens or licensed hunters would be considered legal sources. The Receipt for Dorkrtion Corm or a Wildlife Resource Document should be used to support a legal source. 10. The following locations for taking or capture are authorized by this permit: a. NO LIVE TAKE DIRECTLY FROM TI lE WILD AUTHORIZED I]. Permittee is authorised to tend mounted or salvaged protected wildlife specimens held by authority of this permit,for use in educational programs.All specimens shall be individually tagged or otherwise marked in such a manner as to allow identification of the permittee as the source of the specimen. Specimens must be accompanied by required specimen donation form provided by the Department.A copy of the completed form must be submitted with the annual report. 12. All specimens taken or salvaged shall be deposited with an appropriate collection or otherwise disposed of in accordance with paragraph 13d of this permit. 13. PERMIT HOLDER IS REQ1ARED TO: a.Nile a completed report form annually(provided on issuance of this permit),and any reports or publications based on data collected under authority of this permit,with the Texas Parks and Wildlife Department,Wildlife Diversity Permits Scction,4200 Smith School Rd., Austin,TK,78744,no later than fourteen days following the anniversary date of the permit (or the expiration date if the permit is due for renewal). YOUR PERMIT W11 J,NOT RE VALID IJNI,ESS YOUR REPORT HAS RFEN RECEIVED. b. Carry a copy of this permit at all times when exercising the provisions of this permit,which shall be subject to inspection by any authorized enforcement officer of the Department upon request. c. Notify the Texas Parks and Wildlife Department Law Enforcement Office(s)in the region(s) of your field activities by telephone not less than 24 hours nor more than 72 hours prior to collection if collection techniques or devices being used are ordinarily classified as illegal(e.g.using gill nets or electro-shocking;devices to collect fish,hunting/collecting along public roads and rights- of way). A confirmed response from the local game warden is required prior to collection if the sampling activities being conducted involve methods of capture ordinarily classified as WILL To determine appropriate regional office location and/or telephone number, please see http://www.tywd.state.tx.uslwarden/conneWoffices. If the regional nflicc(s) or telephone numbcr(s) is unknown,the numhcr(s)may he obtained at any time by calling a Parks and Wildlife Communication Center: Austin-(512)3119-4848;Houston-(281)842-8100. d. Dispose of protected wildlife taken under the authority of this permit in only one of the following ways: Page 25 of 63 EXHIBIT D—LICENSE AND PERMITS(CONTINUED) Expires 01/10/2020 Educational Display Permit No.IDU-0117-008 (1). Kill and utilize by examination, experimentation, necropsy or dispose of as waste in accordance with state law and city or county regulations (burning is suggested if not in conflict with city,county or state regulations). (2)-Hold permanently for scientific or educational purposes,or donate to another educational display, scientific, or zoological permit holder authorized to receive such specimens, with required specimen donation form provided by the Department.A copy orthe completed form must he submitted with the annual report. (3)- Donate edible portions of game species to charitable organizations, public hospitals, orphanages or indigent persons. Arrangements for donations are the responsibility of the permit holder. 14. PERMIT HOLDER IS PROHIBITED FROM. a. Selling or bartering specimens collected under the authority of this permit- Specimens may be donated to other permit holders by completing the receipt form enclosed with the permit- b. Collecting on private premises without prior written consent of the owner or operator of the premises- c. Collecting in a state park without a separate permit from the'I'cxas Parks and Wildlife Department Natural Resource Program: email:david-riskind(dtpwd.texas.-Rov. d.Collecting in a'wildlife management area without prior written permission from the area manager. e. Taking species listed by the department as threatened or endangered without express authority in paragraph 8 ofthis permit. 15- ADDITIONAL PROVISIONS: a.No hunting or fishing license is required for permit holders or individuals listed in paragraph 7 while conducting the activities expressly authorised by this pen-nit- Hach listed individual should carry a copy of this permit during collection activities, and a letter of permission from the permittee if working independently. h.This permit is subject to any applicable federal permit requirements.Where a federal permit is required,the permit holder is cautioned to carry a copy of the federal as well as the stale permit during collecting activity. For information on the federal permit contact:U-S-Fish and Wildlife Service,PO Box 709,Albuquerque,NM 87103-0709- 16- PERMIT HOLDER'S ADDRESS FOR RECORDKEEPING PURPOSES: Corpus Christi Museum of Science and.History 1900 N.Chaparral Corpus Christi TX 7MI xW,e,-,,.,wxW,F��,wx,���.,wx,����,,,,���.,,�.,��x,��,,,,,��,�.,,,�,,�.,,F�x•wx•,x,�x w,,xxwx W,,�xwx w,x wxwx�-x wxwx�wx wxw„ §69.305.Facility Standards. (a)All live birds or animals possessed under an educational display permit,or under a zoological collection permit in a facility that is not accredited by the American Zoo and Aquarium Association shall be kept in enclosures meeting or exceeding the standards set forth in this section. Page 26 of 63 EXHIBIT D—LICENSE AND PERMITS(CONTINUED) Expires 01/10/2020 Educational Display Permit No. EDU-0117-008 (b)The minimum cage sizes for mammals and reptiles shall be as follows.An enclosure for mammals shall add MIX,of the minimum cage requirement for each additional mammal contained in the enclosure.For each: (1)pronghorn antelope--2,500 square feet x 8 feet in height; (2)deer--1,800 square feet x 8 feet in height; (3)desert bighorn sheep--500 square feet x 8 feet in height; (4)black bear--400 square feet x 12 feet in height; (5)jaguar--2DD square feet x 8 feet in height; (6)fox--180 square feet x 5 feet in height; (7)woIf_150 square feet x 8 feet in height; (8)javelin--120 square feet x 5 feet in height; (9)other felines--100 square feet x 8 feet in height; (10)fur-bearing animals as defined by Parks and Wildlife Code,Chapter 71 (except fox)--72 square feet x 5 feet in height;and (11)all other mammals--24 square feet. (c)The minimum cage sizes for alligators shall be as follows.For each alligator: (1)the length and width of the cage shall be at least as long as the length of the largest alligator in the cage;and (2)far each additional alligator,an additional three square feet of enclosure space per foot of body length;and (3)there shall be access to pooled water sufficient to provide full immersion and dry land sufficient to permit complete exit from the water. (d)"fhe minimum cage sizes for birds shall be as follows: (1)raptors(excluding eagles,screech owls,and kestrels)--10 feet x 10 feet x 12 feet; (2)eagles--20 feet x 40 feet x 12 feet,and (3)all other birds,including screech owls and kestrels--6 feet x 6 feet x 12 feet. (e)Enclosures must be constructed in such a manner that prevents escape.Enclosures housing birds must he lined with nylon or plastic netting. (f)A facility shall ensure that: (1)each enclosure is supplied with clean water at all times,except as medical circumstance dictates otherwise; (2)authorized personnel observe and provide care for birds and animals daily,except as specifically authorized by permit;and (3)all medical treatment of animals is performed in consultation with a licensed veterinarian. (g)The department at its discretion may inspect any facility at reasonable times to assess compliance with the provisions of this subchapter. Page 27 of 63 EXHIBIT D—LICENSE AND PERMITS(CONTINUED) Page 1 of 1 SPECIAL PURPOSE POSSESSION DEAD MIGRATORY BIRDS FOR EDUCATIONAL USE { Permit Number: MB11266A-1 Effective:06/2212017 Expires:03/31/2019 Issuing Office: Department of the Interior U.S.FISH AND WILDLIFE SERVICE Migratory Bird Permit Office P.O.Box 709 Albuquerque,NM 87103 Tet 505-248-7882 Fax:505-248-7885 Email:permitsR2MB@fwa.gov ADMINISTRATOR,MIGRATORY BIRD PERMIT OFFICE-REGION 2 Permittee: CORPUS CHRISTI MUSEUM 1900 N.CHAPARRAL CORPUS CHRISTI,TX 78401 U.S.A. Name and Title of Principal Officer: -EXECUTIVE DIRECTOR OF CCMSH Authority:Statutes and Regulations:16 USC 703-712-150 CFR Part 13,54 CFR 21-27. Location where authorized activity may be conducted: 1900 N.CHAPARRAL NUECES COUNTY; CORPUS CHRISTI TX Reporting requirements: ANNUAL REPORT DUE:01131 For Special Purpose Possession Annual Report see: httpJlwww.fws._qovlformsl3.202-5.pdf Conditions and Authorizations: A. General conditions set out subpart D of 50 CFR 13..and specific conditions contained in Federal regulations cited above are hereby made apart of this permit. All activities authorized herein must be carried out in accord with and for the purposes described in the application submitted continued validity or renewal of this permit is subject to complete and timely compliance with all applicable conditions,including the filing of all required information and reports. S. The validity of this permit is also conditioned upon strict observance of all applicable foreign,state,local,tribal,or other federal law. C. Valid for use by permittee named above. D. You are authorized to possess for conservation education purposes lawfully acquired dead migratory bird specimen(s).including parts,nests,and nonviable eggs. This authorization to possess migratory birds does not apply to bald eagles ar golden eagles. E. Any person who is (1) employed by or under contract to you for the activities specified in this permit,or (2) otherwise designated a subpermittee by you in writing,may exercise the authority of this permit. F. You and any subpermittees must comply with the attached Standard Conditions for Special Purpose Possession Dead Migratory Bird Educational Use Permits. These standard conditions area continuation of your permit conditions and must remain with your permit. G. If applicable,prior to any permit activity,a current State permit must accompany the Federal permit. Please submit within 30 days,a copy of the State permit to permits2mb@fws.gov. Page 28 of 63 EXHIBIT D—LICENSE AND PERMITS{CONTINUED} P]FR[6R.IN.IPF. RKRVI['B Standard Conditions Special Purpose Possession Dead Migratory Bird Educational Use Permits 50 CFR 21.27 All of the provisions and corrdil.ions of the governir3g regulations at 50 CF'l2 part 13 and 50M part 21.27 are conditions ofyour permit. Failure to comply with the conditions of your permit could because for suspension of the permit. The standard conditions below are a continuation of your peiinit conditions and must remain with your permit.1f you have any questions regarding these conditions,refer to the regulations or,if necessary,contact your migratory bird permit issuing office. For curies of the regulal.ions and forms,or to ohl.airr cc>rrlacl.irifcnnation for your issuing office,visit:httla:l/www.fws, Og v/migi�at2LYbnds/iiibperiiiits.htd111. 1. The intent of this permit is wildlife conservation education Your educational programs must include inforrnalion about migratory bird ecology,biology,and/or conservation. 2. You must present a minimuun of 12 programs that are open to the public each year. 3. You may not display any migratory bird specimen(s)in any manner that implies personal use. You may not use any migratory bird specuneris to promote or endorse any product,merchandise,goods,services,business or organization except your own educational activities. 4. Whenever you exhibit any specimens,you must include either a writl.en or verbal statement that your possession and exhibition of tiie migratory bird Specimen($)is by permission of the U.5.Fish and Wildlife Service. 5. You must obtain prior written approval from the migratory bird permit issuing office before you acquire, transfer,or dispose of any migratory bird Specimen(s). G. Any migratory bird carcass you send to a taxidermist must be returned to you. 7. A subpemmittee is an individual to whom you have provided written authorinition to conduct some or all of the permitted activities in your-absence. Subpermlittees must be at least 18 years of age. As the permittee,you are legally responsible for ensuring that your subpermnittees are adequately trained and adhere to the terns of your permit. You are responsible for maintaining current records of who you have designated as a subpemiittee, including cc>Fries of designation letters yoxi have provicteci. Other individuals,including 1110Se rnrder 1110 age of IS,may conduct the permittedactivities only if you or a designated subpermillee are present.. 8. You and any subpennittees must carry a legible copy of this permit arid display it upon request when exercising its authority. Subpermittees must also cavy your written subpermittee designation letter. 9. Any migratory bird specimen(s)held under this permit remain in the stewardship of the U.S.Fish and Wildlife Service and may be relocated at any time for just cause. 10. YOU mutt maintain records as required in 50 CFR 13.46 and 50(71'R 21.27.All records relating to the permitted activities must be kept at the location indicated in writing by you to the migratory bird permit issuing office. 11. Acceptance of this permit authorizes the U.S.Fish and Wildlife Service to inspect any wildlife held,and to audit or copy any permits,hooks,or recor&s required to be kept by the pewit.andgoverrring regulations. 12 You may not conduct the activities authorized by this permit if doing so would violate the laws of the applicable State, county,municipal or tribal government or any other applicable law. (SPPS13-1213/2011) Page 29 of 63 EXHIBIT E — COLLECTION MANAGEMENT POLICY Corpus Christi Museum of Science and History 1900 North Chaparral Corpus Christi, TX 78401 Collection Management Policy PURPOSE OF THE MUSEUM The mission of the Corpus Christi Museum of Science and History is to present the story of the cultural crossroads of the New World. With a unique confluence of natural history,science, people and environments,the South Texas area has served as a stage for the ongoing discovery of the Americas. Through innovative programs in history, culture, and science,the museum is committed to enlarging a shared understanding of our history and heritage as well as the impact and importance of science to our lives. By telling this story,the Museum will inspire a thirst for knowledge, context, and understanding. Strategic Objectives To guide this mission the Advisory Committee adopted a series of Strategic Objectives: A. Corpus Christi Museum of Science and History will build programs around three basic themes: Humans,the Environment, and Science. 1. How have human migration, cultural encounters,and interactions shaped the unique human character of South Texas and, in turn,how has South Texas influenced the world? 2. How have environmental features and resources been linked to the human migrations, settlements, and physical exploitation of South Texas resources? 3. What does science tell us about the unique natural world of South Texas and how can we best conserve our unique resources? B. The Museum will collect and preserve unique specimens, artifacts, and ephemera which illuminate our three basic themes and support innovative programming. C. To create new knowledge,Museum collections and resources will be shared with the public and researchers. (Adopted by the Museum Advisory Committee- September 2005) Page 30 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) PURPOSE OF THE COLLECTION The Museum collects and preserves unique specimens,artifacts,and ephemera which illuminate our three basic themes and support innovative programming. To create new knowledge,Museum collections and resources will be shared with the public and researchers. Responsibility for the Collection The City Council established the museum:an administrative department responsible for the operation of the Corpus Christi Museum of Science and History as a scientific institution for information, education and recreation;and support services for the museum advisory board.(Code of Ordinances,City of Corpus Christi,Texas,Article 111, Section 2-51) The City Council authorized the Advisory Committee to adopt comprehensive policies for acquiring,holding,and disposing of,by any legal means,real estate and personal property(collections)to further the purpose of the Museum. The Museum Advisory Committee consists of twelve(12)members appointed by the mayor with the advice and consent of the city council. The guidelines for selection of members and the terms of service are included in Code of Ordinances,City of Corpus Christi,Texas, Article IV,Division 5, Section 2-90. State laws pertaining to the operation of museums vest in the governing authority the power to acquire and conserve real estate and personal property under the following provisions:Article 4412a, Article 7150,Section 4 of Article 7150, Section 14 of Article 7150,Section 22A of Article 7150. (See attached"Laws of Texas Pertaining to Museums") The Advisory Committee recognizes the unique situation of its members and recognizes museum ethical standards in addition to those of the City. The responsibility for implementing collection management policies and developing appropriate procedures rests with the Director,who has delegated the following duties and responsibilities: The Collection Manager is responsible for supervising all aspects of collection care and collection inventories. He/She is responsible for managing acquisitions,accessions,and standardization of the collection catalogue. It is the Collection Manager's responsibility to maintain cleanliness in all collection areas and to monitor environmental conditions. It is also his/her responsibility to work with adjunct and honorary curators and ad hoc collection committees to establish object conservation priorities and to pursue grant funding that will benefit the collection. Honorary curators,adjunct curators,and collection committee members are appointed by the director to assist him/her in the development of collection plans,policies,and procedures. They may also be asked to give advice on acquisitions,deaccessions,and conservation practices. Honorary curators, adjunct curators,and collection committee members are privileged to perform collection based research and conduct educational classes utilizing the collection. It is expected that,through their activities,the collections might become more publicly accessible. The Registrar is responsible for accessioning new acquisitions,processing deaccessions,and performing ongoing inventories of the collection. The Registrar is also responsible for maintaining all written records for the collection,including loan documentation. The Registrar will report to the Collection Manager any collection management practices deemed substandard,ill-advised,or improper. The Librarian is responsible for supervising all aspects of collection care for the library,archival, and photographic collections. He/She is also responsible for managing the acquisition and accession processes and managing the standardization of the library collection catalogue.The Librarian is responsible for supervising the ongoing collection inventory and making conservation recommendations. Page 31 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) ACQUISITIONS Scope of the Museum Collection The early years from its founding as a Junior Museum in 1957 to its transforming to a collecting institution were fairly open ended. In 1961,the Board voted to change the name from the Junior Museum to the Corpus Christi Museum. When it became clear that a broader base of support was needed,the City agreed to help fund the Museum. The growth of the collection accelerated thereafter under a mission that was very broad in scope. • "The primary purpose of this Museum is to contribute to the understanding of man's place in the world of nature and to impart this knowledge to the public." However,after a new director was hired in 1985 the Advisory Board was asked to provide some guidance for management of collection acquisition and development of exhibits and programs. By this time the scope of the collection was broad and the collection largely uncataloged. Some policy guidance was needed. • "The Corpus Christi Museum is an educational institution that collects and preserves objects and artifacts representing natural and cultural history and uses these collections to contribute to the enjoyment and understanding of man's place in the world of nature and to impart this knowledge to the public. The museum does research based on its collection,offers education and arts programming and provides a facility for a center of learning." (Adopted: 8/1/1985) This new mission provided a description of the broad range of collecting,programming,and exhibitry that had developed over the formative years. It also gave definitive direction to staff that the Museum was to continue to develop as a collection centric institution. The Museum's first collection management policy was adopted in 1987. This drove the expansion of staff,development of exhibits and programs,and the expenditure of resources. However,the director returned to the Advisory Board requesting that they give consideration to narrowing the scope and providing staff with a more focused direction. • "The Corpus Christi Museum of Science and History collects and preserves natural and cultural history objects with emphasis on South Texas and its place in the world. It presents educational exhibits and program to encourage learning related to its collections." (Adopted November 12, 1990) By narrowing the scope to south Texas,the growth of the collection could be more focused and a deaccession program initiated. The backlog of cataloging for natural history specimens was gradually erased while the backlog of history collection cataloging remains about 50%. The use of the collection for educational purposes remained limited and the public acceptance of and interest in the display of systemic collections diminished,as reflected in 15 years of decreasing attendance. This prompted a revision of the mission in 2005 to one that removed collecting as an explicit mandate of the mission. Under the present mission the Museum collects to illuminate three basic exhibit themes and to support innovative programming. Museum collections and resources will be shared with the public and researchers to create new knowledge. Responsibility for Acquisitions This change has driven a reprioritizing of staff resources. In 2005 there were five individuals whose primary functions were collections based while two people were focused on programming. That changed in 2006 with only two staff positions with collection based primary functions and five staff positions which are focused on programming. Clearly we are no longer interested in building a collection. Rather we are focusing our collection on current needs. Aspiring to become the best possible museum requires a practice of acquiring the best available objects that are needed to"illuminate our three basic exhibit themes and support innovative Page 32 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) programming." Considerations for Accessioning Decisions 1. Care—Are there resources for providing proper storage,management,and care of the acquisition without compromising the rest of the collection? 2. Condition—Is the acquisition in good condition? Will it take a large amount of resources to stabilize or restore it? Is it so badly damaged that it will soon be worthless? 3. Cost of upkeep—Is the cost of keeping the acquisition equal to the benefits of having it in the collection? 4.Duplication—Does the acquisition duplicate something that is already in the collection? 5.Documentation—Is the documentation adequate to establish the significance of the acquisition to the museum? 6.Legal title—Will the museum be able to secure clear and legal title to the acquisition? 7.Legality of acquisition—The museum is responsible for making sure that everything it accessions was legally obtained,exported,and imported. (Otherwise the museum probably will not be able to claim ownership of the acquisition.) 8.Potential use—Is the acquisition likely to be used for research,reference,loan,exhibition, education,or exchange? Is it an object,artifact,or specimen that is a voucher(an example or proof)for research or other scholarship activity? 9.Provenance—Is the provenance established and adequately documented? 10.Public relations—How will the addition of this acquisition affect the museum's image? Will it attract visitors or damage public support? 11.Purchase price—Is the purchase price in line with current market values? 12.Relevance—Is the acquisition relevant to the mission and the scope of collections? 13.Restrictions—Is the acquisition free from restrictions on ownership,intellectual property rights,copyright,and trademark? 14. Safety and security—Will the acquisition compromise the safety or security of the staff or visitors? Will the acquisition require expensive safety measures to protect? 15. Scope—Does the acquisition fit the scope of the collection(geographic,subject,temporal, and use)? 16. Special considerations—Are there extenuating circumstances or conditions that affect the decision to acquire or not acquire the acquisition for the collection? COLLECTION DESCRIPTION A. Scientific Specimens The Museum collects scientific specimens representing the environment of South Texas. It also collects relevant comparative specimens from other geographic regions in order to aid in research, identification,exhibits,and education programs. The collection includes type and voucher specimens used as the basis for published scientific research. The Collection Manager is responsible for collection care. Specimens are used in exhibits and educational programs that are compatible with their preservation. Access to the collection may be allowed to interested visitors at the discretion of the Collection Manager. Access to all information relating to the Museum collection(except donor records) must be made publicly available. Unaccessioned specimens may be used in educational programs. These are stored in more accessible areas and are considered expendable. The Collection Committee seeks specimens that are needed for the collection and meet the collection criteria. With the approval of the director,they maybe acquired through field expedition, donation,bequest,or purchase. The Collection Manager coordinates specimen preservation and conservation sets standards in the use and care of the natural history objects. Page 33 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) Specimens must have been collected and/or imported with full knowledge and permission of the country or state of origin,and in compliance with U.S.and Texas laws.(Reference IUCN Red Data Books,U.S.Fish and Wildlife Service Regulations,Texas Parks and Wildlife Code.) The Collection Manager acquires and maintains the necessary municipal,state,and federal permits to allow the Museum to hold these collections legally. The permits should all be issued in the name of the Museum Director. B. Cultural Artifacts The Museum collects artifacts representing the history and culture of the people of South Texas. The Collection Manager is responsible for collection care. Artifacts are used in exhibits and educational programs that are compatible with their preservation. Access to the collection may be allowed to interested visitors at the discretion of the Collection Manager. Access to all information relating to the Museum collection(except donor records)must be made publicly available. Non accessioned artifacts may be used in educational programs. These are stored in more accessible areas and are considered expendable. The Collection Committee seeks artifacts that are needed for the collection and meet the collection criteria. With the approval of the director,they may be acquired through donation,bequest,or purchase. The Collection Manager coordinates artifact preservation and conservation and sets standards in the use and care of the cultural collections and exhibits. Artifacts must have been collected and/or imported with full knowledge and permission of the country or state of origin,and in compliance with U.S.and Texas laws. Cultural properties from outside the United States offered as a donation must be accompanied by a signed and notarized statement from the donor attesting to clear title. (reference:U.S.Customs Laws,National Stolen Property Act,Pre- Columbian Statute of 1972,and Cultural Property Implementation Act of 1983.) C. Special Collections 1.Live animal specimens,acquired by donation,field expedition,or purchase. The live animal collection is cared for and disposed of at the discretion of the Museum Educator. Clear title must be established before any specimen is accepted and it must comply with all municipal,state and federal laws regarding plants,fish and wildlife. Specimens in this collection are not accessioned,although donations are acknowledged. All live animals have a limited life span and are,therefore,considered expendable. 2.Las Doiias de la Corte gowns represent a tangible aspect of Buccaneer Days,an annual event with community-wide impact. They chronicle the history of this event and are interesting exhibit pieces. Examples may be added to the Museum collection. 3.Fine art objects may be collected to represent the cultural life of the people of South Texas as well as those works that represent the aesthetic vision of contemporary South Texas artists. The Museum will acquire artwork from living artists currently residing in the Corpus Christi area at the discretion of the director. Artworks will be used decoratively at the Museum and may be loaned for extended periods for display at public venues that are not museums. 4. Oral history interviews may be taped with citizens on the subject of Corpus Christi history. Oral history tapes are for educational purposes to be used by Museum staff and its associates.The wishes of the interviewed person will be respected regarding privacy of contents of the tape. No copy for third parties will be made unless permission is obtained in writing from the person interviewed. The person interviewed may request a copy of their own tape. The price of this copy will be the price of the tape. After the death of the person interviewed,the tapes will be considered released as to Page 34 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) privacy. If the family of a person who passed on requests a tape and none has been made before,one copy will be made for the price of the tape. Although the tapes are not produced for"public'use,the Museum Auxiliary will make copies for responsible parties. A donation of 525.00 to the educational fund of the Auxiliary is requested for the task. The information contained in each tape is considered property of the Museum. No public use may be made of it. Educational use,in a classroom situation,is allowed. 5.Repository objects not belonging to the Museum may be accepted for long term storage and curation. The Museum is the marine archaeology repository for the State of Texas. The Museum Archaeologist is the curator of this collection although care is the responsibility of the Collection Manager. Adequate funds to provide for the care of the objects for the term of the repository agreement must come with the collection and the director must give his approval. An agreement for state-associated held-in-trust collections must be concluded that identifies the agency, institution, objects/collections/documents, and housing/curation criteria for which stewardship is transferred This Held-in-Trust agreement is made when stewardship of collection is transferredfrom THC to curatorial facility. All paper records for state-associated objects are kept in a secure record storage room. All electronic records are stored on the city servers at City Hall and backed up once a week on an external hard drive. An annual report of all activity with state-associated collections will be submitted to THC. D. Library Collection The library is maintained as a non-circulating reference collection of books,periodicals,and other materials for use by the museum staff. Visitors may be allowed use of the library with permission of the director. The material contained in the library relates to the collection and interests of the Museum. The Librarian is responsible for care of this collection. Staff is encouraged to submit requests for the purchase of material that will enhance knowledge in their area of expertise. Books are acquired by purchase or donation. Materials are purchased only with approval of the director.Materials in this collection are not accessioned,although donations are acknowledged. Library materials are subject to continued use and by their nature might be outdated by new information.These materials are considered expendable and may be disposed of at the discretion of the director. E. Archives Collection The Museum collects archival materials,including photographs that represent the cultural history of the people of South Texas. These materials are generally not stable enough for use in exhibits,but copies may be used in exhibits or for other educational purposes. Interested visitors may be allowed access to this collection at the discretion of the director. These materials are accessioned and are the responsibility of the Museum Librarian. Items may be added to this collection at the discretion of the director. DESTRUCTIVE ANALYSIS Destructive analysis is defined as an activity that alters the appearance or condition of an object. Destructive Analysis of repository objects may only be done with the permission of the Texas Historical Commission,or the agency to which the object belongs. Prior to the analysis, a research proposal must be submitted to the Museumfor evaluation that includes research goals and objectives, qualifications of researcher, and specific samples or objects to be sampled. The loans will be made to the institution with which the researcher is associated. If the proposal is for state-associated held-in-trust collections and is rejected, an appeal can be made to THC. Destructive analysis may be warranted if the following conditions prevail: Page 35 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) process,once begun,should be completely public. Because the collections of the Museum are held in public trust,it is useful to note Article 4412a. of the Laws of Texas Pertaining to Museums. The Attorney General of Texas has specific authority to take legal action to protect and preserve items of property held in"public trust,"that is,for the use and benefit of the public. The statute covers any corporation,trust,community chest,fund,foundation,or other entity which is organized for charitable,scientific,philanthropic,"or other civic or public purpose." This broad definition includes museum collections. II. Authority and Responsibility Any member of the Collection Committee may recommend that an object be considered for deaccession. The deaccession process is initiated by submitting a Deaccession and Disposal Record form to the Collection Manager. The Collection Manager is responsible for confirming clear and unrestricted title to objects proposed for deaccession as well as checking for any restrictions,legal issues,or ethical concerns affecting deaccession or disposition. The Collection Committee reviews the proposed deaccession based on the Museum's purpose,scope of the collection,and guidelines covered in this policy and makes a recommendation to the Director who will then approve or deny the proposed deaccession and disposal method. Deaccessions and disposals approved by the Director are brought before the Museum Advisory Committee for final approval. III. Guidelines for Deaccessions Before approving any object for deaccession,clear and unrestricted title to it must be established. See applicable sections of this policy for more information regarding clear and unrestricted title. No object may be deaccessioned in order to provide funds needed for the operation of the Museum. Proceeds from the disposal of an object must be used for collection acquisition. Objects proposed for deaccession will be evaluated based on the Museum's mission,scope of the collection,and guidelines as outlined in this policy. An object may be deaccessioned for the following reasons: 1. To remove an object that that no longer falls within the Museum's mission,purpose,or scope of collections; 2. To remove an object that is sufficiently represented by duplicates in the collection or has been replaced by a superior example; 3. To remove an object that is inferior,determined to be unauthentic,or has critically inadequate or absent provenance documentation; 4. To remove an object which has suffered damage or deterioration beyond the point at which reasonable and affordable measures could be taken to preserve it; 5. To remove an object that is unlikely to be used in exhibits,programs,or research in the foreseeable future; 6. To remove an object that is potentially hazardous to objects in the collection or human health and safety; 7. To transfer to another museum,or educational institution,an object that is deemed to be significantly more useful and relevant to the collection of the other institution than that of the Museum; 8. To carry out a mutually beneficial exchange of objects with other museums or educational or Page 36 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) scientific institutions; 9. To formally document the removal of an object that has been lost or stolen; 10. To comply with any legal statutes or court rulings; 11. To accomplish any other purpose deemed by the Museum Advisory Committee to be appropriate within the spirit of this policy,the Museum's mission,and applicable law. Reposited collections are not owned or accessioned by the Museum and,therefore,cannot be deaccessioned by the Museum and are not covered under this deaccession policy. Only the Texas Historical Commission has the authority to deaccession state-owned held-in-trust collections. Other repository collections may only be deaccessioned by the repositing agency. For information regarding deaccession and disposal of repository collections,see the Reposited Collections section in this policy. Natural History specimens have been brought into the Museum as part of field collecting by curators, honorary curators,research scientists,or citizens. These field collections are evaluated and significant specimens are catalogued. Specimens from these field collections are considered accessioned at the time of cataloguing. Therefore,specimens from field collections that have not been catalogued are not considered accessioned and may be disposed of during evaluation without being deaccessioned. Reference materials for the Museum's library have occasionally been accessioned in the past. Current policy dictates that the Museum does not accession library reference materials. For the purpose of documentation and consistency,reference materials that were accessioned will be properly deaccessioned and disposed of according to this policy and supporting procedures. Reference materials that have not been accessioned are considered general Museum assets and may be disposed of without deaccessioning. Education collections were maintained in the Museum's past. This practice was primarily followed with Natural History specimens. The objects so classified hold little or no monetary,scientific,or historic value. The Museum no longer maintains separate education collections. Objects that were accessioned but marked"education collection"are considered part of the collection and must be properly deaccessioned and disposed of according to this policy and supporting procedures. Objects that were not accessioned and were marked"education collection"are not part of the collection and not subject to deaccession. However,disposal of these objects must be carefully considered because of the similarity to accessioned objects. Objects under this circumstance will be brought before the Collection Committee for careful consideration. The Director will make the final decision regarding disposal. Live animals are a special collection under the care of the Museum Educator. The collection is not accessioned and is exempt from this deaccessions and disposal policy. See the special collections section of this policy for information. IV. Disposal of Deaccessioned Objects Deaccessioned objects are removed from the collection by means of sale,exchange,donation,transfer,or destruction. The sale or disposal of surplus property from Museum collections is exempt from the provisions of City Ordinance Code Sections 17-4 by Ordinance 19350. Disposal of any deaccessioned object will be carried out in accordance with all applicable federal,state, local,and international laws,treaties,and regulations including but not limited to laws protecting Plant and Wildlife,Antiquities,and Historic Properties,and the Import,Export,and Transfer,of Cultural Property. The Collection Manager is responsible for fully documenting disposal of objects covered under laws as outlined in procedures. Applicable ethical standards will be considered in disposal decisions including those established by the American Association of Museums and the Society for American Archeology. In disposing of objects by Page 37 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) 1)The object to be analyzed is not unique within the Museum collections. 2)Sacrificing the object or a part of the object will benefit science or will improve the Museum's conservation efforts. 3)The proposed analysis is highly likely to produce useful results and the institutions or individuals who perform the analysis are competent. 4)The analysis will be performed in a timely manner. 5)Results of the analysis will be published in a scientific journal in a timely manner. 6)The Museum Director and the owner of the object approve the analysis(if it is part of a repository collection). An object may be considered for destructive analysis if: 1)The analysis will contribute to the development of more effective conservation techniques. 2)The analysis will provide answers to historical,archeological,or scientific questions that can be answered no other way. 3)The artifact is not unique. Once an object has been selected for destructive analysis the following documentation procedures will be used: 1)The object will be thoroughly recorded with respect to its shape,size,mass,special markings, etc.,prior to submission for destructive analysis. The due dates of the loan will be tracked and extended or recalled/returned as appropriate. 2)New records and results of analysis will be appended to the existing accession files. 3)Copies of all resulting articles will be filed in the Museum library. 4)The object will not be deaccessioned. 5)All unused portions will be returned to the curatorial facility. DEACESSIONS AND DISPOSAL L Introduction For most of its history the collection of the Corpus Christi Museum of Science and History was considered the core of the Museum and the purpose and the reason for its existence. In 2005 a new mission statement was adopted which removed collecting from the mission of the Museum and made it a strategic objective to support the mission. Strategic Objective B.The Museum will collect and preserve unique specimens,artifacts,and ephemera which illuminate our three basic themes and support innovative programming. Strategic Objective C.To create new knowledge,Museum collections and resources will be shared with the public and researchers. There was no intention through this action to diminish the Museum's responsibility to care for the collection,but there certainly was the intention to limit the growth of the collection and to eliminate it as the central focus of exhibits and programs. Deaccessioning is the formal process used to legally and permanently remove an accessioned object from the collection. Disposition is the manner in which the Museum transfers a deaccessioned object to a new owner or destroys it. The removal of any accessioned object from the collection is a sensitive and potentially controversial issue. Because the Museum's collections are held in public trust,the Advisory Committee and staff of the Museum are under particular scrutiny when deaccessioning an object. Deaccessioning can strengthen the collection,improve management of the collection,and save money which can then be applied to acquisitions. A strong policy and sound practices are important in order to preserve the reputation of the Museum and avoid claims on other objects from heirs,estates,or sellers. An attorney's opinion should be sought on any deaccession thought to be controversial. The deaccession Page 38 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) exchange or donation,the Museum becomes associated with the receiving institution. The practices of the receiving institution will be considered to prevent the Museum from becoming associated with unethical practices. Deaccessioned objects will not be sold,or ownership otherwise transferred,to Museum staff,City of Corpus Christi employees,volunteers,members of Museum support groups,members of the Museum or City's governing authorities,or representatives or family members of these individuals. A. Disposal by Sale Net proceeds received from the sale of deaccessioned objects will be used only to acquire new objects for the collection. If there is any question as to the value of an object,the Museum will get two informed outside appraisals on the object. These should document the object's authenticity and assure that the Museum does not accept less than market value for the object. Disposal of objects from the collection will never be through the Museum shop,or in such a manner that it involves an interested entity helping in the liquidation of Museum assets. The disposal by sale of any deaccessioned object requires the following process: 1. The Director will propose that deaccessioned objects from the Museum collection be declared surplus and request,in writing,a recommendation of the Museum Advisory Committee. 2. The Museum Advisory Committee must approve the Director's recommendation for disposal by sale. 3. The Director of Finance will be notified by the Museum Director after the Museum Advisory Committee approves the disposal by sale. 4. The Director of Finance will make provisions such that proceeds from the sale will be placed in a Collections Fund of the Museum Foundation which is dedicated to acquisitions to the collection. B. Disposal by Exchange or Donation Deaccessioned objects may be disposed of by exchange with,or transfer to,another appropriate museum,educational,or scientific institution. Deaccessioned objects will never be exchanged or donated to private individuals. Deaccessioned objects may only be transferred to private individuals through sale as outlined in this policy. C. Disposal by Transfer Deaccessioned objects may be transferred to the Museum's education department for use in educational programs. Objects subject to this action should have little or no market value,or historic or scientific significance. Any deaccessioned object transferred to the education department will be removed from collection storage,quarantine,or work areas. The object must be stored in an area dedicated to educational supply storage. The object is considered expendable and is no longer covered under this policy. V. Guidelines for Donor Notification One of the crucial components in the deaccession process is the Tax Reform Act of 1984. Under its provisions,if the museum disposes(by sale,exchange,or any other method)of a donation within two Page 39 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) years of a donation,the museum is obligated to notify the donor and the IRS by filing form 8284. This provision applies if the donor has claimed a charitable deduction under Section 170 of the IRS code of more than$5,000 for either a single item or an aggregate of items donated to one or more institutions. The Act requires that if the value is more than$5,000,the donor must supply an appraisal summary to the museum. The museum is subject to a$50 fine if the preceding is not adhered to. Once the Museum establishes its clear and unrestricted title to an object,the donor has no legal interest in it. If a deaccession no longer falls under the statute of limitations of the Tax Reform Act of 1984,it is then only a practice of goodwill to notify the donor or heirs of the disposition of a collection or object. It is possible to label the funds or new acquisition purchased with those funds as a gift from the donor. Appropriate action will be considered by the Museum Director on a case-by-case basis. VI. Required Documentation The Collection Manager,with delegation of duties to the Registrar,is responsible for ensuring all proposed deaccessions and disposals are properly documented in accordance with this policy and the supporting procedures. A complete record of each deaccession,including a complete Deaccession and Disposal Record form,and all supporting documentation of will be kept permanently in a secure storage room. Page 40 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) LOANS Whether objects are being brought into the Museum(borrowed)or sent out of the Museum (loaned),they are loans and subject to the laws pertaining to bailment. The Collections Committee must approve all conditions and terms associated with loans. The Corpus Christi Museum of Science and History Collections Committee is composed of the Museum Director,the Collections Manager,and Librarian and other individuals as appointed by the Director.The Executive Director of the Texas Historical Commission or his designee is included as a member of the Corpus Christi Museum of Science and History Collections Committee in all matters pertaining to the use of the La Belle Collection. Incoming Loans When an object is brought into the Museum,the lender is the bailor(the giving one)and the Museum is the bailee(the one receiving). A)The general rule is that any object taken into the custody of the Museum should receive care equal to or better than that devoted to objects in the Museum permanent collection. It should be carefully packed and transported,proper security and climate control should be provided and,above all,it should be accompanied by proper documentation. B)Any appropriate owner may be asked to lend an object to the Museum. The Collection Manager with the approval of the Collections Committee initiates all loans. The Collections Manager is responsible for the care and security of the object during the period of the loan and securing insurance coverage prior to the loan. C)The Collections Manager is responsible for documentation of loans(both outgoing and incoming) including the completion,execution,and distribution of all forms. The Collections Manager is responsible for packing,transport,and registration of the object. Details concerning handling, transportation,and care must be approved by the Collections Committee. D)There is a single loan form for both incoming and outgoing loans,and all such actions must adhere to the conditions and terms as stated on this form. The lending institution's loan form may be used with the concurrence of the Collections Committee. E) No loans will be accepted except for special exhibits and research. The loans should serve a public purpose. In carefully considered cases,there may be exceptions but only with the formal agreement of the Museum Advisory Committee. F)Photographs of the object may not be taken without permission of the lender. G)Loaned objects may not be loaned,assigned,mortgaged,claimed,or in any way encumbered by the borrower. H)Objects may be taken into the Museum for a very short term for study,identification,attribution or evaluation. Only the Director or Collection Manager may accept objects for this purpose. Under this policy: 1)Objects may never be appraised by Museum staff members. 2)The Collections Manager supplies a receipt of delivery which outlines the terms of this special type of loan. 3)The Museum and its employees are held blameless in the event of loss,damage or deterioration of the item(s). 4)Any item(s)not claimed within 30 calendar days becomes the property of the Museum. Page 41 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) 5)In cases where the owner is unknown,public notice must be given before the item is accessioned. Only the Advisory Committee,with the advice of legal counsel,may approve the accession of such unclaimed loans. 6)Proper notice will be given to owners in cases where the owner is known. This will notify them that the Museum will claim the item unless it is removed from the Museum premises. 7)Until the item is retrieved,it will be stored and maintained at the owner's expense. 1)No commercial exploitation of the fact that the object has been exhibited by the Museum may be used. This is to offset objects being sold or auctioned at higher prices because of their selection for a Museum exhibition. J)No employee of the Museum or member of the Advisory Committee may lend an item to the Museum without public discussion and approval by the Advisory Committee. This is to avoid any appearance of self-dealing. Outgoing Loans When an object is lent out by the Museum(Outgoing Loan),the Museum is the bailor(the giving one) and the borrower is the bailee(the one receiving). The purpose of loans shall be to reach a wider audience and facilitate research.While on loan,objects must be afforded a level of care and protection as provided by and subject to the written approval of the Collections Committee. Loans for exhibit purposes are made to a qualified institution and that institution shall assume responsibility for the proper administration of the loan and the care and security of the object(s). Loans for research purposes are made to a qualified institution with which the researcher is affiliated and that institution shall assume responsibility for the proper administration of the loan and the care and security of the object(s). A)The collections of the Corpus Christi Museum of Science and History,including Texas Historical Commission collections,are held in public trust and maintained for the benefit of the people of Texas. Loans are made only to qualified institutions consistent with this policy. Loans of La Belle artifacts must be approved by the Collections Committee with a written affirmation by the Executive Director of the Texas Historical Commission or his designee. B)To assure objects for loan receive proper care and security,the requesting institution must present for approval of the Museum Collections Committee,verification of proper environmental,storage, exhibition,and security conditions and procedures for the handling and transit of objects. To this end,the requesting institution will complete a Revised Standard Facility Report as adopted by the Registrar's Committee of the American Association of Museums. On-site inspections by Museum staff may be required prior to agreeing to a loan of objects. The requesting institution should have a trained registrar, curator,or director to check inventory and prepare condition reports on materials borrowed.Following American Association of Museums and Accreditation and Review Council Guidelines,the requesting institution should have environmental controls and a fire marshal-approved fire suppression system.For exhibit loans,the facility should have standard museum security including: 1)Monitored ingress and egress, 2)Personnel circulating in the exhibit space with responsibility for security while the facility is open to the public,and 3)An electronic intrusion alarm system monitored by a certified central station or local law enforcement when the museum is closed, 4)Or a 24-hour security guard on duty beginning with the unloading and installation of exhibit materials. Page 42 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) A request for any variation in the above conditions must be made in writing by the institution for review by the Collections Committee. The request must include evidence of an acceptable arrangement to safeguard the stability and security of the loaned objects. Exhibition or research conditions shall be a part of the loan contract and evidence of adherence may be required. The use of the object(s)for the stated purpose must be adhered to by the borrowing institution. Packing and transportation methods are stated on the loan contract. The object(s)must be packed and transported in the safest possible way in accordance with the nature and condition of the object(s). C)The Collections Manager is responsible for ensuring that a Condition Report is completed on objects prior to out-going loans and after the loan is returned to the Museum.All objects are catalogued before they are loaned. A Condition Report is required of the borrowing institution upon receipt of the loaned objects and prior to packing for return to the Museum. A copy of the Condition Report must be provided to the Museum. Damage or loss of objects while in transit or during the loan period must be reported verbally to the Collections Manager within 24 hours of the discovery of the loss followed by a written report detailing the extent and circumstances of the loss within two business days.Objects on loan cannot be altered,cleaned,or repaired unless permission to do so in writing is provided by the Collections Committee prior to any action being taken. D)Fine arts insurance for all objects sent out on loan is required.Insurance coverage shall be provided by the borrowing institution,unless the institution provides an acceptable bond.Current and reasonable insurance valuations are the responsibility of the Museum. With regard to the La Belle collection,further approval of the Executive Director of the Texas Historical Commission or his designee is required. Under most circumstances,insurance is'fine arts,all risk,wall-to-wall"coverage and shall remain in effect throughout the duration of the loan. The required amount of insurance depends on the artifacts loaned. A certificate of insurance or acceptable bond is required from the borrowing institution prior to transportation of the loaned object and is kept on file at the Museum with a copy provided to the Texas Historical Commission for La Belle artifacts. 1)The Museum shall be named as an insured party in the policy and the policy shall provide that notice shall be given to the Museum ten business days prior to cancellation or reduction in the amount of the policy. The Texas Historical Commission shall be named as an insured party in the policy in the case of La Belle artifacts. In the event of cancellation or reduction of the insurance, the loan will then be subject to cancellation. Failure to maintain adequate insurance coverage in no way releases the borrowing institution from liability for loss or damage regardless of whether or not the Museum monitored the borrowing institution's insurance. 2)If a self-insured local,state,or federal governmental agency requests the loan or if the borrowing institution is unable to provide insurance,a request for an exception must be made in writing by the institution for review by the Collections Committee. The request must include evidence of an acceptable plan of self-insurance or other arrangement to satisfy any liability that might result from a loss under the terms of this Agreement. E)An object(s)on loan must be returned promptly when the loan period expires. As appropriate,a reminder letter may be sent by the Museum to the borrowing institution. The Museum reserves the right to cancel or deny the renewal of any loan. The Museum will provide appropriate information and review and approve all text and labels relating to the exhibit of the loan in order to ensure accuracy and consistency in interpretation. Any changes must be approved in writing by the Collections Committee. The object(s)on loan must be available for research purposes at all times. F)The borrowing institution has two working days to challenge the description of the items loaned. These challenges are subject to negotiation. After two working days,however,the borrowing institution Page 43 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) must comply with the physical description. G)Except for condition reports,all photography,reproduction,or replication of a borrowed object(s) requires prior written approval by the Collections Committee. Lighting conditions,environmental and/or applied chemical alterations,and other conditions of reproduction and replication must be approved in writing by the Collections Committee. Photographs,reproductions,and replicas may only be used for research,exhibition,and educational purposes. Commercial use of loaned objects is prohibited. H)With regard to the LaBelle collection,the Texas Historical Commission and State of Texas must be credited in a suitable manner in all publications and exhibitions associated with the loaned object(s), including photographs and reproductions,and must receive two(2)copies of any news and other publication associated with the loaned objects. Other collections may require specifically worded credit lines. Otherwise the credit line should read,`From the Collections of the Corpus Christi Museum of Science and History,Corpus Christi,Texas." I) There is a single loan form for both incoming and outgoing loans and all such actions must adhere to the conditions and terms as stated on this form. Loan Contract Conditions 1)The Borrower agrees to abide by the guidelines for loans set forth below. This Agreement must be signed before any objects will be transferred to the Borrower. These conditions maybe changed only in writing and with the approval of the Collections Committee of the Corpus Christi Museum of Science and History. Applications for change must be made through the Collections Manager of the Museum. 2)The Museum reserves the right to recall the loan by written notification at any time if these conditions are not met,and is not liable for any consequential damages resulting from such action. The Borrower has ten working days to comply. 3)Loans are made only to qualified institutions,not to individuals. Loans are made to the institution with which the individual is affiliated and that institution assumes responsibility for the proper administration of the loan and the care and security of the object(s). 4)Objects on loan may not be altered or modified in any way,except as stated in the purpose of the loan (e.g.,destructive analysis)and as approved in writing by the Collections Committee. For a destructive analysis loan,if portions of the original object are not destroyed during the analysis,they must be returned. 5)The Borrower will exercise due care in the custody,handling,transport,unpacking,and repackaging of the loan. 6)Upon unpacking,the Borrower will immediately acknowledge receipt of the loan by signing and returning a copy of the inventory and receipt that will accompany the shipment. A copy is to be retained by the Borrower. 7)For return,the loaned object(s)must be packed in the same or better manner as received and with the same cases,pads,and packing materials,unless damage has occurred,in which case replacement or substitution can be obtained with pennission of the Museum. Handling and shipping of the loan will be at the Borrower's expense. 8)The Borrower agrees to provide insurance,or provide a bond,acceptable to the Museum.Insurance is fine arts,all risk,and"wall-to-wall". A Certificate of Insurance or acceptable bond must be received by Page 44 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) the Museum before the loan is placed in transit. The Museum(or,in the case of La Belle artifacts,the Texas Historical Commission)shall be named as an insured party and the insurer must be required to notify the Museum prior to cancellation or reduction of the amount of the policy. 9)The Borrower must maintain constant and adequate protection of the loaned object(s)to minimize the risk of theft or damage from handling. The Borrower also must maintain constant and adequate protection of the loaned object(s)from the hazards of fire and flood,exposure to harmful light levels, extremes of temperature and relative humidity,pest attack and harmful atmospheric conditions. 10)Any changes in the condition of the loaned object(s),loss,theft,or damage to the loan in transit, during storage,or exhibit must be reported within 24 hours of discovery to the Collections Manager(361- 826-4659). A written condition report,and photographs,if requested,must be sent to the Museum within 72 hours of the discovery of the loss,theft,or damage. 11)In the event of damage to the loaned object(s)during shipping or while in the custody of the Borrower,the Borrower is responsible for all conservation costs necessary to return the loaned object(s) to their undamaged condition,if possible. The Museum may,in its sole discretion,determine that an object is damaged beyond repair and may select an alternative remedy. 12)The lender is secured and held blameless from all losses,claims,actions,liabilities,damages,costs, and expenses(including attorney's fees and costs)arising from,or in connection with,a loan agreement. 13)The loaned object(s)must not be photographed,filmed,televised,or otherwise reproduced individually without the express,written prior consent of the Collections Committee of the Corpus Christi Museum of Science and History,with the exception that general views of an exhibition may be taken for publicity or documentation purposes. 14)The object(s)must be available and accessible to the Museum at all times for research purposes. 15)The Borrower shall ensure that all loaned object(s)on exhibition and/or in publication are identified as the property of the Corpus Christi Museum of Science and History or other credit line as stipulated in the loan agreement. 16)The Museum will review and approve all text and labels relating to the exhibit of the loan in order to ensure accuracy and consistency in interpretation. Any changes to the text must be approved in writing prior to exhibition. 17)The Borrower must provide two copies to the Museum of any news and other publications resulting from the exhibit or loan research on the objects. 18)Third party loans are prohibited. Any third party wishing to borrow objects on loan must contact the Museum in order that a separate loan contract may be developed and subsequently approved by the Collections Committee. Loaned objects may not be assigned,mortgaged,claimed,or in any way encumbered by the Borrower. 19)Transportation of loaned object(s)from one institution to another is prohibited. The borrower must return the loaned objects to the Museum prior to being loaned to another institution. 20)This loan agreement is in effect from midnight on the specified beginning date to midnight on the specified due date. The maximum loan period is one year,but may be reviewed and renewed annually. 21)The object(s)loaned to the Corpus Christi Museum of Science and History must be promptly Page 45 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) reclaimed. Under State Law a lender is considered to have donated loaned property to a museum if the lender fails to file an action to recover the property on loan to the museum within two years. 22)No commercial exploitation of the fact that the object has been exhibited by the Museum may be used. This is to offset objects being sold or auctioned at higher prices because of their selection for a Museum exhibition. 23)In the event of any conflict concerning this contract,this contract will be construed in accordance with the laws of the State of Texas. Venue for any action resulting from this contract shall be in Nueces County,Texas. Page 46 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) MUSEUM ETHICS POLICY "Corpus Christi,The City of choice where we make it happen." This vision statement was developed by the executive team for the City of Corpus Christi and City department heads. The mission statement, developed by the same group,is to"provide exceptional service to enhance the quality of life." The Museum is a department of the City of Corpus Christi. This vision and mission is reflected in the daily commitment of those involved with providing services to the community through fulfilling the Museum's departmental mission. Governance City of Corpus Christi: The chief executive officer of the City under the voter approved City Charter and the City Council adopted Ordinance Code is the City Manager. The City Ordinance Code is the guiding policy for the Museum and all other City departments. As a practical matter,ordinances are developed for City Council consideration by City administrators with specialized expertise resident in various City Departments(e.g.Finance,Budget,Emergency Management,Human Resources,Legal,Risk Management,etc.). Administrative policies,procedures,and ethical principles to which City employees are subject similarly call upon the expertise from people in various departments and are submitted to the City Manager for his approval. The administrator of the Museum Department,the Director,is appointed by the City Manager. Policies that are specific and unique to the Museum are developed by the Museum Director as prescribed by the City Ordinance Code. Museum Department: There are specialized laws,policies,procedures,and ethical principles that apply to the Museum and not to other City departments. It is the Museum Director's responsibility to administer the Museum under the highest standard of conduct whether that is in the realm of the City ordinances,City administrative policies,City established procedures,or the more specific policies and procedures of the Museum. The Museum Director must develop those policies,procedures,and ethical guidelines that pertain exclusively to the Museum. Documents defining these policies,procedures,and ethical guidelines are typically reviewed administratively by the City Manager and/or a designated Assistant City Manager. Museum Advisory Board(Committee): The governing body of the City,the City Council,established a methodology by ordinance that delegates review of policy issues that are exclusive to the Museum to a 12 member Museum Advisory Committee"appointed by the mayor with the advice and consent of the city council." The City Manager is an ex officio member of the Museum Advisory Committee. Members are trained by the Museum Director and gain institutional experience by serving staggered three year terms, with a two term limit. This provides the City with a group of interested citizens with training and expertise to review the policies and procedures that are unique within the City to the Museum. Their advisory recommendations are given great weight by the Museum Director,City Manager,and the City Council. The advisory board shall serve as an advisor to the museum department and to the city council in matters of support and development of the museum. The board may adopt comprehensive policies relating to the: (1)Management of collections; (2)Acquisitions for the collection; (3)Disposition and deacquisition of object in and for the collection; (4) Use of museum facilities. When adopted by the advisory board and approved by the city manager, the director of the museum shall implement such policies. The Friends of the Museum,although not a City entity,provides significant funding to support the mission of the Museum. Because of this role,review and revision of the Museum's mission is done jointly by the Museum Advisory Committee and the Friends Board of Directors. Subsequently,the Page 47 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) Museum Advisory Committee adopts the mission statement which is then subject to review and approval by the City Manager. The Museum Director is responsible for training Advisory Committee members,Board members of both the Friends of the Museum and the Museum Auxiliary,staff,and volunteers in the policies,procedures, and ethical guidelines under which the museum operates. It is also his responsibility to make certain that all those who work for and on behalf of the Museum understand and support its mission and public trust responsibilities as both a department of the City and as a museum. Under the City and Museum ethics policies,Museum staff,volunteers,members of the City Council,the City Manager,and members of the Museum Advisory Committee: • understand and fulfill their trusteeship roles and act corporately,not as individuals; • act legally,ethically and with cultural sensitivity; • conduct themselves in such a way as to avoid conflicts between personal interests and affiliations and the operations,interests,and reputation of the City and Museum. • protect,maintain,and develop the Museum collections and programs and its physical,human, and financial resources in support of the mission of the City and the Museum; • are responsive to and represent the interests of the Corpus Christi community; • maintain relationships in which shared roles are recognized and separate responsibilities respected; • maintain working relationships that are based on equity and mutual respect; • ensure that professional standards and practices inform and guide museum operations; • ensure that policies are articulated and prudent oversight is practiced; • promote the public good rather than individual financial gain. Collection The Museum collection is owned by the City of Corpus Christi. The Museum also manages state-owned collections as the designated marine archeology repository for the State of Texas and as a repository for state-owned terrestrial archeology collections. Care of the collection is the responsibility of the Museum Director working in conjunction with the collection committee. The collection committee is chaired by the Collection Manager and includes the Registrar,Museum Archeologist,and Museum Librarian. On issues involving the state held-in-trust archeology collections,the Executive Director of the Texas Historical Commission or his designee is also a member of the collection committee. In 2005 a new mission statement was adopted which removed collecting from the mission of the Museum and made it a strategic objective to support the mission. Strategic Objective B.The Museum will collect and preserve unique specimens,artifacts,and ephemera which illuminate our three basic themes and support innovative programming. Strategic Objective C.To create new knowledge,Museum collections and resources will be shared with the public and researchers. There was no intention through this action to diminish the Museum's responsibility to care for the collection,but there certainly was the intention to limit the growth of the collection and to eliminate it as the central focus of exhibits and programs. In part to fulfill this intent,collection staff job descriptions were revised eliminating"curator"as a functional job title to deemphasize the connotations associated with the curator title. The provisions of the Collection Management Policy continue to provide important guidance on collection issues and management of the collection is now the responsibility of the Collection Manager. The Museum Director develops,the Advisory Committee adopts,and the City Manager approves the Collection Management Policy which includes guidelines for proper ethical behavior. The Museum Director and the collection committee are stewards of collections owned or otherwise in the custody of Page 48 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) the Museum. They are responsible for ensuring that the collection: • supports the Museum mission; • objects receive the highest standards of care; • is properly managed,documented,and accounted for; • objects and associated information are publicly accessible within appropriate limitations; • acquisition,disposal and loan activities conform to the Museum's mission and public trust responsibilities; • disposal through sale,trade,or research activities is solely for the advancement of the Museum's mission; • sale proceeds from nonliving collections are to be used consistent with the established standards of the Museum's disciplines,but in no event shall they be used for anything other than acquisition of collections; • related activities are used to promote the public good rather than individual financial gain. It is the responsibility of the Collection Committee to recognize the unique and special nature of human remains,funerary,sacred,and cultural patrimony objects from all cultures as the basis for all decisions concerning current or potential collections. Programs The change in mission in 2005 eliminated the collection as the central focus of exhibits and programs. The new mission is as follows: The mission of the Corpus Christi Museum of Science and History is to present the story of the cultural crossroads of the New World. With a unique confluence of natural history,science, people and environments,the South Texas area has served as a stage for the ongoing discovery of the Americas. Through innovative programs in history,culture,and science,the museum is committed to enlarging a shared understanding of our history and heritage as well as the impact and importance of science to our lives. By telling this story,the Museum will inspire athirst for knowledge,context,and understanding. Under this mission,the central focus of Museum programs and exhibits tell stories that need to be told regardless of whether those stories are supported by collections. All members of the Museum staff as well as Museum volunteers are a party to fulfilling this mission. The designated person to lead this coordinated effort is the Museum Educator working with a Program Committee that includes the Science Educator and History Educator,volunteers,and other staff who assist in the development and delivery of programs and exhibits. It is the Program Committee's role to make certain that programs and exhibits: • are based on good scholarship; • are accessible to all and the widest possible audience are encourage to participate; • respect pluralistic values,traditions,and concerns; • fulfill the Museum's mission and values even when they involve relationships with external entities; • promote the public good rather than individual financial gain. Page 49 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) CLEAR TITLE Simply stated,title is the possession of all the rights of ownership to an object. Within this definition are many qualifications and specifications. But there are two general considerations regarding title to an object: one is the completeness of the title;the other is the quality of the title. Once possession of an object is obtained,the museum then needs to consider whether or not it also possesses the copyright and trademark rights,and whether or not the donor has put any restrictions on the object(i.e.that it must be exhibited six months out of the year,or only with certain other objects, or that it may never be loaned). The museum must also consider the authenticity of the documents showing title. It must make sure that the object is truly as it is presented and that the documents are sufficient to insure title to the object. A. Determining the Owner One issue to consider is whether or not the person representing himself as the owner or duly authorized representative of the owner is,in fact,that person. While the museum cannot interrogate each donor,the museum Deed of Gift form should ask that the donor affirm that he is the true owner of the object,or a duly authorized representative of the owner. While gathering background information on the object,it may be possible to ask if anyone else, legal heirs,etc.,might have an interest in the object. If the gift is given by an estate,it is prudent to have all heirs or their authorized representative sign the Deed of Gift. A minor may not legally be able to give an object to the museum. The advice of a professional should be sought in these questionable instances. Although expensive,there is a remedy through the courts if the museum acquisition is later found to have faulty title. If the museum can show damages,then they may be able to show misrepresentation on the part of the donor. In the case of purchases,where the title or the object itself proves faulty,there is also remedy available through the courts. The Uniform Commercial Code provides several recourses for recovery. One is based on contract and requires that the museum prove that the seller misrepresented himself or the object,either on purpose or through negligence. Another section deals with objects that may be bought in good faith and sold in good faith as one thing but in subsequent research,turn out not to be what was offered. Several states have statutes regarding the sale of an object from a professional dealer to a non- professional buyer. This may or may not work in the museum's favor. B. Stolen Objects Perhaps the biggest question concerns what happens if the museum acquires an object and the object turns out to have been stolen? The general rule in the United States is that a thief cannot convey good title. Title remains in the hands of the person suffering the theft and the museum must return the object or its value. There is a statute of limitations upon these claims,but court decisions vary and the museum cannot take the chance of being an innocent victim in this instance. C. Smuggled or Illegally Acquired Objects One of the most common problems of title has to do with objects improperly removed from the country of origin. These objects may not be challenged until many years after the original acquisition. Objects from American Indian tribes may be sought for return on the basis of foreign nation status. Pertinent treaties and statutes should be consulted in all instances: "Treaty of Cooperation Between the U. S. and Mexico for the Recovery and Return of Stolen Cultural Properties,""U. S. Statute Regulating Page 50 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) the Importation of Pre-Columbian Monumental or Architectural Sculpture or Murals,""The American Indian Religious Freedom Act,"etc. As always,laws concerning the collection,sale and trade of fish,wildlife and plants,should be consulted: "The Legacy Act,""Endangered Species Act"of 1973,as amended,"Marine Mammal Protection Act,""Migratory Bird Treaty,"'Bald Eagle Protection Act,""Antarctic Conservation Act"of 1978,etc. "The Antiquities Act"of 1906,and the"Archaeological Resources Protection Act"of 1979, should be consulted in all cases of objects excavated or given by people working in archeological digs. D. Restrictions The Collections Management Policy provides guidelines for considering exceptions to the rule that the museum will not accept any gifts with restrictions on them. Restrictions may range from never disposing of the object to only disposing of the object to another educational institution. While the former is almost always unacceptable,the latter should be considered based on the quality of the object. The language of any restrictions should be examined carefully. E. Cop right Special property rights(copyrights)which the creator may have in the work are distinct from the right to possess the work. Copyrights may be divided into five segments: the right of reproduction,the right of adaptation,the right of distribution,the right of performance,and the right to display the work publicly. The"Copyright Law"of 1978 should be consulted in all instances. Before 1978,when a museum acquired an object,it was generally held that it acquired all copyrights. This is no longer true. Even if the objects were created before 1978 and previous publications show no"c",the work can still be considered copyrighted. This automatic copyright may be negated by publication of the work without the symbol. However,public display,donation,or sale of the work is not necessarily synonymous with publication. In other words,a museum would be wise,in all instances,to have documents conveying copyright attached to purchases or gifts. Works created for hire are considered to have the copyright invested in the employer,however, since the term"for hire"can be disputed,this situation of copyrights should be covered in a contract. Works created before 1978 without mention of copyright cannot be assumed to have their copyright vested in the museum. If a work is considered for reproduction,adaptation,etc.this must be checked. If the copyright does not accompany a work,the museum would do well to consider whether or not those rights are worthwhile to acquire. The museum should ask what the potential interests of the museum might be as well as those of the person retaining the copyright. Page 51 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) BIBLIOGRAPHY American Association of Museums,and Association of Art Museum Directors. Gifts of Property,A Guide for Donors and Museums. Washington,D.C.:American Association of Museums, 1985. Buck,R.A.and J.A.Gillmore. The New Museum Registration Methods. Washington D.C.:American Assocition of Museums, 1998. Edson,Gary. Museum Ethics. London and New York:Routledge, 1997. Malaro,Maric C. A Legal Primer on Managing Museum Collections. Washington,D.C.: Smithsonian Institution Press, 1985. Naumer,Helmuth J. Of Mutual Respect and Other Things,An Essay on Museum Trusteeship. Washington,D.C.:American Association of Museums, 1977. Porter,Daniel R. "Current Thoughts on Collections Policy."Technical Report 1. Nashville,Tennessee: American Association for State and Local History, 1985. Porter,Daniel R. 'Developing a Collections Management Manual."Technical Report 7. Nashville, Tennessee: American Association for State and Local History, 1986. Simmons,John E.Things Great and Small,Collections Management Policies. Washington,D.C.: American Association of Museums,2006. Ullberg,Alan D.and Ullberg,Patricia.Museum Trusteeship. Washington,D.C.:American Association of Museums, 1981. Page 52 of 63 EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED) Table of Contents Purpose of the Museum 1 Collection Purpose and Responsibility 2 Acquisitions 3 Collection Description 4 Destructive Analysis 7 Deaccessions 7 Loans 12 Museum Ethics Policy 18 Museum Clear Title Guidelines 21 Appendixes: Bibliography 23 Attachments: A. City Code, Chapter 2, Article III, Section 2-51 -Creating a Department B. City Code, Chapter 2, Article IV, Division 5, Section 2-90-Museum Advisory Committee C. Laws of Texas Pertaining to Museums D. City Code, Chapter 2, Article IV,Division 1 -Attendance Requirements,Term Limits E. City Code, Chapter 2, Article V, Division 1 -Code of Ethics F. "Deed of Gift" Form Page 53 of 63 EXHI6R F-DEACE55NJN PNOC€55 Membs of Cpmmfttee xuhnln�ea<ces9ort erk �• 1—N, N. CMIe<dms f raN ttke mnilrnu waPoasy parspa.�++nn tris<MW tlweuatlan mend v. aaw+Wam. based on f)se •som � Y$al lnuea M�pe•m'v EWtee%IM entl � eWYnl fw[pasr, amaui mr[nod? I fmwaf mr 4artmnf ppNudm,eM Pollry E Dee[ceftlpn praposel Qer[ •i� p•<s•+Sw mbWurm a�,so Y Calle[Oan AdM1ary fn mhxeby Canmlmx deatterimed Dkre[[w N Drr:wdan P'a;nl ppp�aa,ytlat ar twatlh�p'rfia tlatlaaCGftlOp7n �' Cdlre ponNWS �s or Page 54 of 63 EXHIBIT G-ADMISSIONS AND FACILITY USE FEES Museum Hours of Operation Tuesday—Saturday 10am-5pm Sunday 12 pm—5 pm Monday Closed Open Mondays 10 am—5 pm in March and between Memorial Day and Labor Day -The Museum offers 3—4 Dollar Days throughout the year -Unaccompanied Children are not admitted -Visitors under at 18 must be accompanied by an adult. At least one adult chaperone is required for every 10 children. Museum Holidays Easter Sunday Labor Day Thanksgiving Christmas Eve Christmas Day New Year's Day ADMISSION FEES Adults(ages 13 and over) $10.95 Senior Citizens $7.95 Military(with ID) $7.95 Children(ages 3-12) $8.95 Children(age 2 and under) Free MEMBERSHIP FEES 1 Year Membership Type: Single Membership $39.95 Membership+One $74.95 Family Membership(up to 4 people) $139.95 Additional persons can be added to a membership for$39.95 per person Membership includes the following benefits: Free admission to the Museum for one year on normal operating days(free or discounted admission to select special events). •2 complimentary guest passes -Receive the Museum's monthly events email -10%discount off birthday parties and camps •10%discount off Gift Shop purchases -Exclusive Doc McGregor wall calendar -Exclusive Museum vehicle decal -invitation to special events EDUCATION PROGRAM FEES -Self-Guided(minimum of 15,booked in advance)$6 per person Add a fact hunt to self-guided for an additional$25 -Focus Programs(minimum of 15,booked in advance)$8 per person Page 55 of 63 EXHIBIT G—ADMISSIONS AND FACILITY USE FEES(CONTINUED) •Discovery Stations(minimum of 15, booked in advance)$10 per person •Off Site$100/30 students, plus$20 for every 10 miles after the first 10 •Camp—per week-$225 early bird member,$250 early bird nonmember, $250 regular member,$275 regular nonmember $275 late member,$300 late nonmember $15 per day before or after care Scholarships available •Sensory Nights—regular admission,scholarships available •Home School Day and Little Learners Hour-$5 members and$10 nonmembers •Scout Programs-$15 members and$20 nonmembers •Overnights (minimum of 25 to book a private group)$45 per child $20 per adult FACILITY USE POLICY—ROOM RENTAL RATES •Rentals on the museum exhibit floor may start as early as 5pm. •No rentals in museum galleries during operating hours. Exceptions apply for set up on Plaza. •Extended Hours Fee: Hourly Rate of Location+$50.00(12:00am—8:00am OR per hour after scheduled end of rental) •Rehearsal:4:00-5:00 pm on a regular operating day is FREE. No chair set up. If another time slot is desired,regular rates apply. •Additional fee applied to events where alcohol is served. •Rates do not include food or beverage fees. All room rentals include the following: •Renters insurance •Tables and/or Chairs set up and takedown. Each rental time period includes 1 free hour of set up and 1 free hour of breakdown.Additional set up hours may be purchased. •20%Discount for Non-Profits Dome Room Package 1—Ceremony Only Seating up to 95 guests$850 for 2 hours,$350 per additional hour,Bridal Suite for 2 hours prior to event Dome Room Package 2—Reception Only Seating up to 72 guests,$850 for 2 hours,$350 per additional hour Kenedy Package Seating up to 100 guests,$950 for 2 hours,$400 per additional hour Front Porch Stage+Kenedy Gallery Package 1 Seating for up to 100 guests,$1,150 for 2 hours,$500 per additional hour Front Porch Stage+Kenedy Package 2 Seating for up to 200 guests,$1,350 for 2 hours,$600 per additional hour North Wing(Dome Room+Front Porch Stage+Kenedy)Package 1 Seating for up to 100 guests,$1,550 for 2 hours,$700 per additional hour Page 56 of 63 EXHIBIT G—ADMISSIONS AND FACILITY USE FEES(CONTINUED) North Wing(Dome Room+Front Porch Stage+Kenedy)Package 2 Seating for up to 200 guests,$1,750 for 2 hours,$800 per additional hour Additions: •$100 Transition Fee(our crew will move tables/chairs during your event) •$250 Bridal Suite(if renting for both ceremony&reception Bridal Suite included at no charge) •$25 Screen •$50 Projector •$25 Microphone(3 available) MEETING ROOM PACKAGES All meeting room rentals include the following: *Tables&Chairs set up *Free 30 minute set up to decorate *Admission to Museum for guests Watergarden Room Seating for up to 50 guests,$300 for 2 hours,$125 per additional hour,$5 per additional guest Lecture Hall Seating for up to 50 guests(maximum),$250 for 2 hours,$100 per additional hour Conference Room Seating for up to 12 guests,$75 per hour,$5 per additional guest Cost does not include food&beverage fees. BIRTHDAY PARTY PACKAGES Party Time Slots:Tuesday-Saturday 11-1 or 2-4,Sunday 1-3 or 2-4 All birthday party packages include the following: *Birthday Child is free •Children under age 2 are free •$15 for each additional person •Buy one get one coupon on a return visit(expires 1 year from event date) *Members of Museum get 10%discount *All day admission to the Museum for all guests •2 hours use of the party room w/free entry&roam of museum (Museum hours only) *Family members allowed into the room 30 min. prior to decorate.(Host is encouraged to bring in cake,themed paper goods and decorations.) No helium balloons please. •2 slices pizza per person,Capri Sun&water(one for each person) *Plates and cups Basic Party Package(Level 1) $275 for up to 20 people, Deluxe Party Package(Level 2) $500 for up to 30 people 1 Guardian is free Page 57 of 63 EXHIBIT G—ADMISSIONS AND FACILITY USE FEES(CONTINUED) Additional Food:3 large bags of chips Choice of one(1)Craft,Science Experiment or Museum Tour(must have 2 weeks'notice) Value of$620—saves you$120 Ultimate Party Package(Level 3) $700 for up to 40 people 2 Guardians are free Additional Food:Two 12-pack cases of soda&5 large bags of chips One Free 6 inch Pucker Powder voucher for each guest Choice of two(2)Crafts,Science Experiments or Museum Tour(must have 2 weeks'notice) Customizable Invitations with Museum logo and party details(50). Value of$975—saves you$175 Additions: *Party Favors—make your own 6"Pucker Powder:$2 each *Large 1 topping pizza:$10(requires 24 hr notice) *Upgrade to the Watergarden Room:$100 *Extra hour use of Party Room:$100 •Customizable Invitations with Museum logo:$15 for 25 invites *Fact hunt:$15(for 25 people) (The scavenger hunt is ten multiple choice questions that lead the players to all corners of the Museum. This includes one paper&pencil per child,answer sheet with clues for adults,and a prize for each participant) •Science Experiments(30 min.):$50(more than 30 students,$75) Oobleck/Slime—get your hands a bit messy with our non-Newtonian slime. Learn about sheer force and impact with this funky liquid. Weather—harness a bit of nature by making a cloud in a bottle.This simple demonstration uses a bicycle pump and a bit of rubbing alcohol to recreate the conditions found at the top of the Earth's atmosphere. Making Catapults—with just a few supplies and a bit of know-how,create an ancient siege weapon to take home! Dinosaur Plane—learn about the mighty Pteranodon and then make a small one.This fun and simple craft can even fly! Tortoise Time—animal encounter with our Texas tortoise,Tex!See how our tortoise and other animals from the area are adapted to our environment. Ranching—saddle up and design your own ranch brand. Fables&Fun—one of our Museum Live characters will come to your party for story time! The Museum has a menu where you may select party trays,drinks and more. Page 58 of 63 EXHIBIT H -FACILITY MAINTENANCE Item Responsible Pa rty Structure: includes foundation,walls, roof,windows (regular&storm),storm shutters, doors,flooring,ceilings, &fixtures City Building Systems: includes Electrical (parts &labor), HVAC, Plumbing, Elevator (maintenance&certification), Fire Alarm (parts &labor)and Security Alarm (parts& labor) City Building Fixtures: all quarterly and annual preventative maintenance on HVAC system, replacing interior and exterior light fixtures/ballasts, major toilet or sink repair,gate system major repairs including electrical boxes, door repair, fence repairs or replacement, Fire Sprinkler System preventative City maintenance,repair and licensing,all boiler preventative maintenance and repairs, playground equipment repairs or replacement Building Fixtures: air filters, light bulbs,simple toilet repair, Simple sink repair,strip and wax floors,shampoo carpets,maintain wall dividers in restrooms, door knobs,ceiling tiles,gate system minor* repairs, monitor boiler for leaks, minor* exhibit repair, exterior pressure washing of Contractor sidewalks and plaza, minor* interior paint touchup,annual fire extinguisher inspection and upkeep. Parking Lots,Sidewalks,Gates, &Signage City Landscaping: includes flower beds,ground cover,shrubs&trees City Electric Service(up to$250,000) City Fire Alarm System Service Contractor Security Alarm System Service Contractor Playground: maintain grounds &equipment Contractor Janitorial: includes supplies and services for cleaning facility and exhibits Contractor Pest Control Service Contractor Dumpster Rental Contractor Radios Contractor *Minor is defined as under$500 Page 59 of 63 EXHIBIT 1-ORGANIZATIONAL CHART C.,P..Christi Museum.of Science and Hrstory Man.&e mart tkv Manacr Contractor rrierrJx ul Jre AJviix y hxa ttwntirg,wR FvacuKva Pvecror Marketingfsusiness EduwlAon ❑evelo men, 4 ®ra,lanS Adminlstratlon E [u iar. Ganes&MaraBer Omee M'mrage. r>pllea[ipni Man'va.i/R,.lyi,.:i.ir Fron[oaak cxaoklcs rbrtv Mairrtmenca Frcn[ef Fwse McM6ar/W�kc=�rJ n[ GroMin/PFilweb CY.48n E've.rc Organiser EdriR+r Manager Manger R Q9Jer Even[s/Rgisaar CollecYons Techn'rciar PTfasYner PT Ac[vs PNa[a Lab TecM1niei�[ PTfasfiier Cancesslm Worker in[e�nxAvd..n[eerp Page 60 of 63 EXHIBIT J-PROPERTY INSURANCE Cau :Nueees Pr—ion Class:d l KValues A—d Nmlss NFIP R—parssl6le gaud area Year k Address H Cade De 0c .1y Canst_ Roof 1 Stades. Total Rulldin s Cvnients Zone S t Bullf 25] 1900 NChaperral ]8401 Museum Science B.History Museum Masonry Steel/Cover 1.5 $ 32,]50,000 $12,]50,000 $ 20.000,000 6 85,000 1965 258 1900NCha arra) 76401 Mu— Musem Mechealcal Bldg Mason 6tee l/Cover 1 1.5 1$ 347,400 1$ 97,400 1$ 2`A,000 B 1,200 1967 Page 61 of 63 EXHIBIT K- MUSEUM REVENUE FY17 FY16 Oct $ 66,558.11 $ 30,053.44 Nov 31,867.53 27,162.66 Dec 44,028.53 30,414.06 Jan 43,370.74 22,600.59 Feb 37,460.04 29,545.99 Mar 85,226.48 116,277.21 Apr 61,019.62 87,182.08 May 86,975.84 82,930.43 Jun 61,594.05 60,626.25 Jul 148,285.77 142,580.91 Aug 121,047.52 50,716.52 Sep 25,172.83 132,735.65 $ 812,607.06 $ 812,825.79 Museum also receives$50,000 in HOT Funds for reimbursements on advertising. Page 62 of 63 EXHIBIT L- MUSEUM EXPENSES General and Administrative Expenses For the Year Ended September 30, 2017 2017 Advertising and promotional expense $ 5,219 Computer and internet expenses 4,543 Continuing education and training 3,213 Credit card and bank fees 17,738 Dues and subscriptions 6,579 Employee benefits 43,958 Exhibit expense 2,065 Gift shop supplies 27,383 Insurance 14,619 Management information systems 32,052 Meals and entertainment 7,103 Miscellaneous operating expenses 31,349 Office supplies 15,444 Payroll taxes and labor burden 85,070 Postage and shipping 2,436 Professional fees 28,252 Rental and lease fees 13,275 Repairs and maintenance 32,140 Retirement plan benefits 5,491 Salaries and wages 796,570 Special events 30,378 Telephone and communications 2,476 Utilities 250,267 $ 1,457,620 Page 63 of 63 Attachment B - Pricing Schedule CITY OF CORPUS CHRISTI - PURCHASING ENVISION Pricing Form xsaz RFP No. 1703 Museum of Science and History Management Services PAGE 1 OF 1 DATE: June 10, 2018 Friends of the Museum of Science and History PROPOSER AUTH GNATURE 1. Refer to"Instructions to Proposers" and Contrac ms 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. ITEM DESCRIPTION ANNUAL PRICE Management Fee Year 1 (October 1,2018- 1.0 September 30,2019) -Not to Exceed$600,000 $500,000.00 Management Fee Year 2(October 1,2019- 2.0 September 30,2020 --Not to Exceed $570,000 $300,000'00 Management Fee Year 3(October 1,2020- $200,000.00 3.0 September 30,2021) -Not to Exceed$541,500 Management Fee Year 4(October 1,2021 - 4.0 September 30,2022 -Not to Exceed$514.425 $150'000'00 Management Fee Year 5(October 1,2022- $150,000.00 5.0 September 30,2023)-Not to Exceed $488,704 TOTAL $1,300,000.00 Page 1 of 1 ATTACHMENT C - INSURANCE REQUIREMENTS 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 the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, Per occurrence - aggregate material 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) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased Page 1 of 4 WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if of this Exhibit. Company is not domiciled in Texas) $500,000/$500,000/$500,000 Employers Liability HOST LIQUOR LIABILITY $1 ,000,000 Combined Single Limit Applicable when alcohol being served CRIME/EMPLOYEE DISHONESTY $500,000 Per Occurrence Contractor shall name the City of Corpus Christi, Texas as Loss Payee 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 Page 2 of 4 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. Page 3 of 4 I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Legal Dept. Museum Of Science And History- Agreement for Museum Management Firm 05/24/2018 sw Risk Management Revised 6/26/2018 Page 4 of 4 se GO O Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2018 NCORROP pEO 1852 Action Item for the City Council Meeting of August 28, 2018 DATE: August 21, 2018 TO: Keith Selman, Interim City Manager FROM: Esther Velazquez, Assistant to the City Manager EstherV(a-).cctexas.com (361) 826-3093 Amendment No. 1 to American Bank Center Service Agreement CAPTION: Motion authorizing Amendment No. 1 to the Service Agreement for Management of the American Bank Center for additional expenditures in the amount of$250,000, with a restated total estimated contract value of$16,807,717.15. PURPOSE: The purpose of this agenda item is to execute an amendment to the contract for the management of the American Bank Center complex. BACKGROUND AND FINDINGS: In November 2017 SMG was awarded a 5 year and 8 month contract for the management services of the American Bank Center. A portion of the contract value included marketing funds in the amount of$600,000 per year. In 2009, the Corpus Christi Business and Job Development Corporation (Type A Board) established an Arena Marketing and Co-Promotion Fund to assist in promoting, retaining, securing, and hosting sport related tenants, concerts, attractions, and other events at the American Bank Center Arena. The fund's guidelines provide for an evaluation of the funding level every three years. City Council subsequently approved a Resolution establishing this fund and its guidelines. Each year the IceRays receive $100,000 in Marketing and Co-Promotion Funds as a subsidy for rental space at the Arena. The IceRays have enjoyed nine seasons without a rent increase. The new contract between SMG and the IceRays includes an increase in rent and also the billing of game and practice related direct costs previously absorbed by SMG. SMG is requesting an additional $50,000 per year to further subsidize the IceRays and assist them with these cost increases. At their June 25, 2018 meeting, the Type A Board approved the proposed FY19 Arena budget, which includes this $50,000 increase. ALTERNATIVES: If not approved, IceRays will be responsible for the paying the additional direct costs. OTHER CONSIDERATIONS: Possible loss of long-term sport tenant. CONFORMITY TO CITY POLICY: This amendment conforms to City policy. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Corpus Christi Business and Job Development Corporation Purchasing, Legal, Finance, Budget, City Manager's Office FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Service Amended Service Fiscal Years 2018-2023: Agreement Agreement DIFFERENCE Contract Value Excluding Marketing Funds (base years) $12,957,171.15 $12,957,171.15 $0 Marketing Funds $3,600,000.00 $3,850,000.00 $250,000 Total Contract Value base ears $16,557,171.15 $16,807,717.15 $250,000 Funds: Arena Facility Fund Comments: These additional funds are for the benefit of the IceRays RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Amendment C� n Amendment City of Corpus Christi pop Purchasing Department Service Agreement for Management of American Bank Center Amendment No.1 Date: August 6, 2018 Service Agreement Current Value: $16,5574717.15 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and SMG, hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Service Agreement for Management of American Bank Center and all other duly executed Amendments, constitutes the entire agreement under the above-referenced Service Agreement between the City and the Contractor. Section 7 of the service agreement is hereby amended as follows: "7. Base Compensation and Payment. A total estimated value of $16,807,717.15 has been established as the total contract value over the base term of the contract excluding capital contributions to be determined. This value is broken out by type of compensation and outlined in Attachment B. As base compensation to Contractor for providing the services hereunder, City shall pay Contractor during the Management Term an annual fixed fee in accordance with Fee Schedule attached hereto as Attachment B. Such fee shall be payable in equal monthly installments due on or before the last day of each month during such Fiscal Year." Attachment B for the service agreement is hereby replaced with the attached Amendment No. 'I Attachment B. Section 14 of the service agreement is hereby amended as follows: "14. Financial Statements. (A) At the City's request, Contractor shall provide the City with the opportunity to review certain financial statements of Contractor. In connection with such financial statement review, Contractor shall represent and warrant to the City that (i) such Financial Statements were prepared in accordance with generally accepted accounting principles consistently applied and are true and correct in all material respects and present fairly the Contractor's financial position as of the date thereof; and that (ii) to the best of Contractor's knowledge there has been no material adverse change in Contractor's financial position from that reflected in the Financial Statements. (B) As soon as practicable at the close of each Fiscal Year, but not later than 90 calendar days after the end of the Fiscal Year, the Contractor shall furnish to the City a balance sheet and a Schedule of Revenues, Expenditures and Changes in Fund Balance, prepared in accordance with generally accepted accounting principles and accompanied by an auditor's report containing an opinion of the independent certified public accountant preparing the report, which shall be a firm selected by the City, paid directly by the Contractor. (C) City shall have the right during each calendar year or fiscal year to authorize an audit of Contractor's records pertaining to its revenues and expenditures of funds allocated under this agreement. Such audits shall be undertaken by City's staff or a firm of Certified Public Accountants satisfactory to City. The cost of such audit shall be paid by City." The Contractor and the City agree to and shall abide by all terms and conditions of the original Service Agreement and any Amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. �A(,[A,, � I� t--- M Date Kim Baker Date Assistant Director of Financial Services City of Corpus Christi APPROVED AS TO LEGAL FORM Assistant City Attorney Date Amendment No. 1 Attachment B-Schedule of Pricing Fee Schedule �usc CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION ,Y RPP No. 7222 American Bank Center Complex Management Services PAGE 1 OF 2 DATE: 80/2617 SMS PROPOSER ATH RIZE GNATUR I. Refer to"Instructions to Proposers"and Contract Terms and Conditions before completing proposal. 2. Provlde 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,withoul consultation, communication,or agreement with any other Proposer or competitor.for the purpose of resiricting 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. ITEM i DESCRIPTION TOTALP RICE 1.0 Annual Fee io Manage the American Bonk Center 1 Complex Year 1(February 1,2018-September 30, S83�;;,33 2018) 2.0 Annual Fee to Manage the American bank Cenler Complex Year 2(October 1,2018-September 30, $951000.00 2019) 3.0 Annual Fee to Manage the American Bank Center 996,900A0 Complex Year 3(October 1,2019-September 30, . _ !2020) Page 5 of 6 ITEM DESCRIPTION! TOTAL PRICE 4.0 Annual Fee to Manage the American Bank Center Complex Year 4(October 1,2020_September 30, $98,836.00 2021) 5.0 Annual Fee to Manage the American Bank Center Complex Year 5(October 1,2021-September 30, $100,814.76 2022) 6.0 Annual Fee to Manage the American Bank Center Complex Year 6(October 1,2022-September 30, $102831.06 2023) TOTAL BASE YEARS $557,711!5 ITEM DESCRIPTION TOTAL PRICE 7.0 Annual Fee to Manage the American Bank Center Complex Optional Year 1(October 1,2023 -September 30,2024) $t04,887,68 8.0 Annual Fee to Manage the American Bank Center Complex Optional Year 2(October 1,2024 $106,885.43 -September 30,2025) 7.0 Annual Fee to Manage the American Bank Center Complex Optional Year 3(October 1,2025 -September 30,2026) SI09,125A TOTAL OPTIONAL YEARS $32Q,g98.24 GRAND TOTAL ALL YEARS $876,715.39 Amendment No. 1 Attachment B — Schedule of Pricing Contract Value Base Years Type Amount Comment BASE FEE $557,717.15 5 Yrs 8 Mos QUALITATIVE FEE $300,000.00 NOT TO EXCEED 50K/YR (Must be earned per terms of the Service Agreement) QUANTITATIVE FEE $600,000.00 NOT TO EXCEED 100K/YR (Must be earned per terms of the Service Agreement) SUBTOTAL $1,457,717.15 NTE VALUE FOR FEES MARKETING FUNDS $3,850,000.00 FY18AT600/YR FY19-23 ANTICIPATED AT 650/YR.SET IN ANNUAL BUDGET. CONVENTION CENTER MAINTENANCE $1,500,000.00 ANTICIPATED AT 250/YR.SET IN ANNUAL BUDGET. ARENA MAINTENANCE $1,200,000.00 ANTICIPATED AT 200/YR.SET IN ANNUAL BUDGET. OVERRUN STIPEND $9,000,000.00 NOT TO EXCEED 1.5M/YR FOR APPROX 7M ANNUAL BUDGET. SUBTOTAL $15,550,000.00 CAPITAL CONTRIBUTIONS TYPE A/HOT TBD FUNDING AVAILABLE AS APPROVED FOR CAPITAL IMPROVEMENTS TO BLDGS SUBTOTAL $17,007,717.15 CONTRACTOR CONTRIBUTIONS ($200,000) ONETIME FUNDS AVAILABLE BY SMG TO OFFSET COSTS AT CITY'S DISCRETION TOTAL ESTIMATED VALUE $16,807,717.15 Amendment No. 1 Attachment B — Schedule of Pricing Contract Value Optional Years Type Amount Comment BASE FEE $320,998.24 3 Yrs QUALITATIVE FEE $ 150,000.00 NOT TO EXCEED 50K/YR(Must be earned per terms of the Service Agreement) QUANTITATIVE FEE $300,000.00 NOT TO EXCEED 100K/YR (Must be earned per terms of the Service Agreement) SUBTOTAL $770,998.24 NTE VALUE FOR FEES MARKETING FUNDS $1,950,000.00 ANTICIPATED AT 650K/YR.SET IN ANNUAL BUDGET. CONVENTION CENTER MAINTENANCE $750,000.00 ANTICIPATED AT 250/YR.SET IN ANNUAL BUDGET. ARENA MAINTENANCE $600,000.00 ANTICIPATED AT 200/YR.SET 1N ANNUAL BUDGET. OVERRUN STIPEND $4,500,000.00 NOT TO EXCEED 1.5M/YR FOR APPROX 7M ANNUAL BUDGET. SUBTOTAL $7,800,000.00 CAPITAL CONTRIBUTIONS TYPE TBD FUNDING AVAILABLE AS APPROVED FOR A/HOT CAPITAL IMPROVEMENTS TO BLDGS SUBTOTAL $8,570,998.24 CONTRACTOR CONTRIBUTIONS $0 TOTAL ESTIMATED VALUE BASE+ $25,378,715.39 OPTIONS se o� � v AGENDA MEMORANDUM N0ORPOR IEO Future Item for the City Council Meeting of August 21, 2018 1852 Action Item for the City Council Meeting August 28, 2018 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager FROM: Sylvia Carrillo, Assistant City Manager SylviaCa cj�cctexas.com (361) 826-3189 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 132(acctexas.com (361) 826-3169 Two-Year Service Agreement Disaster Recovery Management Service for $50,000 with three one-year options for a potential multi-year amount not to exceed $125,000 CAPTION: Motion authorizing a two-year service agreement for Disaster Recovery Management Services with Langford Community Management Services, Inc., Leander, Texas, for $50,000, with three one-year options for a total potential multi-year amount not to exceed $125,000. PURPOSE: To approve a two-year service agreement with Langford Community Management Services, Inc. to provide disaster recovery management services. BACKGROUND AND FINDINGS: The Contractor will assist the City in the process of gaining federal assistance related to Hurricane Harvey on an as needed, as directed basis. The Purchasing Division conducted a Request for Proposal processes to obtain proposals for the new contract. The City received seven proposals. The proposals were evaluated by an evaluation team against the published criteria in the RFP. Minimum qualifications were evaluated under a pass fail system and the firm's experience, teams' experience and understanding of the scope of work were evaluated on the published point system as outlined in the RFP. The firms were also interviewed and scored based on the same published criteria and a final score was developed for each firm. Then the cost proposals were evaluated for each firm and the pricing score was tabulated and added to the technical proposal and interview scores to determine the highest scoring firm. The staff recommends awarding a service agreement to Langford Community Management Services, Inc. as the highest scoring firm. 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: Executive Departments FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $0.00 $125,000.00 $125,000.00 Encumbered / Expended Amount $0.00 0.00 $0.00 This item $0.00 $125,000.00 $125,000.00 BALANCE $0.00 0.00 $0.00 Fund(s): Various Comments: Future funds will be budged during the standard budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP No. 1584 - Disaster Recovery Management Services Sr. Buyer- Roberta Ortiz Langford CDR Maguire's True North Community Grant Works, Broaddus& Plexos Group, Proposal Evaluation Emergency Emergency Tetra Tech p Management Inc. Associates Management L.L.C. Management Services Minimum Qualifications Must have operated continuously for a minimum of three years as an established firm Pass Pass Pass Pass Pass Pass Pass in providing same service No outstanding lawsuits during last 5 years or current litigation with the City during last 5 Pass Pass Pass Pass Pass Pass Pass years No outstanding regulatory issues last 5 years Pass Pass Pass Pass Pass Pass Pass References Provided for firm Pass Pass Pass Pass Pass Pass Pass Technical Proposal Technical Proposal(50 points) 47 46 48 44 41 41 41 Firms'Experience(18 points) Team Experience(18 points) Understanding of Project Scope(14 points) Interview Interview(30 points) 29 27 28 0 0 0 0 Firms'Experience(8 points) Team Identificaton (10 points) Understanding of Project Scope(12 points) Price Price(20 points) 20 15 11 0 0 0 0 Total 96 88 87 44 41 41 41 SC 0 > SERVICE AGREEMENT NO. 1584 U Disaster Recovery Management Services bO RPOR Af� 1852 THIS Disaster Recovery Management Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Langford Community Management Services, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Disaster Recovery Management Services in response to Request for Bid/Proposal No. 1584 ("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 Disaster Recovery Management 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 twenty-four 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 three additional twelve-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $50,000.00, 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 - Federal Funding Page 1 of 7 Approved as to Legal Form 3/6/18 Name: Sylvia Carrillo Department: Executive Departments Phone: (361 ) 826-3189 Email: SylviaCa@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 - Federal Funding Page 2 of 7 Approved as to Legal Form 3/6/18 (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 and Changes. 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. Any changes that alter the Service Agreement Standard Form - Federal Funding Page 3 of 7 Approved as to Legal Form 3/6/18 method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 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: Sylvia Carrillo Title: Assistant City Manager Address: 1201 Leopard St., 5th Floor ACM, Corpus Christi, TX 78401 Phone: (361 ) 826-3189 Fax: (361 ) 826-3839 IF TO CONTRACTOR: Contractor Company Name Attn: Langford Community Management Services Title: President Address: 2901 Country Road 175, Leander, TX 78641 Phone: (512) 452-0432 Fax: (512) 452-5380 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 - Federal Funding Page 4 of 7 Approved as to Legal Form 3/6/18 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) Termination for Cause. 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) Termination for Convenience. 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. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. 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. 21. 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 Service Agreement Standard Form - Federal Funding Page 5 of 7 Approved as to Legal Form 3/6/18 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. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 23. 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. 24. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 25. 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. 26. 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. 27. Federal Funding Requirements. This project is subject to requirements provided for Federal Emergency Management Agency (FEMA) and/or other federally-funded projects. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as FEMA or its designee may by appropriate instructions require, a copy of applicable prevailing wage decision, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be Service Agreement Standard Form - Federal Funding Page 6 of 7 Approved as to Legal Form 3/6/18 responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1584 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form - Federal Funding Page 7 of 7 Approved as to Legal Form 3/6/18 Attachment A: Scope of Work 1. General Requirements The Contractor will assist the City in the process of gaining federal assistance related to Hurricane Harvey on an as needed, as directed basis. 2. Scope of Work The Contractor is to provide management services that may include but are not limited to the following: A. Work will include grant administration, audits and monitoring, B. Assist the City with the administration of Disaster Recovery programs to include but not be limited to Federal Emergency Management Agency (FEMA), Texas Division of Emergency Management (TDEM) and other Federal, State or Local programs and projects contemplated by Project Worksheets (PWs), C. As directed by the City attend meetings with FEMA, TDEM, and other agencies in conjunction with and on behalf of the local government, D. Collaborate with local government on project formulation, including damage assessments (field team assessment of damages including a comprehensive list of damaged structures, contents, etc.), Information gathering (photo-document damages, gather records, drawings, insurance policies, historical photos/videos, etc.), project development (define both small and large projects' scope, size, and damages, including cost estimating that will be the basis of each PW); project submittals (draft and submit small and large project PWs to TDEM/FEMA); E. Proactively identify opportunities to maximize Public Assistance and Post-Disaster Mitigation Section 406 funding within the current regulatory framework, F. Provide ongoing guidance to maximize FEMA Public Assistance funding; G. Coordinate and manage deliverables with TDEM and FEMA; H. Assist with TDEM, FEMA, and/or other Federal, State and Local grants quarterly reporting, I. Generate time extension requests to FEMA and/or other Federal grants and TDEM when necessary so that eligibility is not forfeited, J. Assist with insurance claim submission and tracking in relation to projects submitted to FEMA to avoid duplication of benefits and document final amount of insurance proceeds applied to each project, K. Assist in getting the necessary legal documents for proper filing; L. Advise on document retention strategies, Page 1 of 2 M. Coordinate with local government staff to obtain all cost and necessary backup documentation to develop, revise, and submit PWs; N. Track status of FEMA and other agency reimbursement and serve as a co-liaison between FEMA/other agencies and local government, O. Assist in responding to Requests for Information from FEMA and or other agencies, P. Assist with the submission of appeals to FEMA and or other Federal, State and Local agencies, Q. Provide detailed and periodic management reports on the status of PWs including developments, revisions, submissions/approvals, open issues, financial overview, etc., R. Assist with submittals of appeals to FEMA or other Federal, State or Local agencies, S. Provide Cash Management reports showing the projected schedule for reimbursement requests and the actual status of reimbursements received; T. Assist with the preparation of public procurement documentation and providing additional procurement assistance; U. Assist with tracking and management of project worksheets, claims, grant applications and status, and associated information to facilitate effective documentation, management of grant management and funding programs, and information sharing; V. Assist with developing program guidelines, policies, procedure, implementation plans, or other pertinent documents; W. Research, development, and prepare grant applications and other applicable public assistance documents, X. Review data and records for compliance with Federal, State or Local requirements, Y. Advise on the management of the closeout process; and Z. Researching, monitoring, reporting, documenting, managing, analyzing, assessing, designing, and other work related to disaster recovery, disaster planning, disaster mitigation, and public assistance. Page 2 of 2 Attachment B: Bid/Pricing Schedule p CITY OF CORPUS CHRISTI Pte, Pricing Form PURCHASING DIVISION itsyx RFP No. 1584 RFP Disaster Recovery Management Services DATE: May 3, 2018 PAGE 1 OF 1 _ Langford Community Management Services, Inc. PROPOSER A H IIED S NA 1. Refer to 'Instructions to Proposers" and Confract 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. ITEM DESCRIPTION RATEIPERCENTAGE 1.0 Unburdened Hourly Rate $65,00 2.0 Overhead Rate $20.00 3.0 Profit Percentage 10% Total - Burdened Hourly Rate $93.50 `Please note some tasks maybe performed on a lump sum basis calculated utilizing the hourly rates above and actual cost for related reimbursables. In addition,some tasks may also be performed on a confingency basis as a set percentage of the grant that is awarded. 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 Director of Facilities & Property Management one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is Exhibit. not domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Page 1 of 3 PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 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; Page 2 of 3 • 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 Disaster Recovery Management Services 03/27/2018 sw Risk Management Bonds Section 5.(B) is null for this agreement. Page 3 of 3 Attachment E: Federal Requirements FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR-F01 Access to Records FR-F02 Breach of Contract FR-F03 Byrd Anti-Lobbying Amendment FR-F04 Clean Air Act and the Federal Water Pollution Control Act FR-F05 Compliance with Federal Law, Regulations, and Executive Orders FR-F06 Contract Work hours and Safety Standards Act FR-F07 Copeland "Anti-Kickback" Act (Construction Only) FR-F08 Davis-Bacon Act (Construction Only) FR-F09 Debarment and Suspension FR-F10 DHS Seal, Logo and Flags FR-F11 Equal Employment Opportunity (Construction Only) FR-F12 No Obligation by Federal Government FR-F13 Procurement of Recovered Materials FR-F14 Program Fraud and False or Fraudulent Statements or Related Acts FR-F15 Right to Inventions Made Under Contract or Agreement (Not for Public Assistance Contracts) END OF TABLE OF CONTENTS FEDERAL REQUIREMENTS: FR-F01 ACCESS TO RECORDS Access to Records. The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Reference: DHS Standard Terms and Conditions, v 7.1, p. 1 (2017) FEDERAL REQUIREMENTS: FR-F02 BREACH OF CONTRACT Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. City will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the Contract. The City's notice will identify a specific date by which the Contractor must correct the breach. City may proceed with termination of the Contract if the Contractor fails to correct the breach by deadline indicated in the City's notice. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Reference: 2 CFR § 200 Appendix II(A) FEDERAL REQUIREMENTS: FR-F03 BYRD ANTI-LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Reference: 31 U.S.C. § 1352 (as amended) FEDERAL REQUIREMENTS: FR-F04 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT A. Clean Air Act. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. B. Federal Water Pollution Control Act. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Reference: 2 CFR § 200, Appendix II¶ (G) FEDERAL REQUIREMENTS: FR-F05 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Reference: FEMA requirement FEDERAL REQUIREMENTS: FR-F06 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. Reference: 29 CFR § 5.5(b) FEDERAL REQUIREMENTS: FR-F07 COPELAND "ANTI-KICKBACK" ACT NOT APPLICABLE TO THIS CONTRACT FEDERAL REQUIREMENTS: FR-F08 DAVIS - BACON REQUIREMENTS NOT APPLICABLE TO THIS CONTRACT FEDERAL REQUIREMENTS: FR-F09 DEBARMENT AND SUSPENSION (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Reference: 2 CFR part 180, 2 CFR part 3000 FEDERAL REQUIREMENTS: FR-F10 DHS SEAL, LOGO AND FLAGS The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Reference: DHS Standard Terms and Conditions, v.7.1, p. 5 (2017) FEDERAL REQUIREMENTS: FR-F11 EQUAL EMPLOYMENT OPPORTUNITY NOT APPLICABLE TO THIS CONTRACT FEDERAL REQUIREMENTS: FR-F12 NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. Reference: FEMA requirement FEDERAL REQUIREMENTS: FR-F13 PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements, or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https-//www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. Reference: 2 CFR § 200.322 and 40 CFR part 247 FEDERAL REQUIREMENTS: FR-F14 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Reference: 31 U.S.C. Chap. 38 FEDERAL REQUIREMENTS: FR-F15 RIGHT TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT NOT APPLICABLE TO THIS CONTRACT SC o� � v AGENDA MEMORANDUM NOORP08 IEO Future Item for the City Council Meeting of August 14, 2018 1852 Action Item for the City Council Meeting of August 21, 2018 DATE: July 30, 2018 TO: Keith Selman, Interim City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Renewal of state and federal external legislative consultant contracts. CAPTION: Motion to execute 24-month renewal agreements for governmental relations services with Focused Advocacy for state governmental relations services for $108,000 per year plus reasonable expenses and with Meyers & Associates for federal governmental relations services for $78,000 per year plus reasonable expenses. PURPOSE: Renewal of 24-month governmental relations contracts between the City of Corpus Christi and Focused Advocacy for state governmental relations services and Meyers & Associates for federal governmental relations services. BACKGROUND AND FINDINGS: The City has engaged the services of external firms for state and federal governmental relations services for many years. Focused Advocacy became the City's consultant for state matters in 2011 but represented the City before that with a different firm. Meyers & Associates has represented the City since the early 1990s. Both firms are well-respected and connected in their respective legislative arenas and have been effective and resourceful advocates for the City. Focused Advocacy has represented the City for many years and is familiar with the City, its legislative history and its needs. The firm almost exclusively represents municipalities, so they have extensive knowledge of municipal law and legislative issues. The firm also represents the Texas Mayors of Military Communities, an organization of which the City is a member. TABLE 1. Focused Advocacy Contract History 2011-2017 Renewal Year Monthly Retainer Length of Contract 2011 $6,000 One year 2012 $6,000 One year 2013 $6,500 One year 2014 $9,000 Two years 2016 $9,000 Two years Meyers & Associates has represented the City for many years and is familiar with the City, its legislative history and its needs. Meyers & Associates maintains an excellent, non-partisan reputation among the Texas congressional delegation and continues to establish and maintain favorable contacts within the federal government that are beneficial to the City. Meyers also represents the Alliance for 1-69 Texas and the South Texas Military Facilities Task Force, organizations of which the City is a member. TABLE 2. Meyers &Associates Contract Histo 2011-2017 Renewal Year Monthly Retainer Length of Contract 2011 $6,000 One year 2012 $6,000 One year 2013 $6,500 One year 2014 $6,500 Two years 2016 $6,500 Two years ALTERNATIVES: (1) Renew one or both of the consulting contracts; (2) Not renew one or both of the consulting contracts, (3) Renew annual contracts instead of two year contracts; (4) Work with Purchasing Department on a request for qualifications (RFQ) to find different firms to represent the City. OTHER CONSIDERATIONS: The City will be hiring a new Director of Intergovernmental Relations sometime in 2018. It will be important for the new Director to have a knowledgeable, well-connected lobby team supporting the City during the successor's first Congressional and Texas Legislative Sessions. CONFORMITY TO CITY POLICY: The agreements being proposed for renewal are consistent with past agreements and have been approved by the City Attorney. These funds are available and budgeted for the 2019 fiscal year. EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: Interim City Manager City Attorney Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Not applicable Project to Date Fiscal Years: 2018- Expenditures 2019 (CIP only) Current Year Future Years TOTALS Line Item Budget $372,000 $372,000 Encumbered / Expended Amount 0 0 This item 372,000 3721000 BALANCE $0 $0 Fund(s): 1020, 4010, 4130, 4200 (state and federal), and 4610 (federal only) Comments: None RECOMMENDATION: Staff recommends continuing the City's existing relationships with both Focused Advocacy in Austin and Meyers & Associates in Washington, D.C., for the 2019 and 2020 fiscal years. The organizations have a record of success in assisting with achieving the City's priorities and are responsive to the City's needs. We recommend approval of the two contracts for the next 24 months. LIST OF SUPPORTING DOCUMENTS: Renewal contract with Focused Advocacy Renewal contract with Meyers & Associates FOCUSED (Q�,J ADVOCACY CONTRACT FOR PUBLIC AFFAIRS CONSULTING SERVICES (City of Corpus Christi, Texas) This contract is made the 1St day of October, 2018,between City of Corpus Christi, Texas, having its principal place of business at 1201 Leopard, Corpus Christi, TX 7840 1(hereinafter "Client") and Focused Advocacy having its principal place of business at, 816 Congress, Ste. 370,Austin, Texas 78701 (hereinafter "Consultant") for the provision of public affairs consulting services related to the Client. 1. Services. Consultant will provide the services described below. a.At the direction of Client, represent the Client in dealings with elected and appointed officials, legislative staff, regulators, and interested stakeholders on matters of public policy identified by the Client with a particular emphasis on matters that impact municipal services and budgets. b. Provide analysis and tracking of government actions and decisions that could have an effect on the governmental affairs strategy of the Client. c.Advise Client on legislative actions contemplated and taken with respect to identified issues and goals. Assist in the development of a comprehensive strategy to accomplish Client's government affairs goals and objectives, including review and editing of legislation, drafting of amendments, riders, and related supporting documents. d.Assist the Client in the passage or defeat of legislative initiatives that are proposed and identified by the Client as part of their overall legislative agenda. e. Consult with Client regarding the effectiveness of its relationships with elected officials, processes and the political environment in Texas. Identify and implement strategies to enhance Client profile with targeted individuals and entities including the arrangement of periodic visits and/or functions with key legislators and staff. f. Use best efforts to provide information to and educate decision makers with regard to Client's interests and government affairs objectives. Client will work to ensure Consultant has appropriate information and data to assist efforts in this regard. It is understood and agreed Consultant will not make representations or statements on Client's behalf without prior authorization to do so. 816 CONGRESS AVENUE,STE.370 • AUSTIN,TEXAS 78701 0 INFO@)FoCUSEDADVOCACY.COM FOCUSED (Q�,J ADVOCACY g. Monitor,by attendance at meetings and otherwise, state legislative and regulatory bodies considering legislation and/or rulemaking that would impact Client's government affairs objectives and interests. h. Monitor and track legislation that impacts Client's interest during the regular session and any called special sessions of the Texas Legislature during the term of the Agreement. Client or Consultant will identify such legislation as having a potential material impact on Client's interests. i. Consultant will assist in preparing city officials who testify before the Texas Legislature. As part of this preparation the Consultant will assist in formulating written and verbal testimony for city officials who provide testimony to legislative and administrative bodies. 2. Client Support and Communication. As requested, Consultant will provide Client both written and verbal status reports on all matters affecting their stated interests. Consultant will attend Client meetings, as requested and schedule permitting,to assure timely and effective communications. Snapper Carr and Brandon Aghamalian will serve as the primary contact on behalf of the Consultant. Deliverables -As requested, Consultant will provide the Client during the legislative session,written summary reports detailing the nature of legislative contacts (e.g. meetings and communications) the Consultant made on behalf of the Client to further the Client's state legislative agenda. 3. Legal Services. It is understood and agreed that Consultant is being retained hereunder to provide governmental consulting services and not to provide legal advice or services to Client. In the event that legal opinions or financial analysis are needed at any time with respect to Client's interests,the decision to seek additional professional advice and services, and from whom, shall rest exclusively with Client. 4. Expansion of Scope of Work. Should representation expand significantly beyond the contemplated scope outlined in the Agreement,both parties will mutually agree to discuss the role of the expanded services and agree, if necessary,to discuss the payment of additional compensation during this unlikely event. It is also understood that the Consultant works independently of any additional consultants the Client may have under contract. 5. Term. This Agreement is effective on October 1, 2018 through August 31, 2020 (24 month period). Either party may terminate the contract by giving thirty (30) days written notice to the other party. 816 CONGRESS AVENUE,STE.370 • AUSTIN,TEXAS 78701 INFO@)FoCUSEDADVOCACY.COM FOCUSED (Q�,J ADVOCACY 6. Compensation. In consideration for the performance of services, Client shall pay fees as follows: a. $9,000 per month for the duration of the contract. The fee will be billed on or about the first of each month. b. Payment shall be made to Focused Advocacy, LLC, 816 Congress Avenue, Ste 370,Austin, TX 78 70 1(Attention: Snapper L. Carr). 7. Independent Contractor Relationship. It is understood by the parties that Consultant is an independent contractor for the purposes of any federal and/or state laws including tax laws, and that Consultant is not in any way an employee, full or part-time of Client. 8. Expenses. Client agrees to pay Consultant's reasonable expenses incurred for pre- approved travel made at Client's request for work connected to this agreement. "Reasonable expenses" shall include airfare, hotels,taxis, shuttles, rental cars, meals. Consultant agrees to comply with all applicable expense reimbursement policies of the Client. Consultant shall provide documentation of all reimbursable expenses. Client shall pay these invoices within thirty (30) days of receipt. 9. State Law. Under Texas and federal law there are various requirements imposed on persons and organizations that interact with state officials, especially where an attempt is made to influence legislation or contracts. In this regard, Consultant will promptly inform Client when any such filings are necessary and shall seek registration with respect to the services to be performed on Client's behalf. Consultant agrees to perform its obligations under this contract in compliance with all applicable laws. 10.Lobby Activities and Reporting. The Texas ethics law and rules adopted by the Texas Ethics Commission require the Consultant to report compensation or reimbursement paid to Consultant for the purpose of directly communicating with members of the legislative or executive branch. Texas Ethics Commission Rules provide that a registrant receiving compensation or reimbursement for purposes other than lobby activities may reasonably determine the amount of compensation attributable to lobby activities and report only that amount. The rules define "lobby activity"as "Direct communication with one or more members of Texas legislative or executive branch to influence legislation or administrative action and activities in preparing for such direct communication." The Consultant will allocate on a reasonable basis, as allowed by the rules,the amount of the retainer paid to the 816 CONGRESS AVENUE,STE.370 0 AUSTIN,TEXAS 78701 0 INFO@)FoCUSEDADVOCACY.COM FOCUSED (Q�,J ADVOCACY Consultant that is being paid for "lobby activities". Based upon Consultant's experience representing other clients,the Consultant believes 50 (fifty) percent will be a reasonable estimate of the monthly retainer attributable to "lobby activities." It is understood and agreed that the Consultant's activities will be monitored from time to time so that any change in the amount of time spent on lobby activities as defined by the rules of the Texas Ethics Commission will be detected and updated, if necessary. 11. Confidentiality. If a party provides information or materials indicated to be confidential, the receiving party will maintain the confidentiality of such matters and not disclose any such information except in proper performance of this contract and as required by law. 12. Conflicts of Interest. By signing this Agreement, Client is consenting to the representation of multiple clients by the Consultant and is confirming that no direct conflicts of interest currently exist. If any such conflict should develop, Consultant agrees to bring that fact immediately to the attention of both Clients for resolution. Consultant will exercise extreme cares to avoid conflicts, unintended or otherwise, which arise, if ever, in the future. It is understood that Consultant intends to focus their legislative representation on local government issues and will undertake all necessary steps to avoid and prevent conflicts of interests with private sector interests. Consultant agrees to fully comply with the Texas Ethics laws concerning conflicts of interests. 13. Termination. Either party may terminate this agreement, without cause, upon thirty (30) days written notice to the other. The Client may also terminate this contract with fifteen (15) days notice if termination is caused due to an irresolvable conflict of interest. 14. Entire Agreement and Modifications. This Agreement contains the entire agreement and understandings of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, negotiations and discussions. This Agreement may not be modified, rescinded or terminated orally, and no modification, rescission, termination or attempted waiver of any provision hereof(including this section) shall be valid unless in writing and signed by the parties hereto. 816 CONGRESS AVENUE,STE.370 • AUSTIN,TEXAS 78701 0 INFO@)FoCUSEDADVOCACY.COM FOCUSED (CJ ADVOCACY IN WITNESS WHEREOF,the parties have executed this Agreement through their duly authorized officers, as of the date set forth above. City of Corpus Christi, Texas Focused Advocacy, LLC By: By: Keith Selman Mr. Snapper L. Carr Interim City Manager General Counsel Date: Date: ATTEST: Rebecca Huerta City Secretary APPROVED AS TO FORM: Miles Risley City Attorney 816 CONGRESS AVENUE,STE.370 • AUSTIN,TEXAS 78701 • INFO@)FoCUSEDADVOCACY.COM AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City") and Meyers & Associates, a Washington based governmental relations consulting firm ("Meyers"), and is effective the 1st day of October 2018. WITNESSETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Federal Agencies. These include, but are not limited to,protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, funding for Community Development Block Grants and HOME programs, protecting the tax exempt status of municipal bonds, Hurricane Harvey recovery and mitigation funding, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, transportation policy and project funding, including the Harbor Bridge, Interstate 69, freight rail expansion, and maintenance of the Gulf Intracoastal Waterway, and various other regulatory and funding programs; and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $6,500.00 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out-of-pocket expenses. C. Such payments will commence on October 12018 and will continue for (24)twenty-four consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. Page 1 of 3 d. The services and relationship between the City and Meyers may be terminated with 30 days notice by the City Manager. 2. Meyers' Duties. Meyers agrees that they will: a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. C. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Meyers' other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence October 1, 2018 and continue until September 30, 2020, subject to the provisions for cancellation set out in Section 1 (d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity,without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. Page 2 of 3 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 12. Governing law and required compliance. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. Meyers agrees to comply with the 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. In accordance with Chapter 2270, Texas Government Code,the signatory executing this Agreement on behalf of Meyers verifies that the company does not boycott Israel and will not boycott Israel during the term of this agreement. 13. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original,but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and same is made effective upon execution by all parties. CITY OF CORPUS CHRISTI, TEXAS By: Keith Selman DATE Interim City Manager By: Larry Meyers DATE MEYERS &ASSOCIATES APPROVED AS TO FORM: CITY ATTORNEY Miles Risley Page 3 of 3 se o� Va. AGENDA MEMORANDUM CRRPOP I Future Item for the City Council Meeting of August 21, 2018 ,NPE 1852 Action Item for the City Council Meeting of August 28, 2018 DATE: August 21 , 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(a-)cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services kimb2(a)-cctexas.com (361) 826-3169 Uniform Rental for Beach Operations, Tourist District and Park Operations CAPTION: Motion authorizing a two-year service agreement with Cintas Corporation No. 2 of Corpus Christi, Texas for Parks & Recreation uniform rentals for a total amount not to exceed $105,007.76. PURPOSE: This item is to approve a service agreement for the rental of uniforms for Parks & Recreation Department's Beach Operations, Tourist District and Park Operations employees. BACKGROUND AND FINDINGS: The uniform rental service agreement is for the Parks & Recreation Department's Park and Beach Operations, which includes the Tourist District, Park Construction, Storm Water Mowing, Bayfront Arts and Sciences, McGee Beach Maintenance, North Beach Maintenance, and Gulf Beach Maintenance. This agreement includes the rental of shirts, pants and shorts, weekly laundering services, repair and replacement. The service was procured through the U.S. Communities cooperative which provides the best pricing to the City. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Parks and Recreation FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $0.00 $105,007.46 $105,007.46 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $105,007.46 $105,007.46 BALANCE $0.00 $0.00 $0.00 Fund(s): General Fund, Visitor Facility Fund, State Hotel Occupancy Tax (HOT) Fund, and Storm Water Fund Comments: The Service Agreement will begin October 1 , 2018 through September 30, 2020. Funding will be on future fiscal years 2019 and 2020. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet PRICE SHEET CITY OF CORPUS CHRISTI UNIFORM RENTAL FOR BEACH OPERATIONS, PURCHASING DIVISION TOURIST DISTRICT AND PARK OPERATIONS BUYER: NICOLE MALAIN Cintas Corporation No. 2 Corpus Christi, TX WEEKLY EXTENDED ITEM DESCRIPTION WEEKLY RENTAL PRICE PER EXTENDED PRICE QUANTITY 104 WEEKS PRICE WEEK 1 Cargo Pant 1177 $ 0.33 $ 390.76 $ 40,639.46 2 IMens Shirt 1265 $ 0.19 $ 235.29 $ 24,470.16 3 Uniform Advantage 2530 $ 0.03 $ 78.43 $ 8,156.72 4 Prep 2530 $ 0.04 $ 101.20 $ 10,524.80 5 Emblem 1265 $ 0.05 $ 63.25 $ 6,578.00 6 Size Premium 715 $ 0.16 $ 111.54 $ 11,600.16 7 Shorts 88 $ 0.33 $ 29.22 $ 3,038.46 8 Iservice Charge 2 $ - $ - $ - TOTAL $ 105,007.76 mUs c� w A 0 H v SERVICE AGREEMENT NO. 1688 "'anaoRno xs5a UNIFORM RENTAL FOR BEACH OPERATIONS, TOURIST DISTRICT AND PARK OPERATIONS THIS Uniform Rental for Beach Operations, Tourist District and Park Operations Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Cintas Corporation No. 2 ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Uniform Rental for Beach Operations, Tourist District and Park Operations in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Uniform Rental for Beach Operations, Tourist District and Park 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 24 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to zero additional zero-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then-current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $105,007.76, 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 City of Corpus Christi Page 1 of 8 Service Agreement Standard Form -Cintas Corp. Approved as to Legal Form 2/16/18 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: Name: Kimberly Hernandez Department: Parks and Recreation Phone: 361-826-3128 Email: kimberlyh2@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 in Contractor's commercial general liability insurance and auto liability insurance policies. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and City of Corpus Christi Page 2 of 8 Service Agreement Standard Form -Cintas Corp. Approved as to Legal Form 2/16/18 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. (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. City of Corpus Christi Page 3 of 8 Service Agreement Standard Form -Cintas Corp. Approved as to Legal Form 2/16/18 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. 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: Kimberly Hernandez Title: Landscape Contract Inspector Address: 5352 Ayers Street Bldg. 4, Corpus Christi, Texas 78415 Fax: 361-826-3864 IF TO CONTRACTOR: City of Corpus Christi Page 4 of 8 Service Agreement Standard Form -Cintas Corp. Approved as to Legal Form 2/16/18 Cintas Corporation No. 2 Attn: Lee A. Garza Title: Service Manager Address: 301 Junior Beck Drive, Corpus Christi, Texas 78408 Fax: None 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, TO THE EXTENT CAUSED BY THE CONTRACTOR'S NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, EXCEPT TO THE EXTENT THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS SUBJECT TO INDEMNIFICATION HEREUNDER, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not City of Corpus Christi Page 5 of 8 Service Agreement Standard Form -Cintas Corp. Approved as to Legal Form 2/16/18 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 and its attachments B. the bid solicitation document, including addenda (Exhibit 1 ) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on City of Corpus Christi Page 6 of 8 Service Agreement Standard Form -Cintas Corp. Approved as to Legal Form 2/16/18 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 TO FOLLOW] City of Corpus Christi Page 7 of 8 Service Agreement Standard Form -Cintas Corp. Approved as to Legal Form 2/16/18 CONTRACTOR- INTAS CORPORTION NO. 2 Signature: - �- Printed Name: L« A-0l keyn.4 6arz ce Title: /5-ev"J,`t Mbact Date: O7-C)5-17 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Page 8 of 8 Service Agreement Standard Form-Cintas Corp. Approved as to Legal Form 2/16/18 Attachment A: Scope of Work Project name: Uniform Rental for Beach Operations, Tourist District and Park Operations Project location: Beach Operations, Tourist District and Park Operations Scope of Work: • Contractor will supply 115 employees with 11 sets of uniforms (uniform consists of 11 shirts and 11 pants). ➢ Beach Operations - 9 employees ➢ Gulf Beach Maintenance - 2 employees ➢ Bayfront & Special Events Operations - 10 employees ➢ Tourist District- 14 employees ➢ North Beach District - 4 employees ➢ McGee Beach - 1 employee ➢ Park Maintenance - 54 employees ➢ Park Construction - 4 employees ➢ Storm Water- 17 employees • Contractor will pick up soiled garments and deliver the clean garments on a weekly basis. • Pick up and deliveries will happen during working hours. • Contractor will inspect uniforms for any needed repairs or replacement. • Contractor will make repairs or replace garments with the Contract Administrator's approval. • Contractor will work directly with the Contract Administrator. • Uniform Advantage Program which covers repair or replacement charges for damaged or aged out pants and shirts. • Size premium covers size upcharges for pants and shirts. • Prep Plan covers ID Tape charge on shirts, pants and shorts for new employee set up as well as ID tape charge on shirts, pants and/or shorts that require repair or replacement as defined in Uniform Advantage. Page 1 of 2 • Emblem covers City Emblem charge on shirts, pants and shorts for new employee set-up, as well as emblem charges on shirts, pants and/or shorts that require repair or replacement as defined in Uniform Advantage. Page 2of2 �4yU8 C� Attachment B-Quote/Pricing Schedule CITY OF CORPUS CHRIST] o QUOTE FORM zss2 1. Refer to Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight, for each item. 3. In submitting this quote, Contractor certifies that the prices in this quote have been arrived at Independently, without consultation, communication, or agreement with any other contractor or competitor,for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the following: Beach DAs- 9 Employees DESCRIPTION QTY UNIT UNIT PRICE a PRICE 104 weeks TOTAL Cargo Pont (Item No. 270) 99 ea .332 32 868 3418.272 Comfort Shirt (item No.935) 99 ea .186 18.414 1915.056 Uniform Advantage (02) 198 ea •031 6.138 638.352 Prep (7074) 198 ea .040 7.92 823.68 95 Emblem (14) 99 ea .050 4. 514.80 Size Premium 88 ea A56 56 13.728 1427.712 U. S. Communities Contract# 12-JLH-011 C TOTAL $8,737.872 gam. .326 -G-vif Seach MaInt-2 Employees - t DESCRIPTION QTY UNIT UNIT PRICE PRICE 104 weeks TOTAL Cargo Pant (Item No. 270) 22 ea .332 7.304 759.616 Comfort Shirt (Item No. 935) 22 ea 186 4.092 425.568 Uniform Advantage 44 ea .031 1.364 141.856 Prep (7074) 44 ea .040 1.76 183.04 Emblem (14) 22 ea 1.r0 .050 114.40 Size Premium 22 ea 156 3.432 356.928 U. S. Communities Contract# 12-JLH-011 C TOTAL $1,981.408 Page 4 of 13 REQ Revised 7.13.2017 Boyftpnt 8 Special Events Oaerafions- 10 Emplovees DESCRIPTION QTY UNIT UNIT PRICE _PRICE 104 weeks TOTAL Cargo Pant (Item No. 270) 66 ea. 332 21.912 2278.848 608 Cargo Snorts (Item No.370) 44 ea. .331 14. 1519.232 46 Comfort Shirt (Item No.935) 110 ea. .186 20. 2127.84 82 Uniform Advantage 220 ea. •031 6. 709.28 Prep (7074) 220 ea. .040 8.80 915.20 Emblem (14) 110 ea 5.50 .050 572.00 Size Premium 66 ea .156 10.296 1070.784 U. S. Communities Contract#12-JLH-011C TOTAL $9,193.184 Tourist District- 14 Em lovees DESCRIPTION ryyY QTY UNIT UNIT PRICE PRICE TOTAL 104 weeks Cargo Pant (Item No. 270) 110 ea 36.52 .332 3798.08 Cargo Shorts (Item No. 370) 44 ea .332 14.608 1519.232 644 Comfort Shirt (Item No. 935) 154 ea. .186 28. 2978.976 Uniform Advantage 308 ea. 031 9.548 992.992 Prep (7074) 308 ea. .040 12.32 1281.28 Emblem (14) _ 154 ea. .050 7.70 800.80 Size Premium 88. ea. .156 13.728 1427.712 U. S. Communities Contract# 12-JLH-011C TOTAL L $12,799.07 Page 5 of 13 RFQ Revised 7.13.2017 r North Beach Maint-4 Embloyees DESCRIPTION QTY UNIT UNIT PRICE PRICE 104 Weeks TOTAL Cargo Pant (Item No. 270) 44 ea 14.608 .332 1519.232 184 Comfort Shirt (Item No.935) 44 ea. .186 8. 851.136 Uniform Advantage 88 ea .031 2.728 283.712 Prep (7074) 88 ea. .040 3.52 366.08 Emblem (14) 44 ea. .050 2.20 228.80 Size Premium 22 ea 156 3.432 356.928 U. S. Communities Contract# 12-JLH-0110 TOTAL. $3,605.888 McGee Malnt- 1 Employee DESCRIPTION QTY UNIT UNIT PRICE PRICE 104 weeks TOTAL Cargo Pant (Item No. 270) 11 ea .332 3.652 379.808 Comfort Shirt (Item No. 935) 11 ea .186 2.046 212.784 Uniform Advantage 22 ea .031 .682 70.928 Prep (7074) 22 ea .040 .8$ 91.52 Emblem (14) 11 ea. •050 .55 57.20 Size Premium 11 ea .156 1.716 178.464 U. S. Communities Contract# 12-JLH-011C TOTAL $990.704 Page 6 of 13 RFQ Revised 7.13.2017 Park Maint- 54 Employees T DESCRIPTION T QTY _ UNIT UNIT PRICE I PRICE 104 weeks TOTAL Cargo Pant (Item No. 270) 594 ea. •332 197.208 20509.632 Comfort Shirt (Item No. 935) 594 ea .1$6 110.484 11490.336 Uniform Advantage 1188 ea .031 36.828 3830.112 Prep (7074) 1188 ea. .040 47.52 4942.08 Emblem (14) 594 ea. .050 29.70 3088.80 Size Premium 308 ea 156 48.048 4996.992 U. S. Communities Contract# 12-JLH-011C TOTAL. $48,857.952 Park ConstrucHon-4 Empgy„qes DESCRIPTION QTY UNIT UNIT PRICE PRICE 104 weeks TOTAL Cargo Pant (Item No. 270) 44 ea. .332 14.608 1519.232 Comfort Shirt (Item No. 935) 44 ea. .186 8.184 851.136 Uniform Advantage 88 ea .031 2.728 283.712 Prep (7074) 88 ea .040 3.52 366.08 Emblem (14) 44 ea. 1 .050 2.20 228.80 Size Premium 22 ea 156 3.432 356.928 U. S. Communities Contract# 12-JLH-011C i TOTAL - f _.. 1 $3,605.888 Page 7 of 13 RFQ Revised 7.13.2017 Storm Wafer— I7 Finalovees DESCRIPTION QTY UNIT UNIT PRICE PRICE 104 weeks TOTAL Cargo Pant (Item No.270) 187 ea 62.084 .332 6456.736 Comfort ShirtItem No.935 34.782 Shirt (item 187 ea. •186 3617.328 Uniform Advantage 374 ea .031 11.594 1205.776 Prep (7074) 040 14.96 1555.84 374 ea. Emblem (14) 9.35 187 ea •050 972.40 Size Premium 88 ea. .156 13.728 1427.712 1., U. S. Communities Contract ff 12-JLH-011C TOTAL $15235.792 COMPANY: NAME OF PERSON AUTHORIZED TO SIGN: -CA Coag'-c1 ADDRESS: -)j0 l ���ter ��c[� 1�r. CITY I STATE/ZIP . ,rw��, dw-A' . 7� 1�- PHONE: 3jol It EMAIL. 9arz�� GLti o FAX: DATE: - SIGNATURE: TITLE: THE CITY RSERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. Page 8 of 13 RFQ Revised 7.13.2017 Attachment C: Insurance Requirements 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 Park & Recreation Director one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Page 1 of 4 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City, and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 4 E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Parks and Recreation Uniform Rental Service 04/26/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 4 Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. Page 4 of 4 Attachment D: Warranty Requirements No warranty requirements necessary for this service agreement; Section 8(B). Warranty is null for this Service Agreement. Page 1 of 1 SC w �a o H v AGENDA MEMORANDUM NC4RPOPP'I Future Item for the City Council Meeting of August 21, 2018 1852 Action Item for the City Council Meeting of August 28, 2018 DATE: August 13, 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 Construction Contract Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2018-2019 (Wastewater& Storm Water Operating Funds) CAPTION: Motion authorizing Amendment No. 1 to the Professional Services Contract with Alan Plummer Associates, Inc. of Corpus Christi, Texas in the amount of$120,946 for a total amount of$159,526 for the base year and a construction contract with Abel's Paving & Construction, Inc. of Corpus Christi, Texas in the amount of$764,707 for the base year of the Wastewater Service Line Repair and Clean- out Installation and Manhole Ring and Cover Adjustment Program FY 2018-2019 with a total expenditure not to exceed $401,418 and $2,294,121 respectively over the three-year life of the contract. PURPOSE: This provides for the initial base year of the 3-year project (one base year plus two optional one-year extensions) for the engineering services support and an Indefinite Delivery Indefinite Quantity (IDIQ) construction contract for replacement and repairs to the Wastewater and Storm Water Collection systems. BACKGROUND AND FINDINGS: This is part of the City's strategic plan to implement lifecycle infrastructure operational and maintenance improvements to the wastewater and storm water collection systems to improve services and minimize Infiltration and Inflow that contributes to potential overflows. This IDIQ project was successfully developed and implemented over the last 10 years. Project Scope: Alan Plummer Associates Inc. (APAI) will provide engineering services for the field investigations, review of closed circuit televised videos (CCTV) of existing lines with analysis and recommendations to prioritize and prepare multiple Delivery Orders and providing construction phase technical support that includes site visits with reviews and infrastructure improvement recommendations based on closed circuit televised video (CCTV), and associated documentation. The IDIQ construction contract includes estimated quantities for locating, excavating and replacing approximately 255 wastewater clean-outs with an associated 3,700LF of service line, and 160 wastewater manholes ring and cover adjustments. The project also includes adjustment of approximately 56 stormwater manholes ring and cover adjustments. The work authorizations are through multiple individual Delivery Orders to address existing services City-wide. This project is developed as a multi-year contract with one base year plus two 1-year optional renewals for both the engineering services contract and the IDIQ construction contract. This item is for the authorization for the base year in the respective amounts not to exceed $159,526 for APAI (engineering) and $764,707 (IDIQ construction) with a total expenditure not to exceed $401,418 and $2,294,121 over the three-year life of the contract. The optional renewals will be administratively authorized by the City Manager, or designee based on the engineer and construction contractor performance and the availability of funds. On June 13, 2018, the City received proposals from six (6) bidders and the bids are as follows: Contractor Base Bid Abel's Paving & Construction, Inc. Corpus Christi, TX $764,707.00 RCM Constructors, Inc. Corpus Christi, TX $821,200.00 Clark Pipeline Services Corpus Christi, TX $969,602.56 MAX Underground Construction Company, LLC Corpus Christi, TX $995,917.00 Jhabores Construction Company, Inc. Corpus Christi, TX 78466 $1,464,913.00 National Power Rodding Corp. Austin, TX $2,446,140.20 Engineer's Opinion of Probable Construction $690,000.00 Cost ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Alan Plummer Associates, Inc. is the Engineer selected for this project under RFQ No. 2017-01 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: Wastewater FINANCIAL IMPACT: DOperating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2017-2018 Expenditures Budget 1,052,574 1,052,574 Encumbered / 38,580 38,580 Expended Amount This item 764,707 764,707 (Construction) This Item 120,946 120,946 (Amendment No. 1) Future Anticipated Expenditures This 128,341 128,341 Project BALANCE 01 0 Fund(s): Wastewater and Storm Water Operating Funds Comments: N/A RECOMMENDATION: City staff recommends the award of the Professional Services Contract Amendment No. 1 to APAI and the IDIQ construction contract be awarded to Abel's Paving & Construction, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Letter of Recommendation PROJECT BUDGET ESTIMATE Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2018-2019 PROJECT FUNDS AVAILABLE: Wastewater Operational Budget............................................................................... 972,739 Storm Water Operational Budget................................................................................... 79,835 TOTAL FUNDS AVAILABLE 1,052,574 FUNDS REQUIRED: Construction Fees:..................................................................................................... 841,178 Construction (Abel's Paving and Construction)THIS ITEM 764,707 Contingency(10%).................................................................................. 76,471 EngineeringFees:...................................................................................................... 159,526 Preliminary Engineering(Alan Plummer Associates)...................................... 38,580 Construction Observation(Alan Plummer Associates)THIS ITEM . 120,946 Reimbursements:....................................................................................................... 51,870 Contract Administration(Eng. Svcs Admin/Finance/Capital Budget).................. 20,370 Engineering Services(Project Mgt)............................................................. 30,500 Misc. (Printing,Advertising, etc.)................................................................ 1,000 TOTAL 1,052,574 ESTIMATED PROJECT BUDGET BALANCE 0 CITY OF CORPUS CHRISTI Amendment No. 1 to the CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E17095 - Utilities Service Line Repair and Clean Out Installation and Manhole Ring and Cover Adjustment Program FY2018 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 Alan Plummer Associates, Inc., 5934 South Staples Street, Suite 220, Corpus Christi, Nueces County, Texas 78413, (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 $120,946.00 for a total amount not to exceed of$159,526.00 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 UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 te the expiratie—A date Af the prier term. ARY FeRAWAls; AhAll htQ At thtQ SAMA ttQFM13- AR GE)RditiGRS, plus aR" Contract for Professional Services Page 4 of 12 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Contract for Professional Services Page 5 of 12 Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Contract for Professional Services Page 6 of 12 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the Contract for Professional Services Page 7 of 12 documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed Contract for Professional Services Page 8 of 12 diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services Page 9 of 12 ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you Contract for Professional Services Page 10 of 12 need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas,com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable,and the invalidityor 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 ALAN PLUMMER ASSOCIATES Pam-) id, S-, Jeff H. Edmonds, P.E. Date Rex H. Hunt, P.E. 4bate Director of Engineering Services Principal 5934 South Staples Street, Suite 220 Corpus Christi, Texas (361) 356 - 8412 rhunt@apaienv.com APPROVED Assistant City Attorney Date Contract for Professional Services Page 11 of 12 ATTEST City Secretary Date Fund Name Accounting Unit Account Activity No. Amount No. Wastewater E17095-01-4200- Operating Fund 4200-33400-042 550060 EXP $120,946.00 Total $120,946.00 Contract for Professional Services Page 12 of 12 Exhibit "A" City of Corpus Christi, Texas Utilities Service Line Repair and Clean Out Installation and MH Ring and Cover Adjustment Program FY 2017-2020 Project No. E17095 Scope of Services PROJECT DESCRIPTION This program provides the City of Corpus Christi (CLIENT) with engineering support for locating, excavating, and replacing approximately 2,800 linear feet of wastewater service lines from the clean-out to the bend and from the bend to the CLIENT mains, and adjusting sanitary sewer and storm water manholes ring and cover through multiple Indefinite Delivery/Indefinite Quantity (ID/IQ) work authorization orders. Alan Plummer Associates, Inc. (ENGINEER) will provide engineering and construction support services including preparation of plans, specifications, bidding documents, and periodic field inspection/observation during construction. A. BASIC SERVICES 1.0 Design Phase Design phase services are not included in this Scope of Services. 2.0 Bid Phase Bid phase services are not included in this Scope of Services. 3.0 Construction Phase Services Construction Phase Services to be provided as Additional Services in Section B, following. B. ADDITIONAL SERVICES (ALLOWANCE) Additional services will include Construction Phase Services to include: a. Participate in Pre-Construction Meeting Conference. b. Review Contractor submittals and shop drawings for conformance to Contract Documents. c. Perform routine project management and QA/QC including communications with CLIENT; managing staff resources, files, budget, schedule, invoicing; and project QA/QC. d. Review field and laboratory tests. Page 1 of 5 6/14/2018 EXHIBIT A Page 1 of 5 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 CLIENT under the contract. f. Prepare change orders as authorized by the CLIENT (coordinate with the CLIENT's construction division); provide interpretations and clarifications of the plans and specifications for the Contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the CLIENT under the contract. g. Provide Construction Observation Services as detailed in the following section. Construction Observation Services. Provide a project representative (PR) to conduct periodic construction inspection. In performing these services, the Engineer/PR cannot guarantee the performance of the Contractor, nor be responsible for the actual supervision of construction operations or for the safety measures that the Contractor takes or should take. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of the ENGINEER, and will confer with the ENGINEER regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with the ENGINEER and Contractor, keeping the CLIENT advised as necessary. 2. Construction Meetings: Attend meetings with Contractor, such as progress meetings, job conferences and other project related meetings as required by the CLIENT, and prepare and circulate copies of minutes thereof. 3. Liaison: Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. PR shall communicate with CLIENT with the knowledge of and under the direction of the ENGINEER. 4. Public Involvement: Assist CLIENT and Contractor in preparing notices, handouts and exhibits for public information and coordination of construction work. 5. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 6. Shop Drawings and Samples: a. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor submits. This review is for the benefit of the Owner and covers only general conformance with the information given by the Contract Documents. The Contractor is to review and stamp his approval on submittals prior to submitting to ENGINEER, and review by the ENGINEER does not relieve the Contractor of any responsibility such as dimensions to be confirmed and correlated at the job site, appropriate safety measures to protect workers and the public, or the necessity to construct a complete and workable facility in accordance with the Contract Documents. Page 2 of 5 6/14/2018 EXHIBIT A Page 2 of 5 7. Review of Work and Resection of Defective Work: a. Conduct On-Site observations of Contractor's work in progress to assist the ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise CLIENT and the ENGINEER of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 8. Records: a. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, the ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare data forms detailing the location and lengths of the repaired service lines. 9. Reports: a. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Report immediately to the CLIENT and the ENGINEER the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. c. Provide project photo documentation of each clean-out service line and manhole repaired, including an adequate amount of photograph documentation of utility conflicts. 10. Completion: a. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. b. If necessary, participate in a final inspection in the company of ENGINEER, the CLIENT, and/or Contractor and prepare a final list of items to be completed or corrected. Page 3 of 5 6/14/2018 EXHIBIT A Page 3 of 5 c. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. Services Related to the Contractor's Warranty. The ENGINEER will conduct a maintenance guaranty inspection for the Contractor's Warranty toward the end of the one-year period after the Contractor's acceptance of the project. The ENGINEER will note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the CLIENT staff of the locations and conditions requiring action. The maintenance guaranty inspection will include inspection of 20 manholes, selected at random. It is anticipated that any defective work associated with the service lines and cleanouts will be identified by the customers and will be repaired as the defects are reported; no maintenance guaranty inspections will be performed for cleanouts and service lines. C. SCHEDULE Project schedule to coincide with the project Construction Contract, which has a contract duration of 365 days. D. FEE Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section B. "Additional Services," the CLIENT will pay the ENGINEER a not-to-exceed fee as per the following table. Page 4 of 5 6/14/2018 EXHIBIT A Page 4 of 5 Summary of Fees TOTAL BASIC SERVICES 1 Preliminary Phase 2 Design Phase 3 Bid Phase 4 Construction Phase (See Construction Observation Services Subtotal Basic Services ADDITIONAL SERVICES 1 Permit Preparation $0.00 2 ROW Acquisition Survey $0.00 3 Topographic Survey $0.00 4 Environmental Issues $0.00 5 Construction Observation Services $120,946.00 6 Start-Up Services $0.00 7 Warranty Phase (Included in Construction Observation Services 8 Additional Design Services $0.00 Subtotal Additional $0.00 Services TOTAL FEE $120,946.00 Page 5 of 5 6/14/2018 EXHIBIT A Page 5 of 5 a) p Q Q 0 0 0 0 0 0 0 0 0 0 0 0 _ O O O O M O o 0 m m m LO M LO O d Q 0 0 0 0 0 LO 0 0 ~ ~ ~ O O O M E sco iO LO M N M N U Nd O o U a� LU -0 fl � Q (1) O O O O O O O O Q Q Q O O O O E E D O O 00 O o 0 o m m m o 0 0 0 `E (D (1) = 0 0 0 0 0 0 o ti F- F- F ti o I` ti 0 Of V 64 O LO O LO O N N LO �t 0 _ Lf) I-- L() I-- L() CO N O) 6 Ldl It Ldl 4' ami I E R 69 69 09 Ef? Ef? 69 Ef} Ef} 69 69 � m O O O O O o 0 o 0 0 0 0 O O O 0 0 0 0 0 O O O m m m 0 O O O - 000000 O O O F- F- F- O 000 O '5 00 O 63 H? O O 63 09 O 00 0� LQ LQ LO LO LO LO0 F- > r r N 69 C\ 69 C7 ka 09 09 ka ca O O O O O o 0 o 0 0 0 0 O O O N O O O O O O O O m m m 0 O O O 7 0 0 0 0 0 0 0 0 ♦— ♦— ♦— 0 O O O O .v O O 63 63 O 69 69 69 64 O 69 O '> O O Lf) Ln Ln Ln > 69 W � 63 69 63 Efl a - O O O O O O O O Q Q Q O O O O 9 0 0 0 00 0 o m m m o O O O 00000 GOOF- F- F- O 000 LU i > 10 09 63 0 0 69 69, O o0 0 O F- XleN CD U X N T- O O O O O O O O p p p 0 O O O E w X o 9 0 0 0 0 0 0 0 00 00 00 0 0 0 0 0 0 0 0 0 0 0 1-- ti o ti ti m 0 0 0 0 0 0 0 0 0 O N N Iq LO le O O O I'- LO N O r Co Il- N I- a) a) a Z d "�'' Hp M S M 00 N 00 � N LV d U61)-6F� 6F? 6F} 6F- 69 69 60- E9 K-} 6F� 'r, � .� 0 t J a C 'U N O O 99 O O O O Q Q Q O O O O a) a >> 000000 001-- � � � 1-- 0r- r-- � a C Z 63 69 Ln O Ln 09 09 N N Ln N r-- 0 �0 — ,O CVS O N CO CO N CO 00 U U E 6q 69 64 6a 69 64 6- o 0 0 00 0 O O O Q Q Q O O O O m 0 0 0 0 0 0 0 o m m m o 0 0 0 000000 000E- F- F- 0 000 Z 63 O 63 63 O 69 N 64 N O N N O CZ O O O � U O E 63 69 69 64 63 69 69 -4-- 0 O O O O O O O O Q Q Q O O O O O O 9 0 0 0 0 0 0 o m m m o 0 0 9 a 00000 000E- F- F- 0 000 L 0 0 0 0 0 O 69 69 O O O O = 0 0 Ln Ln O O O O O O L O W N N CO N N CO N 00 O U 63 64 Efl 69 63 63 64 69 Q9 O U �- cB i U OU U) M N > a) (� U a) a) a) > d Cf) N U- Cf) a) N N V cv to a) a) L N ca d LL U d L a) d U CO w � O LL cn L N a N d Co 0O ca _0 O U u) w ai d (Q d a) U CO C � a O m Q N (B � a fn crs cv O c � 0 Q crs c a) U 0 E � � N O �' � � a) � � Q 0 E U � y N � N to c - " L Q +. Q .� � 4�., a) m a) O = a� u� cv °� U cv O O cz cB m IL p m U U) Q d d 0 CO CO fn m Q F- Z Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 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 SUPPLIER NUMBER TO BE;ASSIGNED BY 01Y-- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus Chr►sti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following infonnation. 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: ALAN PLUMMER ASSOCIATES INC. P. O.BOX: STREET ADDRESS: 1320 S. University Dr CITY: Ft. Worth ZIP: 76107 FIRM IS: 1. Corporation IN 2. Partnership B 3. Sole Owner El4. Association u 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 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 N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "E" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public ingeneral or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City oXcial or employee in the matter is apparent. The disclosure shall also be made in a signed writing fled with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Rex Hunt, P.E. Title: Principal ('Type or Print) Signature of Certifying Date: Ju/ � Person: DEFINITIONS a. "Board member.'" A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint . stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Page 2 of 2 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: E17095 WASTEWATER SERVICES, CLEANOUTS CITY COUNCIL EXHIBIT AND MANHOLE ADJUSTMENTS IDIQ CITY OF CORPUS CHRISTI,TEXAS PROGRAM 2018 DEPARTMENT OF ENGINEERING SERVICES ALAN r , ASSOCIATES, INC. LA ENVIRONMENTAL ENGINEERS AND SCIENTISTS 0537-033-01 July 5,2018 Mr. Pablo G.Martinez,P.E., C.P.M. Project Manager City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Christi,Texas 78401 Via E-Mail: PabloMlkcctexas.com Re: Bid Evaluation Utilities Service Line Repair and Clean Out Installation and Manhole Ring and Cover Adjustment Program,Project E17095 Dear Mr.Martinez: Alan Plummer Associates, Inc. (APAI) has completed a bid evaluation for the Wastewater Services, Cleanouts and Manhole Adjustments (IDIQ) Program 2018 Project. The Bid Tabulation is provided as Attachment A. The scope of work for construction contract includes: locating, excavating, and replacing approximately 3,700 linear feet of wastewater service lines from the clean-out to the bend and from the bend to the City mains, adjusting approximately 200 wastewater and storm water manhole rings and covers, control of wastewater flows by bypass pumping, cleaning and televised inspection, and temporary traffic control measures. The City received a total of six(6)bids on June 13,2018, as summarized below: Bidder Total Bid Difference Com ar to Low Bid Abel's Paving & Construction Inc. $764,707 -- -- RCM Constructors,Inc. $821,200 $56,493 7.4% Clark Pipeline Services $969,603 $204,896 26.8% MAX Underground Construction Co.,LLC $995,917 $231,210 30.2% Jhabores Construction Co.,Inc. $1,464,913 $700,206 91.6% National Power Rodding Corp. $2,446,140 $1,681,433 219.9% Average $1,243,747 $479,040 62.6% Abel's Paving and Construction, Inc. (AP&C) was the apparent low bidder with a total bid amount of$764,707,which is an increase of 9.8% from the 2017 IDIQ contract which had a contract value of$689,961. 5934 SOUTH STAPLES STREET SUITE 220 CORPUS CHRISTI,TEXAS 78413 PHONE 361.356.8412 TBPE Firm No.13 Mr. Pablo G.Martinez,P.E.,C.P.M. Page 2 July 5,2018 Evaluation of Bids Per the requirements of the Contract Documents, the three lowest bidders were asked to submit Section 00 45 16 Statement of Experience within 5 days of the date Bids were due. Documents received are provided as Attachment B. The contract documents cite several criteria(refer to Section 00 21 13,Article 14; Section 00 30 00,Articles 5; and Section 00 45 16,Articles 1, 2, and 3) to evaluate the apparent lowest responsible bidder's ability to perform the intended scope of work. The criterion includes: 1. Bidder's submitted bid amount; 2. Safety record; 3. Bidder's indebtedness to Owner; 4. Bidder's capacity to perform the work; and 5. Bidder meeting the minimum specific project experience requirements (for the Organization and Key Personnel). Additionally, Article 24.02 of Section 00 21 13 lists various items that would be cause to reject a Bid or cause to deem a bid non-responsive or irregular. APAI reviewed the submitted Statement of Experience; resumes for key personnel; experience modification ratio (for past 5 years); list of equipment; and subcontractor certifications and experience modification ratio for Abel's Paving and Construction,Inc.,the apparent low bidder for this contract. 1. Bidder's amount of submitted bid: The submitted bid from Abel's Paving and Construction, Inc. did not appear to be of overall concern. The bid did not appear to be unbalanced. Two specific line items (A5, and A16) appear to be significantly lower than those of the other submitted bids. 2. Bidder's safety record: Abel's Paving and Construction, Inc.'s Worker's Compensation Experience Rating indicates acceptable experience modifier levels of less than 1.0. 3. Bidder's Indebtedness to Owner: APAI is not privy to Abel's Paving and Construction, Inc.'s current financial indebtedness it may have with the City. City Finance,or other,personnel should be able to confirm any lapses on the Contractor's part to comply with this requirement. 4. Bidder's capacity to perform the work: APAI has not been provided with the bid security/bonds that the contractor should have included with their bid package. The City will need to verify if the required Bid Security was provided with the Bid. 5. Bidder meeting the minimum specific experience requirement: Abel's Paving and Construction, Inc. listed nine (9) references in Section 00 45 16 Statement of Experience (Projects awarded During the Last 5 Years). APAI was only successful in speaking with five (5) of the nine (9) listed references. APAI noted that a vast Mr. Pablo G.Martinez,P.E.,C.P.M. Page 3 July 5,2018 majority(8 of the 9)references had no listed description of past work performed that matches the proposed scope of work associated with this contract. The following summarizes our findings from the nine reference checks: NUMBER PROJECT CONTACT LISTED NOTES EXPERIENCE I AEP—Gulf Abraham Asphalt drives, No answer;left Coast Figueroa sealcoat, voicemail to return Racing repairs phone call 2 Lake Placid John Curb and Contact indicated that Subdivision Mikulencak gutter, neighborhood limestone base infrastructure and asphalt (curb/gutter/sidewalk roads )work was performed. Does not remember any utility work being performed by AP&CI. 3 Stabil Drill Chip Olds 4 acres of Mr. Olds was no concrete longer with Stabil paving Drill. Person on phone said concrete work (curbs/ buildings), and drains for yard were performed. Only two people were onsite doing work; does not remember utility work being erformed. 4 Oliver Joe Ommani New utilities Built roads,installed Estates and asphalt water/sewer lines,but Subdivision, roads, those facilities were Unit I sidewalks not inspected and approved yet. Utilities not known to connect to existing (live) sewers stem. 5 Bay Area James Dunn Asphalt No answer;left Hospital parking lot voicemail to return with drains phone call. 6 Agua Dulce Cisi Vasquez Driveways, No answer; left Berlana concrete voicemail to return Mr. Pablo G.Martinez,P.E.,C.P.M. Page 4 July 5,2018 Community gutters,curbs, phone call. Center paving 7 "Jay Carr" "Jay Carr" New parking No answer; left lot voicemail to return hone call. 8 CC Athletic Jerry Susser Concrete Most of the storm Club gutter, storm drain work was drain pipe with reported to have been unction boxes subcontracted out. 9 London ISD Vicki George Concrete Contact was not parking lot and available to speak drive with,but person spoke to said that they were not aware of any water/sewer utility work being erformed. Based upon the Statement of Experience project references, Abel's Paving and Construction, Inc., as an Organization, has primarily specialized in paving and flatwork projects, and has not completed at least five similar projects that are equal to or greater in size and magnitude within the last 5 years, as required in Article 2.06 of Section 0045 16. It is noted however, that for this work Abel's Paving & Construction is proposing a Project Manager and subcontractor with prior utility experience. Abel's Paving and Construction proposes Mr. Jose Elissetche as Project Manager, Superintendent, Safety Manager, and Quality Control Manager. Mr. Elissetche's resume indicates that he has 22 years of construction experience including facility construction and utility installations. Mr. Elissetche was formerly with the construction group of International Consulting Engineers and recently joined Abel's Paving and Construction in December 2017. Abel's Paving and Construction indicates that they propose to use International Consulting Engineers (ICE) as a subcontractor for "wastewater utilities." APAI contacted Abel's Paving and Construction for clarification on services that ICE would provide and whether they bring any relevant experience to the Abel's Paving and Construction team. Mr. Elissetche indicated that ICE has utility construction experience and would provide additional construction support with the service lines and the manhole adjustments. Abel's Paving and Construction's list of equipment, does not specifically indicate cleaning and televising inspection equipment, traffic control devices, or pumps (for sewer bypass operations). This work cannot be acceptably completed without this equipment. It is anticipated that Contractor would subcontract this work. Mr. Pablo G.Martinez,P.E.,C.P.M. Page 5 July 5,2018 The next lowest bid, submitted by RCM Constructors (RCM), is 7.4% higher than the apparent low bidder. RCM has been the Contractor on the City's Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program for several years, as evidenced in their information (Attachment 132). It is noted that RCM Constructors did not submit Statement of Experience forms included in Section 00 45 16,but instead submitted a listing of past projects with the City, including a listing of six (6) contracts since 2011 for wastewater service line repairs, clean-out installations, and manhole ring and cover adjustments. Summary and Recommendation Although Abel's Paving and Construction, as an organization, does not meet the minimum experience requirement of having completed at least five similar projects that are equal to or greater in size and magnitude within the last 5 years, APAI recommends that the City consider proceeding with award of the Utilities Service Line Repair and Clean Out Installation and Manhole Ring and Cover Adjustment Program, Project E17095 to Abel's Paving and Construction,based on the following: • The proposed Project Manager/Superintendent,Mr. Jose Elissetche and Subcontactor,International Consulting Engineers,both have prior relevant utility experience. • No unfavorable references or reports of unacceptable performance were provided by any of the references, and in fact,references indicated that Abel's Paving and Construction was responsive and conducted business with professionalism. • Although,the next lowest bidder(RCM)clearly has prior, specific experience,the project scope of work consists of routine,repetitive work and it would be anticipated that any difficulties or issues encountered by a new Contractor could be addressed early-on in the project and resolved for long-term project success. • Article 5 of Specification 00 30 00 allows the owner to reserve the right to waive any and all irregularities in determining the Bidder's responsibility or value, and whether the Bidder has met the minimum specific project experience requirements. If you have any questions about the bid evaluation or the project, please contact me at 361.356.8416 and mjimenezkgpaienv.com or Mr. Jesse Guerra at 210.510.1278 and ui errakgVaienv.com. We look forward to assisting the City with this important project. Very truly yours, ALAN PLUMMER ASSOCIATES,INC. pt_j�� ?�b� Mandel Jimenez,P.E. Senior Project Manager Mr. Pablo G.Martinez,P.E.,C.P.M. Page 6 July 5,2018 cc: Mr. Jesse Guerra,P.E., Senior Project Manager,APAI ATTACHMENT A TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES-CITY OF CORPUS CHRISTI,TEXAS TABULATED MARK GOODDOMER,ET By ALAN PLUMMER ABA" s ATE,INC. TIMEOFCOMPLETION 365 CALENDAR FALLS ENGINEERSESTIMATE $696606 wABTtwA7[e$[8V1c[s,c 11I101q 11-12016 scroser�m nl m��4ne se�viws � mo oburesc m pv Nm P """NU ROI ]1195 =11 BASE 810 1- y6q lX]8C0 w uq uq usem, ITENINOD UNIT Y. ON(MAX 51%1 p NIT $EXTENDED ANIOU NT I o S120000$ NIT EXT A120000 S 0 STENDED-BUNT UNDPIRCE o 568,56500$ ENDEADANIOUNT o$665,000 SSE o S o STE NDEDAMUNT A2 BONDS AND INSURANCE LS 1 36000000 S 401DD 00$2d06600$ D S 14TODO 00 8 14,88D DO $15]5000 S 15,75D 00$50000.00 8 BLOOD ED 3 31,Ill.S 3111;D 8 EDO,$ 212IN DO$ ED DO$ 212,500 DO 8 2 3 114EO DO $ 575 DO 8 143,75000 3 BEH DO$ MZW 00 8 79580 $ 3 i'l Do ED S SED DO 3 5D 00 $ D S BlO47 8 3,08235 8 820 DO S 4,100 DO 8 TS23 DO 8 Cl 11 ED 8 930 30 $ A5 AREMCNCLANENRETH-ACEADL4 PIPE FROM THE CLEANOUT TO LF 30DO g 14 00 3 42ODD ED $ 45 00 3 135DOU DO $ 41 3 0 $ 0 8 174TDUO DO$ TOO DO$ 324TOOD 00 $ D4 30 $ 2D2,1.ED A6 ARNVBNCLANENRGETH-lCEADL6 PIPE FROM THECLEANOUT TO LF 11 g TOO 00$ BID,. $ 0$ 450 00 8 64 96$ 3,248 00 8 71 DO 3 3JE DO$ 22400 8 11,2N 00 8 10350 $ Ell,DO S UD E BEN Al MEMOVE AN REPLACE ALL PI HE FROM TH E BEND TO THE $ 28 DID 8 15,AND 00 $ 30 00 3 11TO,DO 8 14 3 29,71990 $ 6D 00 $ 3620000 S 2M 00 $ 0 8 DO 11 3 51,12900 AN AD ANDREPIACEALL6 PIPEFROMTHEBENDTOTHE LF ID S 71 DO 8 4,10 U DO 8 iloo S 0 8 NO 72 3 4.18 3 2D DO DO$ 0$ 20900 3 1Z.O DO OR DO S 1,12D DO AN AN Al TRETCH SAFELYMEASURES LF III TO 01$ SDUI 00 $ 1 10 3 50D ol$ 620 $ 3,100 00 8 3TU 8 1.71D DO 8 1 DO $ 0 8 12D 3 Ty A10 ONE(J) EA 30 $ 900.0 S 27,000 DO S 500 00 S 15,000 00 $ 233]6] S 70,126 10 $2050.0$ 95,50000 S 2F86 DO S 65,660 DO$ 4,95645 $ 145,693 DID JOINT OF MAIN,MERE MAN DEPTH IS LESS THAI FIVE FEEL Ty A11 ONE 11) EA 3 8 900.0 S 2,]00 OD$ 500 00 S 1500 OD $ 2061 1 B S 8,58356 S 6,750 OD$ 16,250 00$ 3,638 DO$ 16916 DO$ 6,16].5 S 18,502 11 JOINT OF MAIN,MERE MAN DEPTH IS I'VETHO TEN FEEL Al2 ONE(11 EA 3 $ 900.0 S 2,]00 0 S 500 0 S 1500 0 $ 329939 S 9,69817 $5,650 DO$ 11,550 0$ 6,695 0$ 19,685 0$ 16]23.5$ 32,111 21 JOINT OF MAIN,MERE MAN DEPTH ISMERTEN FEEL A13 ADDITIOCAL MAIN LINE REVOVALANS REPLACEMENT LF 2DU $ 30 DO$ 6DOD DO $ 20 DO $ 4EUD 00 8 31 B7'0 00 8 o$ O S 0 8 0 $ A14 REMOVE AND REINSTALL EMSTING FEN E LF I'D $ D S 0 8 0 $ 0 8 6 3 0 $ 0 8 1225600 $ 40 DO 8 14,00D 00 8 6,00 S 24T 50 DO All SOD IF S 10 DO$ 4.10D. S 5 DO $ 2,251 DO S 120 $ 2,791 DO S 0 8 0 8 5 DO S 2,21D ED 8 41 4D $ TO-Do RK(EG:D LKS)REPAIR A16 HCI TV STANDARD-SAND IF 900 S 6.5 $ 6,075 00 $ 20.0 S 18,000 0$ 1].6 S 15,626 OU S 12.0 S 11250 00 S 16.0 $ 16,600 ED S 51.5 S 66,575 00 SPECIFICATIONS All CLII=CHTT�ESLEVNI�ONP�OLNE ION(SEE LF 1.0 S 70D $ 11,200 DO 8 50D 8 S.D DO 8 TDID B29,76000 8 5 $ 2520600 $ 0 8 0 8 0 3 D'EU DO ATO ENT 1. S 0 $ O $ O S o 8 22R OD 3 22 .00 $ 0$ 0 3 0$ 0 8 o S 5T E DO All ALT(HMAC)PAVEMENT R PE REP6LACEMEIBT BY ED $ 2311 8 0 $ DO 00 $ 0 $ 111 E S ED.D DO $ 0 8 S2,750 00 $ 95 DO $ 3325600 $ 51455 $ 20CH92 50 S 400 00 $ 0 $ 100 00 3 2DO 00 8 0 $ DE 00 $ 1 Do $ 2 00 8 ED DO$ COO 00 8 Z221 DO S 4L-I0 ART INSTALLATI ON OF DRI-CLEAN OUT COST 1 11 S 50 D 00 3 750000$ 0 3 DID 0 00 $ 419 33 3 6,29995 8 165 DO$ 2,47500$ E2 DO S 1023680 8 El 40 S A22 ANS AND SPECIFICATIONS,CON NECTING AT THE EA 5 S 900 00$ 6,500 DO$ 200 00 S 1000 00 $ 1]20 11 8 8,600 E 8 2,500 DO$ 12100 DO S 1,021 01 S 5,111111 8 391.0 S 1955 MATHOLE .3 CJRNAND GUTTER REP-EMENT LF 2D S 31 01 $ O S 1110 3 2DO 11$ 4340 S ED 00 $ 4DD1 S DID 10 8 35 00 3 70D 01 $ 111 H 3 22]].00 A2aTRAFFIC CONTROL PLANS 1 1 6 0 3 o S O S 1 0 0$ 0 8 O $ 0 8 2 O S 0 8 1 0 0$ 0 S 0 0 $ 0 SUS TOTAL PA RTA ITEMS AI-A?e= $ $ 465,985000 $ 462,30000 $ 573,162.06 $ 664,392.00 $ 1,059,32200 $ 1,316,9]2]0 24 WASTE TER LE RING ADD COVER ADJUSTMENTS WAIT WAIT GLUDNGLUDNGLUDNGLUDNGLUDNGLUDNGLUDNGLUDN GLUDN B1 TEEL EA 150 $130DOO S 195,000 00 S 1600 0 0$ 260000 DO S 1]0622 S 256,233 DO S 1500 DO S 225000 DE 8 T-DO S 269,700 DO$ 4LE2 5 8 709,837 BTORBTORBTORSTOBTOR BTOR 30 WA`TEWATERMANHOLE RING _OMER ADJUSTMENTS B2 INCLUDES NEWMANHOLERNG TEELTH EA 10 $1500.0$ 15,000 0$ 1650 0$ 16,500 DO 8 1966.5 1 19.48950 8 1650.0$ 16,500 DO 1 1,923 DO 8 19,230 DO 8 5375 00 S 51]50 DO S M 00 3 TED 00 3 O S 5.10 ill So S 558600 8 Eloo S 3ZE DO$ 11 U DO 8 0 8 M3 00 S 47,15D 00 E4 $3,7500$ 7,50D 00 S 1,000 0 0 3 0 $ 0 3 O $1 O$ 0 S 1 0 o S 0 8 0 3 I EDOF SUS TOTAL PARTBITEMS B I-B4= $ $ 219300.00 $ 25900000 $ 281983.50 $ 24]900.00 $ 298076.00 1$ 818)3)050 S STIR M WATER MAN IT OL RI NO ANN GOVER ADJ JBIWENT S, ST MWT OL CONCRETE HEIGHT ADJUSTMENT RINGS AND CONCRETE ClLU WM LU WM NG LU DIIINGNEWMANHO E RING AND COVER ASSEMBLY WITH EA 56 8 962.o $ 53,87O$ 1400 O S ]8400 O $ 1561 O S e8536 O S 1050 0$ 58600 0 8 1132 0$ 80392 0 3 6,255.0 S 238280 DO NEWCOLLAR S 36 DO$ TDOO DO 8 TDOO $ Do DO $ ill So $ 0 $ O S 0 3 110 DO 8 5A.DO $ o S 47,15D DO S 3 0$ O$ 1 0 3 0 8 0 $ 0 $1 O$ 0 S 1 0 8 0$ 0 $C3 SUB TOTAL PA RT C(/TEMS CI-C3)= $ $ 59,422500 0 $ ]9900000 $ 94457.00 $ 63,625.00 0 $ 87,515.00 $ 290,430000 DI PATER WASTEWATER&STORM $20,00600 S O S 20,00600 S 0 $ 0 S 820 0 ,00000 S 0 $20,00000 8 O S 0 S WA R MPROVE TO SUB TOTAL PA RT D REM D1= $ $ 20000000 $ 20000000$ 20000000 $ 20000.00 $ 20000000 $ 2000000 00 TOTAL(PARMA THRUD)= $ $ ]64,]0].00 $ 821,200.00 $ 969,602.56 $ 995,91].00 $ 1,464,913.00 $ 2,446,140.20 ATTACHMENT B1 Abel's Paving&Construction,Inc. 1442 Cliff Maus Drive Corpus Christi,TX 78405 361-852-1194 j June 15, 2018 Alan Plummer Associates Inc Maridel R.Jimenez,PE 5934 S Staples Suite 220 Corpus Christi,Tx 78413 RE: City of Corpus Christi Wastewater Services,Cleanouts,and Manhole Adjustments IDIQ Program 2018 Project E17095 Ms. Jimenez, As requested of the 3 Low Bidders, we would like to submit the following: Statement of Experience Resumes for Key Personnel Experience Modification Ratio—Past 5 years List of Equipment Subcontractor—Certifications and Experience Modification Ratio Please let me know if there is anything else we can do for you. Sincerely, C this P. Garza Office Manager Table 1—Organization Information Organization doing business as: I Abel's Paving&Construction Inc Business Address of Principal Office 1442 Cliff Maus Dr Corpus Christi,TX 78405 Telephone No. 361-852-1194 Website Form of Business(check one) ®Cor oration ❑Partnershin ❑ Individual IfaCorpo tion State of Incorporation Texas Date of Incorporation 09/22/2004 Chief Executive Officer's Name Abel Garza Jr President's Name Abel Garza Jr Cynthia P Garza Vice President's Name(s) Secretary's Name Abel Garza Jr Treasurer's Name .If alarm rsFitp .",� Date of Organization N/A Form of Partnershi : ❑General ❑ Limited If an individual Name N/A Owgership of O.rganizatlp List of companies,firms,or organizations that own any part of the organization. Names of Companies,Firms,or Organizations Percent Ownership N/A Orgartizetion Histo�1 List of names that this organization currently,has,or anticipates operating under Including the names of related companies presently doing business. Names of Organizations From Date To Date Abel's Paving&Construction Inc 09/22/2004 Indicators of Organizatio�i$Ize Average number of current full-time employees 12 Average estimate of revenue for the current year 4.5 million Statement of Experience 004516-5 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 06-22-2016 Table 1—Organization Information Organization doing business as: I Abel's Paving&Construction Inc Previous HistaN WJ*City of Carpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 Pepper Lawson-O.N.S.WTP HS Pump Building#3 2018 2 Barcom-Police Vehicle impound Yard&Garage 2018 3 Gourley-Bear Creek Hike&Bike Project E12116 2016 4 City of Corpus Christi-Various Projects 2015-2018 5 Residential Traffic E15088-Speed Hums 12015 Construction Site Safety uperience Provide Bidders Experience Modification Ratio(EMR)History for the last 3 years. Provide documentation of the FMR. Year 12015 1 EMR 1.90 1 Year 12016 1 EMR 1.87 1 Year 12017 1 EMR 1.88 Previous Bidding and Construction,Uliefidoce. Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. No Has Bidder or a predecessor organization been involved In claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. No Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim,the amount and basis for the lien or claim,and an explanation of why the lien has not been released or that the claim has not been paid if yes. No Statement of Experience 004516-6 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 06-22-2016 Table 2—Project Information Organization doing business as: I Abel's Paving&Consttruction Inc proposed:Proj'ectOrgapizaon., ...Z�W T., Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager,Superintendent, SafetyManager and Quality Control Manager. Position Primary Alternate Project Manager Jose Elissetche Abel Garza Jr Superintendent Jose Elissetche Abel Garza Jr Safety Manager Jose Elissetche Abel Garza Jr Quality Control Manager Jose Elissetche Abel Garza Jr Divisionlof yto Abe ween a dderit Pre sed Subcontractor and suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Estimated Percentage Work of Contract Price Wastewater Utilities Abel's Paving&Construction Inc 55% Wastewater Materials Ferguson Enterprises 3 Wastewater Utilities International Consulting Engineers 15% FSubcantractor,Coristruction Site SafetyExperience Provide Experience Modification Ratio(EMR)History for the last 3 years for Subcontractors that will provide Work valued at 75%or more of the Contract Price. Provide documentation of the EMR. Subcontractor Year 2018 EMR .92 Year 2017 EMR 11.00 1 Year 12016 1 EMR 11.00 Subcontractor Year EMR Year EMR Year EMR Statement of Experience 004S16-7 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E27095 06-22-2016 Table 3--Projects Awarded during the Last 5 Years Organization doing business as: I Abel's Pavin &Construction Inc Protect Information Project AEP-Gulf Coast Racing Asphalt drives,sealcoat,repairs Name Description efe a ceCoritact Information Project Owner AEP Name/Title Abraham Figueroa/Facility Project Coordinator Telephone 361-881-5485 Email afigueroa@aep.com Project Designer Project Budget and Performance Original Final Contract #Contract #Days Contract Price $733,717.50 Price $733,717.50 Days 60 Late Issues/Claims/ Litigation: Prosect Information Project Lake Placid Subdivision Description Curb&Gutter,limestone base and Hot mix Type D Name I I I for as phalt roads Refe ence Contact Infolmation Project Owner LKM Homes Name/Title ikulencak/Developer Telephone 361-215-9993 Email mikulencak9@aol.com Project Designer Project Budget andCPLerforrnagce Original $362 Final Contract #Contract #Days Contract Price $362,920.00 Price ,920.00 Days 180 Late Issues/Claims/ Litigation: prosect Information Project Stabil Drill 4 acres of concrete paving Name Description eference Contact In of rmation Project Owner Stabil Drill Name/Title Chip Olds Telephone 361-883-7966 Email chi a@stabildrill.corn Project Designer Praject Budgetan'dr erfo mance Original __ $921 Final Contract #Contract 90 #Days Contract Price $921,806.40 Price ,806.40 Days Late Issues/Claims/ Litigation: Statement of Experience 004516-8 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: I Abel's Paving&Construction Inc P_rAct information Project Oliver Estates Subdivision Unit 1 Description New utilities and asphalt roads,sidewalks for new Name I I I subdivision Reference Contact Information Project Owner Oliver Development&Construction LLC Name/Title Joe Ommani/Developer Telephone 361-343-1593 1 Email joeomanni@yahoo.com Project Designer Bass&Welsh Engineering Pro ect Budge and Performance Original Final Contract #Contract 240 #Days Contract Price $796,478.85 Price $796,478.85 Days Late Issues/Claims/ Litigation: Pro ect_Information Project Bay Area Hospital New asphalt parking of with rains y C anter Center Name Description Referent Contact nation, Project Owner CC Medical Center Name/Title James Dunn Telephone 361-877-4047 1 Email ames.dunn@hcahealthcare.com Project Designer Pco ect Budget and PerfogM4nce Original $12890 Final Contract #Contract #Days Contract Price $128,0OO.OD Price ,000.00 Days Late issues/Claims/ Litigation: Protect hiformatio Project Agua Dulce Berlanga Community �!eways, Ctr Description concrete gutters,curbs, paving Name Refe ence Contact Info ation Project Owner Gourley Contracting Name/Title Cisi Vasquez Telephone 361-774-1826 Email cvasquez@gourleycontracting.com Project Designer Project Budget and Performance Original I I Final Contract #Contract #Days Statement of Experience 004516-9 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 06-22-2016 Contract Price $107,618.75 1 Price 1$107,618.75 1 Days 1120 1 Late Issues/Claims/ Litigation: Statement of Experience 00 45 16-10 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 05-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Abel's Paving&Construction Inc 'Pro ect Informat'on7 Project Jay Carr Create new parking lot Name Description !' ce Co to nformation Project Owner Jay Carr Name/Title Jay Carr Telephone 361-960-2903 Email icarr@stx.rr.com Project Designer .�---rte� �. Psoject Bndgetrand Perfor�rr arAce Original $39,117.00 Final Contract $39,117.00 #Contract 60 #Days Contract Price Price Days Late Issues/Claims/ Litigation: Pro ect.Information Project CC Athletic Club Mill,cement stabilize,Hot Mix Type D,concrete gutter, Name Description HDPE Storm drain pipe with junction boxes Reegnce,Cotact Information Project Owner Susser Holdings Name/Title Jerry Susser/Owner Telephone 361-883-6011 1 Email jlsusser@susser.us Project Designer Project Budget and PerforMance Original $475,000.00 Final Contract $475,000.00 240#Contract #Days Contract Price Price Days Late Issues/Claims/ Litigation: Pro ect lnformat on Project London ISD Description Concrete parking lot and drive Name Referenice.,Contact'iforttlatio , Project Owner London i5D Name/Title Vicki Geor ite Telephone 361-855-0183 Email vgeorge@londonisd.net Project Designer Project Budgetrand Performance. Original $83023 45 Final Contract #Contract #Days Contract Price $83,023.75 Price , .75 Das Late Issues/Claims/ Statement of Experience 00 45 16-11 WASTEWATER SERVICES,CLEANOUT5,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 06-22-2016 Litigation: Table 4—Safety Record Questionnaire and Statement of Bidder's Safety Experience Organization doing business as: I Abel's Paving&Construction Inc Bidders Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five(5)years?List Citations below (date and location of Citation)and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense,if any,and the penalty assessed. No Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five(5)years?List Citations below(date and location of Citation)and provide full details in a separate attachment If yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, If any,and the penalty assessed. No Has the Bidder,within the past ten(10)years,been convicted of a criminal offense or been subject to a judgment for a negligent act or omission,which resulted in serious bodily injury or death?List convictions or judgments below and provide full details in a separate attachment if yes. No The Owner will const r'the follow 'informatiop as additionaisupport to make a Bete ination as to the responsibility of the.Bidder:The Bidder must answer the following questions nd provevidence that it meets mmiinimurn OSHA co-rt*uction safefy standards and has a.lost time injury rate that does not exceed the R"lits established below: 1 Does the Bidder have a written construction safety program? is Yes o No 2 Does the Bidder conduct regular construction site safety inspections? m Yes o No 3 Does the Bidder have an active construction safety training program? 4➢Yes o No 4 Does the Bidder,or affected subcontractor,have competent persons in the following areas(as applicable to the scope of the current Project): A. Scaffolding o Yes n No m N/A B. Excavation ig Yes r,' No o N/A Statement of Experience 00 45 16-12 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 06-22-2016 C. Cranes&Hoists a Yes 4 No a N/A D. Electrical ® Yes o No ,:3 N/A Statement of Experience 004516-1.3 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 06-22-2016 Table 4—Safety Record Questionnaire and Statement of Bidders Safety Experience Organization doing business as: I Abel's Paving&Construction Inc E. Fall Protection M Yes No ❑ N/A F. Confined Spaces m Yes ❑ No ❑ N/A G. Material Handling m Yes ❑ No ❑ N/A H. Demolition is Yes ❑ No ❑ N/A I. Steel Erection r Yes m No ❑ N/A J. Underground Construction is Yes ❑ No ❑ N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification 5 System("NAICS")Category 23 for each of the past five(5)years?Provide the n Yes N No Bidder's OSHA 300 and 300A logs for the past five(5)years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less?Provide the 6 Bidders NCCI workers'compensation experience rating sheets for the past five(5) as Yes -.I No years in a separate attachment. Has the Bidder had any OSHA inspections within the past six(6)months?Provide 7 documentation showing the nature of the inspection,the findings,and the o Yes tx No magnitude of the issues in a separate attachment if yes. Statement of Experience 00 45 16-14 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS 1DIQ PROGRAM 2018 PN E17095 06-22-2016 Table S—Demonstrated Minority,MBE,DBE Participation Organization doing business as I Abel's Paving&Construction Inc P,roject'Subcontractors aqd Suppliers "'17 fTIA Provide a list of anticipated Minority,MBE,DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority/MBE/DBE Participation Policy Name Work to be Provided Estimated%of Contract Price FR rguson-Enterp rises Materials 30% International Consulting Engineers Wastewater Utilities 15% Statement of Experience 00 45 16-15 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E1709S 06-22-2016 ARTICLE 5—CERTIFICATION 5.01 By submitting this Statement of Experience and related information,Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of Individual's authority to bind the organization to an agreement. Bidder: Abel's Ravi0i;�CdL�lf�nstr inn Inc Raving W ltypedorprintedJ By: ( dividual1;signature) Name: Abel Garza Jr (typed or printed) Title: President (typed or printed) Designated Representative: Name: Jose Elissetche Title: Protect Manager Address: 1442 Cliff Maus Dr Corpus Christi TX 78405 Telephone No.: 361476-8774 Email: joe.abelsapving@gmail.com END OF SECTION Statement of Experience 00 45 16-16 WASTEWATER SERVICES,CLEANOUTS,AND MANHOLE ADJUSTMENTS IDIQ PROGRAM 2018 PN E17095 06-22-2016 Abel Garza Jr. President/GM Directs and manages the activities to maximize profits,while representing and leveraging Abel's Paving&Construction,Inc. Primary responsibility is to provide leadership and oversight for project management and field installation,including accountability for the P&L.As the General Manager,he is the liaison supporting the areas of Finance and Human Resources. Responsibilities as President/GM for Abel's Paving&Construction,Inc. • Oversee key sub-contractors,construction-associated consultants, and vendors to ensure conformance with contracts. • Manages construction team of Superintendents and administrative professionals by providing leadership, direction and advice to ensure efficient delivery of services and completion of projects. Communicates priorities, provides guidance, evaluates performance, clarifies issues, identifies solutions,communicates needs to the team, and provides follow up as necessary. • Meet with architects,engineers and consultants to establish project requirements, specifications and schedules, • Develop project budgets. • Prepare project budget reports. including cash flows for approval. • Prepare or delegation creation of project presentations to articulate proposals and planned project logistics. • Develop, monitor and maintain construction work schedule. • Ensure in the coordination, development and approval of architectural and engineering construction drawings with respect to budget,schedule and constructability. • Ensure that bid documents and review contracts encompass the complete scope coverage, • Ensure projects are documented and attend project meetings as necessary to move projects along. • Inspect projects to ensure all work is performed to contract design specifications and in accordance with Brookfield's safety standards. • Track hard and soft cost expenditures against project budgets and contracts; Review and evaluate change orders and claims. • Interface with regulatory agencies and project stakeholders to secure necessary approvals. • Ensure all projects are completed within project budget and schedule. • Serve as liaison with tenants and their design and construction teams when necessary. • Excellent attention to detail, proven analytical ability. • Strong communication skills and demonstrated ability to maintain successful business relations • Proven record of providing excellent internal and external customer service • Strong organizational skills with ability to manage multiple projects simultaneously • Ability to comprehend, analyze and interpret complex business documents. • Ability to respond effectively to the most sensitive issues. JOE ELISSETCHE SENIOR CONSTRUCTION SUPERINTENDENT/SITE SAFETY HEALTH OFFICER Mr. Elissetche has a vast amount of construction experience, in the private, municipal,and federal sector as superintendent and construction manager. He has over twenty two (22) years of experience in contract management, construction, and construction oversight. His experience includes facilities construction, installation of waterlines,sanitary,storm &sewer lines,construction management Education University of Texas-Pan American Financial Administrator,Edinburg,Texas,May 1993 I Certification OSHA 30-Hour Construction Training Course KCS Railway Safety through Awareness and Responsibility KCS Railway On-Track Safety (OTS) and Roadway Worker Rules KCS Railway Maintenance of Way General Orders Key Representative Projects Project Title:Refrigerated Storage Warehouse Dismantling and Reconstruction: Port of Corpus Christi,TX/Puerto de Santa Marta,Colombia,South America Year Performed:2015-2016(Reconstruction in Colombia late 2016) specific Role:Construction safety officer and manager,other responsibilities and duties included inspection support for dismantling a 97,420SF Refrigerated Storage Warehouse located at the Port of Corpus Christi,TX for shipping and reconstruction at the facility at the Puerto de Santa Marta,Colombia,South America.Additional responsibilities included monitoring subcontractor dismantling,review of inventory packing of all structural elements,and review of contractors pay applications,preparing daily reports.The project was completed successfully with no accidents. Project Title:Matiana Ortiz Sanitary Sewer Improvements:Robstown,Texas Year Performed:2015-2016 Specific Role:Construction Inspector responsible for ICE's construction phase services for the sanitary sewer Improvements project in Robstown,Texas.The project,funded by the Clean Water State Revolving Fund project Included the replacement of sanitary sewer lines and manholes along Matiana Ortiz Boulevard. Project Title:New City Hall:Robstown Texas Year Performed:2015 Specific Role:Construction Inspector and safety compliance responsible for oversight for the City's new 17,500 sq. ft.City Hall facility.Prepared daily activities reports,attend daily job briefings;ensure safety procedures were followed by the contractor and its subcontractors.The project was completed successfully,no accidents reported. Project Title PPC-APHIS Warehouse Renovation,Edinburg,TX Year Performed:2014-2015 Specific Rale:Construction Inspection/Safety Compliance The project consists of renovating an existing 20,000 square foot warehouse to provide hvac for inspection and storage operations.Renovations included a new air conditioning system for the southeast portion of the building, new louver,two large ceiling fans, divider walls,modification of the existing sprinkler and fire alarm systems,new roof/wall insulation,(4)mandoors,(4)overhead doors,three new SOkVa electric al transformers,wood framing an d painting,and steel bollards.Mr.Elissetche served as construction inspector and safety compliance officer Project Title KCS San Diego New Rail Siding Project:San Diego,Texas Year Performed:2013-2014 Specific Role:Construction Inspector responsible for oversight of a new 10,000 ft.track siding for Kansas City Southern in San Diego Texas.The project consisted of construction compliance of all construction plans including grading and track plans,construction management and coordination of utilities and adjacent landowners, construction inspections.Mr.Elissetche provided assistance and coordination between KCS,local entities, landowners,and contractors.Strict safety measures were followed and implemented. Project Title.:City of Robstown's EDA Water Line and Stormwater Improvements Year Performed:2012-2013 Specific Role:Construction Inspector responsible for overseeing the expansion of the City's existing water system for the southwest portion of the Robstown area,provided through an EDA grant.This project provided Fire Protection to an area of the City which previously was unprotected.Additional responsibilities Included to ensure that construction plans were followed during the construction process and to identify any safety issues within the project. Project Title Hidalgo County Drainage District No.1/USIBWC's Rio Grande River Levee Improvement and DHS Border Fence,Hidalgo County,TX Year Performed:2011 Specific Role:Construction Inspector and part of the safety team responsible for the construction oversight for 37 miles of USIBWC Rio Grande River and floodway levees.The project included hydraulic and geotechnical analyses, 20 miles of concrete structure combining raising the levee with the DHS/CBP Border Wall,planning,engineering, data gathering,final design, preparation of PS&E documents and inspection services to raise the levees from one (1)foot to six(6)feet in height to meet FEMA requirements for levee certification and construction an 18-foot levee/tactical wall to meet DHS requirements.Mr.Elissetche was part of a team of 4 safety inspectors for this project. Project Title:Hidalgo County Drainage District No.1:Levee Improvements Year Performed:2010-2011 Specific Role:Project Safety Compliance Coordinator/Construction Inspection Mr.Elissetche performed project coordination and safety compliance inspections for Hidalgo Country Drainage District#1 Levee Improvements. Project consists of levee improvements to existing flood control structure in order to obtain certification by the International Boundary Waters Commission(IBWC)and the Federal Emergency Management Agency(FEMA). Improvements consist of building-up approximately 17 miles of existing levees to obtain adequate freeboard and provide suitable level of protection.The improvements were consistent with the U.S.Army Corps of Engineers:Design and Construction of Levees Engineering and Design Manual. Mr.Elissetche was part of a multi-company team. Project Title:USDA New Aircraft Repair Facility at Moore Airbase:Edinburg,TX Year Performed:2010 Specific Role:Construction Manager responsible for managing AE designs,safety,and construction oversight for a 20,000 SF facility used for maintenance and repair of aircraft.It also Included 2,500 SF of office space.The project Included construction oversight,OA/QC of a multi-disciplined design team which included architectural,structural, civil,mechanical,electrical,plumbing,geotechnical and fire protection engineering.Utilities were brought to the site,electrical transformers had to be upgraded to handle additional loads,topographic surveys,cost estimating, scheduling, NEPA compliance,landscaping,storm water and pollution prevention plans were followed for compliance. Cynthia P. Garza Vice President/Office Manager Cynthia has extensive experience in contracts,payroll, accounts payable,accounts receivable,and office administration. Cynthia is a team player with strong people skills,excellent organizational abilities and business experience to benefit Abel's Paving&Construction,Inc. Responsibilities as Office Manager for Abel's Paving&Construction,Inc. • Assist in maintaining accurate and up to date Construction Schedules with input from Field Staff • Write correspondence with Owners,Subcontractors,Vendors,and others regarding construction documents and coordination of work. • Assist in preparation and coordination of Owner requested Change Orders • Insure that Plans and specifications are properly Distributed • Maintain specifications and plans are current with changes • Coordinate Subcontractor Agreements,Purchase Orders, and Change Orders as required. • Maintain Subcontractor Documents • Maintain Subcontractor list • Type and distribute meeting minutes • Assist in preparation and distribution of plans,bid packages,scopes of work,change orders,etc.to Subcontractors and Suppliers • Type and Distribute Weekly Client updates from Construction Staff • Assist with Project schedule updates on Construction Software • Ensure all Construction documents are up to date and uploaded to Construction Software • Coordinate Warranty service for Clients with Subcontractors and Vendors • Maintain Equipment Rental logs • Fill in for,or act as receptionist greeting customers and answering calls attain successful business relations WORKERS COMPENSATION EXPERIENCE RATING / Risk Name:ABED PAVING AND CONSTRUCTION CO INC Risk ID: 421054975 • Rating Effective Date:11/30/2017 Production Date:06/20/2017 State: TEXAS We lK lup f . � #}1 t EXC Low; 0111TI if 'Ikat•I((p�,psW A air L4i; ;w I ( , Tx .06 5,841 9,594 %7451 01 24,7501 0 b (rYIEjI? MAdfta (d fait (M i'uc (I�Ad Prbl i }:eea€a'a(D-E1 �ioafses(?d,t3 trpxaea ls40*- .0 5,84 9,5941 3,745 0 24,750 0 tx V1111111114 tblll3it14]vilti I t E*wg-e I&P111111111, {I) C'(1 -A)+G (A)'(F) (J) Actual 0 30,248 0 30,248 (E) C'(1-A)+G (A) (C) (in Expected 3,745 30,248 351 34,344 _ AMP r , , FactorsJ, —1 ' 88 Carrier: 29939-000 Policy: 0001206873 Eff-Date: 11/30/2016 Exp-Data: 11/30/2017 O Copyright 1993.2017,All rots reserved.This product Is comprised of compilations and information whkh aro the proprietary and exclusive properly of On National Council on Compensation insurance,Inc.(NCCI).No further use,dissemination,Bale,transfer,assiprmem lir d*=rJtlan of this product,in whole or in part,may be made without the prlor writhm consent of NCCI.This product is himished"As ts"-As available"'Yft all defect"and kclddes iMarmatlon available at the time of publication only. NCCI makes no representations or wefrerdles of any kind relating to the product and hereby expressly disdains any and all express,statutory or impled warranon,hckd q the"led Warranty of me d antaNddy,fitness for a particular purpose,accurwy,mss,wnerdness,or comectness of any information or product hrmished hereunder.AN respons ANy,for the use of and for any"all result dedved or obtalned through the use of the product are the and user's and NCCI shad not have any W14 ameto. V-Page 1of2 WORKERS COMPENSATION EXPERIENCE RATING J Risk Name:ABELS PAVING AND CONSTRUCTION CO INC Risk ID: 421054975 • Rating Effective Date:11/3012017 Production Date: 06/20!2417 State: TEXAS 42-TEXAS Firm ID: Finn Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier. 29939 Policy No. 0001206873 Eff Date: 11!3012013 Exp Date: 11130!2014 5220 1..55 .39 191,342 21968 1,157 8809 .D5 .34 78,8$1 39 13 8810 .05 .37 60,231 30 _ 11 [Subject Total Act Inc Policy Total: 330,454Premlum: 12,313 Losses: 0 42-TEXAS Firm ID: Firm Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier: 29939 Policy No. D001206873 Eff Date: 11/3012014 Exp Date: 11/30/2015 6tii99 b6 i P Abft l . . I tt Lam. 5200 1.58 .40 37,978 600 240 5220 1.55 .39 181,042 2,806 1,094 8809 .05 .34 96,150 48 16 Selo , .05 .37 70,055 35 13 Subject Total Ac!Inc EPOII�y Total: 385,22 Premium: 14,641 Losses: 0 42-TEXAS Firm ID: Firm Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier. 29939 Policy No. 0001206873 Eff Date: 11/30/2015 Exp Date: 11!3012016 F} I; Sl #ftp t7slq+SOO } 4W DO 5200 1,581 .40 4,800 76 30 5220 1.55 .39 147,275 2,283 890 8809 .05 .34 100,000 50 17 8810 1 .05 .37 67,223 34 13 90141 1.113 .401 60,13111 627 251 SubJect Total Act Inc Policy Total: 380,20 Premlum: 14,870 Losses: 0 ®Copyright 1945.2017,AN rW a rawra d.This product is comprised of compiWian and Information which we the proprietary and eakaive property of the Nada nd Courts on Compensation Insurance,kw.(NW) No lurther use.dissemination,oak transfer.asslpnnetd or dlspoeldorn of this product.-n whole or In WL may be made whhout the prior sudden oament of WCCL This praducl is furtdshad Az im-'As available'-Whh d defects'and Includes Information availado at tha kms of pub8raean trey NCCI malras na representalbns or warrarrues of any Idrd relating to the product and hereby a+premsly diselahrrs any and eh exrne.statutory or implied wanantles,lr d ng Ota kroad warranty of marches aEGlry./chess for a pardcuW purpose accuracy,romisetaness,autati ms,or cateclness of any information or product furnished hereunder AN respattab@Iy for the use of and for any and all resub derived or obtained through the use of dna product are the and useeB and NCCI shell not have any MW try thereto. 'Total by Policy Year of all cams Z2f)dfl or less. D Dlseasa Ise X Ex-MedkW Coverage U USLBHW C Calmkoptdc Lose E Employers Llabirdy Foss 0 UmYted Lose v-Page 2osz WORKERS COMPENSATION EXPERIENCE RATING N Risk Name:ABELS PAVING AND CONSTRUCTION CO INC Risk ID: 421054975 • Rating Effective Date:1113012016 Production Date:06/21/2016 State: TEXAS 31�e YYt � i WNWJ�o AS7#�t�s�ssesy l8afa$t Actf��� l.ur # Tx O6 5,824 9,704 31880 01 23;750 0 0 (+4) B t _ (a}tId (E� ( Aaiate 1 ti},Aat:i?r#�sl n V-A,. h I kae�ea 0 5,824 9,7 3,680 Q 23,750j.. 3,750 0 0 13+ 1i i , ' ali ng alt> Rak lel p TWO (i) C"(1 -A)+G (A) (F) (J) Actual 0 29,225 0 29,225 (E) C-(1-A)+G (A)'(C) (K) Expected 3,880 29,225 349 33,454 It , wow Factors .87 Carrier: 29939-000 Policy: 00012068873 Eft-Date: 11/3012015 Exp-Date: 11/30/2016 m Copyright ign2Ot8,AN Nhts reserved.This product Is comprised of completions and Information which aro the pmpdetery end eudusive property of the Nalb-W Coundt an Compensation Inwrance,Ota(NCCI) No further use,dlsaamination,sale,Imnaher,assignment or dlsposltlan al Wit product,In whole or In pan,maybe made without the prlar wdmn torment of NCCI.This produci is furnished•As is'•Aa avallalar" IIh ell dalecW and IrckWas Inlormalon avalWk at the time of publication ody NCCI maim no representations or wwmr*ea of any hind relating to the product end hereby expressly disdaims any and all express,statulory or Implied wananles,including the implied warranty of merchanlablltyp rdness fore part cular purpose.araaaaey,completeness,urwmAness,or con-new of any Information or product fumished hereunder.AN responsUiy tuft use ah and for arty end all resub derived or oblalmW thwWh the use of the product are the and users and NCCI shell rrol have cry liability thereto V•Page 1 o12 WORKERS COMPENSATION EXPERIENCE RATING IV[� Risk Name:ABELS PAVING AND CONSTRUCTION CO INC Risk ID: 421054975 Rating Enactive Date:11130/2016 Production Date:06/21/2016 State: TEXAS 42-TEXAS Firm ID: Firm Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier: 29939 Policy No. 0001206873 En Date: 11/3012012 Exp Date: 11/30/2013 1 Via bpi .5200 1.69' .41 11,412 133 79 5220 1.64 .40 154,354 2,531 1,012 8809 .06 .35 44.322 271 9 8610 .06 .39 35,003 21 L81 Subject Total Act Inc Policy Total: 245,091 premium: 13,201 Losses: 0 42-TEXAS Firm ID: Firer Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier: 29939 Policy No. 0001206873 En Date: 11/30/2013 Exp Date: 11/3012014 too.; 150i'l . . 7lyate 1.1 Aa* 5220 1.64 .401 191,342 3,138 1,255' 8809 .06 .35 78,881 47 16 8810 .08 .391 60,231 36 14 Subject Total Act Inc Policy Total: 330,454 Premium: 12,313 Losses: 0 42-TEXAS Firm ID: Firm Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier: 29939 Policy No. 0001206873 En Date: 11/30/2014 Exp Date: 11/30/2015 ode i. �Lid�l Molts 5200 1.69 .41 37.976 642 263 5220 1.64 .4D 181,042 2,969 1,188 8809 .06 .35 96.150 58 20 188101 .06 .391 70.0551 42 16 Subject Total Act Inc Policy Total: 386, Premlum: 14,641 Lasses: O ®Copydght 19932016.All rights reserved.This product Is mmprhed of compllatlens and Information which am the Woprietary end ewAnive property of the National Council on Compensal mn latrans.hr-MCCI►,No further use.dsteaw atlen.&ale WuWer,easignnent or disposition of Ift product.in whole or In part,may be made wtlhcut the prior written consort at NCCL This product Is krmished"As is'-As avaitabW'Mlh ag defecW acct nGudes Information avellable at the time of publicallon ady NCCI malws no repmsamatlms or warrantin of arty bind misting to the product and hereby expressly disclaims any and ail express,statutory a iffOod wanarwes,irckding the Impsed warranty of warchardaMq.fihms for a pafbmW purpose.accuracy.completeness,wrremnest,or owedneta Of any Informatlon or product hanlshed hersurder-AN respmsbAity,for the use of and for any and all"sults derived or mbbd rod though the use of the product am the and users and NCGI shall not have arty gabilllyr thereto. .Total by Policy Year of as cake S2wo or lass. 0 Disease Lasa X Ex4Aedhm Coverage U USLaHW C Catastr*k Loss E Employers Uability Loss R Umtted Lose V-Page 2af2 WORKERS COMPENSATION EXPERIENCE RATING Risk Name:ABELS PAVING AND CONSTRUCTION CO INC Risk ID: 421054975 • Rating Effective Date.,11/3012015 Production Date: 08/1912015 State: TEXAS ` 16Et EjF(i no i?rlia Ar*tF,p W* � .laid l cla t. L9314rrs Tx 05 4,2Tlj 7,116-11 2,845 0 23,000 0 RO Wit: (W lbkpbbW ( }!xp RA �} Favi 1<taas _ham - 0 4,2711 7,111 2,845 IDI 23,000 0 0 (i) C•(1-A)+G (A)•(F) (�) Actual 0 27,057 0 27,057 (E) C•(i-A)+G (A) (C) (K) Exceed 2,845 27,057 214 30,116 Factors 90 Carrier. 29939-000 Policy: 0001206873 Eff-Date: 11130/2014 Exp-Date: 11/3012015 O Copyright 19932/15,Al rights reserved.Thla pred is cm p tW d canpadom and Information whldr are the pwatirY and eukishre RcWy d the National Camdl an Campanaatla+lmtranee.Ix.(NOCI} No turMer rm,dlasrdnatlon,sale,aamior sas{ wwd or difposltlal d dit product,In whob or ln paM maybe ample wiftmi eu pdar rnlem mnsani o NCC!.Tido proch is"shW'As R"As avolkoble With all daleW and Indudsa tnibmwilan vol"at the lime of pU A=ftn a*.NCP makes m rep aseMstian er warrardlaa of any kind relaffn b the product and herby expressly disclaims any and ol,egress,atandary,or Irpled warrantlss,Yrdudh0 the Implied warranty,d nand ay,Brass kr a parbadar purpece.aaaaaey,eampletaufsa,arremness.or corromeas of arty Idormation or produd hrrddbd harwndx AG mpondbillity for the use d and for arty and ell resuft derived or abYlned t emigh the use of the produd aro the end uWs and N=shall nd haw any raWft arrato V-Page 1 oft WORKERS COMPENSATION EXPERIENCE RATING Risk Name:ABELS PAVING AND CONSTRUCTION CO INC Risk ID: 421054975 Rating Effective Date:11130/2015 Production Date:06/19/2015 State: TEXAS 42-'i EXAS Firm ID., Firm Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier. 29939 Policy No. 0001206873 Elf Data: 11/30/2011 Exp Date: 11/30/2012 B i P bll 1 P:RIim OW10D* I iii Pf 5200 1.63 .411 4,634 78 32 5220 1.45 .401 113,826 1,850 860 8809 .07 .35 40,172 28 10 88.10 .06 Al] 21,649 13 5 � Subject Total Act Inc Policy Total: 180,281 Pramlum: 9,462 Losses: 0 42-TEXAS Firm ID: Firm Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier 29939 Policy No. 0001206873 Eff Date: 11/3012012 Exp Date: 11/30/2013 4. �, A ttixpot�tiirrt- Ot-kn`laai�l , r i r - r .. kms•■ ,a. SM 1.68 -411 11,412 192 79 62201 1.45 .401 154,354 2,238 895 8809 .0 7 .35 44.322 31 11 8810 .06 .411 35,0031 21 9 Subject Total Act Inc Policy Total: 245,091 Premium: 13,201 Losses: 0 42-TEXAS Firm ID: Finn Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier. 29939 Policy No. 0001206873 Eff Date: 11/30/2013 Exp Date: 11/30/2014 g 1' I f:: -.11110 }a I . ! + r ' L&A0 woo j+. 5220 1.45 .40 191,342 2,774 1,110 j 8809 .07 .35 78,881 55 19 8810 .06 .41 60,231 % 15 Subject Total ActInc Policy Total: 330, Premlum: 12,313 Losses: 0 G Copyrlyht 1BBC l5,Al fphh reswwd.This poduUM YAch aia tib poo*tmry and wckt a popwV of the NaMond Cotodl on Convenselon Inusaarce.brc.(NCCIN No further ru%dsemiwlon,sale.twater,eealpenent or fapoWon of ties product,b wlioh or In put,may be notde vA out the pkv wddm conaerd of NW.This pochd Is haNahed-AB le-As av IeW V t all defects'and hwluds hima Mon welable at the Ims of publication any.NCCI mW=no mpesm Moro or ww1aniles of any Wrd mWny to the podud and hereby a dsdabu any and an express,staLutory v impled warrwdes,Yududn0 the WOW wrrwdy d owdo abate.ltnns for a perkular pwpo".nooffaq.Acus.narmurna,or conednna of arty ddonrmMon or pedud hunldwd haraurrdurr.AS rupond ft for Ne use of and for any and sM nmft ddlved or oblalned 6 into the use of ar product sn to and uWs ud NCCI OM not have eny!shiny twolo. •Tdtal by Poky Year of of oases SM or low 0 Ogen Lou X UMK%®I Cowrapa U USL&HW C Calastrephic Low E Empbyma Uabaty Los 0 Umked Loa V-Page2of2 WORKERS COMPENSATION EXPERIENCE RATING Riak Name:ABELS PAVING AND CONSTRUCTION CO INC Rlsk ID: 421054975 • Rating Effective Data:1113012014 Production Date:06/07/2014 State: TEXAS DWI i0 eas h► A400 t$ptekt "Br;l. 1{gtPrlU ` f 40a11s L9$9 i_ es 4T 3,1 4,1981 1,004 olill 7,5001 01 0 .0 3,194 4,198 1 1,004 0 7,500 0 D fl Vu i (I) C"(1-A)+G (A)"(F) (J) Actual 0 10,470 0 10,470 (E) C (1-A)+G (A)'(C) (K) Expected 1,004 10,470 224 1 i,69B I -L 1 r. , q Factors 1#D Carrier. 29939-000 Policy: 0001206673 Eff-Date: 11/30/2013 Exp-Date: 11/3012014 O Copyriph11893.2D14.H dphta resawd.TNs predud is eam;rbed d rampletlorrs era!MPorrnalon wNch are td proprislay and exAndwe property of to Netiaral Camdl an Campanlelan Irgoratea,Inc{NCCI}Na hsnuer roe dlssaeenalau sde,traafsr,asalQarrant a disposition d thla produW la whuNe err In ped,maybe male wilwl tis puler w.'Mn oor wd d NCCl.Tho prodrct la haniehsd'11r fs'►a avalMbN''yVidr ati dafads-and Irududa IrrMrrrretlen avalabla al tlra time d publkalon only.NCCI makers norepreasitadaa or wartantla of any kind relalirg to to prodwd end hereby aWaaay dieefaft any and as express,sla bury ar impled wanweJm,MadbV the broM wo oty d mereherdabDly,lkmsa for a Particular papaje,scancy,aaeplei wm.msra*wu,or corractnexs at any irdarrnatian or prodxd hanished hwewrder-AN respondbaly for the use d and for arry and all uesutts derived or obtained ftwo Ovum of pro productera the end tea's and NCCI shsl nal have eny lsblly lraato. V-Page iof2 WORKERS COMPENSATION EXPERIENCE RATING &W9 Risk Name:ABELS PAVING AND CONSTRUCTION CO INC Risk ID: 421054975 Rating Effective Date:1113012014 Production Date: 08/07/2014 State: TEXAS 42-TEXAS Firm ID: Firm Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier. 29939 Policy No. 0001206873 r Elf Date: 11/30/2010 Exp Data: 11/3012011 ;i€1} Is IAB bpi 6se U*gfts RWM tX k1 l 5200 1.24J .24 43,503 539 129 5220 1.001 .24 40,318 435 104 8809 .071 .20 39,988 28 8 8810 .08 2Z 14,063 81 2 ubject Total Act Inc Policy Total: 137,9 Premlum: 6,065 Losses: 0 42 TEXAS Firm ID: Firm Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier. 29939 Policy No. 0001206873 Eff Data: 11/30/2011 Exp Date: 1113012012 loft'� f 1 Llissss ,, 5200 1.24 24 4,634 57 14 5220 1.08 .24 113,828 1,229 295 5809 .07 .20 40.172 28 8 8810 .661 .22 21,649 13 3 Subject To Act Inc Policy Total: 180,281 Premium: 9,482 Losses: 0 42-TEXAS Finn ID: Firm Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier. 29939 Policy No. 0001208873 Elf Date, 11130!2012 Exp Date: 11!3012013 ;P owl It 5200 1.24 .241 11,412 142 34 5220 1.08 .24 - 154,354 1,667 400 88M .07 .20 44.322 31 6 8810 .06 .22 35,003 21 5 Subject Total Act Inc Policy Total: 245,091 Premium: 13,201 Losses: 0 D CepwW 19932014.Al 0"rn&m d This pcdud Is canpised d emrOWom and kbffmttm wNch ata due popmtl ry and cmk"v pvpwv dl the Nsdasd cawK l on Carpaiwalon ho iNCCI� No F~ws,dwaminalon,sale.tromfer,malysnant or daposilon of Wz product,N whole orin pat,maybe made w1Rou1 the pip wmlan — us of NCC=Thh product Is f>mrahed'As Is'M aysllable'Vlrllr al dalada'end Nrdudn Infonnaron avokbe at the lma of pOftedon ordy NCCI makes na repesartadps or wanamtn of any MW reislap lo the product and hereby exp m*dlsdakm any ad al amren,staudory,or Impled Wwrop es.WdLdnqthe wow wamwdy of maehada 1y Mine for a patlodr purpow.acaracycaaplelonem.asradnam,or 6wm& ss of any kdoamsm at product twddied hereunder.M respomt 0y for the use of ad for any mrd al amdls derived ordAa4»d raagh fro use of ere productare the and wets end NCCI"not have arty 1ablly there4o. •TOM by Pocky Year dal cum Ma p Ina. O 0mmo lone X Ea-Nedkxl coverer U USIAHW C Cates"plic loss E Employers Uabaly Was 0 Umbd loss V-Page 2af2 WORKERS COMPENSATION EXPERIENCE RATING Risk Name:ABELS PAVING AND CONSTRUCTION CO INC Risk ID: 421054975 Rating Effective Data:11MGM13 Production Date:07/1912013 State: TEXAS pF . � Exp' 'ExA3i ExG' '13�irrrii# i '1i�ss#x at�#Pr TX 1rtls#.e� 4,is�r �: e 07 0 3,4 4.W31 1.100 0 -f.wDl 01 0 1G)-tieuiiit '' Iri] �.. l:t3s4atF�H• IlaaFtort sms_ 0 3,49 4,59 1,100 6 7,500 0 t7. � # �3�Gtltikl St�E1 rev; 1Rw >3;R t r . 14 C'(1-A)+G (A) (F) (J) ual 0 10,748 0 10,748 (E) C•(1-A)+G (A) (C) (K) Expected 1,100 10,748 245 12,093 9 t ) !Factors B9 Carder: 29939-000 Policy: 0001206873 Eff-Date: 1113012012 Exp-Date: 11!30@013 Copydgta 1993.2013.Al h"rmmocL Th!7 exper*mt modffl n facto'is comprised d compGYtlom and Won.adon wnich are the proprietary Ind aadulMe properly d the Mona$ Council an CompensnWn Immnce Ino(N=)-No Ranorduse,dssnmkutbR pts,trareter,aa+Drmera or dlepoahen d Oris expedwee raang moddkmtbn factor or arty parlthowd may fa used wt had the written consent d H= NCCI makes no rspreser l d, or wanen usy,expressed or lnplsd,so to any maltsr whatsoever Including NA not Ienitsd to rhe accuracy d arty intunetiork product or mwice furnished hereunder and,sato NCC!.redpkeM d this expenerto rating modlticalbn faclu auteaihse to and ullrns the Yddrmolm memo ism is' V-Page 1 n!2 WORKERS COMPENSATION EXPERIENCE RATING Risk Name:ABELS PAVING AND CONSTRUCTION CO INC Risk ID: 421054975 Rating Effective Date:1113012013 Production Date:07/19=13 State: TEXAS 42-TEXAS Firm ID: Firm Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier 29939 Policy No. 0001205873 Eff Date. 11/30/2009 Exp Date: 111? M10 file fblt �I� � �r`ENfrrr F AdwhWon #o*" 52DD 1.24 24 27,476 341 82 5266 1.24 .24 151,809 1,680 451 8809 .07 .20 6,017 4 1 8809 1 .07 .20 1 33,202 231 5 8810 .08 .22 1 2,185 1 8810 .08 .22 1 12,059 71 2 Subject Total Act Inc Policy Total: 232,648 Premium: 12,876 Losses: 0 42-TEXAS Firm ID: Firm Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier. 29939 Policy No. 0001206873 Eff Date: 11f3012010 Exp Date: 1113a m11 mitran t lcp. 1 tf '• 'O w7tla ; iotas c,Iar Lm 5200 124 14 43,508 539 129 5220 1.08'' 24 40,318 435 104 8809 A7 .20 39,98828 8 8810 .08, .22 14,063 8 211 1 1 1 1 - Subfect Total Act Inc Polk Total; 177,87?Premium: 6,066 Losses: 0 42 TEXAS Firm ID: Firm Name: ABELS PAVING AND CONSTRUCTION CO INC Carrier. 29939 Pollcy No. 0001206873 Eff Date: 11/3012011 Exp Date: 1113 M12 Ift-iolf 2 8`#' I4krfft it, AW-ft 5200 1.24 24 4,634 57 14 5220 1.08 .24 113,828 1,229 295 8809 .07 20 40,172 28 6 8810 .06 22 21,649 13 3 Subject Total Act Inc Policy'Total: 180,261 Premium: 8,462 Losses: 0 Copft1t 19n2013,AI d"rvmrw"Thlowperlsnce rrrodecatlon fedo Is comprised of composure and Mrmadon which are Me paprk"and mcks"pmperty of LM Notional Comrdl on eompansmn imam e,im(NCCI).No fader ms da aftwho l wla.framfer also meats dlspwaon of tlaa experlenee rolnp modneawn fa wr or my pad mead may ba uwd wdhout as wdKan wnwnl of NCC1 "M rookes ro reprawhiallm a wanaay expressed a lmpaed,as to any maler what mover lncluddly but ml limned to Vo scuaey of arty Mamadmt product a wrdn Nm W hereatler and.sofa NCCI.rsdpind of this expedsn o raft modllatlen hdor eldvwlbes b and uUm Va Wdwnadon mvi a*am Or ,Tool byPahy Ymt&sdcBmsS20Worlsa D01wase Lou X ExdtedlwlCmaye UUBL&hW C Catastrophic toss E fimployea L1044 loss a Lbnnsd Lost V-Pape 2 W2 EQUIPMENT LIST Backhoe Motor Grader Excavator Front Loader Skid Loader Paver Double Drum Roller Pneumatic Roller Shift Foot Roller Crane Dump Trucks i i Texas Historically Underutilized Business (HUB)Certificate CertificateNlD Number 1272511820700 ReNendor Number 083076 r. HUB Approval Date 31-JAN-2018 Scheduled Expiration Date 31-JAN-2022 semld.Nh�r ►rrbw�mdnnsrl�.. The Texas Comptroller of Public Accounts(CPA),hereby certifies that INTERNATIONAL CONSULTING ENGINEERS has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate printed 02-FE&2018, supersedes any registration and certiFcate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day-today management, operational control, business location) provided in the submission of the business' application for registration/certification as a HUB, you must immediately(within 30 days of such changes) notify the HUB Program in writing.The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. *--Y Laura Cagle•Hingkm,Statewide HUB Program Manager Statewide Support Services Division Note- In order for State agencies and Institutions of higher education(universities)to be C=redited for utilizing this business as a HUB,they must award payment under the CertfficateMO Number Identified above Agencies,universities and prime contractuis are encouraged to verity the company's HUB certification prior to issuing a notice of award by accessing the Internet(https,Ilmycpa.cpa state.Musltpasscmbisearchiindex,isp)or by contacting the HUB Program at 512-4635872 or toll-tree in Texas at 14898-863.5881 REV 001 U11% H u •� v a 0 a RRtn L.i U MMINE E & '■ qu um) E U J o i ^ J Cpm o. o W � O. .� p W r� °i }; Cglop c se V a O V1 H +'� E � uu 3 4-J Imro as c 0 12 ma m CL u Alt Vamp C c �p W r�Lv C V � �'m 0 am � CD W fp MM, aw � Eno T S m cu O i V roc a� o ' CC .ao1 � E P � � . F- ' . C L '� C Ch �a Hv- N H L&- a H Q oho ami a P' , k+ IE{ • C m� N 19 E N a o a s c co 0 s s 1404 a v a� Go s C4 00 J U > > � t E N �— E-1 m € Coo 0 W ° LU x ,� 0 W •— c w0 v ui ANA m O � U N W IL) co oa $� ow 'C LLJ 'G W O W c s z ai li C 0 w a V� ~ c cc (D12 0 0 Oru �' W �+ Ri W _ x N �. L N 0 ANN _ AEG iQ4�' a 0 .— U U � s � n L z U.S.SMALL BUSINESS ADMINISTRATION WASHINGTON,DC 30116 Original Certification 113.•am�aiii®# rf�hut}w, Oa-P.LZV20 6 Jesus Jimenez-Principal Jimenez Engineering Solutions_LLC 555 N Caran ahus St Ste aw,, Corpus dales,TX,78101-Ml Dear Jesus Jfrnerhez Congratulatlamil...Welcome to the HUBZons Programl 1 am pleased to advise you that efieative this dale Jimermz Engineering Solutions,U.C.has been approved for certification es a qualified HUSzons small business concern(SBC)•.The firm is now eligible for HUSZone opportunities and will be Included on the ON of quallaed HUBZone small business concerns found at h„Up:rldsbs.sba.aovldsbslsearohldso seardhhubzone cfm.This cordlicetlon will ronin in sired urdess SBA laler determines that the Ohm does not meet the eligibility requiemerds of the program or Me Arm submits a_v_-A.:Mnra 'cation ro, The Mmnatlon below sets forth facts concerning the eornpeny's continued efigibtly, and Aa responsibilities. B1e Firm's Raaaonslbilldes ss a HUBZone codff d eo corn Asa HUSZone cackled concern,the program benefits Ore firm may racelve come with inpwM responsibRUm.mcudit, • Keeping up4a,date on the HUBZarre geographical designations by visiting the HUSZone websPos at ,!M.11www.sba.novtcontanUhubione•moos. Check SBA's HUBZone mapping pages to determine whether changes in HUBZc ne area designations lnpad,or will impact the Amis e4iblilly Note that changes In geographical designations may critically offset the W09 compliance with Program mclukerneMs that its principal olifca be located it a HUBZone, andlor that at least 35%of its employees reside in a HUBZow, 00 Signup o receive HUBZone News Updates by entering your small address at 'jrjef-r c n 04 Once there.expand the'SSA lnftWW subscription topic,select HUSZone News,and dki'NaW This Is the simplest single slap you can take to seep current an koy progran changes that may died the fin's efigibitty • Remaining in compliance at all rimes and staying updated on Program changes.it Is the fun's responslbnity to cwdkw ray ensure that it meets the requiernen of the Program.This Incudes.for example,continuously rrmefig the 35%HUSZone residency requieovs. The Arm can male good fait offals to"attempt to maintaln'(see deMtion at 13 Q.F.R.5 126;103)haft 35%of Its employees reside In a HUBZoneduring the performance d e HUSZone-, 1;c!t received(as a prime,not as a submntrador).But the business nud meal this residency requirement anyli ne n submits an offer on and raeeIves a new HUBZone ca lred.This also Includes tarnplyig with conh paha rmu requirements in connection with any HUSZow mhVeds awarded to the firm as a qualified HUaZwe SBC(e.g.,the subcontracting firdlations requkemmrls at faith In 13 C.F.R.'t 1261ih,,and/or the non- mamdacWmr rule set forth in 13 C.F R G 12s.fiUade11. Informing the HUBZone Program of any malarial changes to the coneam.if Mers are r aleriel changes to the concern that may aAect Its contirmwd eligibility you must notify the HUBZone Program by sending an e•rnall to jZMCN2sbs.aov Material changes include a flange len name,size,ownership business sbhucture,or principal office location,In addition to faint below the 35%employee HUBZo me residency requimment when the him Is not perlorming an a HUBZwe contract-Fature to ndtny the HUBZona Program of material ranges may remit In dsannlretim from the program.t at any time the concern no lager qualifies for the HUBZone Program.the individual erdhaized to represent the firm can oomph to the'Vduntary,Decertification Agreement" available at htta',llwww sba-aovleonientlmaintainlna-hubzone-certification M4:The HUBZona Program sends atlas regarding program examinations,proposed deraiffaiflons,and res-cedificatfaa to the firs physical and email addresses of .If the him fails to respond to time notias because the firm relocated without updating Its SAM and DSBS profiles and Warming the HUBZme program,SBA will propose the firm for decertification and may subsequerdly decertify R from the Program.Therefore,ti Is atrial tat you chock your a at s SPAM folder to make sum that you are receiving analis from SBA,notify us of any flange in the physical address and keep the firm's SAM and DSBS promm ehamert • Periklpatng In SBA etlglblllty momlWdng InlWtfvea In order to ansum the Inlegdly of the Program,finis wid be required to racertify t heIr status and may be suN W to program examinations.proposed deoertiliatlons,or protests designed to verify eligibility,Including: SBA mquibg the concern to arty in wrong under penally cd peoiry that It co dimes to most an the eligibility criteria of the HIJBZone Program or vduntady clocoUhr SBA requiring the ooneern to submit updated documentation,akmller to the Information and documents you provided for tar him to obtain initial aAAkation,In order to verly that k rerralne eligible for"program SBA requiig the hznwn to damonshVe that n was eligible far the Program bath at the time of Its Initial offer and award of a HUBZone contract. SBA making unannounced site visits to any oral of the carcen'a localfons to verify the araeahy of any tnfomatm provided to SBA. • Keeping the firm's Bystem for Award Management(SAM)and Dynamic Small BmIness Search(DSBS)records up-to-date.To apply for HUBZone Program adNfeatom.the him had to be registered in SAM and DSBS For the firm to roaNe benefits from the HUBZone Program(i.e.,to be Identified by cordractiii officers es eliglift to receive HUSZone mdrads and to be paid ander any such contracts).these records now remain up•lo•dats.You must validate the die's ldormation at lead annually at ns SAM nrpistrotan will' kmddve.If you need assistance In updating the Mm's SAM or DSBS Wormeticn,please go to the SAM Help Desk al • Mlsrearsserrtation:By bidding on any Federal sakkation that is set-aside or reserved only for HUBZone SBCs or for which a HUBZone preference will be appffed,the fir's wtxWasian al tat oAer fs deemed to be a representation to the United Staten that the company Is fully In compliance with the HUBZone regulatory requirements,and tal there have bean no material changes since it received the HUSZone certification.ANY SBC FOUND TO MISREPRESENT ITS HUBZONE STATUS IN OBTAINING SUCH AN AWARD MAY BE SUBJECT TO A RANGE OF CIVIL OR CRIMINAL PENALTIES,TREBLE DAMAGES UNDER THE FALSE CLAIMS ACT,ANWOR SUSPENSION OR DEBARMENT FROM FEDERAL CONTRAC nNo. Hawtoststthe-roost gut-of"ftmism Although the fir's status as a certtied HUBZone SBC greatly Improves its access to Federal awards,this osmication does nol guarantee mrhbatl awards Your ability to rose"opportuntka and aonpetltfvey,bid an then will be the key to your success In this program.l reconana you tzWkw the fdlewft additional web resources designed to help you maxYntze the Program's benefits. SBA's Government Contracting Clmaroom wehsMe at T"2 E h4:, :- ]provides vakmble Ink mudion on Federal contracting Plem note prat while your concern was approved under the ppino y North American Irodu*y Classification System(NAICS)Code fond In your &mm's SAM and DSBS prolMes.you may be awarded contracts under other HAICS Codes-You may bereft from ressafting and Identifying Polar"HUBZme osntradinq opporfunbes outside your profile's NAICS mote. SBNa Sursty Bond Program weballe t . )provides intommtlan on haw to appy loran SBA surety bond guarantee. Federal Buskness Oppa4mlties(_.c F;..a' .oa°.1 serves as a car"IfI ft for Federal procu snort solidtallorn to the P&k- Thank you for contributing to US economic development M wish you the beat of kick as a HUSZoe cerMad!concern-your success wiM help knp ove the economic Rause of the HUBZone(s)in which the firm operates.gat any Ihne you have any questions about On Program or how the SBA may be able to support your business objectives,the HUBZone ORbe often assistance via an krteraelive conference cell where we can respond to general questions and concema in reakims.VIM cur webaMe st htip1tw wr-sba aovlhubxone-for addlierrel Murnation orcorded the HUBZone Help Desk at HUSZoneAsim gov Sineen y. r Mariana Pardo Dkector OM M or HUBZene Program HUBZare CertUicatIon Number 56288 Ref:IAF-19L We OT—the IplME U W Burnes A ti y U.S.SMALL BUSINESS ADMINISTRATION WASHINGTON, D.C.20416 �Msr�ti February 14,2014 Jesus J.Jimenez, Managing Member Jimenez Engineering Solutions, LLC 555 N. Carancahua Street, Suite 860 Corpus Christi,Texas 78401 Dear Mr. Jimenez: Congratulationsl Your firm has been certified as a Participant in the U.S.Small Business Administration's(SBA) 8(a) Business Development Program.Your nine (9)year program term begins on the date of this letter. During participation in the 8(a) Business Development Program,you will receive business development assistance from an assigned Business Development Specialist in the Harlingen District Office located at 2422 East Tyler Avenue, Suite E, Harlingen,Texas 78550-6855.The phone number is 9561427-8533. Your firm will become eligible to receive 8(a) Business Development contracts after you submit a business plan using SBA Form 1010C and receive SBA's approval of the plan.We are sending a copy of this certification letter to the SBA Harlingen District Office.That office will send you the business plan form. SBA requires that the 8(a)participant s President or Chief Executive Officer sign a Participation Agreement to show that he or she understands the conditions of 8(a)program participation. Please read the Agreement carefully,sign and date one copy and return it to the SBA Harlingen District Office at the address shown in the second paragraph above.The second copy is for your records. Even though your firm s approved North American Industry Classification System (NAICS)Code is 541330,your firm may be awarded contracts under other NAICS Codes,as long as the firm is qualified to perform the required service or task. In this regard, please note that contracts awarded under 8(a) Business Development Program authority generally result from the self-marketing efforts of participating firms.While your firm s acceptance into the 8(a) Business Development Program is not a guarantee of contract support, SBA will make every effort to assist you in your marketing efforts. I welcome you as an 8(a) Business Development Program participant and wish you every possible success. Sincerely, Darryl K. Hairston Associate Administrator for Business Development HIGGINBOTHAM l Swanimff&Go►ion Global Reach. Local Touch. Single Source. 05/09118 Jimenez Engineering Solutions LLC DBA International Consulting Engineers 555 N. Carancahua St. Suite 860 Corpus Christi,TX 78401 Re: Workers Compensation Experience Modification History Please be advised that the Workers Compensation Experience Modification history for five (5)years is as follows: Modifier Effective Date Experience Modifier Factor 04/12/2018 .92 04/12/2017 1.00 04/12/2016 1.00 03/27/2015 1.00 03/27/2014 1.00 Sincerely, Renee Terrell Houston Cows Christi Portland 1500 Cityftst BWd 500 N Shoreline 3902 John Stodcbauer 601 Moore Ave. Suite 500 Suite 1200 Suite A P O Box 1267 TX 77042 P 0 Box 870 TX 77904 TX 78374 T 713 952-9990 TX 78403-0870 T 361573-9151 T 361843.8596 F 713 952-9939 T 361883-1711 F 361573-1816 F361643-2649 1 888 8724795 F 361844-0101 A Mrggitbow 1 800 756.4918 ATTACHMENT B2 RCM Constructors,Inc. P.O.Box 9338 Most Recent City of Corpus Christi projects Corpus Christi,Texas 78469 completed by project# (361)299-1191 ECMS-Engineering consultant EXPERIENCE WORKED COMPLETED Total Clean-outs L.F. V.F. S.S. Storm Contract Installed Installed Installed R&C R&C 1 Wastewater Service Line Repair and Clean-Out Adj. Adj. Installation&Manhole Ring&Cover Adjustment Program FY 2016-2017#E-16406 $688,886.00 247 3067 553 150 56 2 Wastewater Service Line Repair and Clean-Out $657,391.00 292 3216 386 144 56 Installation&Manhole Ring&Cover Adjustment Program FY 2015-2016#E-15211 3 Wastewater Service Line Repair and Clean-Out $657,391.00 276 3298 458 160 65 Installation&Manhole Ring&Cover Adjustment Program FY 2014-2015#E-14025 4 Wastewater Service Line Repair and Clean-Out $529,061.00 228 3013 382 117 90 Installation&Manhole Ring&Cover Adjustment Program FY 2012 #E-13048 5 Wastewater Service Line Repair and Clean-Out $480,293.00 199 2555 333 129 90 Installation&Manhole Ring&Cover Adjustment Program FY 2012 #E-12038 6 Wastewater Service Line Repair and Clean-Out $452,364.00 150 2425 247 123 92 Installation&Manhole Ring&Cover Adjustment Program FY 2011 #E-10155 6/22/2018 1 4:35 PM ATTACHMENT B3 Table 1—Organization Information Organization doing business as: CPC Interests, LLC DBA Clark Pipeline Services 6229 Leopard Street Business Address of Principal Office Corpus Christi,TX 78401 Telephone No. 3618166007 Website I www.clarkpipeline.com Form of Business (check one) ❑ Corporation x❑ Partnership ❑ Individual If a Corporation State of Incorporation Date of Incorporation Chief Executive Officer's Name President's Name Vice President's Name(s) Secretary's Name Treasurer's Name If a Partnership Date of Organization 2010 Form of Partnership: ❑ General ❑x Limited If an Individual Name Ownership of Organization List of companies, firms, or organizations that own any part of the organization. Names of Companies, Firms, or Organizations Percent Ownership Christopher C. Clark 51% Dennis W. Berry 49% Organization History List of names that this organization currently, has, or anticipates operating under including the names of related companies presently doing business. Names of Organizations From Date To Date CPC Interests, LLC DBA Clark Pipeline Services 2010 Present Indicators of Organization Size Average number of current full-time employees 25 Average estimate of revenue for the current year 12 million Statement of Experience 004516- 1 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 Table 1—Organization Information Organization doing business as: I CPC Interests, LLC DBA Clark Pipeline Services Previous History with City of Corpus Christi List the 5 most recent projects that have been completed with the City of Corpus Christi. Project Name Year 1 Padre Island Gas and Water Improvements 2015 2 Bear Lane Waterline Improvements 2014-5 3 Horne Road 2015-6 4 Water IDIQ 2015-6 5 Bayfront Development Utilities 2014-5 Construction Site Safety Experience Provide Bidders Experience Modification Ratio (EMR) History for the last 3 years. Provide documentation of the EMR. Year 12016 1 EMR 1 .87 Year 2015 EMR 1 .87 Year 2014 1 EMR .87 Previous Bidding and Construction Experience Has Bidder or a predecessor organization been disqualified as a bidder within the last 10 years? List Projects below and provide full details in a separate attachment if yes. NO Has Bidder or a predecessor organization been released from a bid or proposal in the past 10 years? List Projects below and provide full details in a separate attachment if yes. NO Has Bidder or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? List Projects below and provide full details in a separate attachment if yes. NO Has Bidder or a predecessor organization been involved in claims or litigation involving project owners within the last 10 years? List Projects below and provide full details in a separate attachment if yes. NO Have liens or claims for outstanding unpaid invoices been filed against the Bidder for services or materials on any projects begun within the preceding 3 years? Specify the name and address of the party holding the lien or making the claim, the amount and basis for the lien or claim, and an explanation of why the lien has not been released or that the claim has not been paid if yes. NO Statement of Experience 004516-2 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 Statement of Experience 004516-3 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 Table 2—Project Information Organization doing business as: I CPC Interests, LLC DBA Clark Pipeline Services Proposed Project Organization Provide a brief description of the organizational structure proposed for this project indicating the names and functional roles of proposed key personnel and alternates. Provide resumes for Project Manager,Superintendent, Safety Manager and Quality Control Manager. Position Primary Alternate Project Manager Christopher C. Clark Nilesh Patel Superintendent Ruben Reyna Rick Rubio Safety Manager Nilesh Patel Quality Control Nilesh Patel Manager Division of work between Bidder and Proposed Subcontractor and Suppliers Provide a list of Work to be self-performed by the Bidder and the Work contracted to Subcontractors and Suppliers for more than 10 percent of the Work(based on estimated subcontract or purchase order amounts and the Contract Price). Description of Work Name of Entity Performing the Work Estimated Percentage of Contract Price Concrete Work Clark Pipeline TBD by City Pipe Work Clark Pipeline TBD by City Roadwork Bay Ltd. TBD by City Horizontal Directional Drilling Tech Con TBD by City Traffic Control, Striping, Signage Highway Barricades TBD by City Pipe Bursting Horseshoe Construction TBD by City Boring Bortunco TBD by City Hot Taps Furmanite TBD by City Subcontractor Construction Site Safety Experience Provide Experience Modification Ratio (EMR) History for the last 3 years for Subcontractors that will provide Work valued at 25%or more of the Contract Price. Provide documentation of the EMR. Subcontractor Bay Ltd. Year 1 2015 EMR I .58 Year 2014 Year .54 Year 2013 EMR .75 Subcontractor Highway Barricades Year 1 2015 EMR 1 .64 Year 2014 EMR .64 Year 2013 EMR .64 Statement of Experience 004516-4 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years Organization doing business as: CPC Interests, LLC DBA Clark Pipeline Services Prosect Information Project Bear Lane Waterline Improvements Description 36"waterline, sanitary, storm, curb &gutter, Name sidewalk, new asphalt street w/ Limestone Base Reference Contact Information Project Owner Jerry Shoemaker Name/Title Engineer Telephone (361)826-3500 Email ishoemaker@chsitx.com Project Designer Coym, Rehmet &Gutierrez Project Budget and Performance Original 2,451 000.00 Final Contract 2,752,000.00 #Contract 210 # Days 0 Contract Price Price Days Late Issues/Claims/ Litigation: Prosect Information Project Padre Island Gas and Water Description 18" &4" Water, 8" Gas, and HDD all Name Improvements Reference Contact Information Project Owner City of Corpus Christi Name/Title Jerry Shoemaker, Project Engineer Telephone 361-826-3500 Email Jerrys2@cctexas.com Project Designer I Urban Engineering Project Budget and Performance Original 2,380,000.00 Final Contract 2,456,000.00 #Contract 90 # Days 0 Contract PricePrice Days Late Issues/Claims/ Litigation: Prosect Information Projec Name t Water IDIQ Description Waterline projects throughout the City Reference Contact Information Project Owner City of Corpus Christi Name/Title Jerry Shoemaker, Project Engineer Telephone 361-826-3500 Email Jerrys2@cctexas.com Project Designer I Urban Engineering Project Budget and Performance Original 2,300,000.00 Final Contract 2,500,000.00 #Contract 365 # Days 0 Contract Price Price Days Late Issues/Claims/ Litigation: Statement of Experience 004516-5 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: CPC Interests, LLC DBA Clark Pipeline Services Prosect Information Projec Name t Horne Road Description Road work and Utilities Reference Contact Information Project Owner City of Corpus Christi Name/Title Jerry Shoemaker, Project Engineer Telephone 361-826-3500 Email Jerrys2@cctexas.com Project Designer Naismith Engineering Project Budget and Performance Original 1,901,000.00 Final Contract 2,078,000.00 #Contract 90 # Days Contract PricePrice Days Late Issues/Claims/ Litigation: Prosect Information Projec Name t Navigation Blvd. Description Street and utilities Reference Contact Information Project Owner City of Corpus Christi Name/Title Jerry Shoemaker, Project Engineer Telephone 361-826-3500 Email Jerrys2@cctexas.com Project Designer I LNV Project Budget and Performance Original 7,801,000.00 Final Contract #Contract 425 # Days Contract PricePrice Days Late Issues/Claims/ Litigation: Prosect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Statement of Experience 004516-6 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 Issues/Claims/ Litigation: Statement of Experience 004516-7 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 Table 3—Projects Awarded during the Last 5 Years—Not including City of Corpus Christi Projects Organization doing business as: Prosect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Prosect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Litigation: Prosect Information Project Name Description Reference Contact Information Project Owner Name/Title Telephone Email Project Designer Project Budget and Performance Original Final Contract #Contract # Days Contract Price Price Days Late Issues/Claims/ Statement of Experience 004516-8 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 Litigation: Statement of Experience 004516-9 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 ARTICLE 1—TABLE 4—SAFETY RECORD QUESTIONNAIRE AND STATEMENT OF BIDDER'S SAFETY EXPERIENCE Organization doing business as: I CPC Interests, LLC DBA Clark Pipeline Services Bidder's Safety Record and Experience Has the Bidder received any Citations for violations of OSHA within the past five (5)years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any, and the penalty assessed. NO Has the Bidder received any Citations for violations of environmental protection laws or regulations within the past five (5)years? List Citations below (date and location of Citation) and provide full details in a separate attachment if yes.The full details must include the type of violation or offense,the final disposition of the violation or offense, if any, and the penalty assessed. NO Has the Bidder, within the past ten (10) years, been convicted of a criminal offense or been subject to a judgment for a negligent act or omission, which resulted in serious bodily injury or death? List convictions or judgments below and provide full details in a separate attachment if yes. NO The Owner will consider the following information as additional support to make a determination as to the responsibility of the Bidder.The Bidder must answer the following questions and provide evidence that it meets minimum OSHA construction safety standards and has a lost time injury rate that does not exceed the limits established below: 1 Does the Bidder have a written construction safety program? X Yes ❑ No 2 Does the Bidder conduct regular construction site safety inspections? X Yes ❑ No 3 Does the Bidder have an active construction safety training program? X Yes ❑ No 4 Does the Bidder, or affected subcontractor, have competent persons in the following areas (as applicable to the scope of the current Project): A. Scaffolding X Yes ❑ No ❑ N/A B. Excavation X Yes ❑ No ❑ N/A Statement of Experience 004516- 10 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 C. Cranes & Hoists X Yes ❑ No ❑ N/A D. Electrical X Yes ❑ No ❑ N/A ARTICLE 2—TABLE 4—SAFETY RECORD QUESTIONNAIRE AND STATEMENT OF BIDDER'S SAFETY EXPERIENCE Organization doing business as: I CPC Interests, LLC DBA Clark Pipeline Services E. Fall Protection X Yes ❑ No ❑ N/A F. Confined Spaces X Yes ❑ No ❑ N/A G. Material Handling X Yes ❑ No ❑ N/A H. Demolition X Yes ❑ No ❑ N/A I. Steel Erection X Yes ❑ No ❑ N/A J. Underground Construction X Yes ❑ No ❑ N/A Does the Bidder have a lost time injury rate and a total recordable injury rate of less than or equal to the national average for North American Industrial Classification 5 System ("NAICS") Category 23 for each of the past five (5)years? Provide the X Yes No Bidder's OSHA 300 and 300A logs for the past five (5) years in a separate attachment. Does the Bidder have an experience modifier rate of 1.0 or less? Provide the 6 Bidder's NCCI workers' compensation experience rating sheets for the past five (5) X Yes ❑ No years in a separate attachment. Has the Bidder had any OSHA inspections within the past six(6) months? Provide 7 documentation showing the nature of the inspection, the findings, and the ❑ Yes X No magnitude of the issues in a separate attachment if yes. Statement of Experience 004516- 11 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 ARTICLE 4—TABLE 5—DEMONSTRATED MINORITY, MBE, DBE PARTICIPATION Organization doing business as Clark Pipeline Services Project Subcontractors and Suppliers Provide a list of anticipated Minority, MBE, DBE Subcontractors or Suppliers contracts that will be used to demonstrate compliance with the Owner's Minority/ MBE/ DBE Participation Policy Name Work to be Provided Estimated %of Contract Price Titan Pipe, Inc. Pipe, Valve Supplier 20% Statement of Experience 004516- 12 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 CERTIFICATION 4.01 By submitting this Statement of Experience and related information, Bidder certifies that it has read this Statement of Experience and that Bidder's responses are true and correct and contain no material misrepresentations and that the individual signing below is authorized to make this certification on behalf of the Bidder's organization. The individual signing this certification shall attach evidence of individual's authority to bind the organization to an agreement. Bidder: CPC Interests, LLC Clark Pipeline Services By: (individual's signature) Name: Christopher C. Clark (typed or printed) Title: President (typed or printed) Designated Representative: Name: Christopher C Clark Title: President Address: P.O. Box 1214 Corpus Christi,TX 78410 Telephone No.: 361-816-6007 Email: cclark@clarkpipeline.com END OF SECTION Statement of Experience 004516- 13 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 Statement of Experience 004516- 14 E17095 Wastewater Services,Cleanouts and Manholes Adjustments(IDIQ)Program 2018 Rev 06-22-2016 Corp*hhr, Engineering Wastewater Services, Cleanouts and Manhole Adjustments IDIQ 2018 _i Council Presentation i August 21, 2018 Project Location � Corpus Chr sti Engineering WASTEWATER SERVICES,CLEANOUTS AND MANHOLE ADJUSTMENTS IDIO PROGRAM 2018 N SCALE:N.T.S. i R V 2 iL (' Project Vicinity \ i Corp*hr ' Engineering WASTEWATER SERVICES, CLEANOUTS AND MANHOLE ADJUSTMENTS IDI 2018 N SCALE: N.T.S. z Project Scope 01, pus Chr sti Engineering Provides engineering and IDIQ construction project for improvements to the wastewater and storm water collection systems. The wastewater improvements primarily target reducing wastewater system I&I and minimizing wastewater overflows. Project includes the following: ➢ Engineering services: Field investigations and analysis for preparation of multiple Delivery Orders with construction phase technical support for the initial base year plus two additional optional extensions ($159,526 and $401,418 respectively) ➢ Multi-year IDIQ construction contract: ($764,707 and $2,294,121 respectively) • Replaces approximately 3,700LF of existing wastewater service lines • 255 Sanitary Sewer clean-out replacements • 160 Wastewater Manhole Ring and Cover Adjustments • 56 Storm Water Manhole Ring and Cover Adjustments Optional one-year extensions will be administratively authorized by the City Manager, or designee, based on satisfactory performance and availability of funds. Project Schedule � Corpus Ch,sti Engineering 7OCT 9 AUG SEP NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Construction Services Projected Schedule reflects City Council award in August 2018 with anticipated completion in September 2019. This is a 3 year IDIQ project with one base year plus two optional one-year extensions. SC AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2018 NgHPO PP`E 1852 Action Item for the City Council Meeting of August 28, 2018 DATE: July 30, 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 Dan Grimsbo, P.E., Executive Director Utilities DanG@cctexas.com (361) 826-1718 Land Purchase Nueces Bay Boulevard Elevated Water Storage Tanks (Capital Improvement Program) CAPTION: Resolution determining the fair market value of industrial property and authorizing execution of a real estate sales contract with Flint Hills Resources Corpus Christi, LLC for $127,513.75 plus estimated closing costs of$2,500 for Nueces Bay Boulevard elevated tank site PURPOSE: The acquisition of this tank site will provide higher water pressures and better pressure stabilization in the City's water distribution system in the area of Nueces Bay Boulevard as required by TCEQ in the Alternative Capacity Requirement (ACR) implementation plan. BACKGROUND AND FINDINGS: The City's existing Elevated Storage Tanks (EST) have inadequate volume and elevation to meet minimum water storage requirements as required by the Texas Commission on Environmental Quality (TCEQ). In February 2009, the City awarded an A/E contract to LNV Engineering Inc. for a location study and capacity design of the needed elevated tanks. LNV Engineering determined Project No:E16290 Page 1 of 3 EG/GH Legistar No.: 18-0956 Rev.1—1 08/02/18 that four elevated tanks were needed at various sites within the City. The new sites were identified as the Holly Road site with 3.0 million gallons (MG), the Rand Morgan site with 0.75 MG, the Flour Bluff site (Flour Bluff Drive at Division Road) with 2.5 MG and the Nueces Bay Boulevard site with 1.25 MG. In June 2012, TCEQ approved the City's plan to replace four of its existing elevated tanks with new ones. These replacements will occur in four phases over a nine-year period. In 2016, TCEQ approved combining Phases 3 and 4 into a single project to reduce cost and accelerate the implementation plan. This project is the third phase which requires construction of two new tanks, one at Starry Road and the other at Nueces Bay Boulevard. The site on Nueces Bay Boulevard is to be purchased under this contract. City staff identified a suitable site off of Nueces Bay Boulevard, between West Broadway and Summer Street as shown on the attached Location Map. The land belongs to Flint Hills Resources (FHR) and was acquired as a part of their buffer land buyout. City staff and FHR began negotiations to identify a portion of the land to situate the elevated tank. A 1.15-acre site was selected as shown on the Proposed Site Layout exhibit. FHR purchased and obtained an Environmental Site Assessment to insure the land was clear of any environmental issues. The report was given to the City for review and indicated that there were no issues. Comparable and current land sales information was not available for this industrial area. An offer to purchase the land was made by the City using the purchase price of the Rand Morgan tank site at$2.45 per square foot (PSF). A final sales price in the amount of$127,513.75 was agreed upon by the parties based on $2.54 per square foot. The contract will be escrowed at San Jacinto Title Company at 520 Lawrence Street. A copy of the sales contract is attached. ALTERNATIVES: 1. Authorize purchase of the subject property. (Recommended) 2. Do not authorize purchase of the subject property. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The Real Estate Sales Contract is permitted by City Charter, Article X, General Powers and Provisions Section 1 (a)(8) to acquire and own property by the City and also by Section 2 (A) requiring contracts to be authorized by the City Council where the expenditure exceeds the limit of$50,000. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Department Project No:E16290 Page 2 of 3 EG/GH Legistar No.:18-0956 Rev.1-1 08/02/18 FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 200,000.00 10,000,000 10,200,000.00 Encumbered / Expended Amount This item 130,013.75 130,013.75 Future Anticipated Expenditures This Project BALANCE 1 69,986.25 10,000,000 10,069,986.25 Fund(s): Client Department Fund or Bond Program Fund, etc. RECOMMENDATION: Staff recommends approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map Proposed Site Layout Project Site Presentation Sales Contract Project No:E16290 Page 3 of 3 EG/GH Legistar No.: 18-0956 Rev.1—1 08/02/18 Resolution determining the fair market value of industrial property and authorizing execution of a real estate sales contract with Flint Hills Resources Corpus Christi, LLC for $127,513.75 plus estimated closing costs of $2,500 for Nueces Bay Boulevard elevated tank site Whereas, in accordance with the TCEQ-approved plan to increase the City's water storage requirements, City identified property on Nueces Bay Boulevard belonging to Flint Hills as a suitable site for a new elevated water storage tank; Whereas, an appraisal report is unavailable for the property because comparable and current land sales information is not available for this industrial area; Whereas, after negotiations, a final fair market value of$2.54 per square foot for industrial property owned by Flint Hills Resources Corpus Christi, LLC ("Flint Hills") was agreed upon by both parties. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. SECTION 2. The fair market value of Flint Hills unimproved real property is found to be at least $2.54 per square foot. SECTION 3. The City Manager or designee is authorized to execute the real estate sales contract with Flint Hills for $127,513.75 and pay estimated closing costs of$2,500 for acquisition of Lots 6 through 10, Block 1 , Sunset Place Addition, for the purpose of acquiring fee simple surface rights to a 1 .15-acre tract of land for the Nueces Bay Boulevard elevated tank site. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of , 2018 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith SOF F UGTO ti CORK/oOR n I SCALE: N.T.S. SHIP CHAN CORPUS CHRISTI GFO'Oq R° LEOPARD 0 a z US CHRISTI 44 o G° 286 PROJECT SITE] NATIONAL Q P ORT 358 > M°RO pp0 T� pC Z s9ti CORPUS CHRISTI BAY Q s,, OHO �} M G 9A 3Z °gR°GF °<G�ygR `�if� 'L TEXAS A&M UNIVERSITY O� .0 CORPUS CHRISTI �° 3583�0� FEBDNISS SCO i OSO BAY CORPUS C Q NAVAL AIR Q� O �v 43 O p0 FLOUR BLUF e- Z 358 286 S e° w 4� z J 0,pF �o 002 2444 °wN LAGUNA Project: E 16290 MADRE Elevated Storage Tanks - ACR CITY COUNCIL EXHIBIT Implementation Phase 3 CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES SCALE: N.T.S. PROJECT SITE L - S • a o r ` ' _ t `6 a , ~' +J- — -a IC, moi. ' I Is 9 W +� ' LOCATION MAP Proms" E3 Y Elevated Storage Tanks - ACR CITY COUNCIL EXHIBIT Implementation Phase 3 CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES ±80.0' HEM El El El El 0 El El ori ❑oo❑ 00 ❑oo❑ ❑oo❑ ❑7-17-1❑ ❑±40.0'❑ ❑0=❑ ❑oo❑ ❑oo❑ ❑oo❑ ❑oo❑ ❑oo❑ EXIST h ❑oo❑ ,�. El ❑ E.L.=±20.0 eROq�wgY Sp �O EXTERIOR ELEVATION SME: INTS w m RS ST \ U app . I N I _ ^O a T o O a m N �9 a a a 3 I NOTES: 1. THE PROPOSED NUECES BAY ELEVATED STORAGE TANK TO a HOLD A STORAGE CAPACITY OF 1.25 MG. 2. THIS LAYOUT WILL REQUIRE APPROXIMATELY 175 LF OF 3 WATERLINE TO CONNECT ELEVATED STORAGE TANK TO THE CITY'S WATER SYSTEM. w£ 3. FOR INFORMATIONAL PURPOSES ONLY. a 4. DIMENSIONS LISTED ARE ANTICIPATED MAXIMUM DIMENSIONS. �N is L% V TBP LSFIRMIRO."oizssoo ELE-ATED WATER STORAGE TAN-S -CIT-WIDE ACR PHASE -- CORP-S CHRISTI-TEXAS engineers I architects I surveyors NUECES BAY ELEVATED STORAGE TANK N a , 801 NAVIGATION,SUITE 300 PH.(3611883-1984 CORPUS CHRISTI,T 18408 "X`36"68 1986 PROPOSED SITE LAYOUT a 4WVW.LNVINGCOM SCALE 1"=920J O� Corpus Chr sti Engineering Elevated Water Storage Tanks - Citywide ACR Implementation Plan, Phase3 2017-2018 CIP Land Purchase - Nueces Bay Blvd. Elevated Tank site City Council Presentation August 21, 2018 Nueces Bay Blvd. Ch Elevated Tank Site CoEnrpusmerin eringi CORPUS CHRISTI PROJECT SITE CORPUS CHRISTI&4` t' d Tat y 050 B0.Y Q� e FLOUR BLU IGUM Project:E16290 WRE 2 Nueces Bay Blvd. � ! Corpus Chr sti Elevated Tank Site Engineering KALL NIS, 1 PROJECT SITE L. k. 3r� Nueces Bay Blvd. � ! Corpus Chr sti Elevated Tank Site Engineering 000 000 000 M eee 000 oo❑ EXIST E.L.-±20.0 ExTERIOR ELEVAi10N srsl£.uls l� �t NOMT E5•� 4 Nueces Bay Blvd. oc* Elevated Tank Site Corpus Engineering • Seller is Flint Hills Resources Corpus Christi LLC (FHR) • City to purchase 1.15 acres comprised of 6 lots. • City to construct a 1.25 MG elevated water storage tank. • Purchase price is $127,513.75 or $2.55 per square foot. • FHR has paid for Environmental Site Analysis which indicates no environmental issues. • City negotiated price based on Rand Morgan tank site value. • This is the final site acquisition needed for the TCEQ plan. • Contract to be escrowed at San Jacinto Title Company. Nueces Bay Blvd. 7;- Elevated Tank Site Corpus ening Engineering QUESTIONS ? 6 r DEPARTMENT OF ENGINEERING SERVICES Elevated Water Storage Tanks Citywide,4E12210 REAL ESTATE SALES CONTRACT THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Real Estate Sales Contract ("Contract") is entered into by and between FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, P.O. Box 2608, Corpus Christi, Nueces County, Texas 78403-2608,hereinafter called"Seller", and the CITY OF CORPUS CHRISTI,a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi,Nueces County,Texas 78469- 9277,hereinafter called"Buyer". 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the surface estate only of the properties described below together with together with all rights, privileges and appurtenances pertaining to such properties (collectively, the"Property")situated in Nueces County,Texas: A tract of land containing 1.15-acres(50,225.69 square feet)shown on the attached survey marked"Exhibit A",consisting of Lots 6,7,North one-half of 8, 9, and 10, Block 1, Sunset Place Addition as shown by map or plat recorded in Volume 4,Page 25,Map Records of Nueces County,Texas and Lot 8A, Block 1, Sunset Place Addition, being a replat of the "South one- half of Lot 8", Block 1, Sunset Place Addition, as recorded in Volume 27, Page 13,Map Records of Nueces County,Texas,to which reference is here made for all pertinent purposes, 2. Purchase Price. Buyer agrees to pay $127,513.75 cash to Seller at the time of the closing of the transaction hereunder("Closing"). 3. Title Insurance. The Seller must provide,at Buyer's expense,a title insurance policy that guarantees good and indefeasible title to the Property,without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that 1 wholly insures and indemnifies Buyer(to the extent provided for in such policy) against any title defects or adverse claims. A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within thirty (30) days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. Notwithstanding any other provisions herein,if any title defect in the Property is identified prior to Closing, Seller may elect to not cure such defect and terminate this Contract at any time prior to Closing upon written notice to Buyer, with no liability to Buyer relating to such termination(the Earnest Money[as defined below]will be refunded to Buyer in the event of such termination). Notwithstanding any other provisions herein, if any title defect in the Property is identified prior to Closing that Seller does not timely cure or if Buyer decides (in its sole discretion) that Buyer is not comfortable with the Quitclaim Deeds as defined in Section 4 below,Buyer may elect to terminate this Contract at any time prior to Closing upon written notice to Seller, with no liability to Seller relating to such termination (the Earnest Money [as defined below] will be refunded to Buyer in the event of such termination). 4. Warranty Deed and Closing Costs. At Closing (if Closing occurs), the parties will execute a General Warranty Deed in the form attached hereto as Exhibit C,and Buyer must make the cash payment to Seller. Buyer will pay all CIosing costs except costs to cure title,which must be paid by Seller. The parties acknowledge a portion of the Property is apparently covered by the following deeds(the`Quitclaim Deeds'):(i.)Quitclaim Deed dated Feb. 14,2011 from Southwestern Refining Company, Inc. to Tronix Worldwide, LLC, recorded as Document No. 2011006795 in the Official Public Records of Nueces County, Texas; and (ii.) Quitclaim Deed dated Feb. 14, 2011 from Tronix Worldwide, LLC to Greenfield Environmental Multistate Trust, LLC,Trustee of the Multistate Environmental Response Trust,recorded as Document No. 2011006797 in the Official Public Records of Nueces County, Texas. The conveyance of the Property hereunder is subject to the Quitclaim Deeds and any rights, titles, interests, or claims created by the Quitclaim Deeds, and Buyer agrees that Seller's warranty of title under this Contract or the General Warranty Deed will not apply to or cover any matter relating to the Quitclaim Deeds,but this subparagraph does not affect any rights Buyer may hold under the title insurance policy noted in Section 3 above. 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2017. All property taxes for the year 201$,if any are due and payable or incurred for the year,will be prorated between the Buyer and the Seller from January 1,2018,to the date of Closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes (relating to the period prior to Closing)should they occur during the following year. 6. Earnest Money. Buyer deposits Five Hundred Dollars and no cents ($500.00) with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at Closing;Buyer will pay the balance of the purchase price owing at Closing. When the Title Company possesses the executed deed,any other necessary paperwork,and the balance of the cash payment,the Title Company will close and finalize the conveyance in accordance with its customary procedure. 2 If Buyer fails to close on this Contract as set out herein, for any reason other than title defects or Seller's exercise of its right to terminate this Contract, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract(for clarity,this sentence does not apply if Buyer exercises any right of termination it has under this Contract).Seller may seek to enforce this Contract by an action for specific performance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions,if any,and all applicable local zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be closed through the Title Company on or before ninety (90) days from the effective date of this Contract. Seller shall give Buyer possession of the Property by executing a General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the Corpus Christi City Council and executed by the City Manager,or designee,on behalf of the Buyer. Buyer must execute this Contract within ninety(90)days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 10. 60-Day Inspection Period. Buyer shall have sixty (60) days (the "60-Day Inspection Period") from the effective date of the Contract to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60-Day inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract on this basis. Buyer agrees to provide Seller with any reports and/or assessments prepared by or for Buyer prior to Closing concerning the condition of the Property. Such documents shall be provided to Seller without delay,and in any event prior to Closing if Closing occurs. Seller will have the right to be present during Buyer's investigations on the Property hereunder (the times of any such investigations will be as mutually agreed to by the parties), and if any soil/water samples are taken in the course of such investigations, Seller will be provided with a"split"sample. a. Right of Entry. (1) During the 60-Day Inspection Period and at Buyer's sole expense,Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of the 3 following:utility relocation,land surveys,environmental site analysis,engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller has previously given Buyer a copy of the Limited Phase II Assessment Report (the"Phase II Report") relating to the Property dated November 22, 2016, a copy of the 2016 Annual Groundwater Monitoring Report for the Flint Hills Resources Corpus Christi, LLC East Refinery previously filed with the TCEQ covering the July 2015 to June 2016 reporting period (the "2016 Groundwater Report), and a copy of the 2018 Annual Groundwater Monitoring Report for the Flint Hills Resources Corpus Christi, LLC East Refinery previously filed with the TCEQ covering the July 2017 to June 2018 reporting period(the "2018 Groundwater Report) (these Reports summarize Seller's current knowledge regarding the environmental status of the Property). Buyer acknowledges that,in addition to the 2016 Groundwater Report and the 2018 Groundwater Report, Seller has previously filed with the TCEQ certain groundwater monitoring reports relating to Seller's various properties in the vicinity of the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i)employ only trained and qualified inspectors and assessors; (ii)notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property;and(v)restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (3) Except for those matters that arise from the negligence of Seller or Seller's agents Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections,studies,or assessments,including any property damage or personal injury. b. Environmental Condition of Property. Definitions. "Environmental Law" shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Clear Air Act,the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. 4 Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis(ESA)Phase I and Phase II,to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the"Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or at any time prior to Closing Buyer otherwise becomes aware of the existence of, any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure,Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. If, prior to Closing, Seller becomes aware of any environmental issue/problem relating to the Property that could require the owner of the Property to conduct remediation operations, Seller may elect to terminate this Contract at any time prior to Closing upon written notice to Buyer, with no liability to Buyer relating to such termination(the Earnest Money will be refunded to Buyer in the event of such termination). 11. Broker Commission. Seller is responsible for payment of all broker's fees and commissions incurred in connection with the sale of this Property. 12. Possession. At the Closing,the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements,if any, filed of record and currently in force and effect(and subject to any prior mineral reservations or leases). Any possession by Buyer before Closing or by Seller after Closing that is not authorized by a separate written lease agreement or the deed to be delivered hereunder is a landlord- tenant at sufferance relationship between the parties. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties, all of which will be true and correct as of the effective date of this Contract and (except as otherwise noted in a subsequent written document delivered by Seller to Buyer prior to Closing)as of the date of Closing: Authority;No Conflict. Seller has the absolute and unrestricted right,power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the Closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with,or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property, other than the following 5 two cases involving property tax valuations (both filed in the Nueces County District Court):Flint Hills Resources Corpus Christi,LLC and Flint Hills Resources, LP v.Nueces County Appraisal District, Case No. 2016DCV-4761-17; and Flint Hills Resources Corpus Christi, LLC and Flint Hills Resources, LP v.Nueces County Appraisal District, Case No. 2017DCV-4605-G Environmental Representations. Except as otherwise expressly provided herein or as stated in the Phase II Report, the 2016 Groundwater Report, or the 2018 Groundwater Report, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)) in violation of any Environmental Law (as defined in Section IO(b)), contains any underground storage tanks, or is not in full compliance with any Environmental Law(as defined in Section 10(b)). (The parties agree that in the event of a breach of the foregoing representation or the "Compliance" representation below, the environmental remediation obligations of Seller relating to the Property are as detailed in the Deed.) Title to Property. To the best of Seller's knowledge,Seller has full and complete fee simple title to the Property, subject only to matters of record and the liens and encumbrances, if any, disclosed on the commitment or survey to be furnished to Buyer hereunder. (The parties agree that Seller's liability for any breach of the foregoing representation is limited as detailed in the attached Exhibit B.) No Options. No other person, corporation, or other entity has or, on the date of Closing, shall have any right or option to acquire the Property. Compliance. To the best of Seller's knowledge, Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with any applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property(other than as relating to matters that have been previously resolved). 14. Mineral Reservation. The sale of the Property is without minerals. To the extent that Seller currently holds any such right/title/interest, Seller reserves unto itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property. If required by Buyer prior to Closing, Seller will execute a no-drilling agreement, prepared by Buyer and reasonably acceptable to Seller, to ensure that Seller will not construct or operate a well on the Property while exercising its right to recover any subsurface oil,gas, or other minerals(any such agreement will expressly only relate to any right/title/interest held by Seller and will be subject to any grants or leases of rights made prior to the date of this Contract). 15. Essential. Time is of the essence in closing this transaction. 16. Effective Date. The effective date of this Contract is the date in which the Contract is signed by the Buyer. 6 17. Exhibits A.B and C. Exhibits A, B and C are attached to and made a part of this Contract. Executed in triplicate,any of which constitutes an original. SELLER: FLINT HILLS RESO CES CORPUS CHRISTI,LLC By. Print Name: , �v'>�tp U£ jf t Print Title: �/?Ct if H THE STATE OF TEXAS § COUNTY OF § This'nstrument was ckn wledged before me on AIICS ,2018 by ,as of FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, on behalf of said limited liability company. Notary Public in and for the State of Te PATRICIA DTEXAS 4 Notary BUYER STATE OFMY COmm. Ex Y OF CORPUS CHRISTI,TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi,Texas 78469-9277 v Valerie H. Gray,P.E., Executive Director of Public Works THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2018 7 by Valerie H. Gray, P.E., as Executive Director of Public Works of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM,THIS DAY OFAU(�U-St2018. FOR THE CITY ATTORNEY By: Janet itehead,Assistant City Attorney CITY LEGAL DEPARTMENT 8 EXHIBIT A (Survey) INV INC 801 Navigation Blvd.Salk 700 rornu Crud,Texas T0d08 (361)993.1991 Fu-(361)U345156 Field note description for a 1.15 acre tract of land, being trot(%) 6-10, Block 1, out of Sunset Place as recorded in Volume 4,Page 25,Nueces County,Texas,Map and Plat Records,said 1.15 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a found t/2 inch iron rod in the North right-of-way line of Summers Street, also being the Southwest comer of Lot 6,and the Point of Beginning of the herein described tract; Thence North 30°02'-30"Fast,with the West property line of said Lot 61 a distance of 183.36 fcct to a point in the South right-of-way line of West Broadway Street, said point being the Northwest corner of the herein described tract; Thence South 67°-54'-2I"East,with the South right-of-way line oFsaid West Broadway Street, a distance of 203.04 feet to a found t inch iron rod,being the northeast comer of Lot 9 and the Northwest corner of Lot 10,and said point being an interior comer of the herein described tract, Thence South 0155149"East,with South right-of-way line of said West Broadway Street,it distance of 49.51 feet to a point in the West right-of-way of Floral Street, said point being the Northeast comer of the herein described tract; Thence South 300-02'-30"West,with the West right-of-way line of said Floral Street,a distance of 219.16 feet to a point for the Southeast comer of the herein described tract; Thence North 590-57'-30"West,with the North right-of-way said Summers Street,a distance of 250.00 feet to the Polnt of binning and containing approximately 1.15 acres of land,more or less. State of Texas County of Nueces 1, Robert M. Viera,a Registered Professional land Surveyor,of LNV, Inc., do hereby certify that the foregoing field note description was prepared from information of record and from a survey made on the ground under my direction. This the Z 9 day of 2018. 'l OF., �F 5 Fe ti-19 �,✓ BEAT_M-VIERA Rqbcrl M.Vicm ; 617e Ir Soto of Texas License No.6178 9'�%--Zan!0"t0 9 EXHIBIT A I Robert M. Vivro, a registered R.23.oa. Professlanal Land Surveyor, of NUEM MAY BLVD L-31=' M. Inc., do hereby cwft that the (00'0.PONS a-n��'�' following field nota description was Nscarsalt 131.04• red frmdm Information of record `m and8prepafrom a survey mads an the ground under my dlrsctlon. LM 1A This the 3 day of L , 2018. un: R d M. Mesa sa's S e of Texas lienee No. 8178 ruo ,-u. QF LW • ,�P,aatsi't1��7 ° 35 FJOSE T M.VIM `� $17B.tQ' maea:5ot tttsae' FRO t"to POW cr a un e W UV 7 Oj sort w urr ea t.te # Lar o no r LL 1 j ear to ffs SCALE. 1'080' .� �ro. M16' WK ST. (Saw Ran --MOON* F SURVEY OF A 9.16 ACBE TRACT OF LAND, „ erd�t0ua BEING LOT(a)6-10,BLOCK 9 OUT OF SUNSET PLACE AS RECORDED IN VOLUME 4,PAGE 26 NUECES COUNTY,TEXAS,MAP AND PLAT RECORDS 10 Exhibit B This Exhibit is attached to and made a part of the Real Estate Safes Contract by and between the City of Corpus Christi,Texas and Flint Hills Resources Corpus Christi, LLC dated 32018. 1. If Closing occurs under this Contract, the parties will execute and deliver a deed in the form attached to the Contract as Exhibit C(the"Deed").The Parties acknowledge that the Deed contains certain use-restrictions that will apply to the Property after Closing. 2. Except as provided for in the Contract, Seller DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,WITH RESPECT TO THE PROPERTY,rNCLUDING,BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE. Except as provided for in the Contract, BUYER SHALL ACCEPT THE PROPERTY IN AN "AS IS, WHERE IS" CONDITION, WITH ALL FAULTS OR DEFECTS, BOTH PATENT AND LATENT. 3.The Parties agree that Seller's liability for any breach of the warranty of title provided for in the Deed will be limited to a pro-rata refund of the Purchase Price or, if Buyer elects(at its option)to cure such title-related problem,the actual amount paid by Buyer to cure such title-related problem. 4.The environmental remediation obligations of Seller relating to the Property are detailed in the Deed. t3 Exhibit C This Exhibit is attached to and made a part of the Real Estate Sales Contract by and between the City of Corpus Christi,Texas and Flint Hills Resources Corpus Christi, LLC dated ,20l 8. RECORDING REQUESTED BY: CITY OF CORPUS CHRISTI,TEXAS Department of Engineering Services P. 0. Bax 9277 Corpus Christi,Texas 78469-9277 WHEN RECORDED MAIL TO: CITY OF CORPUS CHRISTI,TEXAS Department of Engineering Services P. 0. Box 9277 Corpus Christi,Texas 78469-9277 SPACE ABOVE FOR RECORDER'S USE GENERAL WARRANTY DEED "Deed" STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES ) THAT effective as of ,2018 (the"Effective Time"),Flint Hills Resources Corpus Christi, LLC("Seller"), a Delaware limited liability company,having a place of business at 4111 East 37`h Street North,Wichita,Kansas 67220, for and in consideration of good and valuable consideration paid by Buyer(as defined below),the receipt and sufficiency of which are acknowledged by Seller,has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT,SELL,and CONVEY to the City of Corpus Christi,Texas("Buyer"), a Texas municipal corporation and home rule city, the property more particularly described on the attached Exhibit A,such property being located in Nueces County,Texas, SUBJECT TO THE FOLLOWING EXCEPTIONS AND RESERVATIONS: (i.)All easements, restrictions,and reservations of record; and(ii.)To the extent Seller currently holds any right/tide/interest in and to the oil,gas and other minerals in,on,or under the property described in Exhibit A, Seller reserves unto itself all of its right, title and interest in and to the oil,gas and other minerals in,on,or under such property. Such above-described property(subject to the exceptions and reservations stated or referred to above) together with all and singular the rights and appurtenances belonging in any way to such property, shall hereinafter collectively be referred to as the"Property." 12 1.TO HAVE AND TO HOLD the Property,subject to the provisions contained herein, to Buyer,its successors and assigns forever,and Seller binds itself and its successors and assigns to warrant and forever defend all and singular the Property to Buyer and its successors and assigns against every person lawfully claiming or to claim all or any part of the Property(subject to the provisions stated above), and subject to the limitations on such warranty stated in that certain unrecorded purchase and sale agreement by and between Seller and Buyer relating to the conveyance of the Property(the"Contract"). 2. USE RESTRICTIONS. (a.)As used herein,the term"Property Owners"shall mean Buyer and Buyer's successors and assigns as relating to any right,title,or interest in the Property. (b.)As relating to the period from and after the Effective Time, Buyer agrees(on its behalf and on behalf of all other Property Owners)that: (i.) No water wells will be installed on the Property,nor will groundwater be withdrawn in any other manner from the Property(the foregoing restriction shall not relate to groundwater monitoring wells or environmental remediation wells); (ii.)In no event will the Property be used for any purpose other than industrial purposes or governmental utility supply purposes (such as water tanks/facilities); and (iii.)No underground storage tanks will be installed on the Property. 3. ENVIRONMENTAL PROVISIONS. (a.) As used herein, the term"Pre-Closing Contamination"shall mean soil and/or water environmental contamination(if any) on or about the Property to the extent, and only to the extent,that (i.)such contamination existed as of Effective Time(including, but not limited to, subsequent migrations of such contamination); (ii.)such contamination requires remediation under applicable law; and(iii.)such contamination was caused by or arose out of the activities of Seller(or Seller's predecessors)on or in the vicinity of the Property and was not caused or materially aggravated by Buyer or Buyer's predecessors, successors,or assigns. (b.)From and after the Effective Time, Seller shall retain responsibility(as between Seller and Buyer) for remediating Pre-Closing Contamination in accordance with applicable law. (c.)To the fullest extent permitted by applicable law,Buyer,on its behalf and on behalf of all other Property Owners(as defined above), agrees as follows: (i.)With respect to any Pre-Closing Contamination,Property Owners will not require Seller(or its affiliates)to conduct remediation activities in excess of that required by applicable law; (ii.)Property Owners shall allow Seller and its affiliates(and their agents and contractors) reasonable unrestricted access to the Property at any time for purposes of investigating any Pre- Closing Contamination and performing any actions relating thereto. Seller and its affiliates(and their agents and contractors)will make reasonable efforts to not unreasonably interfere with Property Owners' continued use and operation of the Property during such 13 investigation/remediation operations; and (iii.)Notwithstanding any other provision herein or in the Contract, Buyer agrees that it will be responsible(at no cost to Seller)for any special handling or disposal requirements relating to soil and`or water that is excavated from the Property by or for Buyer or other Property Owners,even if such soil/water contains or consists of Pre-Closing Contamination. 4. The covenants,conditions,and restrictions set forth in Paragraphs 2 and 3 above, shall apply to and bind each and every owner of any part of the Property and their respective successors and assigns,and shall operate as a covenant running with the land and passing with the title to the Property and any part thereof. The covenants,conditions,and restrictions contained herein shall continue unless and until terminated by Seller(or, if Seller ceases to exist,by its successors or assigns). Invalidation of any of the covenants,conditions,and restrictions set forth above in Subparagraph 2(b),whether by court order, applicable law,or otherwise,shall in no way affect any of the other covenants,conditions,and restrictions,all of which shall remain in full force and effect. TO HAVE AND TO HOLD the above described Property,together with all and singular,the rights and appurtenances in anywise belonging,unto Buyer, its successors and assigns forever, and Seller does hereby bind itself,its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the said Property unto Buyer, its successors and assigns,against every person whomsoever lawfully claiming or to claim the same or any part thereof,subject to the exceptions stated herein and in the Contract. Executed this day of ,2018 by: FLINT HILLS RESOURCES CORPUS CHRISTI, LLC By: Printed Name: Title: Accepted this day of ,2018 by: CITY OF CORPUS CHRISTI,TEXAS Department of Engineering Services P. O. Box 9277 Corpus Christi,Texas 78469-9277 Valerie H. Gray, P.E., Executive Director of Public Works 14 se o� � v AGENDA MEMORANDUM NOORPOBPIFuture Item for the City Council Meeting of August 21 , 2018 1852 Action Item for the City Council Meeting of August 28, 2018 DATE: August 21 , 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG(a-)-cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(a)-cctexas.com (361) 826-3169 Blower Repairs and Motor Alignment at Wastewater Treatment Plant CAPTION: Motion authorizing a one year Service Agreement with two one-year options with Massengale Armature Works Inc, of San Antonio, Texas, for the Blower Repairs and Motor Alignment services at Waste Water Treatment Plant for an amount not to exceed $107,700 with a total potential Multi-Year amount up to $323,100. PURPOSE: This service will provide the repairs necessary to ensure blowers repairs and motors alignment at the Waste Water Treatment Plant. BACKGROUND AND FINDINGS: The Wastewater Treatment Plants operate a combined total of approximately 40 blowers. These blowers are used in the secondary wastewater treatment phase. Aeration is the principal Wastewater Treatment Plant application for blowers. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received five responsive, responsible bids, and staff is recommending the award to the lowest, responsive, responsible bidder, Massengale Armature Works, 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: Utilities - Wastewater FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $1,644,035.09 $98,725 $1 ,742,760.09 Encumbered / Expended Amount $1,087,952.11 0 $1 ,087,952.11 This item $8,975 $98,725 $107,700 BALANCE $547,107.98 0 $547,107.98 Fund(s): Wastewater Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation SC G� SERVICE AGREEMENT NO. 1668 v Blower Repairs and Motor Alignments at WWTP `v00RPOfl ASEO 1852 THIS Blower Repairs and Motor Alignments at WWTP Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Massengale Armature Works Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Blower Repairs and Motor Alignments in response to Request for Bid/Proposal No. 1668 ("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 Blower Repairs and Motor Alignments ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 12-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $107,700.00,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: Joanna Moreno Department: Utilities Department Phone: (361)-826-1649 Email: JoannaM@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: Joanna Moreno Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, TX 78415 Phone: (361)-826-1649 Fax: (361)-826-4495 IF TO CONTRACTOR: Massengale Armature Works Attn: Micheal Thompson Title: Products Manager Address: 1031 Basse Road, San Antonio, TX 78212 Phone: (210)-777-8800 Fax: None 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE 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: 'TI&p,P.-c)d Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1668 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 O �a v . ATTACHMENT A: SCOPE OF WORK CCRiCR0.SE 1�859- 1.1 General Requirements/Background Information A. The Contractor shall provide blower repairs and motor alignments at City of Corpus Christi Waste Water Treatment Plants (WWTP). WWTP location address are outlined in section 1.3 of the Scope of Work. B. The Contractor shall provide labor, materials, parts, equipment and transportation necessary to carry out the services. The Contractor shall provide technical support as may be required by the City. C. The City's blower inventory outlined in Section 1.3 consists of approximately 40 multi stage centrifugal blowers of various brands, with HP range from 75- 300. A large percentage of these blowers consist of the following brands: Gardner Denver, Atlas Copco, Lasmson, Hoffman, and Spencer. D. All repairs and motor alignments shall be done in accordance with current blower nameplate data and conditions, drawings, standards and/or OEM specifications. 1.2 Blower Repairs and Motor Alignments A. Blower Repairs 1. The Contractor shall perform blower repairs, including but not limited to, disassembly, inspection, repair and remanufacturing. 2. Typical repairs may include but, are not limited to: a) Hone and de-burr all mechanical mating surfaces. b) Tap all threaded holes. c) Repair/replace impeller sleeves. d) Repair/replace impellers. e) Coat all parts with enamel coating. f) Replace radial and thrust bearings. g) Replace process seals. h) Repair/replace new blower shaft. 3. Disassembly and Inspection includes but is not limited to: a) Record any visual findings by drawings and digital photos. b) Clean by hydro/steam cleaning, solvent, and/or grit. c) All parts must be cleaned, and paint removed for non-destruction evaluation, and to obtain accurate measurements. d) Perform dimensional inspection and record; based on the inspection calculate and record the running clearances and check against OEM standards. Page 1 of 4 e) Perform runout inspection and record (shafts,impeller suction eyes etc.). f) Perform concentricity inspection and record (all register fits, bores etc.) g) Record components with digital photos. h) Perform on-destruction evaluation inspection and record (should be a level II or higher). i) Perform Positive Material Identification of all components and record. 4. General machine work and/or repair shall consist of, but is not limited to balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabrication, sand blasting, and coating of blower. 5. After repairs, the blower shall be repainted to manufacturer's recommendation and specifications, in a color approved by a Contract Administrator. 6. As repairs are needed, the City will contact the Contractor for repairs via email or phone. The Contractor shall pick up the blower within 24 hours of notification. Upon completion of the repair, the Contractor shall deliver the blower to the respective WWTP. 7. The City will load and unload blowers from Contractor's vehicle. Upon completion of repair and unloading of the blower, the Contractor shall perform the alignment of the blower. 8. The Contractor will be responsible for pickup and delivery of the blower. The Contractor shall arrange pickup and deliveries between 7:00 AM to 3:00 PM, Monday through Friday, excluding City holidays. 9. The City's equipment in Contractor's possession must be properly stored and secured at all times. 10. The Contractor's facilities may be subject to inspection at any time by a City representative. When deemed appropriate, the City reserves the right to use third party inspection services at the City's expense. 11. The City reserves the right to inspect the blower at any time during the repair. 12. The Contractor shall submit a repair estimate for each repair within five business days after receipt of blower. The repair estimate shall include any noted problems, special conditions, inspection results, conclusion/recommendations, visual findings by drawings or digital photos. The repair estimate shall be submitted electronically in PDF format via email and itemized as follows: a) Hourly labor costs, to include regular time and overtime (if approved, in writing) as allowed per contract. b) List of cost parts/components to be repaired and/or replaced. c) Parts/materials markup% as allowed by the contract. d) Shipping costs for parts/materials. e) Estimated repair time including any Delay time for parts/Materials. If repair time is expected to exceed ten business days, the Contractor must define the completion time and outline the reason for delay. Page 2 of 4 f) Cost to expediate parts/materials, if requested and approved by a City representative. 13. The City of Corpus Christi reserves the right to purchase repair parts and materials from other sources. The City reserves the right to audit Contractor's project cost at any time during the Contract term. 14. The Repair shall be completed within 10 business days of Purchase Order receipt, unless otherwise approved. A Purchase Order number will be submitted to Contractor via email. 15. City prefers new Original Equipment Manufacturer (OEM) parts; however, if the Contractor wishes to use new aftermarket parts, it must provide the City with the price and lead time of the OEM part and the price and lead time of the aftermarket part. Based on the price estimate and lead time, the City will make a determination whether to accept OEM or aftermarket part. The Contractor shall make a reasonable attempt to obtain parts at the lowest possible price. 16. The Contractor shall affix a nameplate to document workorder/job number, date of repair, and Company name B. Blower- Motor Alignment 1 . Contractor shall perform Blower-Motor alignment On-Site. 2. Typical blower-motor alignment services may include but are not limited to Installation of laser alignment system onto shafts, soft foot inspection with laser system, and correction if necessary, alignment with laser system, with required corrections, if needed, removal of laser alignment system, and removal of locks. 3. The City staff will contact the Contractor via phone and/or email. The Contractor shall respond within 24 hours. 1.3 Work Site and Conditions WWTP Plant Name Address No of Blowers 1 Broadway WWTP 801 Resaca 5 2 Oso WWTP 601 Nile 11 3 Greenwood WWTP 6541 Greenwood Dr. 5 4 Allison WWTP 4101 Allison Dr. 5 5 Laguna Madre WWTP 201 Jester 7 6 Whitecap 13409 Whitecap Blvd 7 1.4 Invoicing Each month, the Contractor shall invoice the City for Blower repairs and Motor Alignments. The Contractor's invoice must contain the following: a) Purchase Order Number. b) Plant name and Address. c) Model and Serial number of equipment. Page 3 of 4 d) Description of Service. e) Bill of Materials. f) Copies of all invoices for parts/materials (to verify markup g) Total hours billed, itemized by position and hourly rate. h) Shipping costs, to include copy of shipping bill/invoice plus any expediting cost, if applicable. i) Name of authorizing City representative. 1.5 Contractor Quality Control and Superintendence A. The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. B. The Contractor shall perform inspection of blower repairs/alignment prior to delivery to the City. 1.6 Warranty The Contractor shall provide at no additional cost to the City, a 12-month warranty for all repairs workmanship and motor alignment furnish by the Contractor in fulfillment of this contract. The Contractor shall provide a 12-month warranty or manufacturer warranty on parts and materials. The warranty shall commence on the date of acceptance of the work by the WWTP Work Coordinator. The remedy of the breach of warranty shall require the Contractor to correct or replace any defects found in materials and parts provided or for the correction of faulty workmanship. Page 4 of 4 opus Attachment B:Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION 1852 RFB No. 1668 Blower Repairs and Motor Alignment at WWTP PAGE 1 OF 1 Date: z- a� Authorized / Bidder: M4Qd(ratE , 2ks Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY HRLY Rate Total Price 1 Technician HRS 700 I pry /1► � M-F 8:00 AM-5:00 PM ov- /L Gca 2 Technician HRS 50 Afterhours, Weekends, Holidays 3 Helper HRS 150 M-F 8:00 AM-5:00 PM 4 Helper HRS 50 Afterhours, Weekends, GG Holidays �� " Estimated Spend Mark up (%} 5 Parts/Materials $40,000 Allowance for $5,000.00 6 Shipping Charge for $5,000.00 Materials/Parts Total 0 ATTACHMENT C: INSURANCE REQUIREMENT HflOflP6F1.1f 1852 1. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property Management one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager.The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change, or termination required on all 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 Page 1 of 3 WORKERS'S COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. IL ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi,TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy: • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Page 2 of 3 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City.City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payments) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Utilities Blower Repairs and Blower Motor Alignments 03/01/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 s cry' v ATTACHMENT D: WARRANTY REQUIREMENTS hCCpPOR•EO I832 The Contractor shall provide at no additional cost to the City, a 12-month warranty for all repairs workmanship and motor alignment furnish by the Contractor in fulfillment of this contract. The Contractor shall provide a 12-month warranty or manufacturer warranty on parts and materials. The warranty shall commence on the date of acceptance of the work by the WWTP Work Coordinator. The remedy of the breach of warranty shall require the Contractor to correct or replace any defects found in materials and parts provided or for the correction of faulty workmanship. Page 1 of 1 se GO O Va. AGENDA MEMORANDUM Future item for the City Council Meeting of August 21, 2018 Nc1852Ev Action item for the City Council Meeting of August 28, 2018 DATE: August 15, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG@Co)-cctexas.com 826-1718 San Patricio Municipal Water District Treated Water Contract Amendment CAPTION: Motion authorizing the Second Amendment and Extension to the Treated Water Supply Contract with San Patricio Municipal Water District (SPMWD). PURPOSE: To amend the contract to increase quantities; provide take or pay obligation; and extend term 40 years. BACKGROUND AND FINDINGS: The City of Corpus Christi through a Treated Water Supply Contract provides treated water to the SPMWD for the resale of municipal and industrial purposes. The proposed amendment to the Treated Water Supply Contract would 1) increase quantity by additional 27,000 acre feet for new total of 37,000 acre feet; 2) provide for take or pay obligation on 15,000 acre feet effective January 1, 2023; and 3) extend term 40 years. ALTERNATIVES: Do not authorize amendment; the current agreement expires March 2027. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Utilities; Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE 0.00 0.00 0.00 Fund(s): n/a Comments: RECOMMENDATION: Staff recommend approval of the Amendment LIST OF SUPPORTING DOCUMENTS: Second Amendment to and Extension of the Contract between the City of Corpus Christi and San Patricio Municipal Water District 1 SECOND AMENDMENT TO AND EXTENSION OF THE CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND SAN PATRICIO MUNICIPAL WATER DISTRICT FOR SUPPLY OF TREATED WATER Whereas, on March 17, 1997, the City of Corpus Christi ("City') and San Patricio Municipal Water District ("District") entered into a Treated Water Supply Contract with a term of 30 years; and Whereas, effective August 13, 2013, the City and the District entered into a Settlement Agreement and Mutual Release which amended the foregoing Treated Water Supply Contract, and the Treated Water Supply Contract, as amended by the Settlement Agreement and Mutual Release, is hereinafter referred to as the Contract; and Whereas, the Contract provides for the City to provide the District with 10,000 acre feet of treated water on annual basis; Whereas, the parties desire to further amend the Contract regarding quantity and price of water and also extend the Contract as amended; In consideration of the above recitals and the mutual promises, covenants, and agreements, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree to amend sections of the Contract and add new sections to the Contract. This Second Amendment to and Extension of the Contract between the City and the District (herein "Second Amendment and Extension") amends the Contract Section 1 (Term); Section 2 (Use and Quantity of Water); Section 3 (Point of Delivery); Section 6 (Fixed Minimum Obligation); Section 13 (Force Majeure) and Section 14 (Resolution of Rate Disputes), and adds new Section 30 (Backflow Prevention Devices and Other Regulatory Requirements); Section 31 (Required Notices); Section 32 (District Service Obligations-Service Areas); and Section 33 (Required Statement Regarding Effectiveness of Contract), to read as follows: 1. TERM. The term of the Contract is amended and extended to continue for an additional forty (40) years from the Effective Date of this Second Amendment and Extension. After such additional forty-year term,the term of this Contract shall be renewed for additional terms of ten (10) years each, only upon written agreement by both Parties. 2. USE AND QUANTITY OF TREATED WATER. a. Subject to and as limited by the provisions of Section 6 below, the City agrees to allow the District to divert, and use consumptively, treated water for municipal and industrial purposes in such quantity as may be required by the District, but not exceeding a total of 2 37,000-acre feet (10,000 acre feet of which shall be designated as Reserve Capacity as set forth in Section 6(a) below) in a calendar year (January 1 to December 31). Treated water includes water treated at the City's O.N. Stevens Water Treatment Plant and may also include any other treated water available from any other City facility, so long as it is potable quality. b. However, if an emergency situation arises, the City may deliver additional treated water. The City Manager or designee ("City Manager") will determine how long the extra deliveries will last, the rate at which deliveries will be increased, and whether the increased deliveries will exceed 37,000-acre feet during a calendar year. c. Except as provided in subparagraph 2.b., if the District's projected needs for treated water exceed 23,000 gallons per minute, the District will notify the City Manager of the District's needs at least 90 days prior to date on which the increased deliveries are needed. The District agrees to provide at least 2 years advance notice if requested increase exceeds 20% of amount stated in subparagraph 2.a. The City Manager will determine whether there is sufficient capacity within the system to allow an increased rate of delivery after considering the City's planned needs and the needs of its other water customers. The City Manager will determine whether water can be delivered at an increased rate and the rate to which deliveries will be increased, and notify the District's Representative of the decision. d. The District may request an increase in the amount of treated water delivered in a year based on the extent of then uncommitted available water. The City Manager will consider the City's planned needs, the needs of its other water customers, and the needs of other communities in the region before committing to any increase in the District's annual deliveries. However,the City is under no obligation to authorize an increase in the annual deliveries. In event an increase in the annual deliveries is authorized, this contract must be amended in writing to show the amount of increased deliveries. e. Title to and possession of the treated water passes to the District at the points of delivery. 3. TWO POINTS OF DELIVERY OF TREATED WATER. The City will deliver the treated water to the existing delivery point at the City's J.W. Cunningham facility, and to the additional delivery point described on Exhibit "A" /or any other delivery points agreed to by letter agreement of the City Manager and the District Executive Director. 6. RESERVE CAPACITY, CAPACITY FOR DESIGNATED CUSTOMER AND FIXED MINIMUM OBLIGATION OF TREATED WATER TO SERVE DESIGNATED CUSTOMER. 3 a. Out of the total 37,000 acre feet of treated water capacity set forth in Section 2 above, 10,000 acre-feet of treated water capacity is hereby designated as "Reserve Capacity'. Except for emergencies subject to Section 2(b)above,the District shall provide at least 2 years' advance written notice to the City of the District's intent to utilize the Reserve Capacity prior to use by the District. b. The remainder of the 37,000 acre feet of treated water capacity set forth in Section 2 above, being 27,000 acre feet, shall be made available to the District by the City only for the period of time during which the contract between the District and Gulf Coast Growth Ventures LLC ("Designated Customer") is in effect. SPMWD must provide the City at least 90 days advance written notice prior to SPMWD actually taking any portion of the 27,000 acre feet. c. Commencing on January 1, 2023, and continuing so long as the contract between the District and its Designated Customer is in effect, the District is obligated to purchase minimum of 15,000 acre-feet per calendar year ("Take-or-pay Amount") at the monthly take or pay rate for public agency for resale, as adopted by City ordinance and which is in effect at the time of delivery. Notwithstanding the foregoing sentence, if the Designated Customer makes technological or other improvements or changes to operations of its facility that will result in a reduced anticipated water usage, and provided the Designated Customer provides documentation of such a change, then the City and District agree to review such documentation and to negotiate changes to this Contract to reduce the 27,000 acre feet commitment in Section 6(b) above and the minimum take or pay purchase requirement in this Section 6(c). In addition, if the City is unable due to drought conditions to provide sufficient treated water to the District in an amount at least equal to the District's then-existing minimum purchase requirements, the District shall only be required to pay for the actual amount of treated water delivered by the City. Once the provisions of the preceding paragraph are in effect, for any calendar year in which District has purchased less than the take-or-pay amount, City shall invoice District for the difference between the actual amount of treated water purchased during that calendar year and the take-or-pay amount. If Designated Customer's Facility(which is located in San Patricio County, bounded on the east by FM 2986, bounded on the north by US 181, bounded on the west by CR 3677 and bounded on the south by CR 1612) is prevented from operating fully due by reason of a force majeure event(s) described in Section 13 and during a calendar year in which the District has purchased less than the Take-or-pay Amount,then subject to City's receipt of required notice and City's concurrence of the existence of a qualifying force majeure event, which concurrence by the City shall not be unreasonably withheld, the calculation to determine the difference between the actual amount of treated water purchased during that calendar year and the Take-or-pay amount shall be adjusted to actual use and prorated to reflect the period of such down time; however any such adjustment(s) shall be for actual period of down time, not to exceed maximum of six months ("Period of Take-or-Pay Adjustment"). Subject to City's concurrence of a 4 qualifying force majeure event, the Period of Take or Pay Adjustment initiates as of the date of the qualifying force majeure event. Immediately upon the conclusion of the Period of Tax-or-Pay Adjustment, the District must resume payment of the Take-or-Pay Amount even if the qualifying force majeure event continues beyond the maximum six month Period of Take-or-Pay Adjustment. d. If the payment due the City from the District for treated water withdrawn during the billing period under consideration exceeds the minimum, then payment must be made for the amount due. 13. FORCE MAJEURE. If the City or District is prevented, wholly or in part, from fulfilling its obligations under this Contract by reason of any act of God, unavoidable accident, acts of enemies, strikes, fires, floods, conservation of water for those with superior and legal rights to such water,governmental restraint or regulation, other causes of force majeure, or by reason of circumstances reasonably beyond its control, then the obligations of City or District, as provided in this Contract, are temporarily suspended during continuation of such force majeure. No damage is recoverable by the District from City by reason of the temporary suspension of delivery of water due to any of the causes above mentioned. If the City's obligation is affected by any of such causes, the City will promptly notify the District's Representative in writing, giving full particulars of such majeure as soon as possible after the occurrence of the cause or causes relied upon. If Designated Customer's Facility(which is located in San Patricio County, bounded on the east by FM 2986, bounded on the north by US 181, bounded on the west by CR 3677 and bounded on the south by CR 1612) is prevented from operating fully by reason of acts of God, unavoidable accident, acts of the public enemy, strikes, floods, fires, governmental restraint or regulations, or for any other cause beyond Designated Customer's control, then subject to the District's providing 30 days' notice to the City of said event, the District's minimum take or pay purchase obligations will be adjusted to reflect the actual use during such force majeure(s) per the terms of Section 6(c). 14. RESOLUTION OF DISPUTES. In the event of any dispute between the parties under this Contract, the parties shall first attempt in good faith to settle and resolve such dispute. The party shall provide written notice of the dispute and allow at least 30 days for written response prior to initiating any further action. If dispute cannot be resolved by mutual agreement, then resolution shall be in accordance with applicable law. The parties agree to further amend the Contract by adding new Sections 30 through 33 to the Contract to read as follows: 30. BACKFLOW PREVENTION DEVICES AND OTHER REGULATORY REQUIREMENTS 5 a. District shall design, construct, operate, and maintain its water system in compliance with all applicable Federal, State and local laws. b. District shall ensure that all connections with the City water system contain backflow prevention device and/or air gaps consistent with City Plumbing Code requirements and in compliance with State laws. Notwithstanding the foregoing,the City agrees to provide District with a variance, if such variance is approved by the Texas Commission on Environmental Quality("TCEQ"),for the air gap installation at the storage tank at the District's Designated Customer's Facility to allow for less than two pipe diameters between the top of the tank and the water surface due to the large 48" diameter of the pipe. District shall not allow any other party to connect with the City water system. The City reserves the right to immediately disconnect water connections in violation of this requirement without any notice to District and without any penalty or liability to City. C. District grants the City and its officers agents employees to go upon District property at any time to inspect for compliance with these requirements. 31. REQUIRED NOTICES a. District shall notify City in writing at least two weeks prior to making any change in its planned diversion rates, not to exceed the maximum diversion rates specified in this Contract. Such notice shall include District's anticipated diversion rate. b. District shall provide to City a demand or use schedule that estimates District's annual usage, and any increases to it over time ("Demand Schedule"). District shall update its Demand Schedule and provide to City not less than once a year or following written request from City. C. District shall provide copies of any termination notice received from the District's Designated Customer within 10 business days of the District's receipt of such notice. 32. DISTRICT SERVICE OBLIGATIONS—SERVICE AREAS District agrees to make its treated water available for sale to the City and treat the City the same as any other treated water customer within San Patricio County. 33. REQUIRED STATEMENT REGARDING EFFECTIVENESS OF CONTRACT. This Contract's effectiveness is dependent upon the compliance by the City and the District with 30 Texas Administrative Code 295.101 and Chapter 297, Subchapter J of Title 30 of the Texas Administrative Code (relating to Water Supply Contracts and Amendments). 6 All other terms and conditions of the previously executed Contract between the parties which are not inconsistent herewith shall continue in full force and effect. By signatures below, the parties agree that the Contract as amended by this Amendment and Extension Agreement, constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements or settlement agreement between the parties respecting the within subject matters. The parties have executed this Amendment and Extension Agreement in multiple counterparts, and each executed copy shall be considered as an original, with all terms effective as of date of last signature ("Effective Date"). 7 SAN PATRICIO MUNICIPAL WATER DISTRICT By: President ATTEST: By: Secretary/Treasurer ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF SAN PATRICIO This instrument was acknowledged before me on the day of , 2018 by , President of the San Patricio Municipal Water District, on behalf of said district, after approval of the Board of Directors on 12018. Notary Public 8 CITY OF CORPUS CHRISTI By: City Manager ATTEST: By: Rebecca Huerta, Secretary ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 2018 by , City Manager of the City of Corpus Christi, Texas, on behalf of said city, after approval of the City Council on 12018. Notary Public RANDY AND LaJEAN C U RTIS 3.18 ACRES N.P.C.C.F.VOL 2006, PAGE 1022 NORTH MARCH 31, 1986 PROPOSED LOCATION OF CITY OF CORPUS CHRISTI METER N JOHN C.TAMEZ AND O // ELOY H.SALAZAR 14.72 ACRES NSEPTE.F.NO.877829 SEPTEMBER 3, 1993 / CITY OF CORPUS CHRISTI CITY OF / CORPUS CHRISTI PROPOSED ROUTE OF 54"AND 48" WATERLINE �. CITY OF ■ -A CORPUS CHRISTI �y3j FR�N� UP RIVER ROAD JOA J. SCHWARZ & ASSOCIATES, INC. """""""""""" Professional Eno neering Solutions JAMES J;SCHWARZ �H3 j iP 89466 i EXHIBIT A Pao lO®\SS/ONAL ENG\?���� 54" AND 48" TREATED TRANSMISSION WATERLINE PROJECT REVISION DATE SAN PATRICIO MUNICIPAL WATER DISTRICT t::: D— 8/14/18 £YAnf£ METERLOC a V°s°oNN1MeEa 0 EEr0001 joe__R ec-Ea wie 2017001 F-8138 1"=150' se O H v NC4RPORP1E AGENDA MEMORANDUM 1852 Future Item for the City Council Meeting of June 19, 2018 Action Item for City Council Meeting June 26, 2018 DATE: 5/14/2018 TO: Keith Selman, Interim City Manager FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB(o-)-cctexas.com 361-826-3021 Resolution adopting an Affordable Housing Policy and Program Initiatives for the City of Corpus Christi CAPTION: Resolution adopting an Affordable Housing Policy and Program Initiatives for the City of Corpus Christi. PURPOSE: The purpose of the resolution is to adopt a policy and program initiatives pertaining to Affordable Housing within the City of Corpus Christi. The policy, once adopted, is intended to provide development incentives for new single family residential construction for low- and moderate-income eligible persons, promote affordable housing core values, encourage private sector development of affordable housing and community development, promote sustainable practices, promote the construction of housing that is affordable to the community's workforce, and encourage infill housing development. BACKGROUND AND FINDINGS: On February 27, 2018, City staff made a presentation to City Council regarding an Affordable Housing Policy and Program Initiatives. During the discussion, City Council provided staff guidance to move forward with the Policy and Program Initiatives and bring forth additional information and a possible Ordinance. Since the February 27 City Council meeting, City staff has met numerous times to streamline the approach to the Affordable Housing Policy and Program Initiatives. The policy and program initiatives will provide affordable housing development by implementing Element 3: Housing and Neighborhoods —Goal 1 and Goal 9 of the PlanCC Comprehensive Plan housing goals and strategies. The strategies will apply to city-wide developed or undeveloped lots to promote the development of single-family residential homes. Multi-family projects are currently supported by a Resolution for Housing Tax Credits and/or by HOME Program funding. Element 3 of PlanCC Comprehensive Plan is Housing and Neighborhoods. Goal 1 indicates Corpus Christi has a comprehensive housing policy to advise the City on development of quality housing for residents of all income levels in all parts of the city. This policy will serve as an affordable housing policy guide to support Strategy 1. Strategy 1 supports a community-based system to develop and implement a housing policy that includes stakeholders from government, the nonprofit sector, and the private sector. Goal 9 of Element 3 is the design of new developments to promote a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complexes developments with a lack of interconnection. This policy supports Strategy 1 which gives consideration to regulations, projects, incentives, and guidelines that promote interconnected development, such as developments with a well-connected street network or appropriate connections to neighboring subdivisions, destinations or bicycle/pedestrian facilities. The policy will support existing affordable housing programs and will also establish a proposed Gap Financing program to further assist low to moderate income-qualified homebuyers into affordable housing. The policy will also propose an Affordable Housing Reimbursement Program which will reimburse development fees associated with affordable housing. Those likely to use the program(s) are those who purchase a house sold for $150,000 or below. Those families are the typical client and those approved by banks for that price range. ALTERNATIVES: Do not adopt the policy. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal Development Services Housing and Community Development FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: Staff recommends the adoption of the Affordable Housing Policy and Program Initiatives. LIST OF SUPPORTING DOCUMENTS: Resolution Affordable Housing Policy and Program Initiatives PowerPoint Presentation VOUS dog 0 J ti � aPoa�o � 7852 CITY OF CORPUS CHRISTI AFFORDABLE HOUSING POLICY AND PROGRAM INITIATIVES 2018 Housing and Community Development Department ffordable Housing Policy and Program Initiatives City of Corpus Christi will establish local policy and program initiatives to provide affordable housing development by implementing Element 3, Housing and Neighborhoods; Goal 1 and Goal 9 of the PlanCC Comprehensive Plan housing goals and strategies. Local policy and program initiatives will provide housing, community development and economic development that benefit eligible residents so that they have access to livable neighborhoods and increase opportunities for self-sufficiency. II. Benefits •To provide development incentives for new single family residential construction affordable housing. • Promote Affordable Housing Core Values; Long-term Affordability, Geographic Dispersion, Deeper Levels of Affordability. • Encourage private sector development of affordable housing. i ® • Expand and/or establish alternative revenue sources. • Provide leadership and education for affordable housing and community development. • Promote sustainable practices. • Promote the construction of housing that is affordable to the community's workforce. ,a AMkL • Encourage the implementation of the Infill Housing development. III. Definitions "Affordable Housing", is defined as housing for which an occupant pays no more than 30% of his or her income for gross housing expenses such as rent and utilities AND as defined under 42 U.S. Code Chapter 130, Subchapter II, Part A 12745 as follows: (b) Housing that is for homeownership shall qualify as affordable housing under this subchapter only if the housing; (1) has an initial purchase price that does not exceed 95 percent of the median purchase price for the area, as determined by the Secretary with such adjustments for differences in structure, including whether the housing is single-family or multifamily, and for new and old housing as the Secretary determines to be appropriate; (2) is the principal residence of an owner whose family qualifies as a low and moderate income family (per the Income Eligibility Criteria as determined by the Department of Housing and Urban Development (HUD) on Page 3); (3) Is subject to resale restrictions that will ensure that the housing will remain affordable to a range of low-income homebuyers for a reasonable period of time; (4) if newly constructed, meets the energy efficiency standards promulgated by the Secretary in accordance with section 12709 of this title. "Infill lot" or°°infill housing" is the use of land within a built-up area for further construction, especially as part of a community redevelopment or growth management program or as part of smart growth. This means the construction of new residential housing units built on site on a vacant lot or built on two non-conforming lots by re-platting through an administrative plat to remove the lot line. City of Corpus Christi Affordable i-iousing Poky ana Program initiatives 2W8 8 Page 'i of« mplementation 1:n City of Corpus Christi will focus on Goal 1 and Goal 9 by establishing the following policies and program initiatives to support the goals, strategies. These will apply city-wide to developed or undeveloped lots to promote the development of single-family residential homes and multi-family residential homes(i.e.,townhomes, duplexes,etc.,)affordable housing development in privately owned and City owned vacant lots and includes all zoning districts. The following are the key goals for Element 3 in the PlanCC Comprehensive Plan: Element 3: Housing and Neighborhoods 1. Corpus Christi has a comprehensive housing policy to advise the City on development of quality housing for residents of all income levels in all parts of the city. ® ® 2. Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. 3. Chronic homelessness addressed in an organized and sympathetic manner. 4. Housing is in good condition and code-compliant. 5. New and redeveloped housing is resource-efficient. 6. New cost-effective residential subdivisions are established in high-growth corridors to support the demand for new housing. 7. Corpus Christi sustains and maintains established neighborhoods. 8. Neighborhoods are enhanced by investments in "urban villages" to improve quality of life. 9. The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complexes developments with lack of interconnection. Housi ng Goal 1: Corpus Christi has a comprehensive housing policy to advise the City on development of quality housing for residents of all income levels in all parts of the city. Strategy 1. Support a community-based system to develop and implement a housing policy that includes stakeholders from government, the nonprofit sector, and the private sector. C) 2. Support nonprofit organizations in housing production and explore creation of Community Development Corporations that assist with neighborhood revitalization projects. The City of Corpus Christi will support a community-based system to develop and implement a housing policy that includes stakeholders from government, the nonprofit sector, and the private sector and nonprofit organizations in housing production and explore creation of Community Development Corporations that assist City of Corpus Christi Affordable Housing Policy and Program Initiatives 2018 Page 2 of 4 with neighborhood revitalization projects. e0)ough its Housing and Community Development Department (HCD), the City of Corpus Christi will tinue to provide the Down Payment Assistance Program,the Closing Cost Program, and the HOME stment Partnerships Program to establish and preserve affordable housing projects. The City will continue to apply, comply and receive Housing and Urban Development (HUD) funding to continue the programs. The City will establish Gap-Financing to further assist with single family residential ownership to facilitate affordable housing production and neighborhood revitalization. Corpus Christi Business and Job Development Corporation-Affordable Housing The Program will provide the homebuyer up to $10,000 down payment assistance in the form of a deferred forgivable loan at zero percent interest amortized over a 5-year period. HOME Program The HOME program is to assist homebuyers with closing costs to purchase an existing pre-owned home, or new construction home. The homebuyer will be provided up to $10,000 in the form of a deferred forgivable loan at zero percent interest amortized over 5 years. In order to be eligible, the homebuyer must meet low-and moderate-income limits: must not currently own a home and must use the home being An purchased as their principal residence. sum Gap Financing The City through the HOME program will provide Homebuyer Gap Financing as a stand-alone option Assistance Program to eligible homebuyers with a total household income of less than 80%AMI with up to $20,000 to purchase a newly constructed home within the City limits of Corpus Christi. Low&Moderate Income-Homebuyer Assistance Family Size 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 nnua income HOME Income Eligibility Criteria effective April 1, 2018 (subject to change based on HUD's annual income updates) The City supports providing affordable housing in areas outside of low-income neighborhoods: thereby reducing race and ethnic segregation, deconcentrating poverty, and providing for more economic opportunities for low-income households. Community Identity and Sense of Place Goal 9: The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complexes developments with a lack of interconnection. Strategy 1. Give consideration to regulations, projects, incentives, and guidelines that promote , Corp_Christi Affordable, „ - , Initiatives 20— -of 4 t1wconnected development, such as developments with a well-connected street network or appropriate ections to neighboring subdivisions, destinations or bicycle/pedestrian facilities. 2. Support making safe pedestrian and bicycle routes available in new and redeveloped areas where appropriate and consider offering financial or non-financial incentives. 3. Encourage appropriate transitions between commercial and residential developments and between high and low-density residential developments. The City will encourage private sector development of affordable housing by creating a development fee reimbursementordinance to incentivize projects to encourage the development of affordable housing and target affordable housing to create denser development located close to transit and other amenities. ® ® Development Fee Reimbursement The City will create an ordinance to authorize the City Manager or his designee to reimburse certain development fees for lots developed and sold as single-family affordable housing. The fees which may be AMEL AM reimbursed, on a pro rata basis, include the following: • Plat application fees •Zoning fees • Community Enrichment fees • Building permit application fees • Building inspection fees •Water tap fees •Wastewater tap fees • Gas tap fees In accordance with the Unified Development Code ("UDC'), Community Enrichment Fees, Section 8.3.6, if the City accepts the fee in lieu of land, the fees shall be placed in the City,s Community Enrichment Fund and shall be used for the acquisition or improvement of neighborhood, community, and/or regional 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 five 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. The City will explore alternative funding sources to replenish Development Services fees associated with affordable housing program development. City of Corpus Christi Affordable Housing Policy and Program Initiatives 2018 Page 4 of 4 Resolution adopting an Affordable Housing Policy and Program Initiatives for the City of Corpus Christi, Texas. WHEREAS, on September 27, 2016, the City Council of the City of Corpus Christi, Texas adopted and approved a Comprehensive Plan, "Plan CC Comprehensive Plan" to guide development and growth in the City for the next 20 years; and WHEREAS, Element 3 of the Plan CC Comprehensive Plan set out the vision and goals for Housing and Neighborhoods in the City, including goals for affordable housing in the City, both existing affordable housing and support for new affordable housing projects in the City; and WHEREAS, in accordance with the vision and goals set out in Element 3 of the Plan CC Comprehensive Plan, the Housing and Community Development Department has prepared an Affordable Housing Policy and Program Initiatives document for City Council review and consideration which is attached hereto as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Affordable Housing Policy and Program Initiatives document attached hereto as Exhibit "A" will promote the public health, safety and welfare of the City and its citizens and is hereby adopted. 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 Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of , 2018 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Affordable Housing Policy and Program Initiatives Resolution June 19, 2018 Introduction • Definition of Affordable Housing • Research • What does it mean for Corpus Christi • Tying Affordable Housing initiative to existing Plan CC and implementation through policies and program initiatives • Programs in the near future What is Affordable Housing • Housing for which the occupant(s) is/are paying no more than 30% of their income for gross housing costs, including utilities. • Affordable Housing, per this policy, is the above definition and must include income eligibility guidelines. • Ex: Family of 4 cannot exceed an annual income of $51,500. Monthly housing, excluding utilities, cannot exceed 51.287.51. Research Other Texas Communities • Tying affordable housing to area development plans • Establishing Funding Sources • Policies ✓ Established at local government level • Programs ✓ Increase local funding ✓ Gap Financing ✓ Partnerships ✓ Zoning Ordinances ✓ Land Acquisition ✓ Infill housing What does this mean for Corpus Christi • Creation of an Affordable Housing Policy and Program Initiatives ■ Tying initiative Plan CC and implementation of Element 3, Housing and Neighborhoods o Goal 1 — Corpus Christi has a comprehensive housing policy to advise the City on development and quality housing for residents of all income levels in all parts of the city. o Goal 9 — The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complexes developments with lack of interconnection. ■ Building and Permit fee reimbursement Plan CC - Element 3, Housing and Neighborhoods Goal 1: Corpus Christi has a comprehensive housing policy to advise the City on development of quality housing for residents of all income levels in all parts of the city. • Strategy ■ Support a community-based system to develop and implement a housing policy that includes stakeholders from government, the nonprofit sector, and the private sector Plan CC - Element 3, Housing and Neighborhoods Implementation • Continuation of Homebuyer Assistance Programs ■ Down Payment Assistance Program (Type A) ■ Closing Cost Assistance Program (HOME Program) • Establishing a Gap Financing Program — Funds used Program Income (revenue generated from the HOME Program) • Entering into the development process — Funds used HOME Program Entitlement funds Plan CC - Element 3, Housing and Neighborhoods Goal 9: The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartments complexes developments with lack of interconnection. • Strategy ■ Give consideration to regulations, projects, incentives, and guidelines that promote interconnected development Plan CC - Element 3, Housing and Neighborhoods Implementation • The City will encourage private sector development of affordable housing by creating a development reimbursement program ordinance. ■ Plat application fees on a pro rata basis ■ Zoning fees on a pro rata basis ■ Community Enrichment fees on a pro rata basis ■ Building permit application fees ■ Building permit inspection fees ■ Water tap fees ■ Wastewater tap fees ■ Gas tap fees @Affordable Housing Reimbursement Program • The Affordable Housing Reimbursement Program will be administered by Development Services • Reimbursements are for owner-occupied housing that does not exceed current purchase price limit of new construction homes. • Application for reimbursement must include: • Deed • Contract of Sale • Proof of Permit Fees • To qualify for reimbursement: • Deed must include a covenant restricting the sale of the dwelling unit for more than $220,400 within five years from the initial date of the deed • This restrictive covenant runs with the land and must be recorded in the Official Public Records of Nueces County, Texas low Questions • SC 00 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2018 NCDRPOPPSEAction Item for the City Council Meeting of August 28, 2018 1852 DATE: August 7, 2018 TO: Keith Selman, Interim City Manager FROM: Jay Ellington, Director of Parks and Recreation jayell@cctexas.com (361) 826-3042 Service Agreement to Manage and Operate the HEB Tennis Center CAPTION: Motion authorizing a service agreement with Sweet Spot Tennis, LLC for management and operations service for HEB Tennis Center. PURPOSE: Staff is recommending a service agreement with Sweet Spot Tennis, LLC to manage and operate the HEB Tennis Center to reduce expenses and increase revenue for the Corpus Christi Park and Recreation Department. BACKGROUND AND FINDINGS: The request for proposal (RFP) was advertised issued October 7, 2016 and a pre- proposal conference was held October 14, 2016. On March 21, 2017, staff made a recommendation to Council. That recommendation was rejected. A desk audit of the current agreement was conducted in November 2017. A second RFP was advertised on September 24, 2017 with a due date for all proposals of October 25, 2017. Purchasing requested a 120-day extension of the responsive Proposal Offer. Staff recommends awarding a service contract agreement to Sweet Spot Tennis, LLC until December 31, 2018; the City will pay the Contractor $4,138.00 per calendar month, Contractor will retain 95% of the Pro Revenue and 50% of the City Fee Revenue. ALTERNATIVES: Self (City) Operation 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: Park & Recreation, Finance - Purchasing FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $49,656 0 0 Encumbered / Expended Amount $41,380 0 0 This item $4,138 $12,414 $16,552 BALANCE $4,138 0 0 Fund: General Comments: The Parks & Recreation department will also request the Finance — Purchasing department to put another RFP out by October 1, 2018. This will be evaluated and brought to Council for consideration of award by December 1, 2018. This will be a 5-year operating agreement with proposed extensions. RECOMMENDATION: Park & Recreation staff recommends the approval of the service agreement. LIST OF SUPPORTING DOCUMENTS: Service Agreement SERVICE AGREEMENT NO. HEB TENNIS CENTER MANAGMENT THIS HEB Tennis Center Management Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Sweet Spot Tennis, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, City desires to have Contractor provide short-term management and operational services for the HEB Tennis Center in response to a proposal obtained from the Contractor; NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide HEB Tennis Center Management ("Services") in accordance with the attached Scope of Work, as shown in Attachment A and as shown in Attachment B, and the City's RFP No. 1333 the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 2. Term. This Agreement is for approximately four months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division and ending upon effective date notice of termination from the Contract Administrator or upon effective date of a new contract for Services, whichever occurs first. However, this Agreement shall automatically terminate as of December 31, 2018 unless earlier terminated. 3. Compensation and Payment. The City will pay the Contractor $4,138.00 per calendar month for Services completed and accepted by the City within 30 days of receipt of an acceptable invoice. In the event the initial term does not begin at start of a calendar month the initial monthly invoice shall be paid on a pro rata basis. The Contractor will retain 950 of the Pro Revenue and 500 of the City Fee Revenue as Contractor's revenue as further defined in Attachment A. The City will obtain 5% of the Pro Revenue and 500 of the City Fee Revenue as further defined in Attachment A. 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: Becky Perrin, Assistant Director Parks & Recreation Department (361 ) 826-3498 BeckyP@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. 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. 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. 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: Becky Perrin, Assistant Director Parks & Recreation Department 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: (361) 826-3864 IF TO CONTRACTOR: Sweet Spot Tennis, LLC Attn: Gerald S. Tjon-A-Joe President 14145 La Blanquila Dr., Corpus Christi, TX 78418 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. 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 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 and its attachments, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement; then, B. its attachments. 22. Governing Law and required disclosures.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. 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. 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. 22. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Scope of Work Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Attachment E: Approved Contractor Fee Schedule Attachment F: Approved City Fee Schedule RFP No. 1333 AL Kruse and H-E-B Tennis Center Management and Program Services Attachment A: Scope of Work 1. General Requirements A. The Contractor will operate and manage the City of Corpus Christi's HEB Tennis Center ("The Center") located at 1520 Shely Street, Corpus Christi, TX 78404. B. The City will pay the Contractor $4,138.00 per month, payable monthly by the tenth business day of each calendar month during this contract for this service. Any fee due after fiscal year 2018, is subject to appropriation by City council in the applicable fiscal year budget. C. Contractor shall be granted the exclusive right to operate and collect 950 of the revenue from a Pro Shop at the Center including the right to: 1 . Sell Merchandise 2. Rent rackets, ball machines, buckets of balls 3. String and repair rackets 4. Operate a food and drink concession 2. Scope of Work A. Contractor shall operate the tennis center in conformity with the laws of the State of Texas and ordinances, rules and regulation of the City of Corpus Christi. B. Contractor shall operate and manage the Center, including without limitation, all activities in the locker/restroom. C. Contractor shall employ a sufficient number of employees to assist in conducting lessons, operating the Pro Shop, and scheduling courts. All employees shall be employees of the Contractor, not the City. D. Contractor shall provide fidelity bonds for Contractor and any employees who handle cash or credit cards. These bonds must be provided to the Contract Administrator and must be a good and sufficient fidelity bond in the sum of Five Thousand ($5,000) Dollars, written by a corporate surety duly licensed under Texas laws to write fidelity bonds. These bonds must be kept in effect for the entire term of this agreement and any holdover period. These bonds must assure payment to the City of all City revenue collected by Contractor and Contractor's employees on behalf of the City and the prompt payment of five (5%) percent of Contractor's revenue, including lesson revenue, to which City is entitled. E. At Contractor's cost, Contractor and any assistants, sub-contractors or support personnel shall complete a national background history check with the City prior to instructing. The City shall retain the right to prohibit anyone from working on this agreement based on the results of the background check. F. Contractor shall ensure all employees conduct themselves in an orderly manner and in keeping with the conduct required of employees in service organizations. Contractor shall ensure that employees do not consume intoxicating substances on premises or report to work under the influence of same. Contractor and its employees shall use language and conduct that is suitable to families and youth. G. None of the contract services may be subcontracted without the prior written approval of the Contract Administrator. Contractor may not charge nor collect any fees or rents for use of office spaces. The Director may be authorized to rent some of the office space to non-profit tennis organizations as authorized under separate contracts. H. Contractor shall adequately publish and enforce all rules and regulations governing the playing of tennis, fees and all other activities, as may be conducted at the Center. The approved Contractor fee schedule is attached as Attachment E. Any additional Contractor fees or changes to the Contractor Fee schedule must be approved in advance in writing by the Contract Administrator. The approved City fee schedule is attached as Attachment F. Contractor must not deviate from the approved City fee schedule. I. Contractor will provide suitable signage at the Pro Shop advising the public that the business activity is operated by the Contractor as an independent contractor and not operated by the City. J. Contractor must maintain and promote a continuing program to attract citizens and tourists to use the Center, particularly weekend play, and must maintain rental tennis rackets for use by the public. A schedule of hours of operation for must be posted and filed with the Contract Administrator. K. Contractor shall organize, promote, recruit and conduct local and United States Tennis Association (USTA) sanctioned tennis tournaments. L. Contractor shall promote the game of tennis through youth programs. M. Contractor must submit to the Contract Administrator, before the first of each month, a program of activities for the forthcoming month identifying, at a minimum, leagues, lessons, youth and adult programs, tournaments by dates and estimated number of participants and hours of operation. N. Contractor must notify the Contract Administrator of all dangerous conditions or special defects. Contractor must not use, or allow to be used, any areas of the Center which has dangerous conditions or special defects. O. Contractor shall be responsible for providing all necessary supplies to operate and manage the tennis center. The Contractor may collect and retain rental fees for the utilization of their equipment such as ball machines. P. Contractor shall be responsible for picking up trash generated by use of the Center for classes, tournaments, clinics, camps, etc. This includes trash on and immediately around the courts, restroom facility, and office at the beginning or conclusion of use. Trash is defined as any discarded, unwanted or worthless material or object. Q. Contractor shall make no alterations to the Center without the Contract Administrator prior written approval. R. The City is responsible for custodial and utility service to the Tennis Center property. The City is responsible for all agreed premise maintenance and minor repairs at the agreed premises. Operator shall allow the City or its designees entrance during regular business hours for the purpose of agreed premise maintenance. In consideration of this, it is agreed that operator must make no claim for any damages against the City for loss of income due to the City's failure to make any repairs. S. Contractor shall make a minimum of four tennis courts available to the public whenever the Contractor or authorized individuals are giving, or available to give tennis lessons, with the exception of tournaments. T. Contractor must charge and collect City Fee Revenue in accordance with Attachment F. City Fee Revenue is defined as all court fees, permit fees, locker fees, and other City charges for use of the facilities at the then-current rate set by the City Council. City Fee Revenue does not include any Pro Revenue. U. Contractor shall charge for services in accordance with the Attachment E. Contractor may not charge any other fees except as listed on Attachment E. All fees must adhere to the approved fee schedules without deviation. Contractor may not negotiate separate fees. V. Contractor has the exclusive right at the Center to give, or authorize tennis lessons, camps, or other forms of teaching sessions. If any person receiving tennis lessons does not have a City tennis permit, Contractor must charge the City court fee for each lesson provided, which will be included in City Fee Revenue. W. City is entitled to obtain 50% of the City Fee Revenue and 5% of the Pro Revenue. Contractor is entitled to retain 500 of the City Fee Revenue and 950 of the Pro Revenue. X. Contractor must deposit, daily, 50 percent (50%) of the City Fee Revenue and five percent (5%) of Pro Revenue, together with daily cash register tapes of all City Fee Revenue and all Pro Revenue and the daily report of all revenue, at the City's designated depository. Pro Revenue is defined as all gross revenue received from the Pro Shop or for the services provided by the Contractor, including but not limited to, tournaments, administrative fees, league play, summer camps, merchandise sales, racket rentals, tennis lessons, racket stringing, racket repairs, food and drink sales, excluding all applicable separately stated taxes and bulk merchandise sales to schools at wholesale prices if Contractor provides the Contract Administrator with a copy of the sales receipt. To be excluded from Pro Revenue, any other wholesale or bulk sale to anyone but a school, must be approved in writing by the Contract Administrator prior to the sale. "Administrative Fees" are the fees that will be assessed to all leagues and tournaments to help recover facility costs. 3. Revenue Reporting and Record Keeping A. Contractor shall furnish to the Contract Administrator and Director of Financial Services a monthly statement of all revenues collected at the Tennis Center on or before the tenth day of each month during the contract term, such monthly statement to be certified to be true and correct by signature of Contractor. The Contract Administrator will approve the statement form prior to commencement of the Contract. The Contractor must report all revenue collected including but not limited to all revenue for services, fees including cleaning fees, events and product sales. The monthly statement shall categorize Pro Revenue and City Fee Revenue separately and accurately. B. Contractor shall keep accurate books of account of all revenues collected at the Tennis Center. The books of account will be open for inspection, copy, or audit by the City Manager, or designee, at all times. All books of account and backup documentation must be available to the Contract Administrator for review during the City's business hours. C. The Contractor shall document all fees collected D. In the event any audit determines that Contractor has not paid City in accordance with this Contract, then Contractor shall be responsible to issue corrective payment to City along 7% penalty on balance due to the City. E. Contractor shall have all underlying documentation for all revenue and Contractor's certified monthly statement, including cash register tapes, purchase orders, invoices, sales receipts, counter information, and the like must be preserved by the Contractor during the Contract term plus additional four years for audit purposes. F. Contractor shall ensure that its books and records are supported by original documentation and that its books and records are protected to prevent intentional or unintentional destruction, improper or unauthorized alterations, or disclosures. Electronic records must be kept in a format that it non-erasable, non-rewriteable, organized, and immediately produced or reproduced, with a mechanism in place to back-up transactional dates. ATTACHMENT B Sweet Spot Tennis LLC will provide a comprehensive Tennis program to HEB Tennis center, including but not limited to: 1 . Private and group lessons provided with a USPTA certified tennis professional 2. A pro-shop that supplies the basic needs such as stringing, grips, sweatbands and concessions. 3. Programming of leagues, tournaments and play days. 4. Times of operation of the center Monday thru Thursday from 9am till 9:30 p.m., Friday from 9am to 8pm, Saturday 9am till 2pm and Sunday 1 pm till 5pm, or other times mutually agreed upon between the Contractor and the Contract Administrator. 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 GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggregate Commercial Broad Form 2. Premises - Operations Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 CRIME $500,000 per occurrence PROPERTY Contractor will be responsible for 1 . Replacement cost providing property coverage for any and all damage to personal property or equipment, regardless if owned, rented, leased or borrowed that is stored on-site. 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. Page 14 of 18 Attachment D: Warranty Warranty is not applicable for this service. Page 15 of 18 ATTACHMENT E Approved Contractor Fee Schedule A. Lessons Director of Tennis one hour lesson/ per player $ 60.00 half hour lesson/ per player $ 30.00 semi private one hour/ per player $ 30.00 semi private half hour/ per player $ 15.00 45 minutes/ per player $ 45.00 3 player lesson one hour/ per player $ 20.00 4+ player lesson one hour/ per player $ 15.00 Head Pro one hour lesson/ per player $ 50.00 half hour lesson/ per player $ 25.00 semi private one hour/ per player $ 25.00 3 player lesson/ per player $ 18.00 4 player lesson/ per player $ 16.00 5+player lesson/ per player $ 12.00 Assistant Pro one hour lesson/ per player $ 45.00 half hour lesson/ per player $ 22.50 semi private one hour/ per player $ 22.50 3 player lesson one hour/ per player $ 15.00 4 player lesson one hour/ per player $ 12.00 5+ player lesson one hour/ per player $ 10.00 B. Introductory/Special Event morning playday/ per player $ 10.00 adult beginners class one hour/ per player $ 9.00 cardio class one hour/ per player $ 9.00 C. Programming Junior Program /summer summer camp 4 days/ per player $ 165.00 summer camp mornings 4 days/ per player $ 145.00 10%discount second/third child summer camp drop in one day/ per player $ 47.50 10%discount after 3 weeks attending summer camp drop in morning/ per player $ 38.00 summer camp drop in afternoon/ per player $ 9.00 back to school 4 mornings/ per player $ 91.00 back to school drop in/ per player $ 24.00 10 and under summer one hour/ per player $ 6.50 Page 16 of 18 Junior Program/Fall-Spring prep high performance 8 lessons/ per player $ 72.00 high performance 8 lessons/ per player $ 120.00 high performance 12 lessons/ per player $ 180.00 drop in prep high performance/ per player $ 10.00 drop in high performance/ per player $ 17.00 Holiday Junior Camps 4 mornings/ per player $ 91.00 3 mornings/ per player $ 72.00 D.Tournament one day tournament/ per player $ 15.00 two day tournament/ per palyer $ 22.00 E. Miscellaneous ball machine rental 11/2 hour $ 22.00 demo racket rental 11/2 hour $ 10.00 F.Administration Fees Tournaments(HEB) 22max courts (Full day) $ 300.00 22max courts (Half day) $ 150.00 10max courts (Full day) $ 150.00 10max courts (Half day) $ 75.00 Tournaments(AI Kruse) 10max courts (Full day) $ 150.00 10max courts (Half day) $ 75.00 HEB &All Kruse League Fees (per/match) $ 10.00 Page 17 of 18 ATTACHMENT F Approved City Fee Schedule A. lCourt Fees Outdoor Open Play(per/player) $ 3.00 Tennis League(per/player) $ 2.00 Private Lesson (per/player) $ 2.00 Semi-Private/Group Lesson(per/player) $ 1.00 Covered Pavillions(HEB) Open Play(per/player) $ 7.00 Per player(tennis league) $ 2.00 Private Lesson (per/player) $ 5.00 Semi-Private/Group Lesson(per/player) $ 2.50 B. Facility Rental Fees HEBTennis Center 22max courts(Full day-6 or more hrs) $ 300.00 22max courts(Half day) $ 150.00 11max courts(Full day-6 or more hrs) $ 150.00 11max courts(Half day) $ 75.00 Al Kruse Tennis Center 10max courts(Full day-6 or more hrs) $ 150.00 10max courts(Half day) $ 75.00 C. IAnnual and Semi-Annual Fees Adult Annual $ 160.00 Adult Semi Annual $ 110.00 Youth Annual $ 75.00 Youth Semi-Annual $ 60.00 Family Annual $ 300.00 Family Semi-Annual $ 160.00 Nno Resident(3 Month Pass) $ 60.00 Page 18 of 18 CORPUS CHRISTI PARKS& RECREATION Tennis Center Contracts _i Council Presentation i August 21, 2018 1. Ob.jective / coRaus CHRISTI _l,� P ARKAs@ A. Correct issues brought forward by the City Auditor report B. Provide a cost-effective stopgap to prevent any disruption in the current Tennis season C. Allow enough time to issue a new Request for Proposal (RFP) to attract a broader pool of applicants Current Contracts • HEB Tennis Center— expires August 31St • Al Kruse Tennis Center— expires July 31St ➢ Held Public Forum: June 28th at Lindale Senior Center .-� Audit Follow-up Action CORPUS CHRISTI PAR S& _. RECREATION City Auditor Audit Report complete May 21St Admin Fees Will be added to the FY18-19 Fee Schedule Reports are currently turned in at regular, reoccurring times to the Finance Department Daily & Monthly Reports and the Director of Parks & Recreation Contractor has resigned from Corpus Christi Conflict in Duties Tennis Association Board City authorized fees have been reissued to the Tournament Fees Contractor Action Plan L;- CHRISTI ._4_r, PARKA o� Director of Parks & Recreation Action Plan • Award (2) professional service agreements to Sweet Spot Tennis, LLC until December 2018 through the Request for Proposal (RFP) # 1333 which covers both centers. A list of all current fees will be included in the new agreement. • Staff analysis of information received at the Tennis Forum held June 28, 2018 • Plan, develop, and implement a new RFP in which interested operators may propose on one or both centers. This will include a reduced requirement for any proposed operators. Receive by October 1, 2018, and award one or two new contracts by December 1, 2018 for a January 1, 2019 start date. Recommended Actions CORPUS CHRISTI PARK S& iiECPEATI& A. Award two Service Agreements through December 31, 2018 B. Advertise for two contract Request for Proposals and award by December 1, 2018 r CORPUS CHRISTI PARK56 Questions . 6 SC 00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 21, 2018 Second Reading Ordinance for the City Council Meeting of August 28, 2018 NCDRPOPPSE 1852 DATE: August 7, 2018 TO: Keith Selman, Interim City Manager FROM: Jay Ellington, Director of Parks and Recreation jayell@cctexas.com (361) 826-3042 Service Agreement to Manage and Operate the Al Kruse Tennis Center CAPTION: Motion authorizing a service agreement with Sweet Spot Tennis, LLC for management and operations service for Al Kruse Tennis Center. PURPOSE: Staff is recommending a service agreement with Sweet Spot Tennis, LLC to manage and operate the Al Kruse Tennis Center to reduce expenses and increase revenue for the Corpus Christi Parks and Recreation Department. BACKGROUND AND FINDINGS: The request for proposal (RFP) was advertised October 7, 2016 and a pre-proposal conference was held October 14, 2016. On March 21, 2017, staff made a recommendation to Council. That recommendation was rejected. A desk audit of the current agreement was conducted in November 2017. A second RFP was advertised on September 24, 2017 with a due date for all proposals of October 25, 2017. Purchasing requested a 120-day extension of the responsive Proposal Offer. Staff recommends awarding a service contract agreement to Gerald Tjon A Joe dba Sweet Spot Tennis until December 31, 2018; the City will pay the Contractor $3,166.00 per calendar month, Contractor will retain 95% of the Pro Revenue and 50% of the City Fee Revenue. ALTERNATIVES: Self (City) Operation OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Parks & Recreation, Finance - Purchasing FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $41,158 0 Encumbered / Expended Amount $31,660 0 0 This item $6,332 $9,498 $15,830 BALANCE $3,166 0 0 Fund: General Comments: The Parks & Recreation department will also request the Finance — Purchasing department to issue another RFP by October 1, 2018. This will be evaluated and brought to Council for consideration of award by December 1, 2018. This will be a 5-year operating agreement with proposed extensions. RECOMMENDATION: Parks & Recreation staff recommends the approval of the service agreement. LIST OF SUPPORTING DOCUMENTS: Service Agreement SERVICE AGREEMENT NO. AL KRUSE TENNIS CENTER MANAGMENT THIS All Kruse Tennis Center Management Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Sweet Spot Tennis, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, City desires to have Contractor provide short-term management and operational services for the Al Kruse Center in response to a proposal obtained from the Contractor; NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide All Kruse Center Management ("Services") in accordance with the attached Scope of Work, as shown in Attachment A and as shown in Attachment B, and the City's RFP No. 1333 the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 2. Term. This Agreement is for approximately five months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division and ending upon effective date notice of termination from the Contract Administrator or upon effective date of a new contract for Services, whichever occurs first. However this Agreement shall automatically terminate as of December 31, 2018 unless earlier terminated. 3. Compensation and Payment. The City will pay the Contractor $3,166.00 per calendar month for Services completed and accepted by the City within 30 days of receipt of an acceptable invoice. In the event the initial term does not begin at start of a calendar month the initial monthly invoice shall be paid on a pro rata basis. The Contractor will retain 950 of the Pro Revenue and 500 of the City Fee Revenue as Contractor's revenue as further defined in Attachment A. The City will obtain 5% of the Pro Revenue and 500 of the City Fee Revenue as further defined in Attachment A. 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: Becky Perrin, Assistant Director Parks & Recreation Department (361 ) 826-3498 BeckyP@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. 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. 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. 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: Becky Perrin, Assistant Director Parks & Recreation Department 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: (361) 826-3864 IF TO CONTRACTOR: Sweet Spot Tennis, LLC Attn: Gerald S. Tjon-A-Joe President 14145 La Blanquila Dr., Corpus Christi, TX 78418 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. 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 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 and its attachments, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement; then, B. its attachments. 22. Governing Law and required disclosures.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. 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. 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. 22. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Scope of Work Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Attachment E: Approved Contractor Fee Schedule Attachment F: Approved City Fee Schedule RFP No. 1333 AL Kruse and H-E-B Tennis Center Management and Program Services Attachment A: Scope of Work 1. General Requirements A. The Contractor will operate and manage the City of Corpus Christi's Al Kruse Center ("The Center") located at 502 King Street, Corpus Christi, TX 78401 . B. The City will pay the Contractor $3,166.00 per month, payable monthly by the tenth business day of each calendar month during this contract for this service. Any fee due after fiscal year 2018, is subject to appropriation by City council in the applicable fiscal year budget. C. Contractor shall be granted the exclusive right to operate and collect 950 of the revenue from a Pro Shop at the Center including the right to: 1 . Sell Merchandise 2. Rent rackets, ball machines, buckets of balls 3. String and repair rackets 4. Operate a food and drink concession 2. Scope of Work A. Contractor shall operate the tennis center in conformity with the laws of the State of Texas and ordinances, rules and regulation of the City of Corpus Christi. B. Contractor shall operate and manage the Center, including without limitation, all activities in the locker/restroom. C. Contractor shall employ a sufficient number of employees to assist in conducting lessons, operating the Pro Shop, and scheduling courts. All employees shall be employees of the Contractor, not the City. D. Contractor shall provide fidelity bonds for Contractor and any employees who handle cash or credit cards. These bonds must be provided to the Contract Administrator and must be a good and sufficient fidelity bond in the sum of Five Thousand ($5,000) Dollars, written by a corporate surety duly licensed under Texas laws to write fidelity bonds. These bonds must be kept in effect for the entire term of this agreement and any holdover period. These bonds must assure payment to the City of all City revenue collected by Contractor and Contractor's employees on behalf of the City and the prompt payment of five (5%) percent of Contractor's revenue, including lesson revenue, to which City is entitled. E. At Contractor's cost, Contractor and any assistants, sub-contractors or support personnel shall complete a national background history check with the City prior to instructing. The City shall retain the right to prohibit anyone from working on this agreement based on the results of the background check. F. Contractor shall ensure all employees conduct themselves in an orderly manner and in keeping with the conduct required of employees in service organizations. Contractor shall ensure that employees do not consume intoxicating substances on premises or report to work under the influence of same. Contractor and its employees shall use language and conduct that is suitable to families and youth. G. None of the contract services may be subcontracted without the prior written approval of the Contract Administrator. Contractor may not charge nor collect any fees or rents for use of office spaces. The Director may be authorized to rent some of the office space to non-profit tennis organizations as authorized under separate contracts. H. Contractor shall adequately publish and enforce all rules and regulations governing the playing of tennis, fees and all other activities, as may be conducted at the Center. The approved Contractor fee schedule is attached as Attachment E. Any additional Contractor fees or changes to the Contractor Fee schedule must be approved in advance in writing by the Contract Administrator. The approved City fee schedule is attached as Attachment F. Contractor must not deviate from the approved City fee schedule. I. Contractor will provide suitable signage at the Pro Shop advising the public that the business activity is operated by the Contractor as an independent contractor and not operated by the City. J. Contractor must maintain and promote a continuing program to attract citizens and tourists to use the Center, particularly weekend play, and must maintain rental tennis rackets for use by the public. A schedule of hours of operation for must be posted and filed with the Contract Administrator. K. Contractor shall organize, promote, recruit and conduct local and United States Tennis Association (USTA) sanctioned tennis tournaments. L. Contractor shall promote the game of tennis through youth programs. M. Contractor must submit to the Contract Administrator, before the first of each month, a program of activities for the forthcoming month identifying, at a minimum, leagues, lessons, youth and adult programs, tournaments by dates and estimated number of participants and hours of operation. N. Contractor must notify the Contract Administrator of all dangerous conditions or special defects. Contractor must not use, or allow to be used, any areas of the Center which has dangerous conditions or special defects. O. Contractor shall be responsible for providing all necessary supplies to operate and manage the tennis center. The Contractor may collect and retain rental fees for the utilization of their equipment such as ball machines. P. Contractor shall be responsible for picking up trash generated by use of the Center for classes, tournaments, clinics, camps, etc. This includes trash on and immediately around the courts, restroom facility, and office at the beginning or conclusion of use. Trash is defined as any discarded, unwanted or worthless material or object. Q. Contractor shall make no alterations to the Center without the Contract Administrator prior written approval. R. The City is responsible for custodial and utility service to the Tennis Center property. The City is responsible for all agreed premise maintenance and minor repairs at the agreed premises. Operator shall allow the City or its designees entrance during regular business hours for the purpose of agreed premise maintenance. In consideration of this, it is agreed that operator must make no claim for any damages against the City for loss of income due to the City's failure to make any repairs. S. Contractor shall make a minimum of four tennis courts available to the public whenever the Contractor or authorized individuals are giving, or available to give tennis lessons, with the exception of tournaments. T. Contractor must charge and collect City Fee Revenue in accordance with Attachment F. City Fee Revenue is defined as all court fees, permit fees, locker fees, and other City charges for use of the facilities at the then-current rate set by the City Council. City Fee Revenue does not include any Pro Revenue. U. Contractor shall charge for services in accordance with the Attachment E. Contractor may not charge any other fees except as listed on Attachment E. All fees must adhere to the approved fee schedules without deviation. Contractor may not negotiate separate fees. V. Contractor has the exclusive right at the Center to give, or authorize tennis lessons, camps, or other forms of teaching sessions. If any person receiving tennis lessons does not have a City tennis permit, Contractor must charge the City court fee for each lesson provided, which will be included in City Fee Revenue. W. City is entitled to obtain 50% of the City Fee Revenue and 5% of the Pro Revenue. Contractor is entitled to retain 500 of the City Fee Revenue and 950 of the Pro Revenue. X. Contractor must deposit, daily, 50 percent (500) of the City Fee Revenue and five percent (5%) of Pro Revenue, together with daily cash register tapes of all City Fee Revenue and all Pro Revenue and the daily report of all revenue, at the City's designated depository. Pro Revenue is defined as all gross revenue received from the Pro Shop or for the services provided by the Contractor, including but not limited to, tournaments, administrative fees, league play, summer camps, merchandise sales, racket rentals, tennis lessons, racket stringing, racket repairs, food and drink sales, excluding all applicable separately stated taxes and bulk merchandise sales to schools at wholesale prices if Contractor provides the Contract Administrator with a copy of the sales receipt. To be excluded from Pro Revenue, any other wholesale or bulk sale to anyone but a school, must be approved in writing by the Contract Administrator prior to the sale. "Administrative Fees" are the fees that will be assessed to all leagues and tournaments to help recover facility costs. 3. Revenue Reporting and Record Keeping A. Contractor shall furnish to the Contract Administrator and Director of Financial Services a monthly statement of all revenues collected at the Tennis Center on or before the tenth day of each month during the contract term, such monthly statement to be certified to be true and correct by signature of Contractor. The Contract Administrator will approve the statement form prior to commencement of the Contract. The Contractor must report all revenue collected including but not limited to all revenue for services, fees including cleaning fees, events and product sales. The monthly statement shall categorize Pro Revenue and City Fee Revenue separately and accurately. B. Contractor shall keep accurate books of account of all revenues collected at the Tennis Center. The books of account will be open for inspection, copy, or audit by the City Manager, or designee, at all times. All books of account and backup documentation must be available to the Contract Administrator for review during the City's business hours. C. The Contractor shall document all fees collected. D. In the event any audit determines that Contractor has not paid City in accordance with this Contract, then Contractor shall be responsible to issue corrective payment to City along 7% penalty on balance due to the City. E. Contractor shall have all underlying documentation for all revenue and Contractor's certified monthly statement, including cash register tapes, purchase orders, invoices, sales receipts, counter information, and the like must be preserved by the Contractor during the Contract term plus additional four years for audit purposes. F. Contractor shall ensure that its books and records are supported by original documentation and that its books and records are protected to prevent intentional or unintentional destruction, improper or unauthorized alterations, or disclosures. Electronic records must be kept in a format that it non-erasable, non-rewriteable, organized, and immediately produced or reproduced, with a mechanism in place to back-up transactional dates. ATTACHMENT B Sweet Spot Tennis, LLC will provide a comprehensive Tennis program to Al Kruse center, including but not limited to: 1 . Private and group lessons provided with a USPTA certified tennis professional 2. A pro-shop that supplies the basic needs such as stringing, grips, sweatbands and concessions. 3. Programming of leagues, tournaments and play days. 4. Times of operation of the center Monday thru Thursday from 9am till 9:30 p.m., Friday from 9am to 8pm, Saturday 9am till 2pm and Sunday 1 pm till 5pm, or other times mutually agreed upon between the Contractor and the Contract Administrator. 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 GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggregate Commercial Broad Form 2. Premises - Operations Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 CRIME $500,000 per occurrence PROPERTY Contractor will be responsible for 1 . Replacement cost providing property coverage for any and all damage to personal property or equipment, regardless if owned, rented, leased or borrowed that is stored on-site. 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. Page 14 of 18 Attachment D: Warranty Warranty is not applicable for this service. Page 15 of 18 ATTACHMENT E Approved Contractor Fee Schedule A. Lessons Director of Tennis one hour lesson/ per player $ 60.00 half hour lesson/ per player $ 30.00 semi private one hour/ per player $ 30.00 semi private half hour/ per player $ 15.00 45 minutes/ per player $ 45.00 3 player lesson one hour/ per player $ 20.00 4+ player lesson one hour/ per player $ 15.00 Head Pro one hour lesson/ per player $ 50.00 half hour lesson/ per player $ 25.00 semi private one hour/ per player $ 25.00 3 player lesson/ per player $ 18.00 4 player lesson/ per player $ 16.00 5+player lesson/ per player $ 12.00 Assistant Pro one hour lesson/ per player $ 45.00 half hour lesson/ per player $ 22.50 semi private one hour/ per player $ 22.50 3 player lesson one hour/ per player $ 15.00 4 player lesson one hour/ per player $ 12.00 5+ player lesson one hour/ per player $ 10.00 B. Introductory/Special Event morning playday/ per player $ 10.00 adult beginners class one hour/ per player $ 9.00 cardio class one hour/ per player $ 9.00 C. Programming Junior Program/summer summer camp 4 days/ per player $ 165.00 summer camp mornings 4 days/ per player $ 145.00 10%discount second/third child summer camp drop in one day/ per player $ 47.50 10%discount after 3 weeks attending summer camp drop in morning/ per player $ 38.00 summer camp drop in afternoon/ per player $ 9.00 Page 16 of 18 back to school 4 mornings/ per player $ 91.00 back to school drop in/ per player $ 24.00 10 and under summer one hour/ per player $ 6.50 Junior Program/Fall-Spring prep high performance 8 lessons/ per player $ 72.00 high performance 8 lessons/ per player $ 120.00 high performance 12 lessons/ per player $ 180.00 drop in prep high performance/ per player $ 10.00 drop in high performance/ per player $ 17.00 Holiday Junior Camps 4 mornings/ per player $ 91.00 3 mornings/ per player $ 72.00 D.Tournament one day tournament/ per player $ 15.00 two day tournament/ per palyer $ 22.00 E. Miscellaneous ball machine rental 11/2 hour $ 22.00 demo racket rental 11/2 hour $ 10.00 F.Administration Fees Tournaments(HEB) 22max courts (Full day) $ 300.00 22max courts (Half day) $ 150.00 10max courts (Full day) $ 150.00 10max courts (Half day) $ 75.00 Tournaments(Al Kruse) 10max courts (Full day) $ 150.00 10max courts (Half day) $ 75.00 HEB &Al Kruse League Fees (per/match) $ 10.00 Page 17 of 18 ATTACHMENT F Approved City Fee Schedule A. lCourt Fees Outdoor Open Play(per/player) $ 3.00 Tennis League(per/player) $ 2.00 Private Lesson (per/player) $ 2.00 Semi-Private/Group Lesson(per/player) $ 1.00 Covered Pavillions(HEB) Open Play(per/player) $ 7.00 Per player(tennis league) $ 2.00 Private Lesson (per/player) $ 5.00 Semi-Private/Group Lesson(per/player) $ 2.50 B. Facility Rental Fees HEBTennis Center 22max courts(Full day-6 or more hrs) $ 300.00 22max courts(Half day) $ 150.00 11max courts(Full day-6 or more hrs) $ 150.00 11max courts(Half day) $ 75.00 Al Kruse Tennis Center 10max courts(Full day-6 or more hrs) $ 150.00 10max courts(Half day) $ 75.00 C. IAnnual and Semi-Annual Fees Adult Annual $ 160.00 Adult Semi Annual $ 110.00 Youth Annual $ 75.00 Youth Semi-Annual $ 60.00 Family Annual $ 300.00 Family Semi-Annual $ 160.00 Nno Resident(3 Month Pass) $ 60.00 Page 18 of 18 SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of August 21, 2018 DATE: August 3, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Business Liaison arlenem@cctexas.com 361-826-3356 Briefing - IKE Kiosks STAFF PRESENTER(S): Name Title/Position Department 1. Arlene Medrano Business Liaison City Manager's Office 2. 3. BACKGROUND: Per the request of Councilman Molina, this item has been placed on the Council agenda as a briefing item. IKE kiosks are a wayfinding and city communication system for the digital age. They require no investment from the City. The anticipated placement of the IKE kiosks would be in Downtown Corpus Christi. LIST OF SUPPORTING DOCUMENTS: PowerPoint— IKE Kiosks Interactive Community Kiosks _iCouncil Briefing i August 21, 2018 What Are Interactive Kiosks? • Essentially a computer that provides information and °- applications (apps) for ` communication, s entertainment, or education. • Placed in high foot traffic settings such as malls, hotel lobbies, airports, museums, or is _ - central business districts. 4 (' ! Project Scope 1. No investment from the City 2. Revenue sharing based on Ike's efforts to AMsecure media sales and sponsorships 3. Maintenance included 4. Location(s) to be determined by the City 6 5. Count traffic, count people, air quality reports and reports back to the City Note: City of San Antonio will begin 5 year agreement with IKE in August 2018. Minimum annual revenue is $150,000. - Project Scope • Pending Council support, Staff recommends the following: — Gathering input from d Downtown, Tourism, and Communication Stakeholders - (CCCVB, DMD, PIO, IT, etc.) — Reference checks with cities who have implemented Ike kiosk in Downtown Baltimore kiosks — A competitive RFP