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Agenda Packet City Council - 08/28/2018
City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 ' cctexas.com Meeting Agenda - Final City Council Tuesday,August 28, 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 Adam Carrington, Brooks AME Worship Center. C. Pledge of Allegiance to the Flag of the United States to be led by Reba George, Assistant Director of Support Services, Water Utilities Department. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-1077 Proclamation declaring August 28, 2018, "Women's Equality Day". Commendation for Chris D. Caron, P.E., Corpus Christi District Engineer, Texas Department of Transportation. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. STRATEGIC FUTURE ISSUES City of Corpus Christi Page 1 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 b. CITY PERFORMANCE REPORT- HEALTH DEPARTMENT C. OTHER G. MINUTES: 2. 18-1070 Regular Meeting of August 21, 2018. Attachments: Minutes-August 21,2018 H. BOARD &COMMITTEE APPOINTMENTS: 3. 18-1083 Crime Control and Prevention District Library Board Attachments: Crime Control & Prevention District Library Board I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. City of Corpus Christi Page 2 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 4 - 15) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 4. 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 with SMG 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 5. 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 6. 18-0930 Renewal of State and Federal External Legislative Consultant Contracts City of Corpus Christi Page 3 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 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. Attachments: Agenda Memo-2018 renewal of state &federal lobby contracts DRAFT Focused Advocacy Contract Renewal 100118 DRAFT Meyers&Assoc renewal 100118 7. 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 8. 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 Prosect 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 AdML Presentation -Wastewater Services, Cleanouts and Manhole Adjustments IDIQ 9. 18-0956 Land Purchase for Nueces Bay Boulevard Tank Site for Elevated Storage Tank Resolution determining the fair market value of industrial property and City of Corpus Christi Page 4 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 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 Resolution -Acquisition Flint Hills Water Tank Prosect 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 signec 10. 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 11. 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 12. 18-0932 Second Reading Ordinance -Adoption of Proposed Unified Development Code Text Amendments: Section 7.5 Signs (1 st Reading 8/21/18) Ordinance amending Section 7.5 "Signs" of the Unified Development Code; and providing for penalty. Attachments: Agenda Memo UDC Text Amendment Ordinance - UDC amendmend Signs 8.21.18 Presentation UDC Text Amendment 13. 18-0911 Second Reading Ordinance -Accepting and Appropriating Grant Funds for FY2019 Local Border Security Program (1st Reading City of Corpus Christi Page 5 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 8/21/18) 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 Grant award 14. 18-0856 Second Reading Ordinance -Adoption of City of Corpus Christi Small Cell Network Fees, regulations and Design Manual (1st Reading 8/21/18) 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 15. 18-0935 Second Reading Ordinance -Appropriating Fund Proceeds for Fiscal Year 2017-2018 (1st Reading 8/21/18) 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. Attachments: Agenda Memo-Appropriate Interest Ordinance -Appropriate Interest Attachment A-Appropriations 2018 L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. BUDGET PRESENTATION: (ITEM 16) 16. 18-1022 Proposed FY2019 Budget Overview Attachments: Agenda Memo-Water SW&Wastewater Presentation City of Corpus Christi Page 6 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 M. PUBLIC HEARINGS: (ITEMS 17 - 18) 17. 18-1008 Public Hearing on Fiscal Year 2019 Ad Valorem Tax Rate Attachments: Agenda Memo for Public Hearing regarding FY19 Ad Valorem Tax Rate 18. 18-1029 Public Hearing on Fiscal Year 2018-2019 Operating Budget 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 am at City Hall, 1201 Leopard Street, Corpus Christi, Texas. This budget will raise more total property taxes than last year's budget by $7,680,380 (General Fund $4,304,431 Debt Service Fund $(484,193), Residential Street Reconstruction Fund $3,860,142), or 6.8%, and of that amount an estimated $2,127,240 is tax revenue to be raised from new property added to the tax roll this year. Attachments: Agenda Memo- Public Hearing for FY 2018-2019 Operating Budget Presentation - Budget Public Hearing 8.28.18-Operating N. REGULAR AGENDA: (ITEM 19 - 26) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 19. 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 20. 18-0798 Second Reading Ordinance - Conveyance of Parker Pool to Nueces County (1st Reading 8/21/18) Ordinance authorizing the conveyance of Parker Pool property located at 654 Graham Road to Nueces County. Attachments: Agenda Memo- Parker Pool -County Interlocal Ordinance REVISED- Parker Pool Parker Pool Special Warranty Deed Exhibit A-Metes and Bounds 43201-B8-06 Laguna Business Center Out of Lot 21. 18-0595 Second Reading Ordinance -Adopting Downtown Vacant Building Regulations (1st Reading 7/31/18) City of Corpus Christi Page 7 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations; and Providing for penalties. Attachments: Agenda Memo-Vacant Building Ordinance 8.28.2018 Ordinance -Option A Vacant Building Ordinance Updated for Second Reading Ordinance -Option B Vacant Building Ordinance Redline Remove Registration I Ordinance -Option B Vacant Building Ordinance Clean Copy Remove Registrat Informal Staff Report- Downtown Vacant Building Ordinance Powerpoint-Downtown Vacant Building Program City Council 8 28 2018 22. 18-1064 Resolution to Submit One or More Grant Applications for Funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. Resolution authorizing the City Manager, or designee, to submit one or more grant applications totaling up to two million dollars ($2,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. Attachments: Agenda Memo- DEAAG Application August 2018 Resolution DEAAG Fall 2018 082818 23. 18-1019 Resolution requesting the Commissioner of Insurance to Reject the Proposed Premium Rate Increase Proposed by the Texas Windstorm Insurance Association. Resolution requesting the Commissioner of Insurance to reject the proposed premium rate increase proposed by the Texas Windstorm Insurance Association. Attachments: Agenda Memo- Resolution opposing TWIA rate increase Resolution to TDI Commissioner Oppoising rate increase TDI Notice 24. 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 - Agreement 08.24 Presentation -Tennis Center Contracts 25. 18-0990 Service Agreement for Al Kruse Tennis Center City of Corpus Christi Paye 8 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 Motion authorizing a service agreement with Sweet Spot Tennis for management and operations service for AI Kruse Tennis Center. Attachments: Agenda Memo Al Kruse Tennis 08.15.18 Agreement- HEB - Agreement 08.24 26. 18-0632 Resolution Adopting an Affordable Housing Policy and Program Initiatives for the City of Corpus Christi, Texas 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 Final Resolution adopting Affordable Housing Policy draft 5-15-18 Presentation-Affordable Housing O. FIRST READING ORDINANCES: (ITEMS 27 -31) 27. 18-0631 Ordinance Amending Corpus Christi Code of Ordinance to Adopt Affordable Housing Fee Reimbursement Program Ordinance amending Corpus Christi Code of Ordinance to adopt Affordable Housing Fee Reimbursement Program. Attachments: Agenda Memo Affordable Housing nnm edits 8.7.18 Ordinance -Affordable housing edits 8.8.18 28. 18-0443 First Reading Ordinance - Rezoning for a Property located at or near 718 South Navigation Boulevard. (Tabled from 4/17/18) (3/4 Vote Required) Case No. 1117-01 GMG Partners, LP.: Ordinance amending Zoning Ordinance 030511 on a property at or near 718 South Navigation Boulevard by adding a 36-month time extension to the special permit time limit initially approved. Planning Commission and Staff Recommendation (February 21, 2018): Approval of the extension of the Special Permit for an additional 36 months (3 years). Attachments: Agenda Memo 1117-01 GMG Partners, LP REV Ordinance 1117-01 GMG Partners, LP. Presentation GMG Partners, LP. CC Report 1117-01 GMG Partners, LP. 29. 18-0863 First Reading Ordinance - Drought Contingency Plan Amendments for Large-Volume Industrial Customers City of Corpus Christi Paye 9 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 Ordinance amending the Corpus Christi Code of Ordinances to modify Sections 55-150 and 55-154 and add Section 55-159.1, which will provide an exemption from drought surcharges for large-volume industrial customers who pay a drought surcharge exemption fee, provide a mechanism to opt-out of said fee, dedicate the use of the exemption fee to development of a drought-resistant water supply, and authorize the City Manager to execute a standard form agreement with customers who request a City commitment regarding use of the fee; effective October 1, 2018; and providing for penalties. Attachments: Agenda Memo 2018 DCPChangesJuly17CouncilMeeting v2 Ordinance Drought Surcharge Exemption Fee Drought Contingency Plan Amendment 2018 Payment and Use of Drought Surcharge Exemption Fee Standard Form Agreerr 2018 Drought Contingencv Plan Surcharge Exemption Fee 30. 18-0894 First Reading Ordinance - Changing Carson Street to One-way Traffic Pattern City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I - One-way streets and alleys, subsection (a) is revised to add a one-way designation for a portion of Carson Street. Attachments: Agenda Memo-Carson Street exhibit-carson-one-way-location map carson street exhibit-carson-one-way-vicinity map carson street Presentation -Carson -one way (2) Ordinance -One Way -Carson 31. 18-1054 First Reading Ordinance -Amendment to Remove a Portion of the One-Way Designation on Chaparral Boulevard (Bond 2008 & 2014) City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I - One-way streets and alleys, subsection (a) is revised to remove a portion of the one-way designation on Chaparral Boulevard between Coopers Alley and IH-37. Attachments: Agenda Memo-Chaprral Blvd One Way Change (002) Ordinance -Chaprral Blvd One Way Change (002) Location Map CC Presentation-Chaparral Street One Way Street Change Revised CM P. FUTURE AGENDA ITEMS: (ITEMS 32 -41) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. City of Corpus Christi Page 10 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 32. 18-0914 Four-Year Service Agreement for Pressure Washing Equipment Services Motion authorizing a four-year service agreement with Kingdom Sowers, LLC, of Corpus Christi, Texas for pressure washing equipment services for a total amount not to exceed $111,840.00. Attachments: Agenda Memo - Pressure Washing of Heavy Equipment for Solid Waste Opera Service Agreement- Pressure Washing of Heavy Equipment for Solid Waste OK Bid Tabulation - Pressure Washing of Heavy Equipment for Solid Waste Operati 33. 18-0926 Professional Services Contract Amendment No.1 for Defense Economic Adjustment Assistance Grant (DEAGG) Corpus Christi Security Enclave Project Motion to authorize execution of a professional services contract Amendment No. 1 with LNV Inc. of Corpus Christi, Texas in the amount of $211,270 for a total restated fee of$248,769 for Defense Economic Adjustment Assistance Grant (DEAAG) Corpus Christi Security Enclave project. Attachments: Agenda Memo- Military Agenda Item - DEAAG CCAD Security Enclave Prosect Budget- Military Agenda Item- DEAAG CCAD Security Enclave Location Map- Military Agenda Item Contract- Military Agenda Item- DEAAG CCAD Security Enclave LNV Presentation - Military Agenda Item - DEAAG CCAD Security Enclave 34. 18-0968 Contribution-In-Aid-of Construction Agreement and Contract for Rodd Field Road Improvements from Yorktown Blvd. to Saratoga Blvd., (Bond 2014, Proposition 2) Motion to authorize execution of a construction contract with Haas-Anderson Construction of Corpus Christi, Texas in the amount of $15,236,240.05 for base bid No. 1 plus Additive Alternate No. 1, and execute a Contribution-In-Aid-of-Construction (CIAC)Agreement with AEP for street lighting (illumination) in the amount of$207,369.75 for the Rodd Field Road Improvements from Yorktown Blvd to Saratoga Blvd project. Attachments: Agenda Memo- Rodd Field Road Motion -Construction -REV Project Budget- Rodd Field Road Location Map Rodd Field Road Presentation Rodd Field Road v4 Letter of Recommendation - Rodd Field Road AEP CIAC Agreement- Rodd Field Road Memorandum- Rodd Field Road 35. 18-0969 Professional Services Contract for Kinney & Power Street Pump City of Corpus Christi Page 11 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 Station Improvements Project Motion to authorize execution of a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount $162,527 for Kinney & Power Street Pump Station Improvements project. Attachments: Agenda Memo- Kinney Power Street Pump Station Improvements Presentation - Kinney &Power Street Pump Station Improvements Project Budget- Kinney & Power Street Pump Station Improvements.xlsx Location Map- Kinney & Power Street Pump Station Improvements.pdf Contract- Kinney St and Power St Pump Station -Urban.pdf 36. 18-0970 Professional Services Contract for the McGee Beach Nourishment - Boat Basin Dredging Project Motion to authorize execution of a professional services contract with Lockwood, Andrews & Newman, Inc. of Corpus Christi, Texas in the amount of$186,100 for the McGee Beach Nourishment - Boat Basin Dredging project. Attachments: Agenda Memo- McGee Beach Nourish - Boat Basin Dredging Presentation - McGee Beach Nourishment- Boat Basin Dredging Project Budget- McGee Beach Nourishment- Boat Basin Dredging.xlsx Location Map- McGee Beach Nourishment- Boat Basin Dredging.ndf Contract- McGee Beach Nourishment- Boat Basin Dredging LAN.pdf 37. 18-1010 Service Agreement for Mowing and Grounds Maintenance Services for Storm Water Group 2, Downtown Group 1, and Parks Groups 17 and 18 Resolution finding the lowest responsive, responsible bidder for mowing and grounds maintenance services for Storm Water Group 2, Downtown Group 1, and Parks Groups 17 and 18, awarding Three-Year Service Agreements for a total amount not to exceed $231,350. Attachments: Agenda Memo-Contract Mowing, Grounds and Landscape Maintenance Servic Resolution -Mowing and Grounds Maintenance Services Service Agreement- 1737 Mowing and Grounds Storm Water Group 2 Service Agreement- 1738 Grounds and Landscape Maintenance Services for C Service Agreement- 1744 Mowing and Grounds Maintenance for Parks Groups Bid Tabulation- Mowing and Grounds Storm Water Group 2 Bid Tabulation-Grounds and Landscape Maintenance Services for Downtown Bid Tabulation - Mowing and Grounds Maintenance for Parks Groups 17 and 1E Presentation - Mowing City of Corpus Christi Page 12 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 38. 18-0994 Agreement for HVAC Services for Facilities Department Motion authorizing a three-year Service Agreement with Coastline Refrigeration & Service, LLC of Corpus Christi, Texas for HVAC Services for Facilities Department, for a total amount not to exceed $397,800.00. Attachments: Agenda Memo- HVAC Services for Facilities Department Bid Tabulation - HVAC for Facilities Department Service Agreement 1627- HVAC Services for Facilities Department 39. 18-0996 Purchase of Various Vehicles for Street Operations Motion authorizing the purchase of one 2019 F-550 bucket truck from Grande Truck Center of San Antonio, Texas; three 2019 5-7 cubic yard dump trucks from Houston Freightliner Inc. of Houston, Texas; and, one 2019 12 cubic yard dump truck from Houston Freightliner Inc. of Houston, Texas; and one 4-6 Ton Steel Wheel Roller from Anderson Machinery Co. of San Antonio, Texas via HGACBUY and BuyBoard for a total amount not to exceed $764,468.40. Attachments: Agenda Memo-Purchase of Various (6)Vehicles for Street Operations R Price Sheet- Purchase of Various (6)Vehicles for Streets Operations R 40. 18-1011 Service Agreement for Electrical Repair Services Motion authorizing a three-year Service Agreement with Scott Electric Company of Corpus Christi, Texas, for Electrical Repair services, for a total amount not to exceed $152,380. Attachments: Agenda Memo-Electrical Repairs.docx Service Agreement- Electrical Repairs Bid Tabulation- Electrical repairs 41. 18-1049 Resolution for Reimbursement for Utility Capital Projects Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating from the proceeds of one or more series of taxable or tax-exempt obligations to be issued by the City in an aggregate amount not to exceed $50,000,000 for authorized purposes relating to constructing various City improvements; authorizing other matters incident and related thereto; and providing an effective date. Attachments: Agenda Memo- Reimbursement Resolution Reimbursement Resolution 2018 Utility Revenue Bonds Q. BRIEFINGS: (ITEM 42) 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, City of Corpus Christi Page 13 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 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. 42. 18-1020 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Q2 2018) Attachments: Agenda -CCREDC Q2.docx CCREDC Quarterly Aug 2018.pptx R. EXECUTIVE SESSION: (ITEMS 43 -46) 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. 43. 18-1072 Executive Session pursuant to Texas Gov't 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 Gov't 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). 44. 18-1076 Executive Session pursuant to Texas Government Code Section 551.071 and Texas Disciplinary rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to negotiations and City of Corpus Christi Page 14 Printed on 8/27/2018 City Council Meeting Agenda-Final August 28, 2018 potential litigation with U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Attorney General and/or U.S. Department of Justice concerning the City's sanitary sewer system. 45. 18-1079 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the case of Beeville Water Supply District appeal of Raw Water Rates adopted by City of Corpus Christi filed with the Public Utility Commission of Texas, and other lawsuits, including potential consideration of fees for attorneys, engineers, and other expert witnesses assisting in defense of action(s) 46. 18-1081 Executive Session pursuant to Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. T. ADJOURNMENT City of Corpus Christi Page 15 Printed on 8/27/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 i I cctexas.com �xa Meeting Minutes 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. 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 Kevin Jennings, Mt. Olive Lutheran Church. Pastor Kevin Jennings gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Mario Tapia, Assistant Director of Aviation. Assistant Director of Aviation Mario Tapia 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, Senior Assistant City Attorney Lisa Aguilar, and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 8/23/2018 City Council Meeting Minutes August 21, 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 21, 2018, "National Senior Citizens Day". Mayor McComb presented the proclamation. 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) The City's Sandbag Distribution Program's next event will be held on Saturday,August 25,2018 at Del Mar College located at 101 Baldwin Boulevard. Information on the event is available at www.cctexas.com/sandbagsaturdays. 2)An art display regarding Hurricane Harvey is taking place at the La Retama Library now through September 1, 2018, Tuesday through Saturday from 9:00 a.m. to 6:00 p.m. Local students from the communities of Gregory-Portland, Port Aransas, Rockport, Flour Bluff and Corpus Christi are displaying artwork in numerous forms including: poetry, drawings, molds, glass work, photography, and paintings to commemorate their experiences and express their viewpoints in artistic form.A video regarding the art display will play during the recess for lunch during today's City Council meeting and is available on YouTube. b. CITY PERFORMANCE REPORT - UTILITIES DEPARTMENT Executive Director of Utilities Dan Grimbso provided a briefing on the Utilities Department, including the mission statement; operational profile; baseline information; and performance indicators.Assistant Director of Support Services Reba George was present to respond to questions. Council members and staff discussed the following topics:the organizational chart for the Utilities Department;the distinction between the functions in the Utilities Department; a future discussion related to stormwater; if all utilities function the same; how the age of wastewater lines impact wastewater treatment plants; and maintenance of lines. Interim City Manager Keith Selman recognized Employee of the Quarter, Utility Business Office Manager Margaret Morin. G. MINUTES: City of Corpus Christi Page 2 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 2. Regular Meeting of August 14, 2018. Mayor McComb referred to approval of the minutes. Council Member Rubio 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. All items on this agenda are considered public hearings. Mayor McComb deviated the agenda and referred to comments from the public. Senior Assistant City Attorney Lisa Aguilar read the Rules of Decorum for the Council Chambers. Raymond Ames, 7 Virginia Hills, asked the City Council to consider revisiting the wastewater rates. Jack Gordy,4118 Bray, spoke regarding the enforcement of illegal signs and a blocked sidewalk on Del Starr Drive. Dan Caballero, 5338 Greenbriar,spoke regarding issues related to the zoning of property for townhomes. Flo East, 1605 Yorktown, and Mark Thomas, 1025 Graham, spoke in support of Agenda Item 35, conveyance of Parker Pool to Nueces County. Pat Polastri, 1605 Ocean Drive, spoke in opposition to the new landscaping in the median on Ocean Drive. Susie Luna Saldana,4710 Hakel, asked the City Council to consider the regional sports complex at the next City Council meeting. Preston Harrell, 8050 SPID; Matthew Simpson, 6317 Brianna Circle; Madeleine Fontenot, 4645 Ocean Drive; Cristina Winston, 5757 S. Staples; Sarah Coles, 6350 Meadowvista; and Joshua Tijerina, 9225 SPID, spoke in opposition to Agenda Item 37, a service agreement for the management of the Museum of Science and History with the Friends of the Museum of Science and History and the management of the previous Executive Director who was terminated. Margareta Fratila, 3606 Tripoli,spoke regarding utility bill issues, including procedures and deposits, related to rental properties. Lucinda Sohn, 527 Vaky, spoke regarding Agenda Item 37, a service agreement for the management of the Museum of Science and History with the Friends of the Museum of Science and History, and asked the City Council to consider the best option for the management of the Museum. Sam Susser, 3835 Ocean Drive, and Toby Shore,4102 Ocean Drive,spoke in support of Agenda Item 37, a service agreement for the management of the Museum of Science and History with the Friends of the Museum of Science and History and the previous Executive Director. H. BOARD &COMMITTEE APPOINTMENTS: 3. Park and Recreation Advisory Committee City of Corpus Christi Page 3 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 Mayor McComb referred to board and committee appointments. The following appointments were made: Park and Recreation Advisory Committee City Secretary Rebecca L. Huerta stated that the appointments to the Park and Recreation Advisory Committee were on the August 14,2018 Council agenda. Staff became aware after the meeting that there was a computer-generated reporting error made which showed five vacancies when there were only four. Staff is requesting that the City Council reconsider the appointments for the four vacancies. Council Member Rubio made a motion to appoint Twila Stevens, Casandra L. Lorentson, Hannah Husby, and Bobby Broderick,seconded by Council Member Lindsey-Opel and passed unanimously. K. CONSENT AGENDA: (ITEMS 4 - 25) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council Members requested that Items 4, 5,9, and 13 be pulled for individual consideration. Interim City Manager Keith Selman requested that Item 7 be tabled to August 28,2018. There were no comments from the public. Mayor McComb made a motion to table Item 7 to August 28,2018, seconded by Council Member Molina and passed unanimously. A motion was made by Council Member Molina, seconded by Council Member Rubio, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 6. Resolution 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 passed on the consent agenda. Enactment No: 031508 City of Corpus Christi Page 4 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 7. 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. This Item was tabled 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 8. 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 passed on the consent agenda. Enactment No: 031509 10. 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 passed on the consent agenda. Enactment No: 031510 11. 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. City of Corpus Christi Page 5 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 This Motion was passed on the consent agenda. Enactment No: M2018-137 12. 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. This Motion was passed on the consent agenda. Enactment No: M2018-138 14. 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 passed on the consent agenda. Enactment No: M2018-140 15. 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 6 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 and on-going Capital Improvement Program (CIP) projects. This Motion was passed on the consent agenda. Enactment No: M2018-141 16. 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 passed on the consent agenda. Enactment No: M2018-142 17. 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 passed on the consent agenda. Enactment No: M2018-143 18. 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 passed on the consent agenda. Enactment No: 031511 19. 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 passed on the consent agenda. Enactment No: 031512 20. Resolution Adopting Type B Board Certificate of Amendment City of Corpus Christi Page 7 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 Resolution adopting a certificate of amendment for the Corpus Christi B Corporation. This Resolution was passed on the consent agenda. Enactment No: 031513 21. 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): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031514 22. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031515 23. 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. This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Page 8 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 Enactment No: 031516 24. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031517 25. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031518 4. 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. Mayor McComb referred to Item 4. City Secretary Rebecca L. Huerta stated that Council Members Guajardo and Lindsey-Opel were abstaining from Agenda Items 4 and 5. Council members recognized Texas A &M University-Corpus Christi for their efforts in the community. There were no comments from the public. Council Member Molina made a motion to approve the motion,seconded by Council Member Smith. This Motion 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 City of Corpus Christi Page 9 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 Abstained: 2- Council Member Guajardo and Council Member Lindsey-Opel Enactment No: M2018-135 5. 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 item was discussed during Item 4. Council Member Molina made a motion to approve the resolution, seconded by Council Member Smith. 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: 031507 9. 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. Mayor McComb referred to Item 9. Fire Chief Robert Rocha stated that the City of Corpus Christi was awarded an AMBUS from the Texas Department of Emergency Management. The presentation team included Battalion Chief Billy Belyeu and Hilary Watt, Chairperson of the Regional Advisory Committee. In response to Mayor McComb,the presentation team reported the following information:that the AMBUS is a replacement unit with a value of $577,000; there are currently 13 AMBUS units in the State of Texas; and the AMBUS can respond regional and locally to disasters. There were no comments from the public. Council Member Rubio made a motion to approve the motion, seconded by Council Member Molina. 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: M2018-136 City of Corpus Christi Page 10 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 13. 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. Mayor McComb referred to Item 13, a five-year service agreement for drug and alcohol testing and occupational medical services. A council member spoke regarding the contract being with a new vendor and including review of the contract to ensure the vendor is meeting deliverables. Director of Human Resources Steven Viera stated that staff will provide annual reviews of the contract. There were no comments from the public. Council Member Garza made a motion to approve the motion, seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 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: M2018-139 M. BUDGET PRESENTATION: (ITEM 26) 26. Proposed FY2019 Budget Overview Mayor McComb referred to Item 26. Director of Human Resources Steven Viera stated that the purpose of this item is to provide an overview of the proposed FY2019 budget regarding the current state of the City's health plans and its impact to the current and future budgets. Mr.Viera presented the following information: a summary of the health plans'performance by month; the employee benefits and savings; a plan design comparison;the FY2019 benefits changes;the implementation of the BlueCross BlueShied Benefits Value Advisor; and the new programs put in place this fiscal year. Council members and staff discussed the following topics:the new Benefits Value Advisor; if supplemental benefits are only for employees; Police and Fire being charged the fair value of their respective health plans; meetings between staff and public safety to keep plans sustainable;the Wellness Programs and Premium Differentials being available to dependents;tracking city employment levels in relation to increase in health plan costs; and the comparison between private benefits and the City's benefits. U. EXECUTIVE SESSION: (ITEM 50) Mayor McComb deviated from the agenda and referred to Executive Session Item 50. The Council went into executive session at 1:28 p.m. The Council City of Corpus Christi Page 11 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 returned from executive session at 2:32 p.m. 50. 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. L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 50. N. PUBLIC HEARINGS: (ITEM 27) 27. 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. Mayor McComb referred to Item 27. Director of Planning and ESI Daniel McGinn stated that the purpose of this item is adopt proposed Unified Development Code text amendments related to signs in response to a recent U.S. Supreme Court ruling. Mr. McGinn presented the following information: an overview of the Reed v. Gilbert Supreme Court case;the Town of Gilbert's content-based regulations; non-content-based regulations; exceptions to commercial and non-commercial signs; and a summary of the proposed changes. Mr. McGinn stated that staff and the Planning Commission recommend approval of the amendments. Mr. McGinn and a council member discussed the sign industry stakeholder's meeting and communications with contractors that would be impacted by the changes. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Lindsey-Opel made a motion to approve the ordinance as amended,seconded by Council Member Rubio. This Ordinance was passed on first 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 O. REGULAR AGENDA: (ITEMS 28 - 29) City of Corpus Christi Page 12 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 28. Board Appointments - Corpus Christi Business and Job Development (Type A) Corporation Mayor McComb referred to Item 28. City Secretary Rebecca L. Huerta stated that City Council had previously requested that Type A Board membership be expanded from five to seven members. Item 29 is a resolution adopting Type A Board Certificate of Amendment and will increase the size of the membership from five to seven members. The names of the Type A Board members will be included in the Certificate of Amendment. Corpus Christi Business and Job Development Corporation Council Member Lindsey-Opel made a motion to appoint Leah Olivarri and John Valls, seconded by Council Member Rubio and passed unanimously. 29. Resolution Adopting Type A Board Certificate of Amendment (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. Mayor McComb referred to Item 29.Acting Executive Director of the Corpus Christi Business and Job Development Corporation (Type A Board)Constance Sanchez stated that the purpose of this item is to adopt a certificate of amendment to amend the Articles of Incorporation for the Type A Board. Ms. Sanchez stated that the amendments include changing the terms of the directors of the Type A Board to align with the City's fiscal year ending September 30,2018 and increasing the board members from five to seven members. There were no comments from the public. In response to a council member, City Secretary Rebecca L. Huerta stated that board members serve at the will of the City Council. Council Member Lindsey-Opel made a motion to approve the resolution, seconded by Council Member Rubio. 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: 031519 P. RECESS COUNCIL MEETING TO CORPORATION MEETINGS: (ITEMS 30 -31) Mayor McComb recessed the regular Council meeitng at 2:48 p.m.to hold Corporation meetings for the Corpus Christi Housing Finance Corporation and the North Padre Island Development Corporation. 30. Annual Board Meeting of the Corpus Christi Housing Finance City of Corpus Christi Page 13 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 Corporation This Corporation Meeting was held. 31. Regular Corporation Meeting of the North Padre Island Development Corporation This Corporation Meeting was held. Q. RECONVENE COUNCIL MEETING: Mayor McComb reconvened the Council meeting at 4:25 p.m. R. FIRST READING ORDINANCES: (ITEMS 32 -35) 32. 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. Mayor McComb referred to Item 32. Police Chief Mike Markle stated that the purpose of this item is to accept a grant in the amount of$40,000 from the Office of the Governor's Homeland Security Grants Division for the FY2019 Local Border Security Program. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 33. 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. Mayor McComb referred to Item 33. Director of Planning and ESI Daniel McGinn stated that the purpose of this item is to adopt an ordinance regarding a design manual and regulation and installation of small cell equipment within public rights-of-way. Mr. McGinn presented the following information: an overview of Senate Bill No. 1004 which requires cities to allow network providers to install wireless antennae in city rights-of-way and set parameters; the key features of the ordinance; reasons for adopting a small cell design manual;examples of the equipment; and the components of the design City of Corpus Christi Page 14 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 manual. Mr. McGinn stated that staff and the Planning Commission recommend approval of the ordinance. There were no comments from the public. Council members and staff discussed the following topics: guidelines and parameters for older areas of town,specifically the downtown area;the revenue generated;the ability to regulate standards in the North Beach area; and the flexibility to create districts in the future to regulate standards. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 34. 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. Mayor McComb referred to Item 34. Director of Financial Services Constance Sanchez stated that the purpose of this item is to appropriate a total of $4,057,253.90 of unappropriated interest earnings, reimbursement and miscellaneous revenue received during the year in the respective Capital Improvement Program funds from which they were earned. The funding can only be spent for purposes authorized. 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 Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 35. First Reading Ordinance - Conveyance of Parker Pool to Nueces County City of Corpus Christi Page 15 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 Ordinance authorizing the conveyance of Parker Pool property located at 654 Graham Road to Nueces County. Mayor McComb referred to Item 35. Council Member Greg Smith stated that the purpose of this item is to authorize the conveyance of Parker Pool to Nueces County. There were no comments from the public. Interim City Manager Keith Selman, Director of Parks and Recreation Jay Ellington, and council members discussed the following topics: a council member expressed support for the conveyance;the public-private partnership between Nueces County and the Coastal Bend Friends of the Aquatics; if there are any ongoing expenses;the City paying water and utilities;the transfer of liability;the reasons for conveying a portion of the Parker Pool property;the advantages to the City for assigning the property to Nueces County;the reversion clause; and the history of the City acquiring the property from Nueces County. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 S. FUTURE AGENDA ITEMS: (ITEMS 36 -48) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff had planned presentations on Items 37,47, and 48. 36. Resolution Adopting the 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 This Resolution was recommended to the consent agenda. 37. 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. MOTION OF DIRECTION Council Member Lindsey-Opel made a motion directing the Interim City City of Corpus Christi Page 16 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 Manager to invite both proposers to make a presentation to City Council, seconded by Council Member Rubio and passed unanimously. This Motion was recommended to the regular agenda. 38. 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 with SMG for additional expenditures in the amount of$250,000, with a restated total estimated contract value of$16,807,717.15. This Motion was recommended to the consent agenda. 39. 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. This Motion was recommended to the consent agenda. 40. 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 year plus reasonable expenses. This Resolution was recommended to the consent agenda. 41. 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. This Motion was recommended to the consent agenda. 42. 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 City of Corpus Christi Page 17 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 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. This Motion was recommended to the consent agenda. 43. 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. This Resolution was recommended to the consent agenda. 44. 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. This Resolution was recommended to the consent agenda. 45. 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. This Motion was recommended to the consent agenda. 46. Resolution Adopting an Affordable Housing Policy and Program Initiatives for the City of Corpus Christi, Texas. This Resolution was recommended to the consent agenda. 47. 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. This Motion was recommended to the consent agenda. City of Corpus Christi Page 18 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 48. Service Agreement for Al Kruse Tennis Center Motion authorizing a service agreement with Sweet Spot Tennis for management and operations service for AI Kruse Tennis Center. This Motion was recommended to the consent agenda. T. BRIEFINGS: (ITEM 49) 49. Briefing on Downtown Communication Kiosks Mayor McComb referred to Item 49. Business Liaison Arlene Medrano stated that the purpose of this item is to provide a briefing on Interactive Community Kiosks. Ms. Medrano presented the following information: an overview of interactive kiosk systems;the project scope; and pending Council's support, staff's recommendation to: gather input from stakeholders; conduct reference checks with cities that have implemented kiosks, and conduct a competitive Request for Proposal (RFP) process. Council members and staff discussed the following topics:the project scope including no investment from the City; data programming; maintenance of the kiosks; how people interact with the kiosks;the interactive kiosks providing an opportunity to communicate with citizens;support from a council member regarding installation of kiosks in the downtown area rather than conducting a study on wayfinding; revenue generation;the City of San Antonio's award of a contract for interactive kiosks;the ability to include emergency notifications; and if manufacturers provide demonstration units. MOTION OF DIRECTION Council Member Molina made a motion directing the Interim City Manager to move forward with setting up a demonstration of interactive kiosks and gather input from stakeholders, seconded by Council Member Lindsey-Opel and passed unanimously. BRIEFING ON TYPE B CORPORATION City Council Liaison Michael Hunter provided a briefing on the Type B Corporation meeting held on August 20,2018 including: the election of officers and financial report. V. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. The following items were identified:to include in the FY2019 proposed budget presentation a long-term strategy for police officer staffing; a presentation on anti-lobbying; and a discussion on the repairs related to the water fountains across from the American Bank Center and of the water garden. W. ADJOURNMENT City of Corpus Christi Page 19 Printed on 8/23/2018 City Council Meeting Minutes August 21, 2018 The meeting was adjourned at 5:19 p.m. City of Corpus Christi Page 20 Printed on 8/23/2018 City Of Corpus Christi CRIME CONTROL & PREVENTION DISTRICT BOARD DETAILS SIZE 9 Seats The Corpus Christi Crime Control and Prevention District is dedicated to crime TERM LENGTH 2 Years reduction programs and the adoption of a OVERVIEW TERM LIMIT 6 Yearsproposed sales and use tax at a rate of one-eighth of one percent. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION The District will consist of the same number of members as the City Council.A F-Elk member of the Board of Directors shall be appointed by each member of the City Council to serve at the pleasure of that member of the City Council for a term that is concurrent with the term of the member of the City Council that appointed the Director. Six-year term limitation. Confirmation of appointments by City Council as DETAILS per Texas Local Government Code 363.1015. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Texas Crime Control and Prevention District Act,Article 2370c-4,Vernons Texas Civil Statutes;Ord.023124, 11/11/97. ............................................................................................................................................................................................................................................................................................................................. MEETS 3rd Wednesday of every month at 2:30 p.m., City Hall,6th Floor Conference Room. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ........................................................................................................................................................................................................................................................ TERM DETAILS Concurrent with Council terms. ........................................................................................................................................................................................................................................................................................................................... DEPARTMENT Police Department .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION CRIME CONTROL & PREVENTION DISTRICT Page 1 of 1 Crime Control and Prevention District Members August 28,2018 One(1)vacancy representing the following categories:1-Council Member Greg Smith's Representative.(Board members serve terms concurrent with the Council member who appointed them.) Confirmation of appointment by City Council as required by Texas Local Government Code§363.1015. Fred Edler CRIME CONTROL&PREVENTION DISTRICT Pending Confirmation District 4 Partial 11/01/18 Council Member Greg Smith's Rep. Member Christopher Cruz CRIME CONTROL&PREVENTION DISTRICT Active District 5 1 11/01/18 Council Member Rudy Garza's Rep. Member Cissy L.Garcia CRIME CONTROL&PREVENTION DISTRICT Active District 5 1 11/01/18 Council Member Ben Molina's Rep. Member Randall Hicks CRIME CONTROL&PREVENTION DISTRICT Active District 5 3 11/01/18 Council Member Lucy Rubio's Rep. Member R.Scott Leeton CRIME CONTROL&PREVENTION DISTRICT Active District 5 3 11/01/18 Council Member Paulette M.Guajardo's Rep. Member Wendi Pollock CRIME CONTROL&PREVENTION DISTRICT Active District 4 1 11/01/18 Council Member Debbie Lindsey-Opel's Rep. Member Susie Saldana CRIME CONTROL&PREVENTION DISTRICT Active District 1 2 11/01/18 Mayor Joe McComb's Rep. Chair Sylvia A.Tryon-Oliver CRIME CONTROL&PREVENTION DISTRICT Active District 2 1 11/01/18 Council Member Everett Roy's Rep. Member Joan Veith CRIME CONTROL&PREVENTION DISTRICT Active District 3 2 11/01/38 Council Member Michael T.Hunter's Rep. Member CITY OF CORPUS CHRISTI Submit Date: Aug 20, 2018 Application for a City Board, Commission, Committee or Corporation Profile Fred Edler 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 7.5 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Retired Vice President Employer Job Title N/A Work Address-Street Address and Suite Number N/A Work Address-City Fred Edler Page 1 of 5 N/A Work Address-State N/A Work Address-Zip Code N/A Work Phone 3rdcoastfred@gmai1.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CRIME CONTROL & PREVENTION DISTRICT: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Would like to serve on "Crime Control and Prevention District ". Education, Professional and/or Community Activity (Present) President, LaPosada Foundation-current Chairman, Padre Island Yacht Club Long Range Planning Committee, Past Commodore Graduate Loyola university Vice President of BFI and Waste Management- retired Why are you interested in serving on a City board, commission or committee? Active on the Island, District 4. Have led my HOA in Houston in forming a Neighborhood Watch Program. Demographics Fred Edler 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 Fred Edler 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. All answers were "no". Fred Edler Page 4 of 5 Board-specific questions (if applicable) Fred Edler Page 5 of 5 City Of Corpus Christi LIBRARY BOARD BOARD DETAILS SIZE 9 Seats The Library Board shall be advisory to the City Council and its duties shall be to TERM LENGTH 2 Years investigate and recommend to the Council OVERVIEW TERM LIMIT 6 Yearsmatters relating to library services. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Nine(9)members of which seven (7)members shall be appointed for two-year ■ terms by the City Council,one(1)member shall be nominated by the La Retama '� Club,and one(1)shall be nominated by the Friends of the Corpus Christi Public ■ Libraries Board for a term of two-years.Each nominee must be confirmed by a majority of City Council Members. DETAILS .................................................................................................................................................................................................................................................... CREATION/AUTHORITY Section 2-75,Code of Ordinances.Ordinance Nos. 1889, 12044, 13235, 18473, 18606, M85-0399,8-27-85; 19830,7-7-87; M87-0330,9-22-87;20115, 12-17-87; 20294,5-3-88;20674,5-16-89; 022900,4-15-97;027945, 11-18-08. ................................................................................................................................................................................................................................................................................................. MEETS 1st Tuesday of every month, 10:30 a.m., La Retama Central Library Board Room, 2nd Floor,and occasional location changes to other Branch Libraries. ............................................................................................................................................................................................................................................................................................ TERM DETAILS Two-year terms. ............................................................................................................................................................................................................................................................................................................................... DEPARTMENT Libraries .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION LIBRARY BOARD Page 1 of 1 Library Board August 28, 2018 One(1)vacancy with term to 11/5/19. Zoraida J.Basaldu LIBRARY BOARD Resigned District 5 1 11/05/19 Regular Member Nicole Carroll LIBRARY BOARD Active District 4 1 11/05/19 Regular Member Candace S.Hart LIBRARY BOARD Active District 1 1 11/05/19 Regular Member Tom Krepel LIBRARY BOARD Active District 5 1 11/05/18 Regular Member Alice Nixon LIBRARY BOARD Active District 5 1 11/05/18 La Retama Club Julie T.Rogers LIBRARY BOARD Active District 1 1 11/05/19 Regular Member Brian Solarek LIBRARY BOARD Active District 4 3 11/05/19 Regular Member Janis G.Wood LIBRARY BOARD Active District 3 1 11/05/18 Regular Member Harris M.Worchel LIBRARY BOARD Active District 5 1 11/05/18 Friends of the Libraries Board Library Board Applicants August 28, 2018 Belinda Barrera LIBRARY BOARD District 3 Port Royal Hwy 361 Port Aransas TX Kathy R. Ellington LIBRARY BOARD District 4 Semi-Retired Sharron K.Hines LIBRARY BOARD District 4 Retired Ida A.Hobbs LIBRARY BOARD District 5 Corpus Christi Medical Center 7101 SPID Corpus Christi TX Vickie C.Natale LIBRARY BOARD District 2 Retired -� Janis G.Wood LIBRARY BOARD District 3 Retired CITY OF CORPUS CHRISTI Submit Date: Nov 25, 2017 Application for a City Board, Commission, Committee or Corporation Profile Belinda Barrera First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No 41 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Port Royal front desk Employer Job Title hwy 361 Work Address-Street Address and Suite Number port aransas Work Address-City Belinda Barrera Page 1 of 5 tX Work Address-State 78373 Work Address-Zip Code 3617495011 Work Phone lovebblucky@yahoo.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CITIZENS ADVISORY HEALTH BOARD: Submitted CORPUS CHRISTI COMMISSION ON CHILDREN & YOUTH: 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) college student major communications Why are you interested in serving on a City board, commission or committee? to be involved in my city Demographics Belinda Barrera 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 Belinda Barrera 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 Belinda Barrera Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN &YOUTH Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Health and Human Services 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 Belinda Barrera Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Apr 16, 2018 Application for a City Board, Commission, Committee or Corporation Profile Kathy R. Ellington Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 2.75 years If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone 5825 Ocean Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Kathy R. Ellington Page 1 of 5 78412 Work Address-Zip Code kaki3881 @gmail.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Board Member of Symphony Guild of Corpus Christi Degree-Early Childhood Education/Library Science minor Certified Adult Literacy Coach Community Non-Profit Consultant Certified Leadership Professional Why are you interested in serving on a City board, commission or committee? Libraries serve an integral part of the community. Libraries give people a place to gather, , to educate, to explore to achieve and to learn , especially about themselves. The library welcomes ALL, regardless of age, demographics or beliefs. The library is a special place to grow imaginations and minds. I want to give back to the community that has so richly embraced me. Upload a Resume Please upload any additional supporting documents. Demographics Kathy R. Ellington 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 Kathy R. Ellington Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. My husband is a city employee. He is Director of Parks & Recreation, E. Jay Ellington. Kathy R. Ellington 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 Kathy R. Ellington Page 5 of 5 Kathy R. Ellinqton April 16, 2018 Tamera Franklin City of Corpus Christi,Texas 1201 Leopard Street Corpus Christi, Texas Dear Ms.Franklin, I am pleased to submit my letter of interest to serve as a member of the Corpus Christi Library Board. My background as a progressive community leader coupled with many years of non-profit management experience qualifies me to be an advisor for our library system. As a Trustee for the Butte Silver Bow County,Montana Library system, I was responsible for policy decisions and library operations.Trustees of the library approved budgets and personnel contracts and approved innovative library activities. During my tenure as a Trustee, I was on the hiring committee to recruit and hire the library director. It is my feeling that libraries serve as a compass for evidence based decisions to serve the community today and in the future.Libraries anchor communities and are central to activities of our city.I firmly believe libraries are an integral ingredient in providing quality of life in Corpus Christi. As former Executive Director of the Butte, Montana Literacy Program, I recognize low literacy skills create barriers to seeking and maintaining steady employment.I understand the importance of job skill training as a pathway for reducing poverty and increasing self-sufficiency. I am proud to have assisted in the development of strategies to help others maximize their potential. I also have experience researching and writing grants to enhance funding.I pride myself in approaching my work with precision, professionalism and care.I am decisive, detail oriented and work well under pressure. As past Executive Director of a community leadership program I understand how business, government and non-profits convene leaders to improve communities. I believe new partnerships and synergetic solutions are established when all parties come together in a collaborative leadership effort. It is my belief that as a community we are most effective when we work together and connect ideas, skills and resources to create solutions. I believe in focusing on building blocks of a good quality of life for everyone which includes education, financial stability and health. My resume is attached for your review.Thank you for allowing me to be considered to serve on the Library Board. Respectfully yours, Kathy R. Ellington Kathy R.Ellington Kathy R. Ellington CAREER ACCOMPLISHMENTS 1. Leadership Prince William ■ Worked with Chamber of Commerce Task Force to establish a community leadership program in Prince William County, Virginia ■ Guided the 501(c)3 process from beginning to end ■ Developed a 10-month curriculum designed to bring high level corporate, government and nonprofit leaders together for open dialogue around community issues and opportunities. ■ Recruited a pool of leaders yearly for the program ■ Managed annual budget of$150,000 ■ Obtained 100% funding for annual underwriting 2. The LIGHTHOUSE at Wilkerson Terrace ■ Developed a Pre-Kindergarten/Parenting program within a Federal Housing Project ■ Provided instruction in parenting skills, life skills and job training to low- income parents ■ Assisted in marketing the LIGHTHOUSE program to the community ■ Assisted in obtaining nonprofit status and funding 3. The HOME AGAIN Project ■ Successfully launched a program for homeless families in Redlands, California ■ Worked with city administration to coordinate initial operating grant ■ Wrote and acquired grants ■ Effectively guided the program in a merger with a larger non-profit ■ Succeeded in establishing the program as a prototype for the State of California Innovative Leadership ■ Selected by the Shreveport Junior League to serve as volunteer Chairman of the Red River Revel, an 8-day outdoor visual and performing arts festival ■ Coordinated tasks of 5,000 volunteers ■ Raised over $100,000 in underwriting and investment support through community solicitation ■ Coordinated social service consortium to prepare/register homeless children in public school ■ Coordinated volunteer support committee for an adoption agency ■ Organized a grant workshop for social service agencies ■ Served as a mentor for new teachers ■ Designed curriculum for private, state accredited pre-k program ■ Served on committee to study/evaluate admission charge to add sustainability to the Louisiana Peach Festival ■ Awarded community grants for Health Partnership ■ Initial founder and board member of Cedar Creek School Foundation ■ Formed Foundation Development Committee for Redlands United Methodist Church Community Involvement ■ Junior League of Shreveport ■ The Red River Revel Governing Board ■ Board of Directors St. Joseph Catholic School ■ United Way of North Louisiana Strategic Advisory Committee ■ Redlands United Methodist Church Foundation Development Committee ■ Redlands Bowl Associates — (community amphitheater fundraising organization) ■ Cedar Creek School Strategic Development Committee, Ruston, LA. ■ Aquia Episcopal Church Community Outreach Board ■ Board of Regents, Leadership Prince William ■ Board of Directors, Prince William Health Partnership ■ Board of Trustees, Butte Silver Bow Public Library System ■ Board Member, Butte Symphony Association Butte, Montana ■ Board Member, Mother Lode Theater Butte, Montana ■ Corpus Christi Symphony Guild, Recording Secretary ■ Corpus Christi LIVE, Board Member Professional Development ■ Louisiana Tech University, Elementary Education ■ Grambling State University, Early Childhood Education ■ Association of Leadership Professionals ■ Certified Literacy Coach ■ Experienced facilitator in non-profit management and strategic planning Experience ■ Resource Development Associates January 2015-present ❖ Provide organizational management expertise to organization/company ❖ Serve as an educator, coach, facilitator for organization/company ■ Butte Literacy Program, Butte, Montana January 2015-August 2015 ❖ Coordinator ❖ Responsible for day to day operations of program including grant writing, grant supervision, budget, fund-raising ❖ Marketed program to the community ❖ Created volunteer training manual ❖ Recruited and trained literacy volunteers ❖ Recruited adult learners in need of obtaining/improving literacy skills ■ Leadership Arlington, Arlington, Virginia March 2013-July 2013 ❖ Chief Development Officer ❖ Established donor base program to track donors ■ Leadership Prince William, Prince William, Virginia 2006-2013 ❖ Established base for innovative community based leadership program ❖ Created separate "think tank" program populated by leadership alumni members whose purpose was to assist community non- profits find solutions to organizational issues. ❖ Created bi-yearly forums for leadership alumni ■ Cedar Creek School, Ruston, Louisiana 1998-2006 ❖ Department Head, Pre-Kindergarten ❖ Lead Teacher- Pre-Kindergarten • Lincoln Parish Head Start, Ruston, Louisiana 1998 School Year ❖ Teacher Aide/Teacher Assistant ■ Family Service Association, Redlands, California 1996-1998 ❖ Division Director, Home Again Project ■ Home Again Project, Redlands, California 1993-1996 ❖ Founding director for social service agency providing counseling to homeless families ■ Grant Writer, City of Redlands, California- 1992-1993 ❖ Responsible for writing and acquiring grants for City Departments ■ The Lighthouse, Shreveport, Louisiana- 1988-1992 ❖ Pioneered innovative program in public housing project ❖ Obtained funding ❖ Instructed children ❖ Coached parenting skills, job training ❖ Marketed program to community Family ■ Married to E. Jay Ellington, Director of Parks & Recreation City of Corpus Christi, Texas ■ Three children, two grandchildren References: Stef Johnson Executive Director, Butte Silver Bow Public Library PHONE: Cathy Maloney Superint Silver Bow Public Schools PHONE: Revonda Stordahl Executiv tte Silver Bow Housing Authority PHONE: • Molly Grove Director, Camnus Relations George Mason University PHONE: • Jan Day Gravel Principal pment Corporation PHONE: • Lynn Haueter Former D s Christi Symphony Executive Director PHONE: CITY OF CORPUS CHRISTI Submit Date: Apr 24, 2018 Application for a City Board, Commission, Committee or Corporation Profile Sharron K Hines First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No less than a year If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Retired Engineering Technican Employer Job Title retired Work Address-Street Address and Suite Number Sharron K Hines Page 1 of 5 retired Work E-mail address Preferred Mailing Address fJ Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) Some College, Military Training Why are you interested in serving on a City board, commission or committee? To give back which I have been given so much. 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 Sharron K Hines Page 2 of 5 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-- No Sharron K Hines Page 3 of 5 Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r., No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (:- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. n/a Board-specific questions (if applicable) Question applies to 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 Sharron K Hines Page 4 of 5 Sharron K Hines Page 5 of 5 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: Aug 20, 2018 Application for a City Board, Commission, Committee or Corporation Profile Dr. Vickie _ C. Natale Prefix 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 r No 40 years; 28 years in current residence If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone retired Assistant Vice President Employer Job Title retired Work Address-Street Address and Suite Number Dr. Vickie C. Natale Page 1 of 6 retired Work E-mail address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Degrees: B.A. in Mathematics and Psychology from Baylor University; M.B.A. from Texas A&M University - Corpus Christi; Ed.D. from Texas Tech University I served as an administrator at Del Mar College for 33 years, and I was an Associate Vice President at Northern Kentucky University for six years. I retired from higher education administration last year. I am a member of the American Association of University Women (AAUW) and have been involved in the organization's community service activities. I assist with quarterly book sales at Neyland Library to raise funds for college scholarships and to provide donations to the Library that support the Children's Reading program and supplement the "classics collection" at the Library. I have participated in community outreach activities at the YWCA that promote self-esteem and respect for disadvantaged pre-teen girls, and I have participated in the organization's annual recognition to college-bound senior girls at Moody High School. Most notably, I volunteered my time and skills this spring to create a website for the AAUW Corpus Christi Branch which will help increase the visibility of the organization and clearly demonstrate to the local community the mission and purpose of the organization. Why are you interested in serving on a City board, commission or committee? I am a strong supporter of education, having worked 40 years in higher education. Increased levels of literacy and education in our community will create a better educated workforce, which will lead to improved economic development for our region. Libraries are the backbone of a good educational system. All education levels, pre-k through graduate education, need the support of strong, community-based libraries, like the Corpus Christi Public Library. From special programs offered at the library that inspire young children to enjoy reading to the advanced resources needed by college students to complete their studies, the library serves a vital function for our community. As a frequent patron of the Corpus Christi Public Library, I am interested in helping to promote the Library's mission for all of our citizens, and I have the energy and skills to serve the board well. Upload a Resume Dr. Vickie C. Natale 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 Dr. Vickie C. Natale 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 Dr. Vickie C. Natale 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. no "yes" answers 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? TJ None of the above Dr. Vickie C. Natale Page 5 of 6 Vickie C. Natale, Ed.D. EDUCATION Ed.D. Texas Tech University, Lubbock, TX Doctorate of Education in Higher Education Administration M.B.A. Texas A&M University—Corpus Christi Business Administration B.A. Baylor University, Waco, TX Mathematics and Psychology, magna cum laude SUMMARY OF PROFESSIONAL EXPERIENCE Northern Kentucky University 2011-2017 • Assistant Vice President, Planning& Institutional Research • Executive Director, Planning and Performance Del Mar College 1978-2011 Served in a variety of administrative positions over 33 years: • Dean of Administrative Services • Director of Accreditation and Compliance Services • Director of Institutional Effectiveness • Director of Planning and Institutional Research • Coordinator of Testing Corpus Christi State University (now TAMUCC) 1982- 1983 • Adjunct Faculty, Department of Business Baylor University 1976- 1978 • Statistics Lab Instructor, Department of Psychology Resume: Dr.Vickie C. Natale Page 1 SELECTED PROFESSIONAL ACTIVITIES & COMMUNITY ENGAGEMENT 2017-present Webmaster and member,American Association of University Women (AAUW) 2008-present Member,Texas Association of Chicanos in Higher Education (TACHE) DMC Chapter 2010-2011 Chair,Texas Association of Chicanos in Higher Education (TACHE)Textbook Scholarship Fundraiser 2014-2016 Executive Workgroup, Kentucky Council on Postsecondary Education (CPE) Performance Funding Model 2015-2016 Advisory Committee, Kentucky Council on Postsecondary Education (CPE) Strategic Planning Metrics 2014-2017 Chair, Northern Kentucky University President's Data Team 2015-2017 Chair, Northern Kentucky University Management Dashboard Implementation Steering Committee 2014-2017 Co-chair, Northern Kentucky University Data Governance Committee 2012-2013 Ex-officio, Northern Kentucky University Strategic Planning Committee 2014-2015 Editor, Northern Kentucky University's NCAA Institutional Performance Program Self- Study 2008-2011 Accountability Measures Committee, Texas Higher Education Coordinating Board Large Colleges Group 2010-2011 Staff Advisor and Provost Liaison, Del Mar College Curriculum Committee 2007-2011 Chair, Del Mar College SACS Accreditation Compliance Team 1996-2009 Chair, Del Mar College Council for Planning and Institutional Effectiveness 1989-present President, Past-president, Secretary, Treasurer, and emeritus member,Texas Association for Institutional Research 2004 Founding Member, Del Mar College Friends of Music 2003-2006 Academic Booster, W.B. Ray High School 2002-2003 Committee Member,Texas Association of Community Colleges Economic Impact Study 2000 Outstanding Member Award recipient,Texas Association for Institutional Research 1999-2006 Band Booster, W.B. Ray High School and Baker Middle School 1994-2003 Troop Leader, Girl Scouts of the USA, Paisano Council PUBLICATION Natale, V. C. &Jones, S.J. (2017). Impact of institutional and student characteristics on Texas community colleges under the state's performance funding model. Community College Journal of Research and Practice, 42:10, 660-677, DOI: 10.1080/10668926.2017.1352543 GRANT Report on retention and graduation of students from urban core schools in Cincinnati/Northern Kentucky region who enroll at Northern Kentucky University. Principle Investigator for StrivePartnership grant funded through KnowledgeWorks,July, 30, 2015 ($15,000). Resume: Dr.Vickie C. Natale Page 2 CITY OF CORPUS CHRISTI Submit Date: Aug 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile Janis G. Wood First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No 20 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Retired Work Address-Street Address and Suite Number Work E-mail address Janis G. Wood Page 1 of 5 Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? LIBRARY BOARD: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) BA in English, MS in Library Science. Past president of the CC American Assoc. of University Women, member of the CC Area Retired Teachers, member of the CC Delta Kappa Gamma Education Society, member of the Nueces County Historical Society. Why are you interested in serving on a City board, commission or committee? As a retired library administrator, I feel I can be of service to the city in the area of library support. Upload a Resume Demographics Gender rJ Female Verification Janis G. Wood 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 Janis G. Wood 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. No to all questions Board-specific questions (if applicable) Janis G. Wood Page 4 of 5 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? V None of the above Janis G. Wood Page 5 of 5 Corpus Christi is my home town. I graduated from Ray High School and attended Del Mar College. I married Corpus Christi native Ernest Wood, who was an Air Force officer. We lived in several states while Ernest was in the Air Force for 20 years. We had three sons. In 1973 the family moved to McAllen, Texas where I finished two college degrees. I graduated from Leadership McAllen and was appointed to the Public Library Board. I was employed by McAllen ISD where I was the Director of Libraries for the (then) 32 schools in McAllen. When I retired from education in 1995, Ernest and I returned to Corpus Christi where two of our three sons live. That was a very good move on our part. se GO O� Va. AGENDA MEMORANDUM NORROPPEFuture 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: 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 with SMG 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 $120,946.00 Page 5 of 5 6/14/2018 EXHIBIT A Page 5 of 5 a) p Q Q 0 0 0 0 0 0 0 0 0 0 0 0 _ O O O O M O o 0 m m m LO M LO O d Q 0 0 0 0 0 LO 0 0 ~ ~ ~ O O O M E sco iO LO M N M N U Nd O o U a� LU -0 fl � Q (1) O O O O O O O O Q Q Q O O O O E E D O O 00 O o 0 o m m m o 0 0 0 `E (D (1) = 0 0 0 0 0 0 o ti F- F- F ti o I` ti 0 Of V 64 O LO O LO O N N LO �t 0 _ Lf) I-- L() I-- L() CO N O) 6 Ldl It Ldl 4' ami I E R 69 69 09 Ef? 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Q .� � 4�., a) m a) O = a� u� cv °� U cv O O cz cB m IL p m U U) Q d d 0 CO CO fn m Q F- Z Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 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 t o r �. s ' _ t a , ~' +J- c. . 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%kV TSPLSFIRMINo."oizssoo ELEVATED WATER STORAGE TAN LS LCITY WIDE(ACR PHASE -) CORPUS 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' 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 UsesCommercialUse 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 , E occupant and/or address of a residential structure. Standards (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„iitiGal S' Atmmpnran/ Ginn that Gi InnnrtG nr n ��n nnlitin.�l rnfn rnni-1 ilm r #TE = Standards DOE- county F d l d i 7' /41 Dnlitinal GignG may be plaGa g /91 Dnlitinal GignG May not hlnnL aRY intra rG nntinn rleaF Sight triangle /21 DnlitiGal GIgnG May not be r ` right efway Page 2 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 temperaFy nrmmGtinnal o„ontG containing commercial speech are w allowed on the premises of fechurches, 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 . Anv Gl lnh Ginn mw nnntain an i McSSago nthor than A- nnmmorniA1 McGGagn If a mnooagt_n PP_Iatt_QS_; t ��inn nr onnn�rcP nt 66 inh Ginn car 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: Page 3 7.5.13.E. Insfitutmenal Freestanding and Wall Signs for Noncommercial Uses 1 . Any noncommercial use such as a school, house of worship, recreation center or other ince+i+ii+ieAc- Public or Civic U se 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. signs for noncommercial use located on the premise may include changeable copy signs, not to exceed 30% of the sign area. b 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. 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 inc+i+ cal uses, the restrictions stated in Subsection 7.5.13.E SECTION 8. 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: Thorninnli irJo hi i+ arc are peIc rrrmTced-t exn�iCvS n�rr9-pvlrtFE'uivTe�S, Fel•Igin�d-iiews ci ippon fnr a ni 1hlin Pd.inAtiPAP, nr 661PPAGO r` }� r A nnnnnmmorni._l P ihlin eVeRt GF nr PGSitir`n }nor e♦-�} X71-thi-9 .Ah.�.—��avci Thii`�-P_efi.Air a hFGa�-IIy GGnc.461eedrtheFe 0 nY r'ter�vage at SII io A nennnmmorni. gage Prntanted Page 4 er t#i; cd(Q rds, symbols, logos, pictures or any combination thereof that is not defined as a commercial message. Sign: An, � 6461GtuF8, fFaMe,IetteF, f+guFe, Gactor maple plaRe nein+ deGigR nirtH-a o � o tFa dE?MaFk nr FE?a Iinn MaUPr V.9hinh io i 1-sed Ar cn�n3^,�Src �� , tcrcracmcrnrrnT�rrtucc accr-vr in+onrlarl +A ho 113oi-I tG attFaG+ attE?R+iGR, GGRVE? i infGFMatiGR o i` E?Rtify Gr adVer+ioo aRY e6lish m 0 0 r ooi i-QA camo i 4no� oT O..A VieW Gf the geReFal n611910n That 'gn"mac.hhal�� inn flag Gr )-eRR +n+ nr in �" `J Ra �ni.� n t9f. A—A Gr of .env State, Git y Ft, , �crt �vcrcrt�rr-vrrrat�s,�rvrurr� , religini is nrgapiza+i^n 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. SECTION 9. 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 10. 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 11. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 12. This ordinance is effective immediately upon passage. Page 5 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 6 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 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 � a _cNa AGENDA MEMORANDUM 1 First Reading Ordinance for the City Council Meeting of August 14, 2018 _ias� 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.corn (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.corn (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 FM 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.N A (Page I) N/A/LFI Legistar No 18-0935 Rev. 2-07/31;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/NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: o Operating X Revenue ❑ Capital o 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) NMH Legis,ar No.:18-0935 Rn. I - O7pl,lR 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) 14357.65 3019 Airport CIP Fund (Other) 4,019.34 3024 Airport 2000A CIP Fund (Rev) 988.17 3025 Airport 2000B 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 Impry 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) 6,518.92 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 99,933.46 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 08G0) 0.00 4528 StormW 2010A CIP REV tax-exmpt 0.00 4529 Storm Wtr 20108 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-08GO) 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 2012B 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 2010B 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 20128 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 20108 REV TxbI 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-UNIT 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 3226-888 Interest 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 I 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 -J -J 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 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 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) iA+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 GL 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 GL 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 Cl 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 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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 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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 CB 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 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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 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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.ACTIVITY-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 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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 -W W W FD 4510-888 Interest on investments 4530-888 Interest on investments 4531-888 Interest on investments 4540-888 Transf from other fd-STW FD 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-CIP 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 contribute 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 C8543 C6543 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 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 Lufthansa CB175 CB543 M000074 M000074 M000074 M000074 M000074 M000074 M000074 M000074 M000074 M000074 M000074 M000074 CR400L CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB175 Ethihad CB175 Qantas Air Canada CB543 B1123 C8543 C8543 C8543 C8543 C8543 C8543 Singapore Ethihad Lufthansa Qantas C8175 Air Canada C8543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 Lufthansa Qantas Air Canada Singapore CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 Lufthansa Air Canada Qantas Singapore C8543 MK00000001 CB543 CB543 CB543 CB543 CB543 08543 C8543 CB543 CB543 CB175 Lufthansa Singapore CB175 Etihad CB543 8M00000001 8M00000002 9M00000001 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 CB543 Lufthansa Qantas CB175 CB543 Refund CSJ C8543 CB543 CB543 CB543 C8543 CB543 CB543 Etihad C3175 Qantas Singapore CB543 BL123 CB543 CB543 CB543 CB543 C8543 CB543 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 ETIHAD 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 YE17353001 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 CORPAXM6 24 -4000 YE17353001 -637574.7 YE1735300A 637574.7 Bus pad reimb 09-10 -547633 VE17353001 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 VE17354901 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#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#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 if 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 ft 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 It 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 it 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 ORD031288 Arpt■fer to ArptCIP -544395.98 Inv#3020B Interest Received -307.82 Inv#3024 Interest Received -85.09 Inv#3025 Interest Received -8.52 Inv#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#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#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 ETHIHAD -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 -144738 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 20171r 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 ETHIHAD -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#30208 Interest Received -11.31 Inv#30208 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#30208 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 -1513 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#3020B 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 OP -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: T16356 -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 -3155.38 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#30208 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#3541 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 ETIHAD -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#3020B 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 20188 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 VE17353001 678560.74 Rcrd Paving Revenue -485.01 Summarized transaction 301325.7 Reversal YE17353001 -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#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 20184 CO Tax& Ltd Pldg Re -9776152.58 Rec 2018 GO Impt -16042476.17 Rec 20184 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.ACfIVITY-GRP ACTIVITY Cost Recovery-CIP 3530-888 ACTIVITY.LONG-DESC-2 APDISTRIB.VENDOR PO INVOICE REFERENCE Refund CSJ DESCRIPTION AMOUNT REFUND CSJ 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 5815 342300 9 CB 2017 12 9/5/2017 _ w 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 -1101.231 AVIATION - PFC -21.95 SC v �CONYORp1, AGENDA MEMORANDUM 1852 for the City Council Meeting of August 28, 2018 DATE: August 14, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Water Utilities DanG(o-)-cctexas.com 361-826-1689 Water, Stormwater and Wastewater— Cost of Service and Rates STAFF PRESENTER(S): Name Title/Position Department 1. Mark Van Vleck Assistant City Manager 2. Dan Grimsbo Executive Director of Water Utilities Water Utilities 3. Reba George Asst. Director of Support Services Water Utilities OUTSIDE PRESENTER(S): none BACKGROUND : This presentation will review Water, Stormwater and Wastewater operations, costs and impacts on water and wastewater rates. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation se GO � O H U NCOMB 1ED 1852 AGENDA MEMORANDUM First Public Hearing for the City Council Meeting of August 28, 2018 Second Public Hearing for the City Council Meeting of September 11, 2018 DATE: August 9, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo-Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Public Hearing on Fiscal Year 2019 Ad Valorem Tax Rate CAPTION: Public Hearing on Fiscal Year 2019 Ad Valorem Tax Rate PURPOSE: The State Property Tax code requires that two public hearings be held when a taxing unit proposes a tax rate that exceeds either the rollback rate or the effective tax rate, whichever is lower. BACKGROUND AND FINDINGS: The City of Corpus Christi is proposing a tax rate of $0.626264 per $100 valuation for fiscal year 2018-2019. Since this rate exceeds the effective tax rate of $0.587321 per $100 valuation, the Property Tax Code requires that the governing body schedule two public hearings on the proposal. The first public hearing will be held on Tuesday, August 28, 2018, and the second public hearing will be held on Tuesday, September 11 , 2018. The vote for the final adoption of the tax rate will be held at the September 18, 2018 City Council meeting. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: • N/A DEPARTMENTALCLEARANCES: • Office of Management and Budget FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital ❑Not Applicable Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - $ 120,873,385 $ 120,873,385 Encumbered/Expended amount of(date) - - - - This item - $ 120,873,385 $ 120,873,385 BALANCE - - $ - $ - FUND(S): General Fund $74,656,296 Debt Service Fund $42,356,947 Residential Street Fund $3,860,142 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ad valorem tax rate of $0.626264 per $100 valuation on September 18, 2018. LIST OF SUPPORTING DOCUMENTS: • None SC o� Va. v AGENDA MEMORANDUM NORROPpEO Public Hearing for the City Council Meeting of August 28, 2018 1852 DATE: August 14, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo, Assistant City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Public Hearing on Fiscal Year 2018-2019 Operating Budget CAPTION: 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 am at City Hall, 1201 Leopard Street, Corpus Christi, Texas. This budget will raise more total property taxes than last year's budget by $7,680,380 (General Fund $4,304,431 Debt Service Fund $(484,193), Residential Street Reconstruction Fund $3,860,142), or 6.8%, and of that amount an estimated $2,127,240 is tax revenue to be raised from new property added to the tax roll this year. PURPOSE: Section 102.006 of the Texas Local Government Code requires the governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing. Section 102.007 (c) of the Texas Local Government Code requires a separate vote on a budget that will require raising more revenue from property taxes than the previous year to ratify the property tax increase reflected in the budget. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: None. This public hearing and approval of budget is required by City Charter. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This item conforms to City Policy. EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTALCLEARANCES: Office of Management and Budget FINANCIAL IMPACT: 0 Operating 0 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 BALANCE Comments: RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: FY 2018-2019 Operating Budget Presentation Schedule of Amendments PROPOSED OPERATING BUDGET FY 2018-2019 ------ ------------- 0 PUBLIC HEARING August 28 , 2018 c.52 ) EMPLOYEES ---------------------------------------------------------------------------------------------------------- (D -- ----------------------------------------------------------------------------------------------------- General 1762,71 01W 1748.74 1746.73 Enterprise 737.40 742.40 _ 747.40 Internal 298 290 283 Special 310.8 290.20 290.20 Subtotal 31o8.9i 3071.34 3067.33 Grants 91 91 93 Total 3199.91 3162.34 316o.33 0 Total Employees 9 3% 9% General Enterprise 55% Internal Special 24/ Grant T.52 REVENUE/EXPENDITURES ----------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------- -m ' Proposed FY 2-oig FY 2-oig Net Budget Revenue Expenditures I 1 General $253,419,204 $253,419,204 $0 Enterprise 307339,931 329,207,321 (21,867390) Internal Service 104,171,029 8 1 10 9�5 7�912 (5�4 6,883) Special Revenue 115,150,436 114,13908 1 011 8 >34 Debt Service 12 10 8 1 2 4� 737 122,73 ,4 4 1,375,954 Total $904�187�978 $92%084949 $(24,896971) 3.52 10-Year Property Tax Rates (M&O/I&S) --------------------------------------------------------------------------------------------------------- O ------------------------------------------------------------------------------------------------------------ Adopted Tax Rate per $100 Valuation 0.64 0.63 0.626264 0.62 0.61 0.606264 0.606264 0.606264 0.6 — 0.59 — 0.582269 0.5852640.585264 0.58 — 0.570557 0.570557 0.57 ,563846 0.56 — 0.55 — 0.54 — 0.53 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Proposed FY 2019 GENERAL FUND PROJECTED CHANGE IN FUND BALANCE ---------------------------------------------------------------------------------------------------------- 0 --------------------------------------------------------------------------------------------------------- Estimated Beginning Balance 10/1/18 $ 5239503574 Projected Changes $ -0- Total Projected Ending Balance 9/30/19 (20.9%) $ 539503574 • Minimum Fund Balance (17%) $ 43,081,265 • Goal (25%) $ 63.354,801 �S 1862 INTERNAL SERVICE FUNDS PROJECTED CHANGE IN FUND BALANCE ---------------------------------------------------------------------------------------------------------- 0 --------------------------------------------------------------------------------------------------------- Estimated Beginning Balance l0/1/18 $ 45,410,551 Projected Changes $ (5,416,883) Total Projected Ending Balance 9/30/2019 $39,993,668 Target $ 27,984,878 Fleet Future Replacement Restricted $3,921,245 Total Restricted + Reserve $31,806,123 SPECIAL REVENUE FUNDS PROJECTED CHANGE IN FUND BALANCE ---------------------------------------------------------------------------------------------------------- 0 --------------------------------------------------------------------------------------------------------- Estimated Beginning Balance l0/1/18 $ 132,878,085 Projected Changes $1,011,348 Projected Ending Balance 9/30/19 $ 133,889,43a p.52 ENTERPRISE FUNDS PROJECTED CHANGE IN FUND BALANCE ---------------------------------------------------------------------------------------------------------- (D ---------------------------------------------------------------------------------------------------------- Estimated Beginning Balance l0/1/18 $109,042,220 Projected Changes $ (21,867,390) Total Projected Ending Balance 9/30/19 $ 87,1Z4,930 Target Fund Balance @ 25% $ 57,885,179 CIP Restricted $ 23,179,9_64 Total Target + Restricted $ 81,065,143 S 1862 KEY DATES --------------------------- 0 ----------------------------------- ------------------- Sept. 11, 2018 - is' Reading of Proposed Operating Budget & Proposed Capital Budget Sept. 18, 2o18 - 2"d Reading & Final Adoption of Operating Budget & Capital Budget 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 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; Whereas, the City Unified Development Code Section 3.82 provides an exemption to platting for acquisition of land for a governmental purpose by dedication, condemnation or easements; Whereas, in accordance with Section 2.12.0045 of the Texas Local Government Code, the City determines the subdivision required of the Parker Pool property to Nueces County does not require platting; 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. That the City Council finds and determines that the conveyance to Nueces County qualifies for platting exemption as provided for in Section 3.8.2. In addition, in accordance with Section 212.0045 of the Texas Local Government Code, the City Council finds and determines that the subdivision required to convey The Parker Pool Property to Nueces County does not require platting. Section 3: 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: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED, this the day of ' 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 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 SC GO O Va. v AGENDA MEMORANDUM NORROPp�EO First Reading for the City Council Meeting of July 31, 2018 1852 Second Reading for the City Council Meeting of August 28, 2018 DATE: July 17, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Office of the Business Liaison arlenem�cctexas.com (361) 826-3356 Downtown Vacant Building Ordinance CAPTION: Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations including registration; and Providing for penalties. PURPOSE: The purpose of this item is to adopt a Downtown Vacant Building Ordinance. BACKGROUND AND FINDINGS: On April 24, 2018, the TIRZ #3 Board passed a motion recommending that City Council adopt a Downtown Vacant Building Ordinance. The Vacant Building Program was scheduled for reading at the June 12, 2018 City Council meeting. On May 22, 2018, City Staff received a request on behalf of the Downtown Management District to postpone the reading to allow additional review by the DMD Board of Directors. At the June 21, 2018 DMD Board meeting, a Resolution was passed requesting changes to the ordinance language. Staff met with the DMD and made reasonable accommodations. At the June 26, 2018 TIRZ #3 Board Meeting, the board reviewed and approved the Ordinance with amendments. The ordinance establishes the framework for accountability and standard of care and is a vehicle for gathering information on downtown vacant property owners for use in cases of emergency or interest in development. The ordinance will institute a registration process for vacant buildings which will then become eligible for TIRZ #3 incentives. This is a great opportunity to improve the downtown and perceptions of safety in that area. Currently about 15% of buildings in the Reinvestment Zone have been vacant for an extended period or are abandoned. Vacant buildings contribute to blight and criminal activity. In 2016, a vacant building partially collapsed and blocked a street for six months. At the July 31, 2018 City Council meeting, City Council passed a motion to amend the Downtown Vacant Building Ordinance to include an annual review and a five year in depth review. The Ordinance passed as amended 7 to 1. The item went before City Council for a Second Reading as amended on August 14, 2018. On August 14, 2018 City Council passed a motion to table the item and provided staff direction to rewrite the Ordinance removing the registration component of the Ordinance and to bring it back for Council review on August 28, 2018. Attached you will find the following Ordinance options: • Option A — Vacant Building Ordinance as presented on August 14, 2018 which includes registration. • Option B —Vacant Building Ordinance with registration removed. Staff recommends adoption of Option A. ALTERNATIVES: City Council could choose not to approve this ordinance. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to City policy. EMERGENCY/ NON-EMERGENCY: Non Emergency DEPARTMENTALCLEARANCES: ACM Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2016-2017 CIP only) Current Year Future Years TOTALS Line Item Budget $100,000 $180,000 $280,000 Encumbered / Expended Amount $90,000 0 $90,000 This item 0 $180,000 $180,000 BALANCE $10,000 0 $10,000 Fund(s): TIF #3 Comments: NA RECOMMENDATION: Staff recommends approving the proposed ordinance Option A with registration. LIST OF SUPPORTING DOCUMENTS: Ordinance — Option A Vacant Building Ordinance with Registration Ordinance — Option B (redline) Vacant Building Ordinance without Registration Ordinance — Option B (clean copy) Vacant Building Ordinance without Registration Informal Staff Report Presentation Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations including registration; and Providing for penalties WHEREAS, the City Council of the City of Corpus Christi, Texas ("City Council"), has determined that the City of Corpus Christi ("City"), as part of its essential functions as a home rule municipality, has an interest in identifying and regulating property owners of vacant structures located within the downtown area to include their contact information; WHEREAS, the City Council has determined that the downtown area is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, and that the downtown area has the potential to serve as a dynamic economic center for the City; WHEREAS, the presence of unoccupied, improperly maintained buildings in the downtown area poses risks to the public health and safety as the buildings pose an increased risk from fire, can contribute to the deterioration of adjacent structures, and attract vagrants, gang members and criminals; WHEREAS, property owners who own vacant structures have a high incidence of code violations on their properties; WHEREAS, the unoccupied and improperly maintained buildings in the downtown area are a blight and cause deterioration and instability; WHEREAS, the vacant structures attract and harbor wild animals, pests, vermin and varmints; WHEREAS, the contact information as provided in the local deed records for vacant structure property owners is often insufficient to contact the property owner in an immediate and expedient manner in an effort to address any of the above stated concerns and it is necessary to create and maintain an updated registry of contact information of vacant structure property owners in the downtown area and for these vacant structure property owners to designate an agent in Nueces County who shall act as an agent for the vacant property owner for purposes of accepting legal service; WHEREAS, in order to protect and maintain the unique and significant nature of the downtown area for the economic benefit of the City's citizens, it is necessary to require vacant structure property owners to maintain their properties in good repair, so that they are sound and sanitary, and so that said properties do not detract from the economic value and utility of neighboring properties. WHEREAS, the Tax Increment Reinvestment Zone #3 (TIRZ #3) Board recommended the creation of an ordinance to address vacant downtown buildings and various downtown 1 interest groups, including the Downtown Management District, have participated in the drafting of the ordinance; WHEREAS, the City Council has determined that this ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1 . That Chapter 13 "Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement," of the Code of Ordinances is amended by adopting a new Article IV "Vacant Downtown Buildings" which shall read as follows: "ARTICLE IV. VACANT DOWNTOWN BUILDINGS Sec. 13-4001. Declaration of policy. (a) The city council finds and declares that: (1) Downtown Corpus Christi is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, thereby creating a dense development posing increased risks from fire. The buildings often have common walls, or walls that abut, and the buildings are affected by the lack of maintenance of an adjoining building. (2)Downtown Corpus Christi has the potential to be a dynamic economic center for the City, however, improperly maintained vacant buildings and lots inhibit the redevelopment of the downtown area. (3)Downtown buildings that are vacant and unsecured attract vagrants, gang members, and criminals as prime locations to conduct illegal criminal activities. (4)Buildings that are vacant and unsecured are extremely vulnerable to being set on fire by unauthorized persons. (5)Buildings that are vacant and unsecured are a blight and cause deterioration and instability in downtown. (6)Buildings that are vacant and unsecured pose serious threats to the public's health and safety. (7)Abatement and rehabilitation of poorly maintained vacant downtown buildings is necessary. (8)Vacant and unsecured buildings are declared to be public nuisances. (b) The purpose of this article is to protect the public health, safety, and welfare of the city. (c) This article: 2 (1) Determines the responsibilities of owners of vacant downtown buildings. (2) Provides for administration, enforcement, and penalties. Sec. 13-4002. Definitions. Unless otherwise expressly stated, the following words, terms, and phrases, when used in this article, have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning: Administrator means the City's Assistant City Manager over Development Services, or designee. Board when used as a verb means to cover an opening with lumber or panel of wood or other material. Building means any structure or portion of a structure used or intended for supporting or sheltering any use or occupancy. Commercial Building means any building which brings or has the potential to bring income including, but not limited to, office, retail, industrial, and multi-family structures. A multi-family structure containing fewer than five dwelling units is not a commercial building for purposes of this article. Dangerous building means a building which is potentially hazardous to persons or Property, including, but not limited to: (a) A building that is in danger of partial or complete collapse. (b) A building with any exterior parts that are loose or in danger of falling. (c) A building with any parts, such as floors, porches, railings, stairs, ramps, balconies, or roofs, which are accessible and which are either collapsed, in danger of collapsing, or unable to support the weight of normally imposed loads. Downtown means that area included within the boundaries of the Tax Increment Reinvestment Zone #3. Owner means the owner of record in the county where the real property is situated; anyone identified as the owner when the building is registered with the City; the holder of an unrecorded contract for deed; a mortgagee or vendee in possession, a mortgagor or vendor in possession; and an assignee of rents, receiver, executor, trustee, lessee, or other person in possession or with the right to control of the premises or a portion of the premises. Any person who is included in this definition as an owner has joint and several obligation for compliance with the provisions of this article. A tenant who does not have the right of possession or control of a portion of the building that is unoccupied is not an owner for the purposes of this article. Property maintenance ordinance means any ordinance of the City of Corpus Christi related to the required maintenance of a building, this includes, but is not limited to, the International Building Code, the International Property Maintenance Code, the International Fire Code, the International Plumbing Code, and all other similar international codes as adopted by the City of Corpus Christi. Secure means to take measures to ensure that the interior of the building cannot be accessed by: 3 (1) Unauthorized persons without the use of tools or ladders. (2) Birds and other animals through broken windows or other openings in the structure. Unoccupied means not being used for a lawful occupancy authorized by the certificate of occupancy issued by the city's building official. Unsecured means open to entry by unauthorized persons or animals. Vacant means at least seventy five percent (75%) or more of the total floor space is unoccupied. Vacant downtown building means a commercial building located within the downtown area that is vacant. Sec. 13-4003. Applicability and Administration. (a) This article shall apply to all vacant downtown buildings, as defined herein, which are now in existence or which may hereafter be constructed or converted from other uses. (b) The Administrator is authorized to administer and enforce the provisions of this article. (c) The Administrator shall have the authority to render interpretations of this title and to adopt policies and procedures in order to clarify the application of its provisions. The Administrator, at his sole discretion, may also enter into an agreement with a registered property owner to obtain compliance with this ordinance by a date certain. Sec. 13-4004. Registration required. (a) The owner of a vacant downtown building shall have 45 days in which to register from the effective date of this ordinance or the date on which the property becomes vacant if the property becomes vacant after the effective date of this ordinance. (b) Upon the effective date of this ordinance or the vacancy of a previously occupied downtown building, property owners shall register the vacant downtown Property and provide the following information: (1) The address and legal description of the property; (2) The current name, physical address, mailing address, telephone number, and email information for any owner(s) with an ownership interest in the property. Corporations or corporate entities shall submit the same information pertaining to their registered agent. (3) The contact information for a local manager of the properties and/or improvements located on said property, as applicable. 4 (4) The comprehensive Plan of Action Form detailing a timeline for correcting violations, rehabilitation, maintenance while vacant, and future use of the structure. The Plan of Action must be updated annually. (5) Certification that the vacant downtown building meets the required standard of care in accordance with section 13-4008. (6) A complete floor plan of the property for use by first responders in the event of a fire or other catastrophic event. (7) Criminal Trespass affidavits to be filed with the Corpus Christi Police Department by the property owner. Property owner shall post "No Trespass" placards on the premises. (c) Vacant downtown building property owners shall provide written notice to the Administrator, including a copy of the deed, within 30 days, of a change in: (1) ownership of the property; (2) contact information for either the owner or the designated manager; (3) change of owner's registered agent. (d) Continued annual registration of the property by the vacant downtown building property owner is required until said structure is occupied in compliance with a certificate of occupancy issued by the City's Development Services Department and in compliance with all property maintenance ordinances and state law. Sec. 13-4005. Registration fees. (a) Vacant downtown building property owners shall tender an annual registration fee of $500.00 for each building. The registration fee may be paid by credit card with an additional three percent fee, or $15.00, required for the processing of the credit card payment. The initial registration fee is due upon registration. Annual registration fees shall be due and postmarked no later than November 15 of each year. Sec. 13-4006. Property manager or agent (a) Vacant downtown building property owners must designate a local manager who resides within 50 miles of the vacant downtown building and include the relevant contact information for the designated manager upon registering the Property. Property managers shall act as agents for the property owner for purposes of accepting legal service, however the vacant property owner remains Personally liable in criminal prosecutions for code violations. 5 Sec. 13-4007 Inspection (a) Each vacant downtown building must be inspected by City staff in accordance with the schedule provided below. City staff present at the inspections will include staff from Code Enforcement and any other staff deemed necessary by the Administrator. The number of years that a building has been vacant shall be measured starting on the effective date of this ordinance. Vacant Building Inspections Years Vacant Frequency 1-3 Annually 4-6 Bi-Annually 7 +1 Quarterly (b) An inspection fee of $0.01 per square foot of space within the building, as determined by Nueces County Appraisal District, shall be paid prior to any inspection or re-inspection required for a vacant downtown building. Inspection fees may be paid by credit card with an additional three percent fee required for the processing of the credit card payment. (c) If it is determined after a required inspection (annual, bi-annual, or quarterly) that the vacant downtown building does not meet the standard of care provided in section 13-4008, the Administrator shall request a property plan and require re- inspection after 30 days, or such longer time as the Administrator deems appropriate, to determine if the vacant downtown building property owner has corrected the defects in the building and brought it up to the required standard of care. In no event shall the Administrator allow a vacant building owner more than 90 days to correct the defects before a re-inspection is required. A vacant building owner may request subsequent re-inspections to show compliance if the property does not pass the initial re-inspection. Sec. 13-4008. Standard of care for vacant downtown buildings (a) The standard of care for vacant downtown buildings, subject to approval by the Administrator, shall include, but is not limited to: 6 (1) Protective Treatment: All exterior surfaces, including but not limited to, walls, roofs, doors, windows, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in such condition so as to prevent the entry of rodents and other pests and the penetration of water to such extent as to cause the structure to be unsound. All exposed wood or metal surfaces subject to rust or corrosion, other than decay resistant woods or surfaces designed for stabilization by oxidation shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment. All surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. (2) Premises Identification: The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm). (3) First-Floor Windows and Doors: Every first-floor window, storefront, and exterior door part, including but not limited to the frame, the trim, window screens and hardware shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a manner so as to prevent unauthorized entry. All broken or missing doors shall be replaced with new doors which shall be secured to prevent unauthorized entry. All glass shall be maintained in sound condition and good repair. All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, windows, or exterior hatchways shall tightly secure the opening. First-floor windows and doors shall not be secured by boarding or other similar means mounted on the exterior except as a temporary securing measure, and the same shall be removed within a period of time designated by the Administrator. (4) Exterior Lighting: The exterior of the building adjacent to any street, sidewalk, or other pedestrian access shall have visible exterior lighting with average ambient light levels of between one (1) and three (3) foot-candles with a minimum of 0.5-foot candles and a maximum of six (6)foot-candles at any point measured on the ground plane. (b) All repairs shall be subject to approval by the Administrator. All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and rules. This paragraph specifically requires that all 7 necessary building permits are obtained and that all work complies with any law or ordinance relating to construction standards, property maintenance, and windstorm requirements, along with all other applicable laws, ordinances, and rules, including property maintenance ordinances. (c) Failure to maintain the vacant property to the standard of care specified by this section is a violation of this article. The Administrator, on application from the vacant downtown building property owner, may authorize limited exceptions to the requirements in 13-4008(a)(3) and (a)(4) on a case-by-case basis. Any authorization of an exception must be made in writing and shall not be interpreted as an establishment of policy. (d) If a vacant downtown building fails an inspection, the property owner may request to submit a Property Mitigation Plan. Submission of a Property Mitigation Plan does not excuse a violation of this article. (1) The Property Mitigation Plan will include all planned work to the vacant downtown building to bring the property into compliance with the Standard of Care, along with an associated timeline and estimated property improvement costs. (2) The Emergency Building Assistance Fund may be available for reimbursement of up to 50% of the costs of the Property Mitigation Plan. Funds are allocated on a first-come first-serve basis and capped at $5,000 per vacant downtown building. (3) Upon acceptance of the Property Mitigation Plan, the Administrator may designate the property as eligible for the Emergency Building Assistance Fund. (4) The vacant downtown building property owner must submit request for inspection and pay the inspection fee. (5) Once compliance is reached, the property owner may seek reimbursement if the property is eligible for the Emergency Building Assistance Fund. To receive any reimbursement, the property owner must submit documentation of all expenses for the work done on the vacant downtown building. (e) Nothing in this section shall prohibit enforcement of other property maintenance ordinances against the vacant downtown building property owner or any tenant or agent who is otherwise liable for violation of such ordinance. Sec. 13-4009. Fee Waivers 8 All fee waivers must be applied for during the annual registration process, and are subject to approval by the Administrator. A fee waiver is only valid until expiration of the then-current registration period. (a) Property which has been devastated by a catastrophe such as fire or flood and rendered unfit for occupancy: the owner has 45 days to register from the date of the disaster but is exempt from the registration and inspection fees. This exemption is for the duration of one year from the date of the catastrophe; thereafter all applicable fees are due. (b) A property owner who is indigent must register and is otherwise subject to this ordinance but is exempt from the registration and inspection fees. This exemption must be determined by the Administrator on the basis established for determining indigency at municipal court, using a review of current income and expenses. (c) Where the owner of the property has obtained a building permit in the previous 6 months and is progressing in an expedient manner to prepare the premises for occupancy, the owner must register the property and is otherwise subject to this ordinance but is exempt from the registration and inspection fees. This exemption cannot be applied to the same vacant downtown building for more than two consecutive years. (d) Where the owner of the property has listed the property for sale at fair- market value, as identified on the Nueces County Appraisal District tax rolls or through an independently prepared appraisal paid for by the property owner, the owner must register the property and pay for any required inspections but is exempt from the registration fee. Sec. 13-4010. Eligibility for Incentives (a) Completion of registration and passing of required inspections or re- inspections will result in the issuance of a letter of eligibility for the property. A downtown vacant building that receives a letter of eligibility is eligible to apply for incentives from the TIRZ #3 to assist with redevelopment of the property. (b) Vacant downtown buildings that are not registered or have not passed inspection or re-inspection are not eligible to apply for or receive any incentives from the TIRZ #3. Sec. 13-4011. Jurisdiction, enforcement and penalties (a) Except as otherwise provided in this section 13-4011 , written notice of violation of this chapter will precede the issuance of a criminal citation. When a notice is required, the vacant downtown building property owner will be given a 9 reasonable length of time, as determined by the Administrator, to remedy the violation. Such reasonable length of time shall not exceed 90 days. No vacant downtown building property owner shall be given more than 30 days to begin the work needed to remedy the violation. Written notice shall be issued to the vacant downtown building property owner by means of personal service, or by first class mail to their last known address according to Nueces County Appraisal District records, and by posting on the property. If the owner of the vacant downtown building is a corporation or association, notice will also be sent to the entity's registered agent by means of personal service or by first class mail. (b) Failure to register as required by section 13-4004 is a violation of this article and may result in the issuance of a criminal citation, with or without written notice of violation prior to the issuance of the citation. (c) Failure to meet the Standard of Care required by section 13-4008 upon re- inspection of the property after the expiration of 30 days, or such longer time as the Administrator deems appropriate under section 13-4007(c), is a violation of this article and may result in the issuance of a criminal citation, with or without notice of violation prior to the issuance of the citation. Citations may be issued for the continuing violation of section 13-4008 until such time as the property is in compliance with the Standard of Care. A vacant downtown building property owner may request a re-inspection at any time to establish that the building meets the Standard of Care. (d) Violation of any provision of this article is a class C misdemeanor. Each day any violation continues constitutes a separate offense. (i) This is a strict liability offense in which no mental state is required. (ii) The fine for this offense may not exceed five hundred dollars ($500.00). (e) Administrative, civil, and criminal enforcement are alternative remedies which may be sought independently of each other. Criminal prosecution may occur regardless of pursuit of civil or administrative remedies and vice versa. Sec. 13-4012. Demolition Review (a) The owner of a vacant downtown building may apply for a demolition permit from the Development Services Department. (b) Demolition permits shall not be granted for any vacant downtown building constructed more than 50 years prior to the date of the application unless a certificate of appropriateness for demolition is issued in accordance with section 3.16 of the Unified Development Code. For purposes of this section, the vacant downtown building that is more than 50 years old will be treated as though it is a 10 designated landmark or contributing structure located within an Historic Overlay zoning district." SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. The general vacant building ordinance, codified at 13-3001 et seq. of the Code of Ordinances, as applied to any property other than a vacant downtown building, is not in conflict with this ordinance. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 4. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 5. That publication shall be made in the office publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance shall take effect on October 1 , 2018. SECTION 7. City Council shall review the effectiveness of this ordinance, including the demolition review, annually. On or about the fifth anniversary of the effective date of this ordinance, City Council shall engage in an enhanced, thorough review of the effectiveness of this ordinance. 11 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations inGludregist, �; and Providing for penalties WHEREAS, the City GG innil of he Gity of GGFPI 1Q�Sti, TeXa ("Gity GG inril")o has > > determined that the Gity ef GGFP616 Christi ("Gity"), WHEREAS, the City Council has determined that the downtown area is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, and that the downtown area has the potential to serve as a dynamic economic center for the City; WHEREAS, the presence of unoccupied, improperly maintained buildings in the downtown area poses risks to the public health and safety as the buildings pose an increased risk from fire, can contribute to the deterioration of adjacent structures, and attract vagrants, gang members and criminals; WHEREAS, property owners who own vacant structures have a high incidence of code violations on their properties; WHEREAS, the unoccupied and improperly maintained buildings in the downtown area are a blight and cause deterioration and instability; WHEREAS, the vacant structures attract and harbor wild animals, pests, vermin and varmints; WHEREAS, the rGntaGtiinfnFP:1a PFsviQP_ca—r.A ti P- lerM--A.1 P-ceElfGr rrt VAn_Ant PFOP rf�ReF fnr P 1FPG6e6 of GInncptiRg legal `c,'or�ic.�-vice- WHEREAS, in order to protect and maintain the unique and significant nature of the downtown area for the economic benefit of the City's citizens, it is necessary to require vacant structure property owners to maintain their properties in good repair, so that they are sound and sanitary, and so that said properties do not detract from the economic value and utility of neighboring properties. WHEREAS, the Tax Increment Reinvestment Zone #3 (TIRZ #3) Board recommended the creation of an ordinance to address vacant downtown buildings and various downtown 1 interest groups, including the Downtown Management District, have participated in the drafting of the ordinance; WHEREAS, the City Council has determined that this ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1 . That Chapter 13 "Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement," of the Code of Ordinances is amended by adopting a new Article IV "Vacant Downtown Buildings" which shall read as follows: "ARTICLE IV. VACANT DOWNTOWN BUILDINGS Sec. 13-4001 . Declaration of policy. (a) The city council finds and declares that: (1) Downtown Corpus Christi is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, thereby creating a dense development posing increased risks from fire. The buildings often have common walls, or walls that abut, and the buildings are affected by the lack of maintenance of an adjoining building. (2)Downtown Corpus Christi has the potential to be a dynamic economic center for the City, however, improperly maintained vacant buildings and lots inhibit the redevelopment of the downtown area. (3)Downtown buildings that are vacant and unsecured attract vagrants, gang members, and criminals as prime locations to conduct illegal criminal activities. (4)Buildings that are vacant and unsecured are extremely vulnerable to being set on fire by unauthorized persons. (5)Buildings that are vacant and unsecured are a blight and cause deterioration and instability in downtown. (6)Buildings that are vacant and unsecured pose serious threats to the public's health and safety. (7)Abatement and rehabilitation of poorly maintained vacant downtown buildings is necessary. (8)Vacant and unsecured buildings are declared to be public nuisances. (b) The purpose of this article is to protect the public health, safety, and welfare of the city. (c) This article: 2 (1) Determines the responsibilities of owners of vacant downtown buildings. (2) Provides for administration, enforcement, and penalties. Sec. 13-4002. Definitions. Unless otherwise expressly stated, the following words, terms, and phrases, when used in this article, have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning: Administrator means the City's Assistant City Manager over Development Services, or designee. Board when used as a verb means to cover an opening with lumber or panel of wood or other material. Building means any structure or portion of a structure used or intended for supporting or sheltering any use or occupancy. Commercial Building means any building which brings or has the potential to bring income including, but not limited to, office, retail, industrial, and multi-family structures. A multi-family structure containing fewer than five dwelling units is not a commercial building for purposes of this article. Dangerous building means a building which is potentially hazardous to persons or Property, including, but not limited to: (a) A building that is in danger of partial or complete collapse. (b) A building with any exterior parts that are loose or in danger of falling. (c) A building with any parts, such as floors, porches, railings, stairs, ramps, balconies, or roofs, which are accessible and which are either collapsed, in danger of collapsing, or unable to support the weight of normally imposed loads. Downtown means that area included within the boundaries of the Tax Increment Reinvestment Zone #3. Owner means the owner of record in the county where the real property is situated; aRYGRGon+ifmiQd 7c +ho pwno_1191r whon +ho hi iilrlinrr is ror is+ororl �nii+h +ho (`i+v the holder of an unrecorded contract for deed; a mortgagee or vendee in possession, a mortgagor or vendor in possession; and an assignee of rents, receiver, executor, trustee, lessee, or other person in possession or with the right to control of the premises or a portion of the premises. Any person who is included in this definition as an owner has joint and several obligation for compliance with the provisions of this article. A tenant who does not have the right of possession or control of a portion of the building that is unoccupied is not an owner for the purposes of this article. Property maintenance ordinance means any ordinance of the City of Corpus Christi related to the required maintenance of a building, this includes, but is not limited to, the International Building Code, the International Property Maintenance Code, the International Fire Code, the International Plumbing Code, and all other similar international codes as adopted by the City of Corpus Christi. Secure means to take measures to ensure that the interior of the building cannot be accessed by: 3 (1) Unauthorized persons without the use of tools or ladders. (2) Birds and other animals through broken windows or other openings in the structure. Unoccupied means not being used for a lawful occupancy authorized by the certificate of occupancy issued by the city's building official. Unsecured means open to entry by unauthorized persons or animals. Vacant means at least seventy five percent (75%) or more of the total floor space is unoccupied. Vacant downtown building means a commercial building located within the downtown area that is vacant. Sec. 13-4003. Applicability and Administration. (a) This article shall apply to all vacant downtown buildings, as defined herein, which are now in existence or which may hereafter be constructed or converted from other uses. (b) The Administrator is authorized to administer and enforce the provisions of this article. (c) The Administrator shall have the authority to render interpretations of this title and to adopt policies and procedures in order to clarify the application of its provisions. The Administrator, at his sole discretion, may also enter into an agreement with a vacant downtown buildingren�,redProperty owner to obtain compliance with this ordinance by a date certain. SeG. 13-4994. ReqmstFatmen reg6Fre4-. The E)wneF of ayab6imidoREIshall have 45 days in whish to rem the effentive date of thio nrrlinaRGe nr the date en which the nrnnerti (b) Inns the of thio nrrlin Anne nr the �i.AnannY of nreiini ioli rinInintn�nin hi iilrlinnnrnnert�i n�ninero shell renioter the Menest rinnintnlni nrnVirle the fnlWA90nn inform Minn• ( I\ The addreoo .Anrl legal deonrintinn of the nrenerty-I (2) The n6 irrent name nhvoin.l arlrlreoo mailinn addFeoo tet hens fer aRY neiner/o\ niith �n n�nin in interest in }�,, nrnnert�i ('nrnnr�tinno Ar vrrm--aTr-Gw R eps h mp-�rrccrcarrrrti-e p po pe p tnonrnnrctec theieecnrrtFttcS�oarhinelnln-oatfaiAhrmrrirt�tcrhre��oa.�me inform u.McTivnin-rnpecrrtca.��irnrnin-rnc{ their ei (3 The T nfn� Q inn for a Innal m �n �ne�f nreneFtmes /nr nto nn girl nrnnerty, as annlir�hle 4 (4) The nmmgrehensiye DlaR of Antlnn Cnrm detamlinn a timelin fnr ��en�n �a reh�hili�tinn m�int�Tne �nihile rc�r- c�c c�� �cn-a�-rrr �c.m--rrraTrr cc-vrrrtrc VaGaRtl and fHt6lFe j .the }r�tHFe. The P I.A R of A n mList e updated .tenni i.�ll�i (time A-t'�thmittl.. i-In�ein ein h iilrlinn meets th-a rern iirer•1 st�nr•I�rr•1 of n�re in �nnnrr•I�nne�niith confine 1 Q_/1nnS2 (R) A nmmPlete flnnr Plan of the nrnnerty fnr i ice by first resnnnrders in the event of. � fire er ether natastrephin eVE?Rt rc�pvrrcrcrr-rrrcrr�.. cv crrc-vi-cr�rc-vrvcrr��--ccrccT.rcrv-p�-rr�c�cr-r . (7) GFjlMmRal Tresn.Ass .Affil-l.gvits to be filed with the GeFpi is Ghrisf• aline Denartment by the nrnnertY E)WRer Prnnert\/ nWner shSII nnsf " n Tresn.�ss" pinspass nn fhe Premises C enc 2 N- �$t�62- 9 c9 - nsshinrn� e nn161rlinn a need of the deed within 49 daYS of a nhaRQe in• (1) n\n/nershln of the nrnnert�i (Z) r--noTnrt.Ar--t inf�nrnmTQ fnr a+theFthe B�AgAt-QP t-:)P thi— n ccc�r (3) GhaRQLQ of nWner's reniste rerl anent (d) vCE)RtO 61,-Q FegretF ttitR E)f the--PPE)PeFty by �in iilr•linn nrnnertY nWner is rens iirerl nnni inierl in nmmPliann nerfifin�fe of nnni leaned issi led by the (';""S DeVelnnment SE?FVOnes law, SeG. 13 4995. ReQ mGtFat e+� eee- a\ \/anant hiiilrlinn nrnnertV nWners re-i strotk) Tee- a;nh b iilr•linn The Fegist� Tee �-Fay he paid by nritr �nra .ten n`-I` nnnl three nernent fee nr $15.90, rem aired fer the nrnnessinn of fh r-rpdmt n;;rrd n��iment The initial renistrotinn fee is d,ie leen renistr�tinn A ani i� Sec. 13-40046. Property manager or agent (a) Vacant downtown building property owners must designate a local manager who resides within 50 miles of the vacant downtown building ;;Ad innli irle +he y. Property managers shall act as agents for the property owner for purposes of accepting legal service, however the vacant property owner remains Personally liable in criminal prosecutions for code violations. 5 SeG. 13 4007 IRSPeGtOG44 (a) Each �MnAnt i-In;ein+nein hi illi-lien ml-'c+ hn inonnn+ni-I by QtY Gt off in me�o�irerl cta Flinn en the effen+ive .-1.�te of thio nrrlin.�nne R--ildmnn Incnnr+i-- Ve�rI \/a aanf Crenue 44. Y i-ti-Fti-t*Q- R _A lly /h\ An inonen+inn fen of $9.91 mer omiare fent of snane in the b6lildinn .moo eterminerl hY Aliieneo ('nein+y Annr sic al flic trio+ shall he Weill Wrier +e inn er ro_incnontinn rani iirerd fnr a VaGaRt rJnnintn�nin hi iildinn InQnentlen fees may be pamd by nrerlit n;;rrl �eiith An nernent foo rani aired fnr e nreneccinn of the nredmt narrl n��iment /n\ If it is rle+nrminni-1 .After.A reel 1!'FE? 1 inonnntinn /.tenni 1al hi .tenni 1al nr ni i.�rtnrl�i\ eGtOE)R tetter 30 days-, E)F SbGh Ienn time -gs the Ad`Y'rrrimstcrat�r deems �TTC{e�lTl"I"f .�CTJ rappropT7ate—to—del rmicrrrmR8 Of the `paGancaRt-rlaE)WTtn`"in huiIdinn nreneFtY n Rn has n ` ayS to nerrent the Plnfnntc hnfnrn re inonentinn io rens aired A var--int hi iilrlinn }} �,���F.� ieconlent ro_incnontinnc to chnni nmm�li�nne if the nrenerty c pGvv t t al re inor�nntien Sec. 13-40059. Standard of care for vacant downtown buildings (a) The standard of care for vacant downtown buildings, subject to approval by the Administrator, shall include, but is not limited to: (1) Protective Treatment: All exterior surfaces, including but not limited to, walls, roofs, doors, windows, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in 6 such condition so as to prevent the entry of rodents and other pests and the penetration of water to such extent as to cause the structure to be unsound. All exposed wood or metal surfaces subject to rust or corrosion, other than decay resistant woods or surfaces designed for stabilization by oxidation shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment. All surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. (2) Premises Identification: The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm). (3) First-Floor Windows and Doors: Every first-floor window, storefront, and exterior door part, including but not limited to the frame, the trim, window screens and hardware shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a manner so as to prevent unauthorized entry. All broken or missing doors shall be replaced with new doors which shall be secured to prevent unauthorized entry. All glass shall be maintained in sound condition and good repair. All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, windows, or exterior hatchways shall tightly secure the opening. First-floor windows and doors shall not be secured by boarding or other similar means mounted on the exterior except as a temporary securing measure, and the same shall be removed within a period of time designated by the Administrator. (4) Exterior Lightinq The exterior of the building adjacent to any street, sidewalk, or other pedestrian access shall have visible exterior lighting with average ambient light levels of between one (1) and three (3) foot-candles with a minimum of 0.5-foot candles and a maximum of six (6)foot-candles at any point measured on the ground plane. (b) All repairs shall be subject to approval by the Administrator. All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and rules. This paragraph specifically requires that all necessary building permits are obtained and that all work complies with any law or ordinance relating to construction standards, property maintenance, and 7 windstorm requirements, along with all other applicable laws, ordinances, and rules, including property maintenance ordinances. (c) Failure to maintain the vacant property to the standard of care specified by this section is a violation of this article. The Administrator, on application from the vacant downtown building property owner, may authorize limited exceptions to the requirements in 13-4005.9(a)(3) and (a)(4) on a case-by-case basis. Any authorization of an exception must be made in writing and shall not be interpreted as an establishment of policy. (d) lf b iildinrr failo .ten incnan}iron the 9rG19eFt i neinar m � i Test te m i PrelgeFtyF &}inn D 1A n C i h m i s s i n n of a D rn n eFtYrm}c7c{uc7yrnr DI-An rdnes nn} evni iso -A VinlA_}inn of this Art0r Ie (1) Th�IgeFty Motj ffa inn D1.An \A/111 ini+l irla all n1.;nnCt1 tA_ th.49 VAGaRt Cape, alGRQ woth an assnniaterd timeline and estimated nrnnerty imnrrniement (`Z) The GmerneRGV Ri iilydinq 46si6tonne F=,--Ad may he fnr reimhi irsement of i in to F(10/ of the rusts of the Drnnert�i �/litin�tinn Dl�n Ci inns (3) lnnn aGGentanne of the DrnnertY Mitina}inn Dian the Ardministrotnr esinnate the property as elinihle fnr the GmerneRGY Ri 1 id0nn Asse Ci inrd d. (4) T ��n�nt rJnnin nin hi iilrlinn nrnnerF�i n�niner mi ist si ihmit rpt fnr varrra'v'vvr-r erc-q--vw�Ter-rrra�-�.ra�rrrrs-r s-rvr nasi the insnentinn fee (5) ORGe nmmPlianne is nrnnerty GwRer mw seelk Ci'A PI Tn ren ie �n�i r semen} nrnn er MH-S.} si ihmi} cc F crrrcrr� �rvperty� � �rrrrs rJnr_iim inn Af All fnr �eir�rL rJr�ne �AAAAn} iln�ein}renin ch�vicl rclrirrr�e♦-}ti'�t�vrr-vi--cxrreY P e R 6 e 6 oAV A_F k cry rTP� (d) Nothing in this section shall prohibit enforcement of other property maintenance ordinances against the vacant downtown building property owner or any tenant or agent who is otherwise liable for violation of such ordinance. comes. 13nn n�Fm ;;i., ire si ihient to �nnrn�i�l h�i the 4rdministrAtnr 4 fee WaiVer is nnlV Valid i inti }he then A irren} renis}r }inn rerinil 8 1 _ / IMPR \ 1 ■ lot 1 - - - - - -- - - =•Jll��pllllll���Illll WE J•' 1 • Feasenable lennth of time as determined by the AdministFater to remedy the V�iinloeosnnohle lennth of poll net trepQo cloys hIn �ioront Gla ca s c.�-ruure I t-Q p t h E)r -cm--r-rv� �c Gaya. nwntE)wR b iil`-linn nreeeFty ewRer shall be emcee mere than 30 days to benin th nWAtAWA hi iil`-lien ernnertY nWner hY mems of nersnnal seniire nr hY first Glass r onrd by pesto a nn ern nert�i If ���Ter of ���+ont rlelein nin r tttiq--9 R e Ft y. i f cr-vr 3arrr-crvvvrr iildinn is o rernerotien er osseriotien Retire yogill olse ho cont to the entiti's anent h�i mems of nersnn.�l onniirn nG.r by first Glass (b) Coil-ire to resister as ren6 iirerd by sertien 1 3- 1QQ- 1 is o �iielotien of this a4k-e of vinlotinn nrinr to the issi come of the ritotien (`+) F=am! ire to meet the Ctani-aFd of (Fare rens iired by sertien 13 400 i inns re Af the nrnnert�i offer the evn0rotien of 2(1 cloys nr siirh Innner time os Af �iieWien nrinr to the issi came of the ritAtien Gotatiens MaY he iss coil for th ren i jinn �iinl Minn of sertinn 12- 4QQR- ''Atil si irh time as the nreeerty is in v��rrt�-�urrrq--v�v�rcrcTvrr-vracccTvri--rv�r�rcrr�acrrcn-rTc—ac� crr��rvpercy^-r.»rr Ctandard of Qore A vAr-Ant rdpwntewn hi iilrlinn nrnnerty nwner re_insnertinn of aRy time to establish that the hi iililinn meets th (a) Violation of any provision of this article is a class C misdemeanor. Each day any violation continues constitutes a separate offense. (i) This is a strict liability offense in which no mental state is required. (ii) The fine for this offense may not exceed five hundred dollars ($500.00). Administrative, civil, and criminal enforcement are alternative remedies which may be sought independently of each other. Criminal prosecution may occur regardless of pursuit of civil or administrative remedies and vice versa. Sec. 13-4944008. Demolition Review (a) The owner of a vacant downtown building may apply for a demolition permit from the Development Services Department. (b) Demolition permits shall not be granted for any vacant downtown building constructed more than 50 years prior to the date of the application unless a certificate of appropriateness for demolition is issued in accordance with section 3.16 of the Unified Development Code. For purposes of this section, the vacant downtown building that is more than 50 years old will be treated as though it is a 10 designated landmark or contributing structure located within an Historic Overlay zoning district." SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. The general vacant building ordinance, codified at 13-3001 et seq. of the Code of Ordinances, as applied to any property other than a vacant downtown building, is not in conflict with this ordinance. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 4. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 5. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance shall take effect on October 1 , 2018. SECTION 7. City Council shall review the effectiveness of this ordinance, including the demolition review, annually. On or about the fifth anniversary of the effective date of this ordinance, City Council shall engage in an enhanced, thorough review of the effectiveness of this ordinance. 11 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations; and Providing for penalties WHEREAS, the City Council has determined that the downtown area is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, and that the downtown area has the potential to serve as a dynamic economic center for the City; WHEREAS, the presence of unoccupied, improperly maintained buildings in the downtown area poses risks to the public health and safety as the buildings pose an increased risk from fire, can contribute to the deterioration of adjacent structures, and attract vagrants, gang members and criminals; WHEREAS, property owners who own vacant structures have a high incidence of code violations on their properties; WHEREAS, the unoccupied and improperly maintained buildings in the downtown area are a blight and cause deterioration and instability; WHEREAS, the vacant structures attract and harbor wild animals, pests, vermin and varmints; WHEREAS, in order to protect and maintain the unique and significant nature of the downtown area for the economic benefit of the City's citizens, it is necessary to require vacant structure property owners to maintain their properties in good repair, so that they are sound and sanitary, and so that said properties do not detract from the economic value and utility of neighboring properties. WHEREAS, the Tax Increment Reinvestment Zone #3 (TIRZ #3) Board recommended the creation of an ordinance to address vacant downtown buildings and various downtown interest groups, including the Downtown Management District, have participated in the drafting of the ordinance; WHEREAS, the City Council has determined that this ordinance would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That Chapter 13 "Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement," of the Code of Ordinances is amended by adopting a new Article IV "Vacant Downtown Buildings" which shall read as follows: 1 "ARTICLE IV. VACANT DOWNTOWN BUILDINGS Sec. 13-4001. Declaration of policy. (a) The city council finds and declares that: (I) Downtown Corpus Christi is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, thereby creating a dense development posing increased risks from fire. The buildings often have common walls, or walls that abut, and the buildings are affected by the lack of maintenance of an adjoining building. (2)Downtown Corpus Christi has the potential to be a dynamic economic center for the City, however, improperly maintained vacant buildings and lots inhibit the redevelopment of the downtown area. (3)Downtown buildings that are vacant and unsecured attract vagrants, pang members, and criminals as prime locations to conduct illegal criminal activities. (4)Buildings that are vacant and unsecured are extremely vulnerable to being set on fire by unauthorized persons. (5)Buildings that are vacant and unsecured are a blight and cause deterioration and instability in downtown. (6)Buildings that are vacant and unsecured pose serious threats to the public's health and safety. MAbatement and rehabilitation of poorly maintained vacant downtown buildings is necessary. (8)Vacant and unsecured buildings are declared to be public nuisances. (b) The purpose of this article is to protect the public health, safety, and welfare of the city. (c) This article: (1) Determines the responsibilities of owners of vacant downtown buildings. (2) Provides for administration, enforcement, and penalties. Sec. 13-4002. Definitions. Unless otherwise expressly stated, the following words, terms, and phrases, when used in this article, have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning: Administrator means the City's Assistant City Manager over Development Services, or designee. Board when used as a verb means to cover an opening with lumber or panel of wood or other material. Building means any structure or portion of a structure used or intended for supporting or sheltering any use or occupancy. 2 Commercial Buildinq means any building which brings or has the potential to bring income including, but not limited to, office, retail, industrial, and multi-family structures. A multi-family structure containing fewer than five dwelling units is not a commercial building for purposes of this article. Dangerous building means a building which is potentially hazardous to persons or Property, including, but not limited to: (a) A building that is in danger of partial or complete collapse. (b) A building with any exterior parts that are loose or in danger of falling. (c) A building with any parts, such as floors, porches, railings, stairs, ramps, balconies, or roofs, which are accessible and which are either collapsed, in danger of collapsing, or unable to support the weight of normally imposed loads. Downtown means that area included within the boundaries of the Tax Increment Reinvestment Zone #3. Owner means the owner of record in the county where the real property is situated; the holder of an unrecorded contract for deed; a mortgagee or vendee in possession; a mortgagor or vendor in possession; and an assignee of rents, receiver, executor, trustee, lessee, or other person in possession or with the right to control of the premises or a portion of the premises. Any person who is included in this definition as an owner has joint and several obligation for compliance with the provisions of this article. A tenant who does not have the right of possession or control of a portion of the building that is unoccupied is not an owner for the purposes of this article. Property maintenance ordinance means any ordinance of the City of Corpus Christi related to the required maintenance of a building, this includes, but is not limited to, the International Building Code, the International Property Maintenance Code, the International Fire Code, the International Plumbing Code, and all other similar international codes as adopted by the City of Corpus Christi. Secure means to take measures to ensure that the interior of the building cannot be accessed by: (1) Unauthorized persons without the use of tools or ladders. (2) Birds and other animals through broken windows or other openings in the structure. Unoccupied means not being used for a lawful occupancy authorized by the certificate of occupancy issued by the city's building official. Unsecured means open to entry by unauthorized persons or animals. Vacant means at least seventy five percent (75%) or more of the total floor space is unoccupied. Vacant downtown building means a commercial building located within the downtown area that is vacant. Sec. 13-4003. Applicability and Administration. 3 (a) This article shall apply to all vacant downtown buildings, as defined herein, which are now in existence or which may hereafter be constructed or converted from other uses. (b) The Administrator is authorized to administer and enforce the provisions of this article. (c) The Administrator shall have the authority to render interpretations of this title and to adopt policies and procedures in order to clarify the application of its provisions. The Administrator, at his sole discretion, may also enter into an agreement with a vacant downtown building property owner to obtain compliance with this ordinance by a date certain. Sec. 13-4004. Property manager or agent (a) Vacant downtown building property owners must designate a local manager who resides within 50 miles of the vacant downtown building Property managers shall act as agents for the property owner for purposes of accepting legal service, however the vacant property owner remains personally liable in criminal prosecutions for code violations. Sec. 13-4005. Standard of care for vacant downtown buildings (a) The standard of care for vacant downtown buildings, subject to approval by the Administrator, shall include, but is not limited to: (1) Protective Treatment: All exterior surfaces, including but not limited to, walls, roofs, doors, windows, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in such condition so as to prevent the entry of rodents and other pests and the penetration of water to such extent as to cause the structure to be unsound. All exposed wood or metal surfaces subject to rust or corrosion, other than decay resistant woods or surfaces designed for stabilization by oxidation shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment. All surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. (2) Premises Identification: The property shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm). 4 (3) First-Floor Windows and Doors: Every first-floor window, storefront, and exterior door part, including but not limited to the frame, the trim, window screens and hardware shall be kept in sound condition and good repair. All broken or missing windows shall be replaced with glass and secured in a manner so as to prevent unauthorized entry. All broken or missing doors shall be replaced with new doors which shall be secured to prevent unauthorized entry. All glass shall be maintained in sound condition and good repair. All exterior doors, door assemblies and hardware shall be maintained in good condition and secured. Locks at all exterior doors, windows, or exterior hatchways shall tightly secure the opening. First-floor windows and doors shall not be secured by boarding or other similar means mounted on the exterior except as a temporary securing measure, and the same shall be removed within a period of time designated by the Administrator. (4) Exterior Lighting: The exterior of the building adjacent to any street, sidewalk, or other pedestrian access shall have visible exterior lighting with average ambient light levels of between one (1) and three (3) foot-candles with a minimum of 0.5-foot candles and a maximum of six (6)foot-candles at any point measured on the ground plane. (b) All repairs shall be subject to approval by the Administrator. All required permits and final inspections prior to and/or following repairs shall be in accordance with applicable laws and rules. This paragraph specifically requires that all necessary building permits are obtained and that all work complies with any law or ordinance relating to construction standards, property maintenance, and windstorm requirements, along with all other applicable laws, ordinances, and rules, including property maintenance ordinances. (c) Failure to maintain the vacant property to the standard of care specified by this section is a violation of this article. The Administrator, on application from the vacant downtown building property owner, may authorize limited exceptions to the requirements in 13-4005(a)(3) and (a)(4) on a case-by-case basis. Any authorization of an exception must be made in writing and shall not be interpreted as an establishment of policy. (d) Nothing in this section shall prohibit enforcement of other property maintenance ordinances against the vacant downtown building property owner or any tenant or agent who is otherwise liable for violation of such ordinance. Sec. 13-4006. Eligibility for Incentives 5 (a) A vacant downtown building is eligible for incentives from the TIRZ #3 to assist with redevelopment of the property only if it is in compliance with the Standard of Care in section 13-4005. Sec. 13-4007. Jurisdiction, enforcement and penalties (a) Violation of any provision of this article is a class C misdemeanor. Each day any violation continues constitutes a separate offense. (i) This is a strict liability offense in which no mental state is required. (ii) The fine for this offense may not exceed five hundred dollars ($500.00). (b) Administrative, civil, and criminal enforcement are alternative remedies which may be sought independently of each other. Criminal prosecution may occur regardless of pursuit of civil or administrative remedies and vice versa. Sec. 13-4008. Demolition Review (a) The owner of a vacant downtown building may apply for a demolition permit from the Development Services Department. (b) Demolition permits shall not be granted for any vacant downtown building constructed more than 50 years prior to the date of the application unless a certificate of appropriateness for demolition is issued in accordance with section 3.16 of the Unified Development Code. For purposes of this section, the vacant downtown building that is more than 50 years old will be treated as though it is a designated landmark or contributing structure located within an Historic Overlay zoning district." SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. The general vacant building ordinance, codified at 13-3001 et seq. of the Code of Ordinances, as applied to any property other than a vacant downtown building, is not in conflict with this ordinance. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 4. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. 6 SECTION 5. That 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 shall take effect on October 1 , 2018. SECTION 7. City Council shall review the effectiveness of this ordinance, including the demolition review, annually. On or about the fifth anniversary of the effective date of this ordinance, City Council shall engage in an enhanced, thorough review of the effectiveness of this ordinance. 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 �pUB o� INFORMAL STAFF REPORT r Irmo 1852 MEMORANDUM To: Keith Selman, Interim City Manager/I/( From: Arlene Medrano, Office of the Business Liaison t Date: July 27, 2018 Subject: CCAR: Downtown Vacant Building Ordinance Update Issue(Problem The Downtown Vacant Building Ordinance was on the City Council agenda for a First Reading on Tuesday, July 241h, but was removed to allow time to make recommended changes by Municipal Court Judges and City Prosecutor. Attached is the redline version showing changes since the Tax Increment Reinvestment Zone #3 Board MRZ #3) approved on June 26, 2018. Background &Findings The Tax Increment Reinvestment Zone #3 most recently approved the Downtown Vacant Building Ordinance on June 26, 2018. Upon Board approval of the ordinance and a unanimous vote recommending City Council approval, Staff began making arrangements and preparing for the implementation of the ordinance and program. Staff provided the Ordinance to Finance, Municipal Court Judges and to the City's Prosecutor for final comments. During these discussions, the attached recommendations for improvement were made. • Per Local Government Code, a maximum 90 days is allowed to correct defects. (Pg. 6 Sec. 13-4007 (c); Pg. 9 Sec. 13-4011 (a) • 3% credit card processing fee for anyone who chooses to pay by credit card instead of by check. Checks require no additional fee. (Pg. 6 Sec. 13-4007 (b)) • Requiring notice to the Administrator for a change of owner's registered agent. (Pg. 5 Sec.13-4004 (c) (3); Pg. 9 Sec. 13-4011 (a)). • occupancy will be determined based on receipt of a certificate of occupancy and compliance of state laws. (Pg. 5 Sec.13-4004 (d)). • If approved, Ordinance will become effective on October 1, 2018. • Annual Registration fees are due no later than November 15 of each year. At the July 24th, 2018 TIRZ #3 Meeting, there was a public comment made regarding the Ordinance. The concerns were addressed via face-to-face conversations and emails. The following addresses the remarks made: Concern: $500 Registration Fee Compared to City of San Antonio's $250 fee. Page X of 3 • Response: San Antonio charges an annual registration fee of $250 for single-family residential structures and $750 for all other structuress Our proposed Downtown Vacant Building Ordinance calls for a $500 fee for all structures. • Concern: If the purpose of the Ordinance is to collect contact information, how will we send notice of the Ordinance? • Response: We will send the registration information to the address that is listed per the Appraisal District. However, through the registration process we will require additional contact information such as phone number and email address for the owner and local manager, if applicable. The additional contact information is so that we have a way to contact building owners in the event of an emergency involving his/her buildings. As you know, Downtown structures exist in a close knit eco-system. What happens to one building may very well affect the neighboring buildings. These buildings sometimes share walls or are very close in proximity to each other. We had a vacant building collapse in our Downtown in 2016 and had no way to contact the property owner other than to mail a letter. The building blocked a street for 6 months. • Concern: Punishment of Vacant Building Owners whose buildings may be vacant, but who are using his/her building for storage. • Response: While this Ordinance is not intended to address land use issues, changing a building from its assigned use to Storage use without going through Development Services would constitute a non-permitted use of the building. Storage units are considered a fire load and may require building modifications. The only permitted storage unit in the Downtown area is the U-HAUL located on Chaparral and Beldon St. • Concern: That the City of San Antonio had to create a Legal Defense Fund to deal with Title issues and that the City of Corpus Christi would need to do the same. • Response: The City of San Antonio created a Title Search Fund to be able to identify the proper owner when the listed owner is deceased. Generally, this only applies to single family residences. Additionally, City Staff and DMD Staff met with the Realtors Association on Thursday, July 261�' and the following concerns were addressed: • Concern: That the Ordinance included residential properties. • Response: Staff has edited the Ordinance to apply to commercial properties only at a rate of $500. The number of single-family residential properties within the TIRZ Boundaries was low (between 10-20%). • Concern: The Ordinance requires a local manager who resides in Nueces County. • Response: Staff edited the Ordinance to a 50-mile radius of the Downtown Vacant Building. • Concern: The Ordinance requires a complete floor plan for use by first responders in the event of a fire or other catastrophic event. • Response: Floor plans serve an important purpose for First Responders in situational awareness, search procedures, thermal imagers, fire behavior, fire control and tactical ventilation. This item is too important to the life-safety of First Responders to remove from the Ordinance. It may help to clarify that the Ordinance is asking for a floor plan, not a blue print. • Concern: The existing city-wide vacant building ordinance and the Corpus Christi Property Maintenance Code cover 95% of what is being proposed in the Downtown Vacant Building Ordinance. Page 2 of 3 Response: The downtown area is a unique and distinct area of the City due to the prevalence of older, multi-story buildings constructed without setbacks from the street rights-of-way, and the downtown area has the potential to serve as a dynamic economic center for the City. The existing ordinance is primarily used for securing properties, which is not sufficient for our Downtown. The Downtown Vacant Building Ordinance (DVBO) is aimed at eliminating the blighted appearance of the Downtown and creating a bright and lively storefront appeal by requiring the removal of boards on the first floor and the addition of exterior lighting. DVBO's around the country that have the same requirements are proving to decrease the occurrences of crime surrounding abandoned buildings. To have a thriving Downtown, residents and visitors must feel safe with their surroundings. Building remediations are significantly associated with overall reductions in crimes, total assaults, gun assaults and nuisance crimes. The Downtown Vacant Building Ordinance has only been made possible through the unwavering support of the Downtown Reinvestment Zone Board (TIRZ #3). The TIRZ #3 Board approved the funding necessary to support the cost of a Program Administrator and the efforts of Code Enforcement to enforce this ordinance. The TIRZ #3 Board can only approve use of funds within the TIRZ #3 boundaries and could not have approved funding for the enforcement of the existing city-wide vacant building ordinance as those efforts do not fall within the boundaries and would therefore supplant existing efforts, which is a violation of Tax Code regarding the TIRZ. The Downtown Vacant Building Ordinance also differs in that it provides an opportunity for vacant building owners to apply for a grant to support the cost of complying with the ordinance. • Concern: That the associated fees are only to generate revenue for the City. • Response: The fees collected will not cover the cost to run the Downtown Vacant Building Program and therefore will produce $0 net revenue for the City. The TIRZ #3 is supplementing a majority of the cost. o Estimated Program Cost- $90,000 o Estimated Ordinance Revenue— ■ Total Registration Fees = $500 x 45 estimated vacant buildings = $22,500 • Total Inspection Fees = $0.01/sq. ft x Approx. 1,000,000 vacant sq. ft = $10,000 • Total Program Revenue $32,500 • Concern: The Realtors Association was not contacted for input on this Ordinance. • Response: Staff reach out to the Realtor's Association as well as other community stakeholders stating a desire to work together on the Downtown Vacant Building Ordinance. The Realtor's Association were invited via phone and email in July 2017, but were not available to engage. Conclusion Staff recommends passing of the Ordinance as proposed here today to continue the momentum and effort for Downtown revitalization. Page 3 of 3 Downtown Vacant Building Ordinance City Council Meeting August 28, 2018 Downtown Vacant Building Ordinance Fir • Citywide Vacant Building Ordinance Requires Property Secured • Downtown Vacant Building Ordinance Created in 2008 • No Additional Staff, Optional Provisions • Repealed in 2015 • Motion from Tax Increment Reinvestment Zone #3 to create framework on 2/28/2017 About Vacant Buildings Costs to Communities: • Creates Blight • Attracts Vandalism, Criminal Activity • Endangers Public Health & Safety • Lowers Property Values Various Community Approaches: • Vacant Building Registration Programs • Eminent Domain • Receivership • Landbanking Best Practice - Texas Vacant Building Registration Programs • 3 of 10 Biggest Texas Cities have Registration Program • San Antonio, Dallas & EI Paso San Antonio's .• Staffing Office of Historic Preservation • 4 Staff, including 2 inspectors specific to program Process Internal Initiation 2013,Adopted June 2014, Kicked Off January 2015 • Currently Expanding to other areas. Policy Must Register, Submit Building Plan • Failure to Register is Class C Misdemeanor-$500 Fine/Day • Fee Waiver if listed at Fair Market Value # of Downtown Vacant Buildings - 948 Geographic IDs in Tax Increment Reinvestment Zone #3 Boundaries upt Downtown Vacant Preperties (Morgan Ave, North to Ship Channel. E.-- Map of Downtown Vacant P,°pertles SEA District Tancahua St. East to Bay) MaR of DownYorVmVacant Properties .,.Marina Arts Dhtr(cf. - Reviewed for Utility Accounts " —�. Map.of owdnjw(°Vacant Properties - Conducted Field Survey in July 2017 -Boshore"eiP"'°r"°°" - 56 Vacant Buildings - 5 with TIRZ #3 Agreements - 92 Vacant Lots - Map of Downtown Vacant Properties - Draft Inventory of Vacant Properties 5 Tax Increment Reinvestment Zone #3 Goals • 2018 Ordinance Goals: • Establish Standard of Care: • Protective Treatment • Secured First Floor • Exterior Lighting • Water Tight • Reduce risk to health, safety and welfare of the public • Eliminate blighted appearance and replace with lively storefront appearance • Encourage Property Owners to Take Look at Property • Require Communication with Property Owners • Downtown Reinvestment Zone Focused & Funded Downtown Program Framework • Registration • Contact Information & Listing Information • Building Activation Plan • Registration & inspection iree • Interactive Map of Available Properties on new • Annual Inspection Requirements • Standard of Care Requirements (Exterior Lighting,First Floor Activation,Roof Not Leaking) • Assistance Fund ($50,000 in FV19) • Compliance Promotes Property, Eligible for Incentives • Cost of Non-Compliance: Citations Different Type of Ordinance DowntownCity Wide Vacant Building Ordinance Goal Secure Dangerous Buildings Improve Downtown Safety&Facilitate Development Type of Building Residential&Commercial Commercial "Vacant"Definition Unsecured,Condemned,Dangerous More than 75%Unoccupied Standard of Care Building Secured from Entry Exterior Lighting,Storefront First Floor, Structurally Stable Registration Only After Code Violation Automatic Building Action Plan Only After Code Violation Automatic Registration Fee None $500 Inspection Fee Only After Code Violation Automatic,$0.01 per Sci Ft Watchman Only After Code Violation,if Building is not No Mention securable Incentives Not Available $5,000 for 11t 10 Properties to Comply, Additional Incentives to Encourage Occupation Funding Source General Fund Tax Increment Reinvestment Zone#3(TIRZ#3 aka Downtown Reinvestment Zone) g Benefits of Downtown Program - Reason & Funding to Improve Exterior through Proactive Compliance Fund - Fee Waiver for Building Permit, or Listing for Sale a Fair Market Value - Ability to list on Downtowntx.org - Ability to Connect with Tenants - Ability to Access Incentives - Improvement Oriented D owntowntx.or g 01 00, Incentive Applications 10 Imagine the Possibilities I � •J Tour�naormatcoic '! DATE--W-4 A&t ar TIME-/000-1109.4N.yuDw 09300pI TOUR BEGINS:9w7M 4w*-rq 7W NCliq-1 �: l H0ST E D B Y farm G4v7 V-xrwwMwj—at P.&,r MOR REE INFO 361-99.9-n63 1 11 Process Map With Registration Property October 1 Owner Property • di EnsuresOwner Becomes - Submits Passed Compliance Effective Meets Registration Issued Standard of Packet Care Fee Waiver Listed Fair Reinspection $5,000 for 1" Market Upon Failure Ten Properties Value to Comply Building Permit Issued 12 Process Map Without Registration BuildingOctober 1 Ordinance Standard • Yes No Citation Becomes Care Effective Up to$5,000 grantper property for FY18 only (Budget$50K) Citation 13 0) Effects of No Registration 1. No citation for failure to register 2. No contact information from the property owner 3. No registration fee to assist with program costs 4. No floor plan requirement for use by first responders in the event of a fire or other catastrophic event 5. No Plan of Action detailing timeline for correcting violations, rehabilitation,maintenance while vacant or future use of the building 6. No Certification of Care 7. No requirement for Criminal Trespass affidavits 8. No proactive notification of change in ownership,contact information,or change in registered agent 9. No annual interior inspections or incremental interior inspections based on#of years vacant 10. No interior reinspections? 11. No interior annual or interior reinspection fees to assist with program costs 12. No Property Mitigation Plan upon failure of inspection 13. No Emergency Building Assistance Fund to assist with compliance 14. No fees. No fee waivers 15. If applying for TIRZ#3 incentives,an inspection to ensure compliance with the Standard of Care is required and an inspection fee will apply. 14 0) Goal • No Registration = Exterior Standard of Care Goal = Decrease vacant buildings, increase Compliance successful businesses SC o� � v AGENDA MEMORANDUM N�ORPOBPI One-Reading Action Item for the City Council Meeting of August 28. 2018 1852 DATE: August 20, 2018 TO: Keith Selman, Interim City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Authorizing the City Manager, or designee, to submit one or more grant applications in the amount of up to two million dollars ($2,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. CAPTION: Resolution authorizing the City Manager, or designee, to submit one or more grant applications in the amount of up to two million dollars ($2,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. PURPOSE: The purpose of this item is to receive authorization to submit one or more grant applications to the State of Texas, Office of the Governor for the Texas Military Preparedness Commission's (TMPC) Defense Economic Adjustment Assistance Grant (DEAAG) Program. The application is due August 31 , 2018. The TMPC will score and award the grants at its September 18, 2018 meeting in Austin. The identified projects are continuations of project identified to improve security at NASCC and its tenant command buildings. NASCC - Install 565 linear feet of galvanized steel fencing and three high security steel gates around the Pass and Tag Building at the main entrance (South Gate) of Naval Air Station Corpus Christi. The project was originally scoped to be funded through a re- purposed Texas Military Value Revolving Loan through the Texas Military Preparedness Commission approved in 2014, but was eliminated due to costs exceeding available budget. The fencing and gates furthers force protection requirements of Navy, Army, and other tenant command facilities underway through multiple sources -- the TMVRLF perimeter fencing project and Commercial Vehicle Inspection Entryway, a DEAAG- Page 1 of 3 funded enclaving project for CCAD facilities and Army Working Capital Fund replacement of base security fencing damaged by Hurricane Harvey. CCAD - Construct enclave fencing and access control gates around Army helicopter repair and industrial manufacturing hangars to enhance security of mission-critical aircraft and components. BACKGROUND AND FINDINGS: The City was awarded two DEAAG projects in December 2018 for a total of approximately $6.5 million for a water line extension for NASCC and security enclaving of CCAD facilities. The Governor's office posted notice of the availability of a very limited $2,000,0000 in DEAAG funds on August 17 with the goal of receiving applications by August 31, 2018, and award the funds at the next TMPC Board meeting on September 18, 2018. ALTERNATIVES: 1. Submit application 2. Do not submit application OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Not applicable EMERGENCY/ NON-EMERGENCY: Due to late notice and quick application deadline, this is a one reading only item. DEPARTMENTAL CLEARANCES: Legal Utilities Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue OX Capital Not applicable (To fill out chart, see instructions below) Project to Date Fiscal Year: Expenditures Current Future 2019-2020 (CIP only) Year Years TOTALS Line Item Budget Encumbered / Page 2 of 3 Expended Amount This item BALANCE Fund(s): Comments: Not applicable RECOMMENDATION: Staff recommends approval of the resolution to submit the application. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation Page 3 of 3 RESOLUTION Authorizing the City Manager, or designee,to submit one or more grant applications totaling up to two million dollars ($2,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. WHEREAS, With 15 major installations, numerous headquarters, open spaces for realistic training, low cost of living and outstanding support to military and families, Texas has a long, significant and proud history of partnership with the defense of our nation; and WHEREAS, active duty and reserve installations across the branches of service in Texas have an economic impact of roughly $150 billion to the Texas economy per year and 255,000 uniformed and civilian employees which generates a significant amount of sales tax revenue for the State; and WHEREAS, these military installations are also part of the fabric of many communities and are a source of great pride,provide skilled workforce, add to population growth, and have significant economic impact; and WHEREAS,Naval Air Station Corpus Christi and the Corpus Christi Army Depot have an estimated employment of more than 9,400 full-time and contract employees making CCAD the largest employer in the City and NASCC the sixth largest; and WHEREAS, the State of Texas and local communities have the opportunity to make Texas the most effective and efficient location for the Department of Defense to train and operate and could create initiatives to make Texas the 91 "military friendly"place for service members and their families to live, work and play; and WHEREAS, many Texas companies have contracts to provide services with local military installations creating jobs and additional tax revenue; and the State of Texas is in the top three states for receiving Department of Defense contracts, with the top awards going to aircraft development; and WHEREAS, the installations in the state are vital to national security and Texas has specialized in mobilizing and deploying troops, over 1 million, in the past 12 years; and to support this mobilization, the installations and depots have dedicated railheads and runways capable of handling large passenger and cargo aircraft, and Texas has road and rail transportation to Texas ports for deployments with dedicated roll on roll off Navy ships berthed at Texas ports along with the necessary infrastructure at the ports for storage and loading of the ships; and WHEREAS, Texas has unencumbered airspace, ground maneuver space, and open water for training of all branches of service with virtually every weapon system as well as some of the most diverse topography for excellent training scenarios, the weather provides for the ability to train year round and deployments from Texas installations are efficient due to airfields, road systems, and rail transportation to ports in the state and, finally, the cost of living at Texas installations are some of the lowest in the country; and Page 1 of 3 WHEREAS, the Texas Legislature appropriated funding in each of the last two biennia to the Texas Military Preparedness Commission Defense Economic Adjustment Assistance Grant (DEAAG) fund to assist defense communities that have been, or may potentially be, impacted by a past or future BRAC action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects; and WHEREAS, On December 13, 2017, the City of Corpus Christi was awarded two grants valued at approximately $6.5 million for(1) a water line extension for Naval Air Station Corpus Christi and (2) security enclave fencing for the Corpus Christi Army Depot; and WHEREAS, the Texas Military Preparedness Commission is seeking new DEAAG applications for up to $2,000,000 by August 31, 2018, to be awarded at the TMPC's next meeting on September 18, 2018. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager, or designee, is authorized to submit one or more grant applications totaling up to two million dollars ($2,000,000)to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program for the following projects: (a) Security fencing and access gates for NASCC's Pass and Tag Building to enhance force protection requirements of Navy,Army, and other tenant command facilities, and (b) Security enclave fencing and access gates at Corpus Christi Army Depot hangars to continue force protection requirements around CCAD industrial facilities. Adopted this the day of , 2018. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of Page 2 of 3 PASSED AND APPROVED this day 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 Approved As To Form: Miles Risley City Attorney Page 3 of 3 se o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2018 "`O""°p"`E1852 Action Item for the Cit Council Meeting of August 28, 2018 DATE: August 14, 2018 TO: Keith Selman, Interim City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtaq Ca)cctexas.com 361-826-3850 Requesting the Commissioner of Insurance to reject the proposed premium rate increase proposed by the Texas Windstorm Insurance Association CAPTION: RESOLUTION Requesting the Commissioner of Insurance to reject the proposed premium rate increase proposed by the Texas Windstorm Insurance Association. PURPOSE: The Texas Windstorm Insurance Association Board of Directors voted 5-4 to increase rates for 2019 by 10% at the July 31, 2018, quarterly Board meeting and will file the proposed rate increase with the Texas Department of Insurance (TDI) by August 15, 2018, as required by law; and consumers also face an additional four percent cost-of- living increase approved by TWIA. BACKGROUND AND FINDINGS: Numerous Coastal Bend cities and counties wrote letters to the TWIA Board opposing the premium rate increase. Now they are reaching out to the Commissioner of Insurance to reject the proposed rate increase. The proposed rate increase must be approved by the Commissioner of Insurance, and if approved, it will go into effect January 1, 2019 and apply to all TWIA residential and commercial properties. New business and renewal policies issued in 2018 will not be affected by the rate increase until the policies renew in 2019. Many Hurricane Harvey impacted communities continue to struggle with rebuilding. Insurance and FEMA claims remain unresolved so repairs, restoration, and revitalization of homes, businesses and communities are incomplete. Opponents of the increase believe it will have a significantly detrimental impact on the housing market in Hurricane Harvey impacted communities. Many communities in Nueces, San Patricio and Aransas County struggled with affordable housing shortages before Hurricane Harvey. The increased building costs and higher premiums will make it harder for some consumers to qualify for mortgages hindering an already struggling tax base. It also jeopardizes existing mortgage loans and the banks that provide them. ALTERNATIVES: The City could: (1) adopt the resolution, (2) not adopt the resolution or (3) take no action. OTHER CONSIDERATIONS: Nueces County is scheduled to adopt a resolution. Other Gulf Coast and Coastal Bend communities are considering similar resolutions. CONFORMITY TO CITY POLICY: The resolution conforms to the City's adopted Legislative Priorities Agenda. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: n/a FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital © Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION Requesting the Commissioner of Insurance to reject the proposed premium rate increase proposed by the Texas Windstorm Insurance Association. WHEREAS,Hurricane Harvey made landfall as a Category 4 hurricane on the Texas coast on Friday,August 25, 2017, and battered and drenched Texas for days before finally moving out of the state. The heavy rains from Harvey caused catastrophic flooding throughout the Coastal Bend Region,the Houston area and Southeast Texas and was the first major hurricane to make landfall along the Middle Texas Coast since Hurricane Celia in 1970; and, WHEREAS, Governor Greg Abbott first issued a disaster declaration on Aug. 23, 2017, for Aransas,Austin, Bee, Brazoria, Calhoun, Chambers, Colorado, DeWitt, Fayette, Fort Bend, Galveston, Goliad, Gonzales, Harris, Jackson, Jefferson, Jim Wells, Karnes, Kleberg, Lavaca, Liberty, Live Oak, Matagorda,Nueces, Refugio, San Patricio, Victoria, Waller, Wharton, and Wilson counties; and, WHEREAS, almost one year after the storm many of the Hurricane Harvey disaster declared communities are struggling to rebuild,have TWIA and other insurance claims unresolved, are still waiting for assistance from FEMA,HUD, SBA or other federal agencies. Others are unable to find and hire a qualified and trusted contractor to provide bids, or to start or complete repairs and re-construction, and are financially burdened by higher deductibles and unforeseen overall increases in labor or material costs, resulting in claimants being unable to begin or complete repairs and reconstruction that was started. In addition,home and business owners are frustrated by delays caused by lack of familiarity with claim dispute procedures and deadlines on the part of the claimant's public adjuster or attorney; and, WHEREAS,the Texas Windstorm Insurance Association Board of Directors voted 5-4 to increase rates for 2019 by 10% at the July 31, 2018, quarterly Board meeting and will file the proposed rate increase with the Texas Department of Insurance (TDI)by August 15, 2018, as required by law; and consumers also face an additional four percent cost-of-living increase approved by TWIA; and, WHEREAS,the Texas Insurance Code (Chapter 2210)requires TWIA rates be "reasonable, adequate, not unfairly discriminatory, and nonconfiscatory as to any class of insurer." Rates must also be based upon sound actuarial principles and sufficient to sustain projected Association losses and expenses; and, WHEREAS, the proposed rate increase must be approved by the Commissioner of Insurance, and if approved, it will go into effect January 1, 2019 and apply to all TWIA residential and commercial properties. New business and renewal policies issued in 2018 will not be affected by the rate increase until the policies renew in 2019; NOW THEREFORE BE IT RESOLVED, THAT THE CITY OF CORPUS CHRISTI request that the Commissioner of Insurance reject the proposed premium rate increase proposed by the Texas Department of Insurance. PASSED AND APPROVED this day of ) 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas On the day 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 Approved As To Form: Miles Risley City Attorney Texas Department of Insurance Notice of Annual Rate Filing Texas Windstorm Insurance Association Description: The Texas Windstorm Insurance Association (TWIA) made its annual rate filing on August 14, 2018. The filing represents a 10 percent increase in residential and commercial rates, effective January 1, 2019, for new and renewal policies. By statute, the rate filing is subject to review by the Commissioner of Insurance. The Commissioner is required to consider certain specific factors set out in Texas Insurance Code Section 2210.355(b), including: the past and prospective loss experience within and outside this state of hazards for which insurance is made available through the plan of operation, if any; expenses of operation, including acquisition costs; a reasonable margin for profit and contingencies (profit is contributed to the State's Catastrophe Reserve Trust Fund to pay future TWIA losses from major storms); and payment of public security obligations, including the additional amount of any debt service coverage determined by TWIA to be required for the issuance of marketable public securities. Texas Insurance Code Section 2210.355(c) requires that TWIA's rates must be reasonable,adequate,not unfairly discriminatory, and nonconfiscatory as to any class of insurer. The filing must be approved or disapproved by October 15, 2018. How to review, request copies, request additional supporting information, and comment: • To review or get copies of TWIA's rate filing: o Online: Go to www.tdi.texas.gov/submissions/indextwia.html#rate. o In person: You can review the filing at the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78701 during regular business hours. The filing will be in two parts, one for residential rates, one for commercial rates. Notice of TWIA Annual Rate Filing Page 2 of 2 o By mail: Write to the Office of the Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. • To ask that TWIA provide additional supporting information relating to this filing, send a request to Chi efClerk(2tdi.texas._og_v or by mail to the Office of the Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714- 9104. You must submit the request for additional supporting information by 5 p.m. Central time on August 31, 2018. The request must be reasonable and directly related to the filing. • To comment or provide information related to the filing, send written comments or information to Chi efClerkgtdi.texas.gov or by mail to the Office of the Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714- 9104. You must submit your comment or information by 5 p.m. Central time on October 1, 2018. Issued in Austin, Texas on August 15, 2018. /s/Norma Garcia Norma Garcia, General Counsel Texas Department of Insurance 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 (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 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 Page 16 of 18 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) $ 425.00 22max courts (Half day) $ 210.00 10max courts (Full day) $ 210.00 10max courts (Half day) NEW Tournaments(Al Kruse) 10max courts (Full day) $ 210.00 10max courts (Half day) NEW HEB&Al Kruse League Fees (per/match) $ 10.00 Page 17 of 18 ATTACHMENT F Approved City Fee Schedule A. Court Fees Outdoor Open Play(per/player) $ 3.00 Tennis League (per/player) $ 2.00 Private Lesson (per/player) $ 1.50 Semi-Private/Group Lesson (per/player) $ 1.50 Covered Pavillions(HEB) Open Play(per/player) $ 7.00 Per player(tennis league) $ 2.00 Private Lesson (per/player) $ 4.50 Semi-Private/Group Lesson (per/player) $ 2.25 B. Facility Rental Fees HEB Tennis Center 22max courts (Full day-6 or more hrs) $ 175.00 22max courts (Half day) $ 90.00 11max courts (Full day-6 or more hrs) $ 90.00 11max courts (Half day) NEW Al Kruse Tennis Center 10max courts (Full day-6 or more hrs) $ 90.00 10max courts (Half day) NEW Annual and Semi-Annual C. 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. 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 (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 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 Page 16 of 18 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) $ 425.00 22max courts (Half day) $ 210.00 10max courts (Full day) $ 210.00 10max courts (Half day) NEW Tournaments(Al Kruse) 10max courts (Full day) $ 210.00 10max courts (Half day) NEW HEB&Al Kruse League Fees (per/match) $ 10.00 Page 17 of 18 ATTACHMENT F Approved City Fee Schedule A. Court Fees Outdoor Open Play(per/player) $ 3.00 Tennis League (per/player) $ 2.00 Private Lesson (per/player) $ 1.50 Semi-Private/Group Lesson (per/player) $ 1.50 Covered Pavillions(HEB) Open Play(per/player) $ 7.00 Per player(tennis league) $ 2.00 Private Lesson (per/player) $ 4.50 Semi-Private/Group Lesson (per/player) $ 2.25 B. Facility Rental Fees HEB Tennis Center 22max courts (Full day-6 or more hrs) $ 175.00 22max courts (Half day) $ 90.00 11max courts (Full day-6 or more hrs) $ 90.00 11max courts (Half day) NEW Al Kruse Tennis Center 10max courts (Full day-6 or more hrs) $ 90.00 10max courts (Half day) NEW Annual and Semi-Annual C. 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 GO `� H U NaNPAAPS EAGENDA MEMORANDUM 1852 Future Item for the City Council Meeting of August 21, 2018 Action Item for City Council Meeting August 28, 2018 DATE: 8/14/2018 TO: Keith Selman, Interim City Manager FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB�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: 2018-2019 (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 Go�Q us cyR�r i ego J t� � iwm RPO 752 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. ® • 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. • 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; (I) 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-to-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. Oro "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 Cnristi Hftordaoie mousing Poiicy and Program initiatives 2018 Page 1 of 4 HOUSING AND COMMUNITY • 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 C)includes stakeholders from government, the nonprofit sector, and the private sector. 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 HOUSING AND COMMUNITY • 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 purchased as their principal residence. 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 4 5 6 7 8 IM 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 Cit, -Corp— I`fordable Hou-,..9 Poi-I and r ,,,�Initiatives 2018 Page 3 of 4 HOUSING • DEVELOPMENT cr)connected 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 reimbursed, on a pro rata basis, include the following: • Plat application fees •Zoning fees • Community Enrichment fees • Building permit applicationfees •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. C) The City will explore alternative funding sources to replenish Development Services fees associated with affordable housing program development. .r. City of Corpus Christi Affordable Housing Policy and Program Initiatives 2018 Page 4 of 4 HOUSING AND COMMUNITY • 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 August 28, 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 ■ Water tap/set fees ■ Wastewater tap fees ■ Gas tap fees \` Affordable Housing Reimbursement Program • 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 $200,00 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 \` Affordable Housing Reimbursement Program • The Affordable Housing Reimbursement Program will be administered by Development Services • Reimbursements are for new owner-occupied housing that does not exceed 200,000 sales price. • Reimbursement amount: • 100% for low— moderate income purchaser. • Must pre-qualify as a family earning 80% or less of the median family income. • 25% for middle income purchaser up to $200,000 • No pre-qualification of income is required. • Reimbursements to developer, builder and property owner with proof of fee payment. low Questions • se GO O Va. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 28, 2018 NCORROP pEO 1852 Second Reading for the City Council Meeting of September 11, 2018 DATE: August 9, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director NinaM@cctexas.com (361) 826-3276 Ordinance amending Corpus Christi Code of Ordinance to adopt Affordable Housing Fee Reimbursement Program CAPTION: Ordinance amending Corpus Christi Code of Ordinance to adopt Affordable Housing Fee Reimbursement Program PURPOSE: This is an ordinance creating a fee reimbursement program to implement the affordable housing policy by providing an incentive to encourage the private sector development of both affordable and workforce housing. BACKGROUND AND FINDINGS: The median home price in Corpus Christi was $184,950 in 2017, up 1.1% from 2016 according to the Data Relevance Project, a partnership among the Texas Association of Realtors and local realtor associations throughout the state. The Real Estate Center at Texas A&M University cites $150,000 as a typical budget threshold for entry-level and first-time homebuyers. According to the Comprehensive Housing Market Analysis for Corpus Christi, Texas, published by the Department of Housing and Urban Development, the average new homes sales price in Corpus Christi was $253,00 in 2016, showing a net price increase of 4% from 2014. 24% of new market rate sales housing demand in the coming years was expected in the $100,000 to $199,999 price range, while 32% of housing demand will be in the $200,000 to $249,999 price range. 44% of the demand was expected in the $250,000 and greater price range. Housing construction and land costs continue to increase, creating an affordability issue for both the low to moderate and middle-income families. The Affordable Housing Fee Reimbursement Program is one tool that can provide an incentive to develop affordable and workforce housing. The program will be administered by the Development Services Department. The reimbursement will be for newly constructed, owner-occupied dwelling units with a purchase price that does not exceed $200,000. The program would provide for the reimbursement of the following fees paid by the home builder, developer or seller: (1) Plat Application Fees on a pro rata basis (2) Zoning fees on a pro rata basis (3) Community Enrichment fees on a pro rata basis (4) Building permit application fees (5) Water meter tap/set fees (6) Wastewater tap fees (7) Gas tap fees The program will address both affordable and workforce housing. Affordable Housing. The 100% reimbursement targets low-moderate income participants. This program requires that the homeowner pre-qualify for the program as a family who earns no more than 80% of the median family income (MFI) for the Corpus Christi metropolitan statistical area. It is anticipated that participants in this program would qualify based on their income for a purchase price of$150,000 or less. Workforce Housing. The 25% reimbursement targets middle income participants and will reimburse for single family housing with a sales price not to exceed $200,000. No income pre-qualification is required. Applications. The applications for the Reimbursement Program must include a deed, contract of sale, and proof of permit fees paid for housing development. To qualify for the 100% Affordable Housing Reimbursement, income eligibility pre-qualification must also be included. To qualify for reimbursement of fees under the program, the deed conveying title of the affordable housing unit must include a covenant restricting the sale of the dwelling unit not to exceed the purchase price 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. The program would become effective October 1, 2018. ALTERNATIVES: Do not offer financial incentives to developers to build affordable, owner-occupied housing. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This ordinance amends the Corpus Christi Code of Ordinances, Chapter 20 to add ARTICLE III —AFFORDABLE HOUSING PROGRAM. This program is consistent with the Affordable Housing Policy. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Housing and Community Development FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget 0 $147,000 $147,000 Encumbered / Expended Amount 0 This item 0 $147,000 $147,000 BALANCE Fund(s): 4670 Comments: The goal would be to provide reimbursements for 121 dwelling units. Reimbursed fee amounts could range from $2,000 to $4,000 per dwelling unit for 100% reimbursement, or $500 to $1000 per dwelling unit for 25% reimbursement. $147,000 would be allocated for affordable/workforce housing for each budget year. Reimbursements will be provided until the funds are exhausted. Staff will periodically monitor impacts to department revenues to assess future revenue needs. Historical data indicates approximately 100 dwelling units could be eligible for the 100% reimbursement and 385 dwellings units could be eligible for the 25% reimbursement program per year. Assuming a participation rate of 25%, we estimate 25 dwelling units at 100% reimbursement at $3,000 per dwelling would reduce revenue by $75,000 and an additional 96 dwelling units at 25% reimbursement at $750 per dwelling would reduce revenue by an additional $72,000. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Corpus Christi Code of Ordinance to adopt Affordable Housing Fee Reimbursement Program WHEREAS, pursuant to the Affordable Housing Policy and Program Initiatives adopted by the Corpus Christi City Council, the Development Services Department and Housing and Community Development Department have created a fee reimbursement program to reimburse certain building and development fees for new single-family construction which qualifies as Affordable or Workforce Housing; and WHEREAS, it is deemed to be in the best interest of the public health, safety, and welfare of the City of Corpus Christi and its citizens to enact this ordinance reimbursing certain building and development fees for new single- family affordable housing projects. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Corpus Christi Code of Ordinances, Chapter 20 is amended to add ARTICLE III —AFFORDABLE HOUSING FEE REIMBURSEMENT PROGRAM by adding the following language as delineated below: ARTICLE III. — AFFORDABLE HOUSING FEE REIMBURSEMENT PROGRAM. Sec. 20-31- DEFINITIONS. In this article: (1) "Affordable Housing" is defined as a newly constructed owner-occupied single family dwelling unit within the City that (1) is sold to families who earn no more than 80% of the median family income (MFI) for the Corpus Christi metropolitan statistical area as determined by the HCD director, (2) has an initial purchase price that does not exceed $200,000 (including closing costs), and (3) meets the energy efficiency standards established in Title 42 United States Code §12709. (2) "Workforce Housing" is defined as a newly constructed owner-occupied single family dwelling within the City that (1) has an initial purchase price that does not exceed $200,000 (including closing costs), and (3) meets the energy efficiency standards established in Title 42 United States Code §12709. (3) "DS Director" means the director of the City's Development Services Department. (4) "HCD Director" means the director of the City's Housing and Community Development Department. 1 Sec. 20-32 - ADMINISTRATION. The DS Director shall administer the Affordable Housing Fee Reimbursement Program and may adopt and implement program guidelines and establish the requirements for an application under the program. Sec. 20-33- PROGRAM REQUIREMENTS. (a) Affordable or Workforce Housing must comply with all City Codes; (b) Application for the Affordable Housing Reimbursement must include proof of purchaser prequalification for income eligibility by HCD Director, deed, contract of sale, and proof of permit fees paid for Affordable Housing to obtain a one hundred percent (100%) reimbursement of fees. (c) Application for the Workforce Housing Reimbursement must include deed, contract of sale, and proof of permit fees paid for Workforce Housing to obtain a twenty-five percent (25%) reimbursement of fees. (d) Deed must include a covenant established in Sec.20-35 and must be recorded in the Official Public Records of Nueces County, Texas. (e) The lot size for the affordable housing may not exceed 6,000 square feet. Sec. 20-34- FEE REIMBURSEMENTS. (a) The DS Director may, in accordance with Subsection (c), reimburse 100% of the following fees paid after October 1, 2018 for Affordable Housing: (1) Plat application fee on a pro rata basis (2) Zoning application fee on a pro rata basis (3) Community Enrichment fee on a pro rata basis (4) Building permit application fee (5) Water meter tap/set fee (6) Wastewater tap fee (7) Gas tap fee (b) The DS Director may, in accordance with Subsection (c), reimburse 25% of the following fees paid after October 1, 2018 for Workforce Housing: (1) Plat application fee on a pro rata basis (2) Zoning application fee on a pro rata basis (3) Community Enrichment fee on a pro rata basis (4) Building permit application fee (5) Water meter tap/set fee (6) Wastewater tap fee (7) Gas tap fee 2 (c) Reimbursement will only be made if the director determines that applicant: (1) paid reimbursable fees; (2) developed and sold Affordable or Workforce Housing; and (3) the Affordable or Workforce Housing deed has the covenant required by Sec 20-35 and has been recorded in the Official Public Records of Nueces County, Texas. Sec. 20-35- REQUIRED COVENANT RUNNING WITH THE LAND. (a)To qualify for reimbursement of fees under the Program, the deed conveying title of the Affordable or Workforce Housing unit must include the following restrictive covenant: For a period of five (5) years from the date this deed is signed and filed in the land records, no person shall sell this dwelling unit for a price that exceeds $200,000 (including closing costs). This restriction constitutes a covenant running with the land and shall inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors and assigns. This covenant is made with the intent of satisfying Chapter 20, Article 111 AFFORDABLE HOUSING FEE REIMBURSEMENT PROGRAM of the Corpus Christi Code of Ordinance. It is the intent of all parties that the City of Corpus has full rights to enforce this covenant running with the land. (b) To qualify for reimbursement of fees under the Program, the restrictive covenant required by the previous subsection must be recorded in the Official Public Records of Nueces County, Texas. SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. This ordinance takes effect after official publication. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. [Remainder of Page is Blank] 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 4 mus c� 0o a o AGENDA MEMORANDUM NCORPORPE 1852 First Reading for the City Council Meeting of August 28, 2018 Second Reading for the City Council Meeting of September 11, 2018 DATE: August 7, 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 718 South Navigation Boulevard (Requires 3/4 vote) CAPTION: Case No. 1117-01 GMG Partners, LP.: Ordinance extending a Special Permit for an additional 36 months (3 years) on a property at or near 718 South Navigation Boulevard. PURPOSE: The purpose of this item is to allow for the extension the expiration date of the Special Permit for an additional 36 months (3 years). Original SP was approved in 2015 for resource extraction (sand, gravel, dirt, etc.). RECOMMENDATION: Planning Commission and Staff Recommendation (February 21 , 2018): Approval of the extension of the Special Permit for an additional 36 months (3 years). Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 ALTERNATIVES: 1 . Deny the request. OTHER CONSIDERATIONS: The case is considered controversial as we have received 22.19% opposition. Approval will require a super-majority vote. City Council originally held a public hearing on this item on April 17th. After discussion occurred regarding drainage and concerns from adjacent property owners, Council voted to table the item to a later date to allow the applicants' engineer to speak with the representation of the adjoining property owners. Discussions were indeed initiated between the applicant's engineer and engineering agents of the adjacent property owners concerning storm water drainage. Research and investigation of the variables regarding drainage has been conducted by both engineering firms. Drainage concerns along South Navigation Boulevard have been resolved to the satisfaction of the adjacent property owner. Mitigation of drainage concerns by the applicant will be performed on the adjacent property in the fall after the crops are harvested per a private agreement between both parties. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Westside Area Development Plan and was previously planned for medium density residential uses. The requested zoning is consistent with the adopted Comprehensive Plan (Plan CC) as amended. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 1117-01 GMG Partners, LP: Ordinance amending Zoning Ordinance 030511 on a property at or near 718 South Navigation Boulevard by adding a 36-month time extension to the special permit time limit initially approved. WHEREAS, GMG Partners, LP. requested, prior to the initial special permit expiration date provided by Zoning Ordinance 030511, as shown in Exhibit "A" and as the site is amended by Exhibit "B", a 36-month extension of the 36-month special permit time limit initially approved, therein requesting a total time limit of 72 months; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of GMG Partners, LP. (Owner"), for an amendment to the special permit time limit provided in Zoning Ordinance 030511; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 21 , 2018, during a meeting of the Planning Commission, and on Tuesday, April 17, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Zoning Ordinance 030511 is amended by adding a 36-month time extension to the 36-month special permit time limit initially approved, thus extending the total special permit time limit to 72 months. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (34.622 acre tract being out of Lot 1 , Block 10, of the J.C. Russell Farm Blocks) and that are in conflict with this ordinance are expressly repealed. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F8C7F\@BCL@FC2F8C7F.docx Page 2 of 2 Zoning Case #1117-01 ' GMG Partners, LP. Rezoning for a Property at 718 South Navigation Boulevard City Council Presentation August 28, 2018 Aerial Overview IL y i I o BM o JECT ��C�� �lannp PROPERTY MSM I .W- 9 f 2 r Subject Property at 718 South Navigation Boulevard �I 4 g o SUBJECT-- _ pG30o pC�G3 Vicinity Map g _ o00010 - MUz Road QUnd@wsft@Q 0 OpenStreetMap(and)contributors, CC-BY-SA Zoning Pattern o� L IS a 0 0� pIrS40@7 OU BJECT FR PIEP"r l D o p p � B6�f1 �(cr199 � Lel/JUIr to 2015 L as-6 IRM4 1076 pro-1087 pirs-I ON NOR Planning Commission and Staff Recommendation Approval of the requested time extension of 36 months (3 years) for the Special Permit (SP). Original SP approved May 2015. Original Special Permit • Use Regulation: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is resource extraction as described herein; the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses including the storage of equipment and structures necessary to conduct operations. • Erosion and Dust Control: Erosion and dust control shall be in accordance with all City, State, and Federal requirements and specifications. • Access: Vehicular access shall be allowed as per the approved site plan and excavation permit. • Hours of Operation: Hours of operation shall be limited to the hours between 7:00 A.M. and 5:00 P.M. • Restoration: The site shall be restored to pre-existing condition. • Time Limit: This Special Permit shall expire in three years or upon termination of the excavation permit, whichever comes first. Public Notification 11 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer — "- IL — III 9 Notification Area Im a Opposed: 2 (22.19%) RS-6 z R 11 10 4 5. 0 In Favor: 0 1 X5 SUBJECT PROPERTY L - e I I 40P AOFeex � �nreoe rs i Oo�er[o ganwn cry ea PLANNING COMMISSION FINAL REPORT Case No. 1117-01 INFOR No. 17ZN1039 Planning Commission Hearing Date: February 21, 2018 0 Owner/Applicant: GMG Partners, LP. aM Location Address: 718 South Navigation Boulevard Legal Description: Being a 34.622 acre tract being out of Lot 1 , Block 10, of Qm the J.C. Russell Farm Blocks, located on the east side of South Navigation o Boulevard, north of Bear Lane, and south of Agnes Street (State Highway 544). Request: Special Permit Time Extension Area: 34.622 acres Purpose of Request: Extend the expiration date of the original change of io zoning to the "IL/SP" Light Industrial with a Special Permit for an additional 36 months (3 years). Original SP was approved in 2015 for resource extraction (sand, gravel, dirt, etc.). Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Vacant Light Industrial North "IL" Light Industrial Vacant Light Industrial x _ = South "IL" Light Industrial Vacant Light Industrial Lu N East "RS-6" Single-Family Vacant Light Industrial West "RS-6" Single-Family Vacant Light Industrial Area Development Plan: The subject property is located within the boundaries °a v, of the Westside Area Development Plan and is planned for light industrial uses. o The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit remains consistent with the Comprehensive Plan as amended and the a o Westside Area Development Plan. Q Map No.: 050042 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 0 1,100 feet of street frontage along South Navigation Boulevard, which is an "Al" CL N Minor Arterial. ca L Staff Report Page 2 Street Urban Transportation Planned Existing Traffic Plan Type Section Section Volume p South 95' ROW 70' ROW 3,467 N d Navigation "A1" Minor Arterial 64' paved 22' paved ADT Boulevard Staff Summary: Request: The purpose of the request is to extend the time limit of the Special Permit for an additional 36 months (3 years). AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Department Comments: • The applicant is requesting a time extension for the Special Permit that was issued on May 26, 2015. A time extension is needed in order for the Special Permit to remain valid. • The original application for a Special Permit was for the continued use of the property for a resource extraction use, specifically the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses including the storage of equipment and structures necessary to conduct operations. • The applicant plans to continue operations as deemed by the Special Permit for the purpose of site restoration, as per the conditions of the original Special Permit. Original Special Permit Conditions: 1. Use Regulation: The only use permitted under this Special Permit, other than those allowed by right in the "IL" Industrial District, is resource extraction as described herein; the extraction of sand, gravel, dirt, stockpiling thereof and accessory uses including the storage of equipment and structures necessary to conduct operations. 2. Erosion and Dust Control: Erosion and dust control shall be in accordance with all City, State, and Federal requirements and specifications. 3. Access: Vehicular access shall be allowed as per the approved site plan and excavation permit. 4. Hours of Operation: Hours of operation shall be limited to the hours between 7:00 A.M. and 5:00 P.M. 5. Restoration: The site shall be restored to pre-existing condition upon expiration of the Special Permit. Staff Report Page 3 6. Time Limit: This Special Permit shall expire in three years or upon termination of the excavation permit, whichever comes first. Planning Commission and Staff Recommendation (February 21, 2018): Approval of the requested Special Permit time extension for an additional 36 months (3 years). Vote Results: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Number of Notices Mailed — 11 within 200-foot notification area = 5 outside notification area 0 As of February 16, 2018: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 2 inside notification area — 0 outside notification area a Totaling 22.19% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Special Permit Ordinance C. Revised Metes and Bounds D. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASE S\2017\1117-01 GMG Partners,LP.-SP Extension\PC Documents\Staff Report_1117-01_GMG Partners,LP..docx SC GO O� Va. AGENDA MEMORANDUM NORROPP�E� First Reading Item for the City Council Meeting of August 14, 2018 1852 Second Reading Item for the City Council Meeting of August 21, 2018 DATE: July 10, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Dan Grimsbo, Executive Director of Utilities and Development DanG@cctexas.com (361) 826-1718 FROM: Esteban Ramos, Water Resource Manager, Water Utilities Development Esteban R2@cctexas.com (361) 826 -3294 Drought Contingency Plan Amendments for Large-Volume Industrial Customers CAPTION: Ordinance amending the Corpus Christi Code of Ordinances to modify Sections 55-150 and 55- 154 and add Section 55-159.1,which will provide an exemption from drought surcharges for large- volume industrial customers who pay a drought surcharge exemption fee, provide a mechanism to opt-out of said fee, dedicate the use of the exemption fee to development of a drought-resistant water supply, and authorize the City Manager to execute a standard form agreement with customers who request a City commitment regarding use of the fee; effective October 1, 2018; and providing for penalties. PURPOSE: To amend the Drought Contingency Plan and City Ordinance for large volume industrial customers (industrial customers who use more than 100,000 gallons or more per day); BACKGROUND AND FINDINGS: Water Resource staff reexamined the current Drought Contingency Plan to make possible adjustments to the current surcharge requirements for industrial customers who use 100,000 gallons of water per day or more. In addition, this ordinance establishes a new optional large-volume industrial Drought Surcharge exemption fee of $0.25 per 1,000 gallons for industrial customers who use more than 100,000 gallons a day of water. The Ordinance provides that the industrial customers who pay the non- mandatory Fee are exempt from the applicable water allocation surcharges of the City Code Section 55-154. The optional fees would be used for development of drought-resistant water supplies. A redline strikeout of changes in Drought Contingency Plan and Ordinance and Standard form agreement regarding payment and use of drought surcharge exemption fee are attached. ALTERNATIVES: None OTHER CONSIDERATIONS: These Plans, once approved by City Council, will be submitted to TCEQ and TWDB. CONFORMITY TO CITY POLICY: Not application EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department 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 BALANCE RECOMMENDATION: The Staff recommends approval of the Ordinance to amend the City's Drought Contingency and Drought Contingency Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance to amend the City's Drought Contingency Plan Drought Contingency Plan (as amended) Payment and Use of Drought Surcharge Exemption Fee Standard from Agreement 1 Ordinance amending the Corpus Christi Code of Ordinances to modify Sections 55-150 and 55-154 and add Section 55-159.1, which will provide an exemption from drought surcharges for large-volume industrial customers who pay a drought surcharge exemption fee, provide a mechanism to opt- out of said fee, dedicate the use of the exemption fee to development of a drought-resistant water supply, and authorize the City Manager to execute a standard form agreement with customers who request a City commitment regarding use of the fee; effective October 1, 2018; and providing for penalties. Whereas, a committee of large volume industrial customers determined that the value of their industrial processes creates a need to provide a water supply that will be resistant to drought despite future increases in industrial demand; Whereas, said committee desires to simultaneously incentivize the City to obtain said drought resistant water supply while avoiding the vagaries of a drought surcharge that will occasionally and unpredictably increase their cost of water by paying a flat-rate fee that will pay for part of the cost of future drought-resistant water supplies; Whereas, said fee will be placed in a dedicated fund with mechanisms to protect it from diversion into unintended uses; and Whereas, curtailment due to shortage shall result in distribution of water pro rata in a manner directed by Texas Water Code § 11.039. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Corpus Christi Code of Ordinances is amended to modify Subsection (a) of Section 55-150 to read as follows: Sec. 55-150. - Scope, purpose, authorization, and definitions. (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan approved on May 28, 2013 and the Drought Contingency Plan 201 7Revised 2018 edition, datedapproved January 30, 2018, as amended by ordinance, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. Section 2. The Corpus Christi Code of Ordinances is amended to modify Section 55-154 to read as follows: Sec. 55-154. - Surcharges for reservoir system stages 2, 3 and 4, and service measures. (a) General. (1) The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The city council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this z community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. (2) This section, and the surcharges and measures adopted herein are an exercise of the city's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. (3) With city council approval, the city manager or designee is authorized to determine trigger points and surcharges during Stages 2, 3 and 4 emergency water shortage conditions. (4) In this section, institutional customer means city utility customer which operates as a not-for-profit entity. (5) A customer may appeal an allocation or drought surcharge triggering point established under this section to the director of water operations or his designee on grounds of unnecessary hardship through the process outlined in section 55-155. (6) Reservoir system surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the water department as reflected in the city operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to city council for city council direction. (b) Residential water customers, who are not billed through a master water meter. (1) A monthly base amount of three thousand (3,000) gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. (2) Above the three thousand (3,000) gallon monthly consumption trigger point, with city council approval, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. (1) Once Stage 1 condition has been declared, property managers of multi-tenant units shall notify the city director of water operations of number of residential units in their facility for determination of allocations. Until so notified, the city shall calculate the allocation based on two (2) residential units per master water meter. A monthly base amount of three thousand (3,000) gallons shall be established as a trigger point for each residential unit. (2) When consumption for the month is less than or equal to three thousand (3,000)gallons times the number of residential units, there will be no surcharge. (3) With city council approval, when consumption is above the three thousand (3,000) gallons times the number of units, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (d) Commercial or institutional customer. (1) A monthly water usage allocation shall be established by the city manager or designee for each commercial or institutional customer. (2) Method of establishing allocation: a. When the combined reservoir capacity is less than twenty (20) per cent of total capacity (Stage 3), the commercial or institutional customer's allocation shall be ninety (90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 1 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, ninety (90) per cent of whose monthly usage is less than six thousand (6,000) gallons, shall be allocated six thousand (6,000) gallons. 3 d. The city manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the city' utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager: 1. If one (1) nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or 2. If other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use less than 100,000,gallons of waterep r day for processing. (1) A monthly water usage allocation shall be established by the city manager or designee for each a44 industrial customer, which uses less than 100,000 gallons of waterep r day for processing (e.g., an industrial customer). (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less than twenty (20) percent of total capacity (Stage 3), the industrial customer allocation shall be ninety (90) percent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 1 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly allocation shall be one-twelfth of ninety (90) percent of the customer's maximum annual contracted amount until twelve (12) months of billing history are established. Hewever However, if the industrial customer does not have a water contract and does not have at least twelve (12) months of billing history, then the new industrial customer will provide data regarding expected water use and city will determine allocation based on ninety(90) percent of expected use to determine initial allocation until twelve (12) months of billing history are established. c. The city manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the city utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. 4 (f) Commercial customers, institutional customers, and industrial customers who use less than 100,000 gallons of water per day for processing shall pay the following reservoir system surcharges: (1) Customers whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons per month: a. Five dollars ($5.00) per one thousand (1,000) gallons for the first one thousand (1,000) gallons over allocation. b. Eight dollars ($8.00) per one thousand (1,000) gallons for the second one thousand (1,000) gallons over allocation. c. Sixteen dollars ($16.00) per one thousand (1,000)gallons for the third one thousand (1,000) gallons over allocation. d. Forty dollars ($40.00) for each additional one thousand (1,000) gallons over allocation. (2) Customers whose allocation is twenty-one thousand (21,000)gallons per month or more: a. One (1) times the block rate for each one thousand (1,000) gallons in excess of the allocation up through five (5) percent above allocation. b. Three (3) times the block rate for each one thousand (1,000) gallons from five (5) per cent through ten (10) percent above allocation. c. Five (5)times the block rate for each one thousand (1,000) gallons from ten (10) per cent through fifteen (15) percent above allocation. d. Ten (10) times the block rate for each one thousand (1,000) gallons more than fifteen (15) percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons at the regular water rate schedule at the level of the customer's allocation. (g) Industrial customers, who use 100,000 gallons or more of water per day for processing. (1) A monthly water usage allocation shall be established by the city manager or designee for each industrial customer, which uses water for processing (e.g., an industrial customer). (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less than thirty(30)percent of total capacity(Stage 2),the industrial customer allocation shall be eighty (80) percent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 1 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly allocation shall be one-twelfth of eighty (80) percent of the customer's maximum annual contracted amount until twelve (12) months of billing history are established. However, if the industrial customer does not have a water contract and does not have at least twelve (12) months of billing history, then the new industrial customer will provide data regarding expected water use and city will determine allocation based on eighty (80) percent of expected use to determine initial allocation until twelve (12) months of billing history are established. c. The city manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the city utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager, if: 5 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (h) Industrial customers using 100,000 gallons or more of water per day for processing shall pay the following drought surcharges: (1) Customers whose allocation is Eighty thousand (80,000) gallons per month or more: a. Three (3) times the block rate for each one thousand (1,000) gallons in excess of the allocation up through five (5) percent above allocation. b. Six (6) times the block rate for each one thousand (1,000) gallons from five (5) per cent through ten (10) percent above allocation. c. Nine (9) times the block rate for each one thousand (1,000) gallons from ten (10) per cent through fifteen 0 5) percent above allocation. d. Twelve 0 2) times the block rate for each one thousand (1,000) gallons more than fifteen 0 5) percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons at the regular water rate schedule at the level of the customer's allocation. (ig) Nonresidential customer is billed from a master meter. (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the city). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the city) to the extent reasonable and practical under the circumstances. (i#) For residential customers, the following measures come into effect after city council approves a drought rate surcharge; for nonresidential customers, these measures come into effect at Stage 3. Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds trigger point by four thousand (4,000) gallons or more two (2) or more times (which need not be consecutive months). (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds trigger point by four thousand (4,000) gallons times the number of dwelling units or more two (2) or more times (which need not be consecutive months). 6 (3) Monthly nonresidential water usage for a customer whose allocation is six thousand (6,000)gallons through twenty thousand (20,000)gallons exceeds its allocation by seven thousand (7,000) gallons or more two (2) or more times (which need not be consecutive months). (4) Monthly nonresidential water usage for a customer whose allocation is twenty-one thousand (21,000) gallons or more exceeds its allocation by fifteen (15) percent or more two (2) or more times (which need not be consecutive months). (5) For residential customers and nonresidential customers, after the first disconnection, water service shall be restored upon request for a fee of fifty dollars ($50.00). (6) For such customers, after the second disconnection, water service shall be restored within twenty-four (24) hours of the request for a fee of five hundred dollars ($500.00). (7) If water service is disconnected a third time for such customer, water service shall not be restored until the city re-enters a level of water conservation less than Stage 2. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. (8) The city manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any- (L4) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: (1) The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). (2) A sworn statement may be required of the customer. (3) This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. & When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the city's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is thirty (30) days, but a variance of two (2) days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. Section 3. Article XII of Chapter 55 of the Corpus Christi Code of Ordinances is amended to add new Section 55-159.1, to read as follows: "Sec. 55-159.1 — Non-mandatory Drought Surcharge Exemption Fee. (a) Establishment of non-mandatory "Drought Surcharge Exemption Fee" effective October 1, 2018. 7 Large-volume industrial customers' may voluntarily pay a non-mandatory and non- refundable "Drought Surcharge Exemption fee" or "Fee" of $0.25 per 1,000 gallons of water per month to be exempt from the applicable allocation surcharges of City Code Section 55-154 during the month of billing. The City will begin to charge the Fee as of October 1, 2018 to all large-volume industrial customers. The Fee will be charged with the large-volume industrial customer's regular monthly water bill which is due as stated on the bill. By payment of the Fee, the large-volume industrial customer has determined that the Fee is fair, must, and reasonable. (b) Notice of Opt-out-. A large-volume industrial customer may opt out of the Drought Surcharge Exemption fee (or "Fee") by providing written notice to the City Manager. A large-volume industrial customer is deemed to have opted out of the Fee as of the date payment of the Fee remains delinquent after notice and opportunity to cure. A large-volume industrial customer who has opted out of said Fee is subject to aforementioned allocation surcharges of City Code Section 55-154 in addition to compliance with all applicable City ordinances. (c) Request to opt back into the Drought Surcharge Exemption fee or"Fee". There is no right nor entitlement to opt back into the Fee. The City Manager or designee retains sole discretion to determine whether granting large-volume industrial customer's request to opt back into the Fee is in the best interest of the city. At a minimum, the large-volume industrial customer will be required to comply with the following mandatory conditions. 1. The large-volume industrial customer must submit a written request to the City Manager to request to opt back into the Drought Surcharge Exemption fee subject to City Manager review. 2. Upon receipt of invoice, the large-volume industrial customer must timely pay the Drought Surcharge Exemption fees calculated on said customer's actual water usage from date of City's receipt of written request back to said customer's date of opt out, up to a maximum of 10 years. 3. The large-volume industrial customer remains subject to compliance with the aforementioned allocation surcharge provisions of the City Code as may be amended and all other applicable ordinances, rules and regulations of the City for the mandatory reinstatement period of 24 months. The mandatory reinstatement period begins upon date of notice from the City to said customer and continues for 24 consecutive calendar months. During the reinstatement period, the large-volume industrial customer will timely Pay a non-refundable reinstatement fee of $0.25 per 1,000 gallons of water upon receipt of invoice. By payment of said reinstatement fee, the large-volume industrial customer has determined that the fee is fair, must, and reasonable. 1 For purposes of this Section 55-159.1 the term "large-volume industrial customer" shall mean a utility customer who uses water in minimum quantity of 100,000 gallons a day in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including the development of power by means other than hydroelectric, but does not include agricultural use. 8 4. Despite compliance with these conditions, the large-volume industrial customer will not be allowed to opt back into the Fee when the combined storage level of the Choke Canyon Reservoir and Lake Corpus Christi declines below 40%. (d) Dedicated use of the Drought Surcharge Exemption fees. 1. The Fee shall be dedicated by the City for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. 2. The Fee paid to the City will be reserved in a separate account ("Account") and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital project. 3. The City Manager may execute documents necessary for the establishment of a dedicated fund. (e) Review and adjustment of the Drought surcharge exemption fee. The Fee shall be reviewed and adjusted by City Council action no more frequently than every 5 years. Any subsequent Fee increase is limited to increases based upon changes to the following Consumer Price Index: CPI-All Urban Consumers (Current Series) for Water and sewer and trash collection services in U.S. City average, all urban consumers. (f) Participation by wholesale water suppliers. A wholesale water supplier with a water supply contract with the City may choose to establish an identical voluntary Drought Surcharge Exemption Fee and standard agreement for its large-volume industrial customers with said Fee and agreement to be equivalent to the ordinance and standard agreement adopted by the City of Corpus Christi. Upon adoption of said identical voluntary Drought Surcharge Exemption Fee and standard agreement for its large-volume industrial customers, the wholesale water supplier shall assess and collect the Fees from its large-volume industrial customers and then remit said Fees to the City. In addition, the wholesale water supplier shall notify the City Manager or designee of the volume of water used by its large-volume industrial customers each month. (g) The City Manager may execute letters of commitment and standard agreements regarding Payment and use of Drought Surcharge Exemption Fee with terms consistent with this Section 55-159.1 (each, an "Agreement"). The Agreement may be terminated by the City upon five years' notice to terminate the Agreement. A copy of the standard agreement is attached as an Exhibit to the Ordinance which enacted this Section 55-159.1. The City Manager is authorized to adjust the terms of the standard agreement as long as said adjustments are consistent with the terms of this Section 55-159.1 and said adjustment is made available to all large-volume industrial customers participating in the Drought Surcharge Exemption Fee. (h) The Drought Surcharge Exemption Fee established by this Section 55-159.1 continues to be billed and paid except during periods when the balance in the Account exceeds $150,000,000, to be adjusted annually for inflation by the following Consumer Price Index: CPI-All Urban Consumers (Current Series) for Water and sewer and trash collection services in U.S. City average, all urban consumers. While balance exceeds $150,000,000 the City will cease billing and collection of the Fee and the large-volume industrial customer remains exempt from the allocation surcharges. 9 (i). The City may repeal this Section 55-159.1 upon at least five years' notice to the then participating large-volume industrial customers and participating wholesale water suppliers. (i) Upon City's repeal of this Section 55-159.1 or City's termination of the Agreement, any unencumbered balance remaining in the Account will be returned to the then-participating large- volume industrial customers and then-participating wholesale water suppliers on a pro-rata basis. (k) The large-volume industrial customer paying the Drought Surcharge Exemption Fee established by this Section 159.1 is exempt from City curtailment of water during Reservoir System Stages 1, 2, and 3, except when such curtailment is required by Texas Water Code Section 11.039 or required by other applicable state laws and state regulations." Section 4. The Drought Contingency Plan adopted by Ordinance No. 029846, as amended by Ordinance 030545, 031160, and Ordinance 031355 is hereby amended to reflect these changes, and the amended Drought Plan be filed of record with the City Secretary's Office. City staff is directed to submit the amended Drought Contingency Plan to the Texas Commission on Environmental Quality and the Texas Water Development Board and as required by law. Section 5. Staff is directed to submit a copy of the approved ordinance to the wholesale water customers. Section 6. Publication and Effective Date. This ordinance shall be published in a newspaper of general circulation. The changes enacted by this ordinance take effect on October 1, 2018. Section 7. Severability. It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. Section 8. Penalties. Violations of this Ordinance shall be enforced pursuant to City Code of Ordinances Section 55-156. Section 9. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. 10 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 11 EXHIBIT A - STANDARD FORM AGREEMENT REGARDING PAYMENT AND USE OF NOW MANDATORY DROUGHT ALLOCATION SURCHARGE EXEMPTION FEE STATE OF TEXAS § COUNTY OF NUECES § Whereas, the City of Corpus Christi adopted Ordinance No._which amended Article XII Water Resource Management of Chapter 55 of the City Code of Ordinances (the "Code") by adding new Section 55-159.1, "Non-mandatory Drought Surcharge Exemption Fee", a copy of which is attached as Exhibit A, and referred to herein as "the Ordinance"; Whereas, the Ordinance established the initial Drought Surcharge Exemption Fee of $0.25 per 1,000 gallons for industrial customers effective October 1, 2018, herein the ""Drought Surcharge Exemption Fee" or"the Fee"; Whereas, the Ordinance further provides that large-volume industrial customers who pay the non-mandatory Fee are exempt from the applicable water allocation surcharges of City Code Section 55-154; Whereas, the Ordinance further provides that large- volume industrial customers may opt-out of the Drought Surcharge Exemption Fee by providing written notice to the City Manager; Whereas, large-volume industrial customers who opt out of the Fee will be subject to the allocation surcharge of City Code of Ordinances Section 55-154 as amended; Whereas, the Ordinance further provides that the Fees shall be dedicated for development of a drought-resistant water supply; Whereas, the Ordinance further provides that the City Manager may execute documents necessary to establish the dedicated fund; and Whereas, the Ordinance further provides that the Drought Surcharge Exemption Fee may be adjusted no more frequently than every 5 years by City Council; NOW, THEREFORE, THIS AGREEMENT is made and entered into by and between, ("Company"), whose address is , and the City of Corpus Christi, Texas ("City"), a home rule city and municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: 1. The parties find and agree that the foregoing statements included in the preamble of this Agreement are true and correct and adopt such findings for all intents and purposes related to this Agreement. 2. Company is a large-volume industrial customer of the City. For purposes of this agreement, the term "large-volume industrial customer" or "industrial customer' means: a City utility account customer that uses water in quantity of at least 100,000 gallons a day in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including the development of power by means other than hydroelectric, but does not include agricultural use. 12 3. During the term of this Agreement and subject to the opt-out provisions detailed below, the City agrees to bill Company the Drought Surcharge Exemption Fee ("Fee") of$0.25 per 1,000 gallons per month as adjusted for consumer price index described in Ordinance No. in addition to the regular City rates for Company's water use. The City acknowledges that by Company's timely payment of said Fee, the Company is exempt from the City's water allocation surcharge of City Code Section 55-154 for the month of billing. However, this Agreement does not prevent the City from allocating water supply in the event of an emergency water shortage condition as defined by TCEQ regulations or by City Ordinance 031355, or as may be required by Texas Water Code Section 11.039 or required by any other State laws and regulations. 4. During the term of this Agreement and subject to the opt-out provisions detailed below, the Company agrees to timely pay the Fee established by City Ordinance. Company agrees that the Fee is a non-mandatory and nonrefundable fee. Company agrees that said fee is fair, just and reasonable. Company agrees that Company shall not subject the City to any legal challenge of said Fee or of Ordinance No. , but this sentence will not affect any legal challenge by Company based on the City's failure to comply with the terms of this Agreement. 5. During the term of this Agreement and subject to the opt-out provisions detailed below, the City agrees that the Fee shall continue be billed and paid each month except during periods when the balance exceeds $150,000,000 to be adjusted annually for inflation by the following Consumer Price Index: CPI-All Urban Consumers (Current Series)for Water and sewer and trash collection services in U.S. City average, all urban consumers, or until the Ordinance is repealed, whichever occurs first. 6. The City agrees that the Fee paid by Company shall be deposited by City into a dedicated account(or"the Fund") to be used by City solely to develop capital projects for a drought-resistant water supply or supplies. The City agrees that the Fee will not be used for non-capital projects such as studies that compare alternate water sources. For purposes of this Agreement, the term "capital project' is a capital project as determined by general accepted accounting principles. The Fee paid to the City may be used by the City to pay debt for an allowable capital project. 7. Company acknowledges that Company may opt out of the Fee by providing written opt- out notice to the City Manager. Company acknowledges that once Company opts out of said Fee, then Company again becomes subject to the City's water allocation surcharge of City Code Section 55-154. 8. If the Company fails to timely pay the Fee when due, then the City shall provide Company notice and 30 days' opportunity to cure the payment default. Upon expiration of the 30 day notice period without Company curing the default, the Company will be deemed to have opted out of the Fee and immediately again becomes subject to the water allocation surcharges of the City Code. 9. Company further acknowledges that once Company has opted out of said Fee, then Company may request to opt back into the Fee subject to compliance with City ordinance and the following minimum conditions: • There is no right nor entitlement to opt back into the Fee. The City Manager or designee retains sole discretion to determine whether granting request to opt back into the Fee is in the best interest of the city. • The customer must submit a written request to the City Manager to request to opt back into the Drought Surcharge Exemption Fee subject to City Manager review. • Upon receipt of invoice, (which may be sent in the event the City Manager or designee grants the request to opt back into the Fee) the customer must timely pay the Drought Surcharge Exemption fees calculated on customer's actual water usage from date of 13 City's receipt of written request back to customer's date of opt out, up to a maximum of 10 years. ® The customer remains subject to compliance with the aforementioned allocation surcharge provisions of the City Code as may be amended and all other applicable ordinances, rules and regulations of the City for the mandatory reinstatement period of 24 months. The mandatory reinstatement period begins upon date of notice from the City to the customer of the approval of the request to opt in and continues for 24 consecutive calendar months. During the 24-month reinstatement period,the customer must timely pay a non-refundable reinstatement fee of$0.25 per 1,000 gallons of water consumed during the reinstatement period, upon receipt of invoice. By payment of said reinstatement fee, the Company has determined that the fee is fair,just and reasonable. Despite compliance with these conditions, the customer will not be allowed to opt back into the Fee when the combined storage level of the Choke Canyon Reservoir and Lake Corpus Christi declines below 40%. 10. The Fee shall not be increased for initial five years from effective date of the Ordinance. Thereafter, the Fee shall not be increased by more than the percentage increase in the U.S. Consumer Price Index-All Urban Consumers (Current Series) for Water and sewer and trash collection services U.S. City average, all urban consumers since the effective date of the Ordinance. 11. The parties acknowledge that all customers within the same rate class must receive the same rates. Therefore, if the City enters into an agreement with another similarly classified industrial customer regarding the payment and use of the Drought Surcharge Exemption Fee and the agreement contains terms more favorable than those in this Agreement, then Company and its assigns shall have the right to amend this Agreement to contain the more favorable terms and provisions. 12. The parties agree that if any court or administrative body with final jurisdiction declares the Fee or Ordinance invalid, then the parties agree that this Agreement shall be terminated and any unencumbered balance remaining in the Fund shall be returned to the then-participating industrial customers and then-participating wholesale water suppliers on a pro-rata basis based on amounts of Fees paid by each such customer. 13. This Agreement is subject to the laws of the State of Texas. Any dispute regarding the City's performance under this Agreement shall be brought in the courts of Nueces County Texas after notice and reasonable opportunity to cure. Company may assign this Agreement upon written consent of the City which consent shall not be unreasonably withheld. 14. Notices regarding this Agreement shall be sent to the parties at the addresses reflected herein, as may be modified by written notice. Notices to the City shall be addressed to attention of the City Manager with copy to the City Attorney. Notices are deemed received three business days' following mail via regular U.S. mail, certified U.S. mail, or via overnight mail courier service. 15. This Agreement takes effect upon date of last signature. 16. The City will cease billing and collection of the Drought Surcharge Exemption Fee during periods when the balance of the Fund exceeds $150,000,000. The Company continues to be exempt from the allocation surcharges of the City Code 55-154 as long as the balance of the Fund exceeds $150,000,000 until this Agreement is terminated. 14 17. This Agreement continues in effect unless terminated by mutual agreement of the parties, or until Company issues notices to opt out of the Fee, or until terminated as otherwise provided herein. 18. This Agreement may also be terminated upon City Council adoption of an ordinance to terminate this Agreement effective upon five years' notice to Company, or by adoption of an ordinance to terminate collection of the Drought Surcharge Exemption Fee upon five years' notice to the then participating large volume industrial customers. Upon effective date of termination of this Agreement as described in the preceding sentence, any unencumbered balance remaining in the Fund shall be returned to the then-participating wholesale water suppliers and then-particip ating large-volume industrial customers on pro-rata basis and the Company is subject to the allocation surcharges of City Code 55-154 as amended. AGREED TO BY: COMPANY: By: Name: Title: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of 2018, by as the for Company on behalf of said Company. Notary Public, State of Texas CITY OF CORPUS CHRISTI: By: Name: Title: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of 2018, by I , , of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2018. Assistant City Attorney for the City Attorney Drought Contingency Plan 1. Introduction This document is the Drought Contingency Plan (DCP) for the City of Corpus Christi (City). This DCP was created so that the City can cut back demand when supplies are low so the residents have enough water to make it through a drought. This DCP clearly explains the triggers initiated by a drought and the steps to be taken during each stage of a drought. There is also information in this DCP which explains the steps to be taken in a water emergency, such as when supplies are cut off or contaminated. This DCP is different from the Water Conservation Plan (WCP) because it only takes effect when there are drought conditions. The WCP is a year-round guide, regardless of the drought conditions, and contains several regular best management practices. The DCP has been prepared in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.20 for Municipal Uses by Public Water Suppliers. Since the City serves wholesale water customers, a Drought Contingency Plan for Wholesale Water Suppliers has also been included in Section 16 in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.22. 2. Declaration of Policy and Reason In order to conserve the available water supply, to protect the integrity of water supply facilities with particular regard for domestic water use, sanitation, and fire protection, to protect and preserve public health, welfare, and safety, and to minimize the adverse impacts of water- supply shortage or other water-supply emergency conditions, the City hereby adopts the following regulations and restrictions on the delivery and consumptions of water. The Water Resource Management Ordinance which gives the City the authority to regulate and enforce this DCP is included as a supporting document. Water uses regulated or prohibited under this DCP are considered to be non-essential, and continuation of such uses during times of water shortage or other emergency water-supply conditions are deemed to constitute a waste of water, which subjects the offender(s) to penalties as defined in Section 13 of this DCP. Since the City first started supplying its residents with water in the 1890s, the region has experienced several periods of drought. Over the years, supplies have been added and conservation measures have been strengthened to ensure water security for the residents and businesses of the region. However, with the variability of weather patterns in South Texas and a continually growing population, it is critical that the City plans for future drought conditions. Currently, the City's water supply system is comprised of four reservoirs: Lake Corpus Christi, Choke Canyon Reservoir, Lake Texana and Colorado River. However, the criteria to trigger reservoir system stages are based on the combined capacity of Lake Corpus Christi and Choke 1 1Page Canyon Reservoir. (See Section 8). Since Choke Canyon Reservoir filled in June 1987, the combined storage of Choke Canyon Reservoir and Lake Corpus Christi has exceeded 60% capacity only about 62% of the time. The water storage levels in Choke Canyon Reservoir and Lake Corpus Christi have generally been 2-4% higher since Lake Texana supplies were added in October 1998. Because of the frequency of drought in South Texas, the following DCP has been developed. This DCP adopts measures that will dramatically cut water consumption in order to conserve water supplies. 3. Public Education A public meeting to receive comments on the DCP was held at the City Council regular meeting on July 17, E 2018 and was adopted by ordinance on October 1,Fehr,lary 2018. The City will periodically provide the public with information about the DCP, including information about the conditions under which each stage of the DCP is to be initiated or terminated, and the drought response measures to be implemented in each stage. This information will be provided by utility bill inserts, notices in the Corpus Christi Caller-Times, and notice on the City's website (www.cctexas.com). Notification to the public about when reservoir system stages go into effect or when restrictions are lifted is explained in more detail in Section 9. 4. Coordination with Regional Water Planning Groups The service area of the City of Corpus Christi is located within the Coastal Bend Regional Water Planning Area (Region N) and the City has provided a copy of this DCP to Region N in care of the N ueces River Authority. The City of Corpus Christi shall review and update, as appropriate, the DCP at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 5. Authorization The City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of the DCP upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency responses as described in this DCP. However, the City Manager, in the exercise of the City Manager's discretion, may initiate 21 Page or terminate any stage when the City Manager deems necessary at any particular time. The City Manager shall notify the members of the City Council before implementing any measures. 6. Application The provisions of this DCP shall apply to all persons, customers, and property utilizing water provided by the City of Corpus Christi. The terms "person" and "customer" as used in the DCP include individuals, corporations, partnerships, associations, and all other legal entities. 7. Definitions For the purposes of this Chapter in this DCP, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial, non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Contract (end-user) water customers: a private entity that has a contract with the City to receive raw or treated water supplies for its sole use (i.e. does not resell to other users). Customer: any person, company, or organization using water supplied by the City of Corpus Christi and paying a retail water bill. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and use. Institutional water use: the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison, or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way, and medians. 31 Page Non-essential water use: water uses that are not essential or not required for the protection of public, health, safety, and welfare, including: • irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this DCP; • use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle; • use of water to wash down any impervious cover including sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; • use of water to wash down buildings or structures for purposes other than immediate fire protection or health reasons; • flushing gutters or permitting water to run or accumulate in any gutter or street; • use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools; • use of water in an aesthetic feature including fountain or pond except where necessary to support aquatic life; • failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak; and • use of water from hydrants for construction purposes or any other purposes other than fire fighting or flushing needed to maintain chlorination levels and protect public health. Reservoir Capacity: the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, as measured in percentage of the full combined volume. Wholesale customers: any public or private utility that has a contract with the City to receive raw or treated water supplies and authority (through contracts) to resell this water to other users. 8. Criteria for Initiation and Termination of Reservoir System Stages The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the DCP, that is, when the specified "triggers" are reached. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any time. This section explains the triggers of each stage. Best management practices and water use restrictions for each reservoir system stage are described in Section 10. The triggering criterion to be monitored for determining reservoir system response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, based on the TCEQ 2001 Agreed Order (amended April 17, 2001) relating to inflows into Nueces Bay and Estuary. The full Agreed Order is in the Appendix. 41 Page 8.1. Stage 1 — Mild Water Shortage Watch Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses described in Section 10 when the combined storage level declines to below 40 percent. Requirement for termination —Stage 1 of the DCP may be rescinded when the combined storage level increases above 50 percent. 8.2. Stage 2— Moderate Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 2 of this DCP when the combined storage levels declines to below 30 percent. Requirement for termination —Stage 2 of the DCP may be rescinded when the combined storage level increases above 40 percent for a period. Upon termination of Stage 2, Stage 1 becomes operative. 8.3. Stage 3—Critical Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 3 of the DCP when the combined storage levels declines to below 20 percent. Requirement for termination —Stage 3 of the DCP may be rescinded when the combined storage level increases above 30 percent. Upon termination of Stage 3, Stage 2 becomes operative. 8.4. Stage 4— Emergency Water Shortage Condition Requirements for initiation — Customers shall be required to comply with requirements and restrictions for Stage 4 of this DCP when the City Manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or man-made contamination of the water supply source occurs. Requirement for termination —The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. 51 Page 9. Reservoir System Stages Response Notification The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in Section 8 of this Chapter, shall determine that a mild, moderate, severe, critical, or emergency water shortage condition exists and shall implement the following notification procedures. Notification of the Public: The City Manager, or designee, shall notify the public for every change in drought stage status by any or all of the following: • City's website (www.cctexas.com) • Publication in the Corpus Christi Caller-Times • Notice on the monthly billing • Public Service Announcements • Signs posted in public places Additional Notification: The City Manager, or designee shall, at a minimum, notify directly, or cause to be notified directly, the following individuals and entities for every change in drought stage status: • Mayor and members of the City Council • Fire Chief • City and/or County Emergency Management Coordinator • County Judge and Commissioner(s) • Major water users (such as industries) • Critical water users (such as hospitals) • Parks/street superintendents and public facilities managers • Texas Commission on Environmental Quality (TCEQ) — note TCEQ executive director MUST be informed within five (5) business days of mandatory water use restrictions being imposed 10. Reservoir System, Best Management Practices per Stage A summary of water use reduction targets for each reservoir system stage response is presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is included below. During Stages 2, 3, and 4, requests for exceptions may be presented to the Executive Director of Utilities or designee. 61 Page Reservoir System CCR/LCC Combined Target Demand Stage Response Reservoir Storage Level Reduction Levels Stage 1- Mild <40% 10% Stage 2- Moderate <30% 204-5% Stage 3- Critical <20% 30% Sta e 4- Emergency Not Applicable 50% 10.1. Stage 1 Response— Mild Water Shortage Watch Target: During Stage 1, achieve a 10% reduction in daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: Under Stage 1, the City will: • Use more repair crews if necessary to allow for a quicker response time for water-line leak repair; and • City crews (Water and other departments) begin monitoring customers' compliance with Stage 1 restrictions during the course of their daily rounds. Water Use Restrictions for Demand Reduction Under threat of penalty for violation, the following water use restrictions shall apply to all persons during Stage 1: a) Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Section 9. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the City Utilities Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Utilities Department. 71 Page c) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure, the facility shall not be subject to these regulations. d) The use of water to maintain integrity of building foundations is limited to designated watering days and is only permitted by use of hand-held hose or drip irrigation. 10.2. Stage 2 Response— Moderate Water Shortage Conditions Target: During Stage 2, achieve a 204-&% reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 1, the City will also do the following during Stage 2: • Eliminate the flushing of water mains unless required for decontamination and/or public safety; and • Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. Water Use Restrictions for Demand Reduction: All requirements of Stage 1 shall remain in effect during Stage 2 except as modified below: a) Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the City Utilities Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi 81 Page Utilities Department infrastructure or done by means of hand-held hoses, hand- held buckets, or drip irrigation. Optional Measures: During Stage 2, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10.3. Stage 3 Response—CRITICAL Water Shortage Conditions Target: During Stage 3, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 3 water shortage conditions to discourage discretionary water use, as described in Section 11 for retail customers and Section 16.10 for wholesale customers. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 2, the City will also do the following during Stage 3: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. Water Use Restrictions for Demand Reduction: All requirements of Stage 1 and 2 shall remain in effect during Stage 3 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash stations and not in the immediate interest of public health, safety, and welfare is prohibited. c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless non-city, alternative source) is prohibited. d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 2 watering day and shall be done by hand or drip irrigation method. e) All fountains shall only operate to circulate water in order to maintain equipment. 91 Page Optional Measures: During Stage 3, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this reservoir system response stage shall be in effect. b) For residential and multi-unit customers, a Reservoir System surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10.4. Stage 4 Response— EMERGENCY Water Shortage Conditions Target: During Stage 4, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 4 water shortage conditions, as described in Section 13. During emergency conditions such as system outage or supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the City Manager or designee. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager or designee's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 3, the City will also do the following: • Call the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. 101 Page Water Use Restrictions for Demand Reduction: During Stage 4, all requirements of Stage 1, 2, and 3 shall remain in effect except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c) Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. Optional Measure: During Stage 4, the following measure is an optional water use restriction that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi-unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 11. Surcharges for Reservoir System Stages 2 — 4 and Service Measures (a) General 1. The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. 2. This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. 3. With City Council approval, the City Manager is authorized to determine trigger points or allocations and surcharges during Stages 2, 3, and 4 Emergency Water Shortage conditions. 4. In this section, institutional customer means city utility customer which operates as a not-for-profit entity. 5. A customer may appeal an allocation or reservoir system surcharge triggering point established under this Section to the Executive Director of Utilities or designee on grounds of unnecessary hardship, through the process outlined in Section 12. 111 Page 6. Reservoir system surcharge funds will first be applied towards annual debt service as reflected in the City operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed through a master water meter. 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. 2. Above the 3,000 gallon consumption trigger point, with City Council Approval, a reservoir system surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. (c) Residential customers who are billed from a master water meter. 1. Once Stage 1 condition has been declared, property managers of multi- tenant units shall notify the City Executive Director of Utilities of the number of residential units in their facility for determination of allocations. Until so notified, the City shall calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 2. When consumption for the month is less than or equal to 3,000 gallons times the number of residential units, there will be no surcharge. 3. With City Council approval, when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. 4. The customer is responsible for passing the demand charge onto the tenant. (d) Commercial or institutional customer 1. A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. 2. Method of establishing allocation: a. When the combined reservoir capacity is less than 20% of total capacity (Stage 3), the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during previous 12 months prior to the implementation of Stage 2. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. 12 Page c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. d. The City Manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, (1) if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or (2) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use less than 100,000 gallons of waterep r da V for processing. 1®A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses less than 100,000 gallons of water for processing (e.g., an industrial customer). Method of establishing allocation. a. When the combined reservoir capacity is less than 20% of total capacity (Stage 3), the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 1 b. If the customer's billing history is shorter than 12 months, the monthly allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. c. The City Manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. 13 1 10age d. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (f) Commercial customers, institutional customers, and industrial customers who use less than 100,000 gallons of water per day for processing shall pay the following surcharges: 1. Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. d. $40.00 for each additional 1,000 gallons over allocation. 2. Customers whose allocation is 21,000 gallons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. 141 Page c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. (g) Industrial customers, who use 100,000 gallons or more of water per day for processing. 1. A monthly water usage allocation shall be established by the city manager or designee for each industrial customer, which uses water for processing (e.g., an industrial customer). 2. Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less than thirty (30) percent of total capacity (Stage 2), the industrial customer allocation shall be eighty (80) percent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 1 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly allocation shall be one-twelfth of eighty (80) percent of the customer's maximum annual contracted amount until twelve (12) months of billing history are established. However, if the industrial customer does not have a water contract and does not have at least twelve (12) months of billing history, then the new industrial customer will provide data regarding expected water use and city will determine allocation based on eighty (80) percent of expected use to determine initial allocation until twelve (12) months of billing history are established. c. The city manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the city utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager, if: 15 1Page 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (g) Industrial customers using 100,000 gallons or more of water per day for processing shall pay the following drought surcharges: (1) Customers whose allocation is Eighty thousand (80,000) gallons per month or more: a. Three (3) times the block rate for each one thousand (1,000) gallons in excess of the allocation up through five (5) percent above allocation. b. Six (6) times the block rate for each one thousand (1,000) gallons from five (5) per cent through ten 0 0) percent above allocation. c. Nine (9) times the block rate for each one thousand (1,000) gallons from ten 0 0) per cent through fifteen 0 5) percent above allocation. d. Twelve (12) times the block rate for each one thousand (1,000) gallons more than fifteen 0 5) percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons at the regular water rate schedule at the level of the customer's allocation. (i) Nonresidential customer is billed from a master meter. 1. When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this DCP to the tenants or occupants, provided that: 16 Page a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the City). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City) to the extent reasonable and practical under the circumstances. (j) Water service to the retail water customer may be terminated under the following conditions: 1. Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times for any individual month after the implementation of Stage 43. Also, the two months need not be consecutive months. 2. Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds allocation by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). 3. Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). 4. Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). 5. For residential customers and nonresidential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of$50. 6. For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of$500. 7. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 2. 171 Page 8. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. 9. For nonresidential customers whose allocation is 21,000 gallons per month or more: a. After the first disconnection water service shall be restored upon request for a fee in the amount of"X" in the following formula: X = $ 50 x Customer's Allocation in gallons / 20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 2. d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (k) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. (I) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. 1. The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. 18 Page 2. If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. 12. Requests for Exemptions and Variances (a) The Executive Director of Utilities or designee may, in writing, grant a temporary variance to any of the provisions for water users found in this DCP upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this Ordinance shall file request on City-provided application for exemption/variance with the City Utilities Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Executive Director of Utilities or designee, and shall include the following: 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this DCP. 5. Description of the exemption requested 6. Period of time for which the exemption is sought. 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this DCP and the compliance date. 8. Other pertinent information; or as required on permit application (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this DCP occurring prior to the issuance of the exemption/variance. (d) The Executive Director of Utilities or designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this DCP if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this DCP will result in unnecessary hardship, and so that the spirit of this DCP shall be observed and substantial justice done. 191 Page (e) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Executive Director of Utilities or designee for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (f). A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant City Manager shall be final. (g) Violations of any permit conditions may be enforced under Section 13. Non-mandatory Drought Surcharge Exemption Fee. Article XII of Chapter 55 of the Corpus Christi Code of Ordinances is amended to add new Section 55-159.1, to read as follows: (a) Establishment of non-mandatory "Drought Surcharge Exemption Fee" effective October 1, 2018. Large-volume industrial customers' may voluntarily pay a non-mandatory and non- refundable "Drought Surcharge Exemption fee" or "Fee" of$0.25 per 1,000 gallons of water per month to be exempt from the applicable allocation surcharges of City Code Section 55-154 during the month of billing. The City will begin to charge the Fee as of October 1, 2018 to all large-volume industrial customers. The Fee will be charged with the large-volume industrial customer's regular monthly water bill which is due as stated on the bill. By payment of the Fee, the large-volume industrial customer has determined that the Fee is fair, must, and reasonable. (b) Notice of Opt-out . A large-volume industrial customer may opt out of the Drought Surcharge Exemption fee (or "Fee") by providing written notice to the City Manager. A large-volume industrial customer is deemed to have opted out of the Fee as of the date payment of the Fee remains delinquent after notice and opportunity to cure. A large-volume industrial customer who has opted out of said Fee is subject to aforementioned allocation surcharges of City Code Section 55-154 in addition to compliance with all applicable City ordinances. 1 For purposes of this Section 55-159.1 the term "large-volume industrial customer" shall mean a utility customer who uses water in minimum quantity of 100,000 gallons a day in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including the development of power by means other than hydroelectric, but does not include agricultural use. 201 Page (c) Request to opt back into the Drought Surcharge Exemption fee or "Fee". There is no right nor entitlement to opt back into the Fee. The City Manager or designee retains sole discretion to determine whether granting large-volume industrial customer's request to opt back into the Fee is in the best interest of the city. At a minimum, the large-volume industrial customer will be required to comply with the following mandatory conditions. 1. The large-volume industrial customer must submit a written request to the City Manager to request to opt back into the Drought Surcharge Exemption fee subject to City Manager review. 2. Upon receipt of invoice, the large-volume industrial customer must timely pay the Drought Surcharge Exemption fees calculated on said customer's actual water usage from date of City's receipt of written request back to said customer's date of opt out, up to a maximum of 10 years. 3. The large-volume industrial customer remains subject to compliance with the aforementioned allocation surcharge provisions of the City Code as may be amended and all other applicable ordinances, rules and regulations of the City for the mandatory reinstatement period of 24 months. The mandatory reinstatement period begins upon date of notice from the City to said customer and continues for 24 consecutive calendar months. During the reinstatement period, the large-volume industrial customer will timely pay a non-refundable reinstatement fee of $0.25 per 1,000 gallons of water upon receipt of invoice. By payment of said reinstatement fee, the large-volume industrial customer has determined that the fee is fair, Must, and reasonable. 4. Despite compliance with these conditions, the large-volume industrial customer will not be allowed to opt back into the Fee when the combined storage level of the Choke Canyon Reservoir and Lake Corpus Christi declines below 40%. (d) Dedicated use of the Drought Surcharge Exemption fees. 1. The Fee shall be dedicated by the City for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. 2. The Fee paid to the City will be reserved in a separate account ("Account") and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including but not limited to, payment of debt for an allowable capital rp oject. 3. The City Manager may execute documents necessary for the establishment of a dedicated fund. (e) Review and adjustment of the Drought surcharge exemption fee. The Fee shall be reviewed and adjusted by City Council action no more frequently than every 5 years. Any subsequent Fee increase is limited to increases based upon changes to the following Consumer Price Index: CPI-All Urban Consumers (Current 211 Page Series) for Water and sewer and trash collection services in U.S. City average, all urban consumers. (f) Participation by wholesale water suppliers. A wholesale water supplier with a water supply contract with the City may choose to establish an identical voluntary Drought Surcharge Exemption Fee and standard agreement for its large-volume industrial customers with said Fee and agreement to be equivalent to the ordinance and standard agreement adopted by the City of Corpus Christi. Upon adoption of said identical voluntary Drought Surcharge Exemption Fee and standard agreement for its large-volume industrial customers, the wholesale water supplier shall assess and collect the Fees from its large-volume industrial customers and then remit said Fees to the City. In addition, the wholesale water supplier shall notify the City Manager or designee of the volume of water used by its large-volume industrial customers each month. (g) The City Manager may execute letters of commitment and standard agreements regarding payment and use of Drought Surcharge Exemption Fee with terms consistent with this Section 55-159.1 (each, an "Agreement"). The Agreement may be terminated by the City upon five years' notice to terminate the Agreement. A copy of the standard agreement is attached as an Exhibit to the Ordinance which enacted this Section 55- 159.1. The City Manager is authorized to adjust the terms of the standard agreement as long as said adjustments are consistent with the terms of this Section 55-159.1 and said adjustment is made available to all large-volume industrial customers participating in the Drought Surcharge Exemption Fee. (h) The Drought Surcharge Exemption Fee established by this Section 55-159.1 continues to be billed and paid except during periods when the balance in the Account exceeds $150,000,000, to be adjusted annually for inflation by the following Consumer Price Index: CPI-All Urban Consumers (Current Series) for Water and sewer and trash collection services in U.S. City average, all urban consumers. While balance exceeds $150,000,000 the City will cease billing and collection of the Fee and the large-volume industrial customer remains exempt from the allocation surcharges. (i). The City may repeal this Section 55-159.1 upon at least five years' notice to the then participating large-volume industrial customers and participating wholesale water suppliers. (i) Upon City's repeal of this Section 55-159.1 or City's termination of the Agreement, any unencumbered balance remaining in the Account will be returned to the then- participating large-volume industrial customers and then-participating wholesale water suppliers on a pro-rata basis. (k) The large-volume industrial customer paying the Drought Surcharge Exemption Fee established by this Section 159.1 is exempt from City curtailment of water during Reservoir System Stages 1, 2, and 3, except when such curtailment is required by Texas Water Code Section 11.039 or required by other applicable state laws and state regulations." 22 1 Page 13. Enforcement (a) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. 14. Variances A temporary variance for existing water uses otherwise prohibited under this DCP may be obtained through the process outlined in Section 12. 15. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this DCP are severable and, if any phrase, clause, sentence, paragraph, or section of this DCP shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this DCP, since the same would not have been enacted by the City without the incorporation into this DCP of any such unconstitutional phrase, clause, sentence, paragraph, or section. 23 1 Page 16. Wholesale Drought Contingency Plan 16.1 Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and/or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Corpus Christi (City) adopts the following Wholesale Drought Contingency Plan (the Plan). 16.2 Public and Wholesale Customer Involvement The public was invited to view and make comments on the Plan during the regular meeting of City Council on June 23, 2015 at City Hall. The Plan was adopted under the open meetings requirement of the TCEQ during the July 14, 2015 City Council meeting. Amendments to the Plan were adopted on February 8, 2018 following a public hearing during the regularly scheduled meeting of City Council on January 30, 2018. 16.3 Wholesale Water Customer Education The City will periodically provide wholesale customers with information about the Plan, including information about conditions under which each stage of the Plan is to be initiated or terminated and drought response measures to be implemented in each stage. This information will be distributed by providing a copy of the Plan to each wholesale water customer. 16.4 Coordination with Regional Water Planning Groups The water service area of City of Corpus Christi and its wholesale water customers is located within the Coastal Bend Planning Region (Region N) and the City has provided a copy of the Plan to Region N. The City of Corpus Christi shall review and update, as appropriate, the drought contingency plan at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 16.5 Authorization The City of Corpus Christi City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. Wholesale customers are subject to the plan under their contracts with the City. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. The City Manager shall notify the TCEQ within five (5) business days of any mandatory water use restrictions being enacted. 241 Page 16.6 Application The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. Every wholesale water contract entered into, renewed or modified after official adoption of this Plan (by either ordinance, resolution, or tariff) shall include language relating to the City of Corpus Christi Water Conservation Plan and Drought Contingency Plan, adopted under Ordinance Number 55-151 to impose similar restrictions, surcharges or rationing measures on their customers. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement outdoor watering restrictions similar to those of the City for each drought response stage. The City requires that any contract for the resale of water furnished to wholesale water contractors shall contain a similar condition. 16.7 Triggering Criteria for Initiation and Termination of Reservoir System Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Customer notification of the initiation or termination of reservoir system response stages will be made by email, mail, or telephone. The news media will also be informed by the City. The triggering criterion to be monitored for determining reservoir system response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. The combined storage levels selected are based on the TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary (amended April 17, 2001). See Appendix. The triggering criterions in this section are minimum standards for initiation and maximum standards for termination, and the City Manager, or designee, can initiate or terminate each stage when conditions warrant. (a)Stage 1 — MILD Water Shortage Watch Requirements for initiation —The City will recognize that a mild water shortage watch exists when the combined storage level declines below 40 percent. Requirement for termination — Stage 1 of the Plan may be rescinded when the combined storage level increases above 50 percent. The City will notify its wholesale customers and the media of the termination of Stage 1 in the same manner as the notification of initiation of Stage 1 of the Plan. (c)Stage 2— MODERATE Water Shortage Condition Requirements for initiation — The City will recognize that a moderate water shortage condition exists when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 2 of the Plan may be rescinded when the combined storage level increases above 40 percent. Upon termination of Stage 2, 25 1 ? age Stage 1 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 2. (d)Stage 3—CRITICAL Water Shortage Condition Requirements for initiation — The City will recognize that a critical water shortage condition exists when the combined storage levels declines to below 20 percent. Requirement for termination — Stage 3 of the Plan may be rescinded when the combined storage level increases above 30 percent. Upon termination of Stage 3, Stage 2 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 3. (e)Stage 4— EMERGENCY Water Shortage Condition Requirements for initiation — The City will recognize that an emergency water shortage condition exists when any of the following occur: i. A major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or ii. Water production or distribution system limitations; or iii. Natural or man-made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City of Corpus Christi City Manager, or designee, deems appropriate. The City will notify its wholesale customers and the media of the termination of emergency shortage condition in the same manner as the notification of initiation of Stage 1 of the Plan. 16.8 Reservoir System Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in Section 16.7, shall determine that mild, moderate, or critical water shortage conditions exist or that an emergency condition exists and shall implement best management practices accordingly. For water contracts between the City and wholesale customers with specific reductions based on stage, wholesale water customers are to implement measures to achieve water use reduction targets specified in the contract. For other contracts, required adoption of a Drought Contingency Plan should strive to achieve the water use reduction targets for each reservoir system stage response presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is described below. 26 1 "page Reservoir System Stage CCR/LCC Combined Target Demand Reduction Response Reservoir Storage Levels Level Stage 1- Mild <40% 10% Stage 2- Moderate <30% 204-5% Stage 3- Critical <20% 30% Stage 4- Emergency Not Applicable 50% Stage 1 — MILD Water Shortage Watch Target: Achieve a 10 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will initiate contact with wholesale water customers to discuss water supply and/or demand conditions and the possibility of pro rata curtailment of water diversions and/or deliveries. • The City of Corpus Christi City Manager, or designee, will request wholesale water customers to initiate mandatory measures to reduce non-essential water use (e.g. implement Stage 1 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 40 percent of its conservation pool volume, and that a Stage 1 Reservoir System Response level has been declared. The City will recommend that operators post information to the public regarding Stage 1 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. 271 Page Stage 2— MODERATE Water Shortage Conditions Target: Achieve a 2045 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g. implement Stage 2 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate preparations for the implementation of pro rata curtailment of water diversions and/or deliveries in accordance with Texas Water Code §11.039 by preparing a monthly water usage allocation baseline for each wholesale customer according to procedures specified in 16.9 of the Plan. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 30 percent of its conservation pool volume, and that a Stage 2 Reservoir System Response level has been declared. The City will recommend that operators post information to the public regarding Stage 2 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. 28 1 10age Stage 3 —CRITICAL Water Shortage Conditions Target: Achieve a 30 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from project gates. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non-potable purposes, etc. Water Use Restrictions for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g. implement Stage 3 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in Section 16.9 of the Plan in accordance with Texas Water Code §11.039. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 20 percent of its conservation pool volume, and that a Stage 3 Reservoir System Response level has been declared. The City will recommend that operators post information to the public regarding Stage 3 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 4— EMERGENCY Water Shortage Conditions Whenever emergency water shortage conditions exist as defined in Section 16.7 of the Plan, the City of Corpus Christi City Manager, or designee, shall: • Assess the severity of the problem and identify the actions needed and the time required to solve the problem. 291 Page • Inform the utility director or other responsible official of each wholesale water customer by telephone, email, or in person and suggest actions, as appropriate to alleviate problems (e.g., notification of the public to reduce water use until service is restored). • If appropriate, notify city, county, and/or state emergency response officials for assistance. • Undertake necessary actions, including repairs and/or clean-up as needed. • Prepare a post-event assessment report on the incident and critique of emergency response procedures and actions. 16.9 Pro Rata Water Allocation In the event that the triggering criteria specified in Section 16.7 of the Plan fey Stage 3 have Poon met the City of Corpus Christi City Manager, or designee, is hereby authorized to implement allocation of water supplies on a pro rata basis to raw water and treated wholesale customers in accordance with Texas Water Code §11.039. The initiation of pro rata allocation preparations shall begin during Stage 2. A provision will be included in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code §11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: 301 Page a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. 16.10 Pro Rata Surcharges and Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: • 2.0 times the normal water rate per unit in excess of the monthly allocation up through 5 percent above the monthly allocation. • 2.5 times the normal water rate in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. • 3.0 times the normal water rate in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. • 3.5 times the normal water rate more than 15 percent above the monthly allocation. 16.11 Variances The City Manager, or designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met: (1) Compliance with this Plan cannot be technically accomplished during the duration of this water supply shortage or other condition for which the Plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the City Manager within 5 days after pro rata allocation has been invoked. All petitions for variances shall be reviewed by the City Manager, or designee, and shall include the following: (1) Name and address of the petitioner(s). (2) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. 311 Page (3) Description of the relief requested. (4) Period of time for which the variance is sought (5) Alternative measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (6) Other pertinent information. Variances granted by the City shall be subject to the following conditions, unless waived or modified by the City. (1) Variances granted shall include a timetable for compliance with allocation requirements. (2) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. 16.12 Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16.13 Reservoir System Operating Plan Because all the wholesale customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Attachment C. 321 Page ATTACHMENT A -STANDARD FORM AGREEMENT REGARDING PAYMENT AND USE OF DROUGHT SURCHARGE EXEMPTION FEE STATE OF TEXAS § COUNTY OF NUECES § Whereas, the City of Corpus Christi adopted Ordinance No. which amended Section 55-50 of the City Code of Ordinances (the "Code") by adding new subsection (e), " Drought Surcharge Exemption Fee", a copy of which is attached as Exhibit A, and referred to herein as "the Ordinance", Whereas, the Ordinance established the initial Drought Surcharge Exemption Fee of $0.25 per 1,000 gallons for industrial customers effective October 1, 2018, herein the ""Drought Surcharge Exemption Fee" or "the Fee"; Whereas, the Ordinance further provides that industrial customers who pay the non- mandatory Fee are exempt from the applicable water allocation surcharges of City Code Section 55-154; Whereas, the Ordinance further provides that large volume industrial customers may opt- out of the Drought Surcharge Exemption Fee by providing written notice to the City Manager; Whereas, large volume industrial customers who opt out of the Fee will be subject to the allocation surcharge of City Code of Ordinances Section 55-154 as amended; Whereas, the Ordinance further provides that the Fees shall be dedicated for development of a drought-resistant water supply; Whereas, the Ordinance further provides that the City Manager may execute contracts and other documents necessary to establish the dedicated fund; and Whereas, the Ordinance further provides that the Drought Surcharge Exemption Fee may be adjusted no more frequently than every 5 years by City Council; NOW, THEREFORE, THIS AGREEMENT is made and entered into by and between, ("Company"), whose address is , and the City of Corpus Christi, Texas ("City"), a home rule city and municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401 , County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: 1. The parties find and agree that the foregoing statements included in the preamble of this Contract are true and correct and adopt such findings for all intents and purposes related to this Contract. 2. Company is a large-volume industrial customer of the City. For purposes of this agreement, the term "large-volume industrial customer" or "industrial customer" means: a City utility account customer that uses water in quantity of at least 100,000 gallons a day in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including the development of power by means other than hydroelectric, but does not include agricultural use. 3. During the term of this Agreement and subject to the opt-out provisions detailed below, the City agrees to bill Company the Drought Surcharge Exemption Fee of $0.25 per 1 ,000 gallons per month as adjusted for consumer price index described in Ordinance No. in addition to the regular City rates for Company's water use. The City acknowledges that by Company's timely payment of said Drought Surcharge Exemption Fee, the Company is exempt from the City's water allocation surcharge of City Code Section 55-154 for the month of billing. However, this Agreement does not prevent the City from allocating water supply in the event of an emergency water shortage condition as defined by TCEQ regulations or by City Ordinance 031355. 4. During the term of this Agreement and subject to the opt-out provisions detailed below, the Company agrees to timely pay the Drought Surcharge Exemption Fee established by City Ordinance. Company agrees that the Drought Surcharge Exemption Fee is a non-mandatory and nonrefundable fee. Company agrees that said fee is reasonable and fair. Company agrees that Company shall not subject the City to any legal challenge of said Drought Surcharge Exemption Fee or of Ordinance No. 5. During the term of this Agreement and subject to the opt-out provisions detailed below, the City agrees that the Drought Surcharge Exemptions Fees shall continue be billed and paid each month unless the balance exceeds $150,000,000 to be adjusted annually for inflation by the following Consumer Price Index: CPI-All Urban Consumers (Current Series) for Water and sewer and trash collection services in U.S. City average, all urban consumers, or until the Ordinance is repealed, whichever occurs first. 6. The City agrees that the Drought Surcharge Exemption Fees paid by Company shall be deposited by City into a dedicated account (or "the Fund") to be used by City solely to develop capital projects for a drought-resistant water supply or supplies. The City agrees that the Drought Surcharge Exemption Fees will not be used for non-capital projects such as studies that compare alternate water sources. For purposes of this Agreement, the term "capital project" is a capital project as determined by general accepted accounting principles. The Drought Surcharge Exemption Fees paid to the City may be used by the City to pay debt for an allowable capital project. 7. Company acknowledges that Company may opt out of the non-mandatory Drought Surcharge Exemption Fee (or "Fee") by providing written opt-out notice to the City Manager. Company acknowledges that once Company opts out of said Fee, then Company again becomes subject to the City's water allocation surcharge of City Code Section 55-154. 8. If the Company fails to timely pay the Fee when due, then the City shall provide Company notice and 30 days' opportunity to cure the payment default. Upon expiration of the 30 day notice period without Company curing the default, the Company will be deemed to have opted out of the Fee and immediately again becomes subject to the water allocation surcharges of the City Code. 9. Company further acknowledges that once Company has opted out of said Fee, then Company may request to opt back into the Fee subject to compliance with City ordinance and the following minimum conditions: There is no right nor entitlement to opt back into the Fee. The City Manager or designee retains sole discretion to determine whether granting request to opt back into the Fee is in the best interest of the city. The customer must submit a written request to the City Manager to request to opt back into the Drought Surcharge Exemption Fee subject to City Manager review. Upon receipt of invoice, (which may be sent in the event the City Manager or designee grants the request to opt back into the Fee) the customer must timely pay the Drought Surcharge Exemption fees calculated on customer's actual water usage from date of City's receipt of written request back to customer's date of opt out, up to a maximum of 10 years. The customer remains subject to compliance with the aforementioned allocation surcharge provisions of the City Code as may be amended and all other applicable ordinances, rules and regulations of the City for the mandatory reinstatement period of 24 months. The mandatory reinstatement period begins upon date of notice from the City to the customer of the approval of the request to opt in and continues for 24 consecutive calendar months. During the 24-month reinstatement period, the customer must timely pay a non-refundable reinstatement fee of $0.25 per 1,000 gallons of water consumed during the reinstatement period, upon receipt of invoice. By payment of said reinstatement fee, the Company has determined that the fee is fair, just and reasonable. Despite compliance with these conditions, the customer will not be allowed to opt back into the Fee when the combined storage level of the Choke Canyon Reservoir and Lake Corpus Christi declines below 40%. 10. The Fee shall not be increased for initial five years from effective date of the Ordinance. Thereafter, the Fee shall not be increased by more than the percentage increase in the U.S. Consumer Price Index-All Urban Consumers (Current Series) for Water and sewer and trash collection services U.S. City average, all urban consumers since the effective date of the Ordinance. 11. The parties acknowledge that all customers within the same rate class must receive the same rates. Therefore, if the City enters into an agreement with another similarly classified industrial customer regarding the payment and use of the Drought Surcharge Exemption Fee and the agreement contains terms more favorable than those in this Agreement, then Company and its assigns shall have the right to amend this Agreement to contain the more favorable terms and provisions. 12. The parties agree that if any court or administrative body with final jurisdiction declares the Fee or Ordinance invalid, then the parties agree that this Agreement shall be terminated and any unencumbered balance remaining in the Fund shall be returned to the then-participating industrial customers and then-participating wholesale water suppliers on a last-in, first-out basis based on amounts of Fee paid by each such customer. 13. This Agreement is subject to the laws of the State of Texas. Any dispute regarding the City's performance under this Agreement shall be brought in the courts of Nueces County Texas after notice and reasonable opportunity to cure. 14. Notices regarding this Agreement shall be sent to the parties at the addresses reflected herein, as may be modified by written notice. Notices to the City shall be addressed to attention of the City Manager with copy to the City Attorney. Notices are deemed received three business days' following mail via regular U.S. mail, certified U.S. mail, or via overnight mail courier service. 15. This Agreement takes effect upon date of last signature. 16. Once the balance of the Fund exceeds $150,000,000 the City will cease billing and collection of the Drought Surcharge Exemption Fee. The Company continues to be exempt from the allocation surcharges of City Code 55-154 as long as the balance of the Fund exceeds $150,000,000 until this Agreement is terminated. 17. This Agreement continues in effect unless terminated by mutual agreement of the parties, or until Company issues notices to opt out of the Fee, or until terminated as otherwise provided herein. 18. This Agreement may also be terminated upon City Council adoption of an ordinance to terminate this Agreement effective upon five years' notice to Company, or by adoption of an ordinance to terminate collection of the Drought Surcharge Exemption Fee upon five years' notice to the then participating large volume industrial customers. Upon effective date of termination of this Agreement as described in the preceding sentence, any unencumbered balance remaining in the Fund shall be returned to the then-participating wholesale water suppliers and then-participating large-volume industrial customers on a last-in, first-out basis and the Company is subject to the allocation surcharges of City Code 55-154 as amended. AGREED TO BY: COMPANY: BV: Name: Title: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of 2018, by as the for Company on behalf of said Company. Notary Public, State of Texas CITY OF CORPUS CHRISTI: By: Name: Title: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of 2018, by , of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of 12018. Assistant City Attorney for the City Attorney City of Corpus Christi Drought Contingency Plan and Ordinances Amendment Drought Surcharge Exemption Fee Council Presentation August 21, 2018 Drought Contingency Plan & Ordinance Amendment • Establish a non-mandatory drought surcharge exemption fee for large-volume industrial customers. • Increase the targeted demand reduction levels for stage 2 from 15 % to 20% Plan to obtain Drought Resistant Water Supply (DRWS) • Industry will pay an additional $0.25 per thousand gallons (8.4% increase) • Money reserved by City for DRWS • Not to be used for Operation and Maintenance Who will Pay? • Existing and New Large Volume Industry • Using a minimum of 100,000 gallons per day • Fee will be mandatory unless Customer "Opt Out" Customers who "Opt Out" • Allocation will occur when Lake Levels drop below 30% (currently 20%) • Allocation will be based on 80% of prior use (currently 90%) • Drought Surcharges (for use above allocation) will increase • First 5% will be 3 times block rate (currently 1) • Second 5% will be 6 times block rate (currently 3) • Third 5% will be 9 times block rate (currently 5) • Fourth 5% will be 12 times block rate (currently 10) Reliable, dependable and affordable supply 1 of water is needed • Industry can continue to operate current facilities • Industry can justify expansion • Community can attract new industry Drought Resistant Water Supply • Seawater desalination plant • Reuse • Groundwater • Aquifer Storage and Recovery SC o� � v AGENDA MEMORANDUM NOORPOPPIEO First Reading Ordinance for the City Council Meeting of August 28, 2018 1552 Second Reading Ordinance for the City Council Meeting of September 11, 2018 DATE: July 12, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv(o-)-cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valeriecia-cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreyea-cctexas.com (361) 826-3851 Andres Leal, Jr, P.E., Director of Street Operations andyla-cctexas.com (361) 826-1957 One-Way Street Ordinance Amendment Carson Street between Ennis Joslin Road and Alameda Street CAPTION: City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I — One-way streets and alleys, subsection (a) is revised to add a one-way designation for a portion of Carson Street. PURPOSE: This Ordinance will cause vehicular traffic to move one-way, in the north direction, along Carson Street to increase safety and prevent cut-through traffic on a Local residential street. BACKGROUND AND FINDINGS: Carson Street, located between Ennis Joslin Road and South Alameda Street, is classified as a Local residential street. Two (2) houses front the street. Since 2014, vehicles utilizing Carson Street as a cut-through have caused at least five (5) reported crashes. These crashes caused damage to both residential and City property. One of the property owners suffered significant property damage after their home was hit twice in August and October of 2014. They requested assistance from the Corpus Christi Police Department and Street Operations to address traffic and safety concerns. Project No.:N/A (Page 1) RC/CJ Legistar No.: 18-0894 Rev. 1—7/19/2018 Street Operations began monitoring the use of Carson Street. Findings indicated motorists were using Carson Street to avoid a traffic signal at the intersection of Alameda Street and Ennis Joslin Road. Attempts to redirect traffic flow to the traffic signal, by closing off the free right turn onto Carson Road, have failed to minimize accidents and use of Carson Street. Since 2015, the average vehicles per day (vpd) increased from 1,009 to 1,912 vpd. Staff proposes converting Carson Street to one-way northbound. Although primary contributing factors of the accidents have been driving while intoxicated and excessive speed, this conversion should significantly reduce the amount of traffic on the street by prohibiting access off of South Alameda Street. Through the use of traffic control devices, motorist will be channelized to a signalized intersection. City staff also evaluated the impacts of diverting traffic to the signalized intersection. It was determined the intersection has adequate capacity to accommodate the increased right turn movements. At its April 23, 2018 meeting, the Transportation Advisory Commission recommended approval of this ordinance amendment to City Council. ALTERNATIVES: 1. Do not recommend approval of the one-way street conversion of Carson Street (Not recommended). CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Operations, Engineering Services, Planning. FINANCIAL IMPACT: ❑Operating ❑Revenue El Capital ONot applicable Fiscal Year Project to 2017-2018 Date Current Year Future Years TOTALS Expenditures Line Item Budget Encumbered / Expended Amount This Item Future Anticipated Expenditures BALANCE Fund: N/A RECOMMENDATION: Staff recommends approval of this ordinance amendment. LIST OF SUPPORTING DOCUMENTS: Location Map Project No.:N/A (Page 2) RC/CJ Legistar No.: 18-0894 Rev. 1—7/19/2018 Vicinity Map Presentation Ordinance Project No.:N/A (Page 3) RC/CJ Legistar No.: 18-0894 Rev. 1—7/19/2018 181 ORR�pOR N SCALE: N.T.S. CORPUS CHRISTI SHIP CHANNEL AERIAL FLOWN 2014 � a LEOPARD Q CORPUS CHRISTI BAY a z Qpk/H 286 ~ G 358 Q MOR 00° 9l OC z CARSON STREET e 9 PROPOSED ONE WAY TRAFFIC DESIGNATION BETWEEN A MEDA ST. & ENNIS JOSUN RD. 3� �RpGf �4y'9R s a� TEXAS A&M UNIVERSITY CORPUS CHRISTI OG1 �Q' 358 Z ��TpCg3�0 M�RpcF o CABANISS ti Z OSO BAYCORPUS CHRISTI FIELD a NAVAL AIR STATION O �\tel 4�v 111\� FLOUR BLUFF �o O 358 286 J OPS L �O m" t^ a O 4. of 2 vP O � 300 LAGUNA MADRE CARSON STREET CITY COUNCIL EXHIBIT PROPOSED ONE WAY TRAFFIC DESIGNATION CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF STREET OPERATIONS VOQ LOCATION MAP u SCALE: N.T.S. - r - AERIAL FLOWN 2017 ALAMEDA STREET * = PROPOSED LANE CLOSURE CLOSE LEFT—TURN LANE ALAMEDA ST. _ _ • -...�`�� it r 1•• CARSON STREET �% PROPOSED ONE WAY TRAFFIC DESIGNATION `% BETWEEN ALAMEDA ST. & ENNIS JOSUN RD. s.♦ ff♦- ALAMEDA STREET •� r �� EXISTING LANE CLOSURE PERMANENTLY CLOSED RIGHT TURN LANE777r- Aol - = j Piv \ �- LEGEND — Q EXISTING TWO WAY STREET FLOW f Q PROPOSED ONE WAY STREET FLOW PROPOSED ONE WAY STREET LIMITS s EXISTING STREET CLOSURE CARSON STREET CITY COUNCIL EXHIBIT PROPOSED ONE WAY TRAFFIC DESIGNATION CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF STREET OPERATIONS VOQ VICINITY MAP Corpus Chr sti Engineering Carson Street One-Way Conversion (Ennis Joslin Road to Alameda Street) Council Presentation • \ August 28, 2018 Location Map Corpus Chrsti Engineering �or�no CORPUS CHRISTI HAY i e Q N SCALE:N.T.S. c 286 ua CARSON STREET PROPOSED ONE WAY TRAFFIC DESIGNATION K WO AU M ST.A ENNIS JOAN FI 7 SpSD MMUNNENIVERSI4Y ar F Coleus CNW511 ]OB ad �� ceaw�s O50 BAYsn owp nus cNtd FlE1D A Q M Sftm q� FLOUR BLUFF ue ase �O O Off' yp G@ 2 Vicinity Map Corpus Chr sti Engineering ALAMEDA STREET ss e PROPOSED LANE CLOSURE _ N ' CLOSE LEFT-TURN LANE SCALE N.T.S. h ri ALAMEDA ST. - . — . CARSON STREET PROPOSED ONE WAY TRAFFIC DESIGNATION 'S Q a SETWEDN MAMIEDA ST.&ENNIS JOSNN RD. ALAMEDA STREET EXISTING LANE CLOSURE PERMkNENRY CLOSED RIGNT—TURN NNE LEGEND ... .i �Q EXISTING TWO WAY STREET FLOW PROPOSED ONE WAY STREET FLOW _--_PROPOSED ONE WAY STREET LIMITS f -EXISTING STREET CLOSURE 3 Background CARSON STREET Engineering ➢ Local Street Classification - v,' Between Ennis Joslin Rd. (Arterial) & South Alameda St. (Arterial) ✓ Two (2) Homes ✓ Approximately 400' in Length ➢ Accident History - v' Five (5) Reported Crashes (since 2014) ✓ Corner Home Hit Twice (August & October 2014) ✓ Contributing Factors : Speeding, Driver Inattention ✓ Delineators Installed As Interim Measure (2015) ➢ Findings - v1 Used as a Cut -Through Street o Increased Average Vehicle Trips : 1,009 (2015) & 1,912 (2017) Recommendation CARSON STREET E^gin*Ch, ng ➢ One-Way Conversion ✓ Northbound, From Ennis Joslin Rd. to South Alameda St. ✓ Install "One-Way" Signage & Pavement Markings ✓ Transportation Advisory Commission (TAC) Recommended Approval (April 23, 2018) ➢ Benefit - v1 Reduces Cut - Through Traffic ✓ Increases Safety o Redirects Traffic to a Signalized Intersection at South Alameda St. & Ennis Joslin Rd. o Signalized Intersection Has Capacity to Accommodate Traffic Corpus Chr sti Engineering /1 Questions ? City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I –One-way streets and alleys, subsection (a) is revised to add a one-way designation for a portion of Carson Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I – One-way streets and alleys, subsection (a) is revised to add a one- way designation for a portion of Carson Street. "Sec. 53-250. Schedule I—One way streets and alleys. (a) In accordance with section 53-104 and when properly signposted, traffic shall move only in the direction indicated upon the streets and alleys set out in this section. All streets designated as one-way during school days shall be one-way only between those hours established by the city manager, or such officers or employees of the city designated by the city manager, so as to be compatible with school hours and when so indicated by signs. Street or Portion of Street Direction of Traffic Carson Street, between Ennis Joslin Road and Alameda Street SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made onetime in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. Page 1 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 SC GO H v AGENDA MEMORANDUM NflflPOPPS E� First Reading Ordinance for the City Council Meeting of August 28, 2018 1852 Second Reading Ordinance for the City Council Meeting September 11, 2018 DATE: August 17, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr, P.E., Director of Street Operations andyl@cctexas.com (361) 826-1957 One-Way Street Ordinance Amendment Removes Portion of One-Way Designation on Chaparral between Coopers Alley & IH-37 (Bond 2008 & 2014) CAPTION: City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I — One-way streets and alleys, subsection (a) is revised to remove a portion of the one-way designation on Chaparral Boulevard between Coopers Alley and IH-37. PURPOSE: This amendment provides for the authorization to convert Chaparral from Coopers Alley and IH-37 from one-way to two-way vehicular traffic flow. BACKGROUND AND FINDINGS: Chaparral Street extends from Park Avenue to the dead end at Harbor Drive. Per existing Ordinance, Chaparral is a one-way street from Kinney Street to IH-37 and two-way on the remaining sections. Voter approved Bond 2008 and 2014 programs provided for street improvements and conversion of the one-way to two-way traffic flow from Coopers Alley and IH-37, to enhance the commercial activities and the pedestrian environment. The Bond improvements are planned for substantial completion in September 2018, allowing the conversion to two-way traffic as approved. Improvements included new concrete pavement, traffic signal upgrades, replacement/upgrades of traffic signs, and pavement markings. The project also included overlays and seal coats for the existing street surface to adequately blacken out existing markings to avoid confusion. This item is for the Ordinance Amendment for the conversion to two-way traffic flow on Chaparral from Coopers Alley to IH-37 (the section from Kinney Street to Coopers Alley will remain one-way traffic flow). The City's Transportation Advisory Commission recommended approval of the proposed ordinance amendment on May 21, 2018. The conversion to two-way traffic flow is planned for October 1, 2018 with a full 24-hour street closure to allow the appropriate final markings and signage needed for the traffic flow change. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to the City Charter requirements to amend the Code of Ordinances. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Engineering Services, Street Operations, Planning, Business Liaison FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Expenditures Future Fiscal Year 2017-2018 (CIP only) Current Year Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE COMMENTS: None RECOMMENDATION: Staff recommends approval of this ordinance amendment and conversion to the two-way traffic. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Presentation City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53- 250 Schedule I - One-way streets and alleys, subsection (a) is revised to remove a portion of the one-way designation on Chaparral Boulevard between Coopers Alley and IH-37. WHEREAS, Downtown Management District supports a two-way street conversion of Chaparral Street, from Coopers Alley to Interstate Highway 37, for better accessibility to adjacent streets in Downtown. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Section 53-250 Schedule I—One-way streets and alleys, is revised as follows: "Sec. 53-250. - Schedule I—One-way streets and alleys. (a) In accordance with section 53-104 and when properly signposted, traffic shall move only in the direction indicated upon the streets and alleys set out in this section. All streets designated as one-way during school days shall be one-way only between those hours established by the city manager, or such officers or employees of the city designated by the city manager, so as to be compatible with school hours and when so indicated by signs. Chaparral Street, from the north right-of-way line of Kinney to Coopers North 11 1 mter6tdate Hi@hway 37 (eas 61nd) (QFd Nn 84 4 8, § 1 , 6_7_1 1967; QFd. Ne. 24379 §-4--4-a 4-1992� SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgement 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 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor c oRRipOR I N V SCALE: N.T.S. SHIP CHAN CORPUS CHRISTI LEOPARD Q PROJECT LOCATION O a z @q p� pk'i,�, 286 F- 0 MOROP O 358 Q O° 9l 00 Z Q' CORPUS CHRISTI BAY O`o 32�} MOgRp�F cp<<ijygR vols Gj S p 14D ocFgti TEXAS A&M UNIVERSITY CORPUS CHRISTI 358 ZZ �SgRgTO 3�m � �cgRp<F o Q� Gq Q1' CABANISS Gj Z OSO BAY CORPUS CHRISTI FIELD tv Q NAVAL AIR STATION Qv O FAQ �v 4� FLOUR BLUFF �o 358 286 SO Qom° w 4 YOR�o GP �� h'N LAGUNA MADRE Chaparral St. Phase 2 CITY COUNCIL EXHIBIT Schatzell St. to Taylor St. CITY OF CORPUS CHRISTI,TEXAS vow (Bond 2014) DEPARTMENT OF STREET OPERATIONS — Corpus Chr sti Engineering Chaparral Street Two-Way Conversion City Council Presentation August 28, 2018 Location MapCo p*Chl Engineering CORPUS CHRISTI BAY d u N SCALE:N.T.S. Zee CHAPARRAL STREET TWO WAY STREET CONVERSION aae BEPII M COOPERS ALLEY AND II WI °°nrue°mien asa r �9T Q nan ss CSO BAY cawua cn�sn Q ruau iw er�n°n L} FLOUR BLUFF ase ME 5� 41 O GP 2 Chaparral Street *.s-Ch, Street Improvements Engineering � . y PHASE 2 SCALE:N.T.S. CHAPARRAL STREET BOND PRO]EQ MILL AND OVERLAY � PHASE�2 � PHASE 2 CHAPARRAL STREET BOND PROJECT - CHAPARRAL STREET BOND PROJECT FULL RECONSTRUCIION MILL AND OVERLAY o - CHAP "'�wr>E - ` a 4 ♦,S ARRAN ' F i a .�F �11 -• � .l� L t {i.`�> 3 CHAPARRAL - w,r..0 PHASE 1 CHAPARRAL STREET BOND PROJECT �,. °a BERVEEN SCINTZEL SL AND MWW ST. _ � 4 qfF a �L LEGEND CHAPARRAL STREET BOND PROJECT PHASE 1 CHAPARRAL STREET BOND PROJECT PHASE 2 ®CHAPARRAL STREET BOND PROJECT PHASE 2 Chaparral Street Corpus Chr sti Si nalization Improvements - 2015 Engineering � p Construction Dates . , ,. May 14-Mar.15 �.� ,.' I Q y , _ i Mm IMEM INSET Siwe MG CONFIGUFAi�ON T����'—� January2075 -FULL516 ��r�a� 4 Chaparral Street w 2-Way Conversion �U*Ch, Engineering p _. a, e SXF N.T.S. -ILry., CHAPARRAL_ 46 LEGEND a EXISTING ONE WAY STREET FLOW PROPOSED 1WO WAY STREET FLOW T e ---PROPOSED 1W0 WAY STREET llilffS Ordinance Amendment Corpus Chrsti Engineering This conversion from one-way to two-way traffic is part of the voter approved Bond 2008 and 2014 Chaparral Street Phase 1 & 2 (Coopers Alley to IH-37) Improvement Projects that requires the Ordinance Amendment below. ➢ Ordinance Amendment to Sec. 53-250. - Schedule I—One-way streets and alleys "changing Chaparral Street from one-way street to two-way street between the north right-of-way line of Coopers Alley to the intersection of IH-37". Chaparral Street 2-Way Conversion Plan Corpus Cring Engineering Aug. 28, 2018 15t Reading Ordinance for 2-Way Conversion Sep. 11, 2018 2"d Reading Ordinance for 2-Way Conversion News release published Message advisory boards go up Sep. 2018 Construction & landscaping complete Oct. 1, 2018 Chaparral closed for 24 hours for 2-Way Conversion Oct. 2, 2018 Chaparral reopened with conversion complete Corpus ChrsU Engineering Questions ? SC o� � AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2018 "`O""°p"`E1852 Action Item for the Cit Council Meeting of September 11, 2018 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager FROM: Lawrence Mikolajczyk., Director of Solid Waste Operations lawm(c)cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2Ca-)_cctexas.com (361) 826-3169 Service Agreement for Pressure Washing Services of Heavy Equipment for Solid Waste CAPTION: Motion authorizing a four-year service agreement with Kingdom Sowers, LLC of Corpus Christi, Texas for pressure washing equipment services for a total amount not to exceed $111 ,840.00. PURPOSE: This service agreement will be utilized by the Solid Waste Department for pressure washing of heavy equipment. BACKGROUND AND FINDINGS: The Contractor will provide pressure washing services and is responsible for furnishing all equipment, material and labor to satisfactorily clean all the heavy equipment such as tractors, loaders and dump trucks on a rotating basis. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received three responsive, responsible bids, and is recommending the award to the lowest, responsive, responsible bidder, Kingdom Sowers, LLC of Corpus Christi, Texas. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $32,667.76 $107,180.00 $139,847.76 Encumbered / Expended Amount $27,780.31 $0.00 $27,780.31 This item $4,660.00 $107,180.00 $111 ,840.00 BALANCE $227.45 $0.00 $227.45 Fund(s): Solid Waste Operations Comments: The initial contract term total is $111,840.00 for 48 months, of which $4,660.00 will be funded in FY2017-18. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation se 0 > SERVICE AGREEMENT NO. 1736 U xs2 Pressure Washing of Heavy Equipment for Solid Waste Operations THIS Pressure Washing of Heavy Equipment for Solid Waste Operations Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Kingdom Sowers, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Pressure Washing of Heavy Equipment for Solid Waste Operations in response to Request for Bid/Proposal No. 1730 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Pressure Washing of Heavy Equipment for Solid Waste Operations ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 48 months 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 $111,840.00, 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. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 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: Tony Benavides Department: Solid Waste Operations Phone: (361 ) 826-8034 Email: TonyB@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 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: Tony Benavides Title: Interim Assistant Director Address: 2397 County Road 20, Robstown, Texas 78380 Phone: (361 ) 826-8034 Fax: (361 ) 826-1971 IF TO CONTRACTOR: Kingdom Sowers, LLC Attn: Juan C. Valdez Title: Owner Address: 5959 S. Staples, Suite 102, Corpus Christi, Texas 78413 Phone: (361 ) 232-3619 Fax: (866) 359-7513 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, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY 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. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments, C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 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: L printed Name: �u19 �' l��•.�cle� Tit,: tj le rg Data KATY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: -ttached and Incorporated by Reference: Attachment A: Scope of Work rttachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Httachment D: Warranty Requirements Incorporated by Reference Oniy. Exhibit 1: RFB/RFP No. 1736 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Aooroved as to Legal Form 12/15/17 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide pressure washing on heavy equipment for solid waste operations as outlined in this Scope of Work. 1.2 Scope of Work A. The Contractor will provide power washing of heavy equipment used by Solid Waste Operations. The inventory consists of but not limited to the items listed below: ✓ Front-end Loaders ✓ Tractors ✓ Trailers ✓ Excavator ✓ Rear Steer ✓ Self-loader ✓ End Dump Trucks ✓ Dead Animal Collection Truck ✓ Zero-turn Mowers ✓ Kubota Batwing Mowers B. The Contractor will provide the following services, 1 . A total of twenty-six units will be washed two times per month. 2. Pressure washing of the equipment will be performed only on Sundays on a rotating basis. 3. The Contractor must provide a hot water pressure washer to remove grime, mud and grease and a shop vac to clean the interior floor board of any debris. 4. The Contractor will wash exterior, engine/transmission area, and raise bed and wash frame area to rear ends and under body. 5. The Contractor shall clean all glass surfaces, which includes removing all detergent film and drying to leave glass streak and spot free. This includes removing all detergent film and drying. Glass and mirror surfaces will be 100% streak and spot free. 6. No washing will be required inside of cab. C. The Contractor will confine all operations to daylight hours, sunrise to sunset. D. The washing will be done at the Fleet Maintenance wash pad located at 5325 Ayers, Building 3-B. E. The City will provide the water, which will supply at least 5 to 10 gallons per minute. F. The City will provide a clean sump/tank before the Contractor begins the power washing. It will be the responsibility of the City to empty the wash water from the sump/tank. G. The City's Contract Administrator will establish a schedule for the Heavy Equipment that need to be washed. The scheduled Heavy Equipment will be aligned at the Fleet Maintenance Department. The Contractor will be responsible to drive the Heavy Equipment to the wash pad and, when finished, will drive the Heavy Equipment back to their original location. H. The City intends to establish a routine schedule. However, if there is inclement weather that prohibits the scheduled washing the Contractor shall contact the Contract Administrator to arrange for washing on the following Sunday. I. The Contractor must possess a valid Texas Class B CDL Driver's License. Contractor must provide a copy of Driver's License and Texas Department of Public Safety Type II Driver Record to Contract Administrator. J. Only cleaners and de-greasers that have been approved by the City's Contract Administrator may be used in the performance of the washing service. To comply with EPA regulations, the Contractor must identify all products to be used and provide Safety Data Sheets to the Contract Administrator. All cleaning chemicals used must not damage any parts of the vehicles including, but not limited to: glass, metal, paint, plastic, etc. to be cleaned. Any damage will be the responsibility of the contractor to repair/replace as needed. On occasion a brightener to clean aluminum will be used on every other wash. K. The City will provide a lock-box with the keys of the equipment to be washed. All keys will be returned to the lock-box when the work is completed at end of day. Failure to return the keys will cost the Contractor a $25 fine for each missing key. The keys shall not be removed from the property. The keys shall not be duplicated for any reason. The Contractor will be liable for re-keying, should this be compromised due to Contractor's negligence. L. The Contractor will clean up wash area upon completion of work each day and remove any remaining trash and debris. 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 - Bid/Pricin-q Schedule � CITY OF CORPUS CHRISTI ° BID FORM PURCHASING DIVISION RFB No. 1 736 xs6� Pressure Washing of Heavy Equipment for Solid Waste Operations Date: r]•-' 1b- Ro i g PAGE 1 OF 1 I / Bidder: Kit Authorized D _Sow1e2S Signature: �'� V V 4T- 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 4-YR Unit Price Total Price QTY 1 Front-End Loaders 3 288 $ $ IQ YY b 2 Tractors 5 480 ° $ 3 Trailers 7 672 $ $ 4 Excavator 1 96 $ b a $ 5 Rear Steer 1 96 $ °c $ v 6 Self-Loader 1 96 $ 56 = $ 0 PC 7 End DumpTrucks 3 288 $ $ p 8 Dead Animal Collection Truck 1 96 $ 15r $ 2.q 0 9 Zero-Turn Mowers 2 192 $ l -- $ gvo 10 Kubota Batwing Mowers 12 1192 $ 36 $ 7 0 00 Total l7 Attachment C- Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property cancellation, non-renewal, material Damage change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Employer's Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing - Solid Waste Power Washing of Heavy Equipment 05/17/2018 sw Risk Management Valid Through 12/31/2018 Attachment D - Warranty Requirements No warranty requirements necessary for this supply agreement; Section 8. Warranty is null for this supply agreement. City of Corpus Christi Bid Tabulation Purchasing Division RFB No.1736 Buyer:Cynthia Perez Pressure Washing of Heavy Equipment DeAngelo Brothers LLC HERO Pressure Kingdom Sowers Washing,LLC Houston,TX Corpus Christi,TX Corpus Christi,TX Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Front-End Loaders 3 288 $85.00 $24,480.00 $60.00 $17,280.00 $50.000 $ 14,400.00 2 Tractors 5 480 $80.00 $38,400.00 $60.00 $28,800.00 $50.000 $ 24,000.00 3 Trailers 7 672 $80.00 $53,760.00 $60.00 $40,320.00 $50.000 $ 33,600.00 4 Excavator 1 96 $70.00 $6,720.00 $60.00 $5,760.00 $50.000 $ 4,800.00 5 Rear Steer 1 96 $70.00 $6,720.00 $60.00 $5,760.00 $50.000 $ 4,800.00 6 Self-Loader 1 96 $70.00 $6,720.00 $60.00 $5,760.00 $50.000 $ 4,800.00 7 End Dump Trucks 3 288 $85.00 $24,480.00 $60.00 $17,280.00 $50.000 $ 14,400.00 8 Dead Animal Collection Truck 1 96 $70.00 $6,720.00 $20.00 $1,920.00 $25.000 $ 2,400.00 9 Zero-Turn Mowers 2 192 $35.00 $6,720.00 $10.00 $1,920.00 $15.000 $ 2,880.00 10 Kubota Batwing Mowers 2 192 $60.00 $11,520.00 $10.00 $1,920.00 $30.000 $ 5,760.00 Total $186,240.00 $126,720.00 $ 111,840.00 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2018 NgHPO PP`E 1852 Action Item for the City Council Meeting of September 11, 2018 DATE: August 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 Professional Services Contract Amendment Corpus Christi Army Depot (CCAD) Security Enclave Project (Defense Economic Adjustment Assistance Grant) CAPTION: Motion to authorize execution of a professional services contract Amendment No. 1 with LNV Inc. of Corpus Christi,Texas in the amount of$211,270 for a total restated fee of$248,769 for Defense Economic Adjustment Assistance Grant (DEAAG) Corpus Christi Security Enclave project. PURPOSE: This DEAAG funded project increases the security and safety of the Corpus Christi Army Depot (CCAD)facilities. BACKGROUND AND FINDINGS: The DEAAG was created in 1997 to allow municipalities and other agencies to proactively support installations in the event of a change or announced change by the Department of Defense. The City received grant approval from the Office of the Governor (OOG) in March 2018 for the following two projects that support CCAD and Naval Air Station Corpus Christi (NASCC). DEAAG 2018 PROJECTS CCAD Security Enclave $3,281,314 NASCC Water Pipeline Extension $2,734,700 The grant stipulated that all expenditures these two projects must be complete prior to August 31, 2019, and that all reimbursement requests be submitted to the OOG by October 15, 2019. Project No:E17088 LV/CJ Legistar No.:18-0926 Rev.5—08/14/18 CCAD Security Enclave Project CCAD conducts maintenance and rework for a large segment of US military aviation assets. Although CCAD facilities are located within NASCC, the facilities have uncontrolled pedestrian and vehicular access into sensitive operations and machinery that increases the operational risk levels for safety and security. The proposed new Security Enclave will provide a layered defense against unauthorized pedestrian and vehicular traffic. This item provides for the CCAD Security Enclave project engineering, permitting and design for new perimeter security fencing, turnstiles, vehicle sliding gates, lighting, surveillance systems, access controls with miscellaneous sidewalk, driveway and landscape improvements. This project requires detailed interaction and coordination with CCAD personnel. A small A/E contract with LNV, Inc. in the amount of$37,499.00 was issued to begin work on the preliminary planning, permitting and surveying to refine scope and costs. The CCAD Security Enclave Project is planned as a standalone design-bid-build project. NASCC Water Pipeline Extension NASCC currently receives water service through a single 16-inch water transmission pipeline. This project will provide NASCC a redundant water supply. The project is being developed in two segments. One segment is being constructed by City crews and one segment will be constructed by the City's existing Waterline IDIQ contractor. ALTERNATIVES: 1. Authorize execution of Amendment. (Recommended) 2. Do not authorize execution of Amendment. (Not Recommended) OTHER CONSIDERATIONS: All activities require detailed coordination with NASCC and CCAD. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: NA Project No:E17088 LV/C7 Legistar No.:18-0926 Rev.5—08/14/18 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget $3,414,580 $3,414,580 Encumbered / 37,499 37,499 Expended Amount This item 211,270 211,270 Future Anticipated Expenditures This 133,266 133,266 Project BALANCE 1 $3,032,545 $3,032,545 Fund(s): Defense Economic Adjustment Assistance Grant RECOMMENDATION: City staff recommends approval of the professional service contract amendment. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No. 1 Project No:E17088 LV/CJ Legistar No.:18-0926 Rev.5—08/14/18 PROJECT BUDGET ESTIMATE Naval Air Station Corpus Christi (NASCC) Security Enclave PROJECT FUNDS AVAILABLE: Defense Economic Adjustment Assistance Grant(DEAAG)............................................... 3,281,314 City of Corpus Christi In-Kind Match............................................................................. 133,266 TOTAL FUNDS AVAILABLE $ 3,414,580 FUNDS REQUIRED: Construction Fees:.................................................................................................... TBD Construction (ESTIMATE)................................................................. TBD Contingency(10%)........................................................................... TBD Construction Inspection and Testing Fees:..................................................................... 44,422 Construction Inspection TBD.............................................................. 44,422 Construction Phase-Materials Testing Services .................................... TBD Design and Geotechnical Fees:................................................................................... 248,769 Preliminary Design(LNV, Inc.)............................................................ 37,499 Design (LNV, Inc.)THIS ITEM . 211,270 Reimbursements:..................................................................................................... 88,844 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget).......... 34,537 Engineering Services(Project Mgt).................................................... 53,307 Misc. (Printing,Advertising, etc.)........................................................ 1,000 TOTAL 382,035 ESTIMATED PROJECT BUDGET BALANCE 3,032,545 UECES BAY 181 N SCALE: N.T.S. SHIP CHAN CORPUS CHRISTI LEOPARD CORPUS CHRISTI BAY eA<0w/ 286 MORGP oo y o 00 PROJECT LOCATIONS a s,, o� NASCC Water Pi eline Extension o�o�� sp/o oc�ti TAMUCC CCAD Security Enclave H o� o<<y 0 �� 358 DD �SgRq�Gcg3�m Q'r� Mc�R��F o CABANISS 6 i OSO BAY ... FIELD ��v � Q CORPUS CHRISTI O AVAL AIR STATI �000 FLOUR BLUFF 358 86 S Q' w �� K J OAF U� -J Q- O )-10 wN 36 P22 CKE LAGUNA HqN EL MADRE LOCATION MAP NOT TO SCALE Project Numbers- E17087 and E170881- I MLX Naval Air Station Corpus Christi (NASCC) Water Pipeline Extension Project CITY COUNCIL EXHIBIT Naval Air Station Corpus Christi (CCAD) CITY OF CORPUS CHRISTI,TEXAS r DEPARTMENT OF ENGINEERING SERVICES Security Enclave Project CITY OF CORPUS CHRISTI Amendment No. 1 to the CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E17088 - CCAD Industrial Security Enclave Project The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and LNV, Inc., 801 Navigation Blvd., Corpus Christi, Nueces County, Texas 78408, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Contract for Professional Services Page 1 of 12 ARTICLE I –SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the% of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessaryfor the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as 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 $211,270 for a total amount not to exceed $248,769. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. Contract for Professional Services Page 3 of 12 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 te the expiratie—A date Af the prier term. ARY FeRAWAls; AhAll htQ At thtQ SAMA tArMS AR GE)RditieRs, plus aR" Contract for Professional Services Page 4 of 12 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Contract for Professional Services Page 5 of 12 Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Contract for Professional Services Page 6 of 12 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the Contract for Professional Services Page 7 of 12 documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed Contract for Professional Services Page 8 of 12 diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services Page 9 of 12 ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you Contract for Professional Services Page 10 of 12 need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI LNV, IN v 8/13/18 Jeff H. Edmonds, P. E. Date n cker, P. E. Date Director of Engineering Services President 801 Navigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office (361) 883-1986 Fax dant@lnvinc.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Page 11 of 12 Accounting Fund Name Unit Account No. Activity No. Amount El 7088-01- ComDevelo 17088-01- ComDevelo mtGrt 1072-071 550950 1072-EXP $211,270.00 Total $211,270.00 Contract for Professional Services Page 12 of 12 LNV SOLUTIONS TODAY WITH engineers I architects � surveyors A VISION FOR TOMORROW August 06, 2018 Mr.Jerry Shoemaker City of Corpus Christi 1201 Leopard St., 3RD Floor Corpus Christi,TX 78410 Subj.: Architectural and Engineering Professional Services for CCAD Security Enclave Project Dear Jerry, Thank you for this opportunity to provide the following proposal for professional services. It is my understanding that we are to provide Architectural and Engineering professional services for new security fencing, electronic gates, security cameras, and pedestrian turnstiles with canopies.These components will be constructed along a piece of property defined by a site plan received by CCAD. A list of priorities to be addressed is shown below. They are as follows: 1. Identify various phases of construction and associated costs to support programming. 2. Provide construction documents based on phasing. (Plans, specifications,and detailed OPCC). 3. Provide help with Bidding. 4. Perform contract administration during the construction phase of the project. Following is a breakdown of the anticipated services to be provided,designated by discipline: Architectural Services: • PRELIMINARY AND FINAL DESIGN/BIDDING AND CONSTRUCTION: Project Manager will serve as primary contact for the owner regarding all aspects of the project. Prepare proposal for A/E services,fee, and final contract. Establish design program parameters for internal needs with owner. Obtain other professional disciplines as required. Coordinate with other consultants throughout. Develop and prepare plans and specifications as required, and coordinate project development with all disciplines. Submittal of final plans and specifications sealed by Licensed Professionals, registered in the state of Texas. Assist owner with bidding process: contractor solicitation, responding to RFI's and various questions, and issuing addenda. EXHIBIT A Page 1 of 7 Page 2. Assist owner with receipt of bids, compiling bid tabs,and providing a bid award recommendation. Prepare change orders if required. (Change orders for scope changes in work requested by owner or necessitated by unknown construction conditions, or items overlooked by owner are not included in the fee. Payment would be additional per time involved at latest LNV schedule of hourly charges. Minimum charge$500.00) • CONSTRUCTION ADMINISTRATION SERVICES—GENERAL RESPRESENTATION Provide construction observation site visits at intervals appropriate to the work progress to assure that construction is in accordance with the construction documents. Issue supplemental instructions if/as required. Conduct pre-final and final inspection providing "punch list" of deficiencies. Distribution of all submittals to engineering consultants, and review of architectural submittals. Review/certification of all contractor applications for payment on a monthly basis, and review/certify contractor's final application for payment with project completion acceptance. ALL ARCHITECTURAL CONSTRUCTION ADMINISTRATION SERVICES WILL BE PROVIDED ON A TIME AND MATERIALS BASIS AT THE HOURLY RATE DESIGNATED. MEP Engineering Services: BASIC SERVICES: • Limited attendance at local design review meetings • Design of MEP systems • MEP code compliance review • Lighting fixture selection and layout • Power distribution layout • Special systems component locations and raceways (security,etc.) • Production of bid/construction documents(plans and specifications, addenda) • Incorporation of permit review comments Construction Administration Services: • Submittal/shop drawing reviews • Response to contractor's questions • Site Inspection visits(as necessary); and final follow-up inspection • ALL MEP ENGINEERING CONSTRUCTION ADMINISTRATION SERVICES WILL BE PROVIDED ON A TIME AND MATERIALS BASIS AT THE HOURLY RATE DESIGNATED. EXHIBIT A Page 2 of 7 Page 3. Structural Engineering Design Services: BASIC SERVICES: 1. Obtain and review all available documentation for required components, including any required geotechnical engineering and reports. This information is to be provided by the client. 2. Calculate the required wind loading for based on the International Building Code, 2006 edition (IBC- 09)with latest Texas revisions. 3. Perform analysis and design of the foundation systems for the buildings utilizing soil properties from the geotechnical engineering report. 4. Prepare engineering drawings showing plans, sections and details necessary for construction and engineering specifications,all signed and sealed by a Texas Licensed Professional Engineer. Civil Site Design Services: BASIC SERVICES: LNVwill develop the civil plans and specifications associated with constructing perimeter security fencing and access gates around the CCAD facility. It is anticipated that the following plan sheets will be required for providing these services: General Notes&Testing Schedule Estimated Quantities Topographic Survey Existing Conditions/Demolition Plan Proposed Fencing Plan and Details Proposed Utility Plan Storm Water Pollution Prevention Plan (SW3P) SW313 Details Concrete Sidewalk Details Concrete Driveway Details Pavement Repair Details Traffic Control Plan (TCP) Traffic Control Standards (TxDOT) Miscellaneous Details Prepare general notes, bidding documents, technical specifications and opinion of probable construction costs. Submit a final set of drawings and specifications sealed by a Texas Registered Professional Engineer. • CIVIL CONSTRUCTION ADMINISTRATION SERVICES Perform periodic site observations as required for the duration of the construction of the project. Review contractor submittals and shop drawings as required. EXHIBIT A Page 3 of 7 Page 4. Assist in resolving conflicts and issues arising during construction by issuing Field Orders or responding to RFI's as needed. ALL CIVIL CONSTRUCTION ADMINISTRATION SERVICES WILL BE PROVIDED ON A TIME AND MATERIALS BASIS AT THE HOURLY RATE DESIGNATED. Structural Engineering Services: Basic Services: 1. Review of existing available information such as gate motor arrangement drawings, camera and lighting mast drawings, card reader,turnstile and canopy drawings. 2. Perform design of the gate motor foundation system. 3. Perform design of camera mast foundation system. 4. Perform design of lighting mast foundation system. 5. Perform design of card reader and turnstile foundation system(s). 6. Perform design of the canopy foundation system. 7. Perform design of the high tensile wire rope(s) to be installed along the fence and anchoring system(s) 8. Prepare and submit preliminary drawings including plans, sections and details necessary to adequately depict the WORK for review and comment. 9. Prepare and submit draft technical specifications for review and comment. 10. Address comments and submit final Construction Documents (Drawings and Technical Specifications), signed and sealed by a licensed Texas professional engineer. Construction Administration Service: 1. Issue supplemental instructions if/as required. 2. Respond to Requests for Information (RFI's) as project needs require. 3. ALL STRUCTURAL CONSTRUCTION ADMINISTRATION SERVICES WILL BE PROVIDED ON A TIME AND MATERIALS BASIS AT THE HOURLY RATE DESIGNATED. Special Services: Windstorm Inspection and Certification Services 1. Prepare and submit the WPI-1 form in accordance with the requirements of the Texas Department of Insurance (TDI)for Windstorm for the exterior window and door framing WORK. 2. Review submittals required for the exterior window and door framing WORK, including but not limited to; framing, anchoring, shop drawings and other project-specific items, to ensure conformance with the sealed project Construction Documents and for compliance with TDI. 3. Perform field inspections and prepare reports during the construction phase to visually verify the exterior window and door framing WORK is constructed as designed and detailed on the sealed Construction Documents. EXHIBIT A Page 4 of 7 Page 5. 4. Prepare and submit WPI-2 form to the Texas Department of Insurance upon completion of construction for the Client to receive the WPI-8 Windstorm Certificate issued by TDI. 5. Provide support service for TDI questions or comments on WPI-2 for client to obtain the WPI-8 certificate. Windstorm Certification Requirements: The Contractor/Owner shall be responsible for providing to the Windstorm Engineer / Inspector Submittal Documentation and notifications for each inspection, including but not limited to, foundation reinforcing, anchor bolt material, concrete mix design, backfill material, soil compaction testing, window/door/louver systems, roofing systems, and other components/appurtenances etc. affecting the building envelope to the Windstorm Engineer/Inspector,as required and applicable to this project,that conforms to the requirements of the Construction Documents (drawings and specifications) and the Texas Department of Insurance (TDI). Submittal documentation, at a minimum, shall contain the following information as it pertains to this project: reinforcing steel &anchor bolt material certification, yield strength,sizes,lengths,embedment's,geometry,shop drawings as applicable,concrete mix designs with manufacturer support documentation and compression test results,select or structural fill material specifications with laboratory testing as applicable, soil compaction test results as applicable, roofing system current testing, and current testing/attachment documentation for other components/appurtenances etc. affecting the building envelope. Submittal Documentation must be approved in writing prior to fabrication and/or installation. During the construction phase, the installation of approved materials/items shall be visually observed by the Windstorm Engineer / Inspector or their representative to verify compliance with the Construction Documents for LNV to submit the required WPI-2 form(s)to TDI for their consideration in issuing the WPI- 8, Windstorm Certificate to the Owner. It is highly recommended that the Contractor review all project requirements outlined in the construction documents and ensure all subcontractors working on the project are not deviating from those requirements. Alteration of any products or materials(e.g.concrete mix) after submittal approval by the engineer of record is not acceptable and will require removal and replacement with the approved product/material. The following list of items requires current documentation from an approved testing facility and/or visual verification by the Windstorm Engineer / Inspector for LNV to complete and submit the WPI-2 documentation to the Texas Department of Insurance for their consideration in issuing the WPI-8 windstorm certification. Submittal Review& Written Approval Requirements: Incomplete documentation for shop drawings or other submittals will NOT be reviewed and will require re-submittal;including the missing documentation. • Concrete mix design(s). • Reinforcing shop drawings. • Anchoring system(s) including material properties, embedment geometry and other installation requirements for equipment, masts and canopy. EXHIBIT A Page 5 of 7 Page 6. • High tensile wire rope submittal. • Gate motor, camera, lighting mast, card reader and turnstile construction drawings • Canopy shop drawings including cladding and fastening The Contractor shall provide at a minimum, 48-hour notice to the Windstorm Engineer/ Inspector to schedule all required inspections for the project. The Contractor shall call (361)883-1984 to schedule all site visits for the required inspections listed below. Inspection Requirements: • Reinforcing installation prior to concrete placement, all foundation systems • Anchor installation prior to concrete pour for cast-in-place anchors. Anchor hole preparation prior to anchor installation for post-installed epoxy or mechanical anchors. • High tensile wire rope(s)installation along perimeter fence and anchor system(s)installation prior to fill placement • Canopy framing installation prior to covering fasteners. • Canopy sheathing/roofing fasteners LNV is not responsible for failure by the Contractor to abide by the provisions and/or design and inspection requirements set forth on the construction documents. Approval in writing must be provided by the Windstorm Engineer prior to any modifications, substitutions or alterations from the contract documents that may be proposed during construction. All deficiencies or differences between the Construction Documents and the installed WORK and that are related to Windstorm Certification must be logged into the project deficiency log and addressed by the General Contractor. The General Contractor shall provide notification for re-inspection or documentation verifying all noted deficiencies has been brought into compliance, as may be required by the Windstorm Engineer. Any deficiencies that are not brought into compliance will prohibit LNV and the Windstorm Engineer from issuing the WPI-2 form(s) to TDI and the Owner from receiving the WPI-8 Windstorm Certificate from TDI. LNV is required to notify TDI in writing of any known deficiencies that prevent LNV from issuing the WPI-2 form(s). LNV, Inc. proposes to provide professional services for the renovation of your existing facility, as described above, on a fixed fee basis. LNV shall perform said service and all acts attendant there to with a reasonable standard of care and shall not be held to a higher standard of care unless specifically agreed to by all involved parties, and said agreement is spelled out herein as a contract condition. EXHIBIT A Page 6 of 7 Page 7. BASIC SERVICES: Architectural and Engineering Services Project Structural MEP Civil Sr. CADD Clerical Description Architect Engineer Engineer IV Engineer Designer Technician (hours) (hours) (hours) (hours) (hours) (hours) (hours) Field verification 8 8 8 8 8 - - Initial Preliminary 24 40 60 40 60 - Design Final Design/ 120 90 190 120 120 180 64 Construction Docs Review of Contractor's 4 4 4 4 - - - Proposal Construction T&M T&M T&M Administration T&M T&M T&M T&M Record Drawings 8 8 16 16 16 40 16 Total Man-hours : 164 150 278 188 204 220 80 Rate : $ 190.00 $ 180.00 $ 150.00 $ 195.00 $ 150.00 $ 100.00 $ 85.00 Sub-Total Cost : $31,160.00 $27,000.00 $41,700.00 $36,660.00 $30,600.00 $22,000.00 $6,800.00 TDLR Project Registration, Plan Review and Inspection Fee: $ 1,350.00 * Construction Administration Fee (Estimated T&M): $ 14,000.00 Total Design Fee: $195,920.00 Total Fee: $211,270.00 * If additional time or services are requested by the owner for Construction Administration LNV will bill at our hourly rates. Geotechnical services are not included in this proposal and will be necessary for the design of the various components requested for this project. This service is to be contracted by the owner and all pertinent information from the testing report is to be shared with the design team. Any additional services requested by the owner that are not listed in the scope of work outlined above will be billed at our standard hourly rates. (Our hourly rates are available upon request). Sincerely, LNV,Inc. Craig For . R.A.,AIA Vice President CEF/cf Statement of Jurisdiction:'The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas".Texas Board of Architectural Examiners,333 Guadalupe,Suite 2-350,Austin,Texas 78701-3942.Telephone:512-305-9000,wfflY9WA1WfA 801 NAVIGATION I SUITE 300 1 CORPUS CHRISTI,TEXAS 78408 PH OFFICE 361 883.1984 1 FAX 361 883 1986 1 ww\f"IbICT(af 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? 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Q .� � 4�., a) m a) O = a� u� cv °� U cv O O cz cB m IL p m U U) Q d d 0 CO CO fn m Q F- Z Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 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 LAI SUPPLIER NUMBER TO BE ASSIGNED BYCTrY-- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV,Inc. P.O.BOX: STREET ADDRESS: 801 Navigation,Suite 300 CITY: Corpus Christi ZIP: 78408 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 MA EXHIBIT "E" Page 1 of 2 FELING 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 eneral 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: Dan S. Le yendecker Title: President (Type or Print) Signature of Certifyingate: Person: August 13, 2018 zlt� 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 Corpus Chr 5ti Engineering Professional Services Contract Amendment CCAD Security Enclave Project Defense Economic Adjustment Assistance Grant (DEAAG ) Council Presentation August 28, 2018 Project Locations Corpus Chr sti Engineering 91P q US CHRISTI � 15� { N SCALE:N.T.S. CORPUS CHRISTI BAY �Ovr 5�1- OpG 2 3 ti NASCC Water Pipeline Extension a� f CCAD Security Enclave 358 Z s V4 0� 050 BAY IELD 5 g�' Q CORPUS CwR15� � vnE aR srnn C FLOUR BLUFF J� a o`' �R o Project Vicinity —� Corpus Chr sti Engineering N SCAlE:N.T.S. CCAD Security Enclave 3 ` r ocean A t � U b Z Y Ave D r fl I AJI> DEAAG Projects 1 Corpus Chr sti Engineering The City received a DEAAG in March 2018 for two projects intended to enhance the security and sustainability of CCAD and NASCC. ➢ CCAD Security Enclave (THIS PROJECT): ✓ New perimeter security fencing, turnstiles and vehicle sliding gates ✓ Surveillance systems with cameras and access controls ✓ Miscellaneous sidewalk, driveway and landscaping improvements ✓ Item provides for the engineering design and permitting. ➢ The NASCC Water Pipeline Extension: ✓ Project is being developed in two segments. One segment is being constructed by City crews and one segment will be constructed by the City's existing Waterline IDIQ contractor Project Schedules C*Csti Engineering 1 1 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug CCAD Security Design Bid &Award Construction NASCC Waterline Design Permitting DO Construction CCAD Project Construction Calendar Days: 150 ,,zz� 5 Months NASCC Project Construction Calendar Days: 120 ,,zz� 4 Months Corpus Chr sti Engineering Questions? SC O� AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2018 NgHPO PPSE 1852 Action Item for the City Council Meeting of September 11, 2018 DATE: August 21, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director of Street Operations AndyL@cctexas.com (361) 826-1957 Contribution-In-Aid-of-Construction (CIAC) Agreement& Construction Contract Rodd Field Road Expansion (Bond 2014, Proposition 2) CAPTION: Motion to authorize execution of a construction contract with Haas-Anderson Construction of Corpus Christi, Texas in the amount of$15,236,240.05 for Base Bid No. 1 plus Additive Alternate No. 1, and execute a Contribution-In-Aid-of-Construction (CIAC) Agreement with AEP for street lighting (illumination) in the amount of $207,369.75 for the Rodd Field Road Improvements from Yorktown Blvd to Saratoga Blvd project. PURPOSE: This project reconstructs Rodd Field Road from Yorktown Blvd to Saratoga Blvd and widens the existing 2-lane roadway to a 4-lane roadway with center grass median and turning lanes. The project includes construction of a new Yorktown T-intersection, and new lighting (illumination) within the project limits. BACKGROUND AND FINDINGS: Rodd Field Road is currently a 2-lane rural road with roadside ditches, no sidewalks and inadequate illumination. The existing concrete pavement is in poor condition and beyond economic maintenance and repair. This section of Rodd Field is identified in the MPO bike mobility plan to receive separated Project No.:E15112 1 MANP Legistar No.:18-0968 Rev.3—08/21/18 sidewalks and cycle tracks. The project scope for the Rodd Field Road Bond 2014 Proposition 2 Project did not include complete lighting (illumination) upgrades or the construction of a new "- configuration" for the Rodd Field / Yorktown Intersection. In July 2016, City Council approved the sale of Certificates of Obligation to fund both the illumination improvements and the intersection reconfiguration. CONTRIBUTION-IN-AID-OF-CONSTRUCTION (CIAC) AGREEMENT: with AEP provides for the installation of 62 concrete street light poles with fixtures, underground wire, and connections within the project limits. The project provides for construction of a new 4-lane roadway with T-configured Yorktown intersection, new grassy median, turn lanes, curb & gutter, sidewalks, ADA ramps, cycle tracks, signage, pavement markings, illumination, and miscellaneous landscaping. Traffic signal improvements include upgrades to the existing Airline intersection signals and new traffic signals with poles, mast arms and equipment for the Yorktown Blvd intersection and the Brooke Road (additive alternate) intersection. Utility improvements include new underground storm water, water, wastewater and gas improvements. The project was developed with two Base Bids; Part 1 includes Hot-Mix-Asphalt-Concrete (HMAC) pavement and Part 2 includes Portland Cement Concrete (PCC) pavement. Both Base Bids include the following scope plus Additive Alternate No. 1, with respective pavement types: BASE BID: This Project includes the reconstruction of approximately 7,500 LF of Rodd Field Road from Saratoga Blvd Boulevard to Yorktown Blvd Boulevard and 1,700 LF of Yorktown Blvd Boulevard from Bay Drive to Geiger Drive with new HMAC (Base Bid 1) or PCC (Base Bid 2) pavement and new curb, median, concrete sidewalk, and cycle track. Also included are improvements and upgrades to the Storm Water, Water, Wastewater, Gas, and Lighting infrastructure, and Traffic Signals. Bidders submitted bids on either Base Bid 1 or Base Bid 2 or both. ALTERNATE 1: Additive Alternate No. 1 includes an allowance for a new Traffic Signal and associated intersection improvements at the Brooke Road and Rodd Field Road intersection. The allowance is based on the estimated cost for improvements with the detailed design and construction negotiations post- award, if approved. No additional Contract time will be allotted for Additive Alternate No. 1. On July 25, 2018 the City received proposals from six(6) bidders. Per Engineering Services protocol (see attached memo), an award recommendation for PCC pavement is made if PCC cost does not exceed $100,000 per lane-mile of the HMAC per lane-mile cost. This project includes approximately 5.76 lane-miles and therefore PCC shall not be more than $576,000 higher than HMAC pavement in order to be recommend for award. The cost of the HMAC low bid is $2,353,401 below the PCC lowest bid, therefore staff recommends the award of Base Bid 1 with HMAC Pavement plus Additive Alternate No. 1 for the Brooks Road intersection improvements. A summary of the bids is provided in the following tables: Project No.:E15112 2 MANP Legistar No.:18-0968 Rev.3—08/21/18 BASE BID 1 SUMMARY (HMAC) CONTRACTOR BASE BID 1 ADD. ALT. 1 TOTAL BID Haas-Anderson Construction, Ltd., $14,896,240.05 $340,000.00 $15,236,240.05 Corpus Christi, TX Berry Contracting, LP dba Bay Ltd. Corpus Christi, TX $15,462,866.55 $340,000.00 $15,802,866.55 J. Carroll Weaver, Inc. Sinton, TX $15,491,381.58 $340,000.00 $15,831,381.58 CPC Interests, LLC dba Clark Pipeline Services $16,984,197.36 $340,000.00 $17,324,197.36 Corpus Christi, TX JE Construction Services, LLC Corpus Christi, TX $23,108,395.39 $340,000.00 $23,448,395.39 Reytec Construction Resources, Inc. No bid No Bid No bid Houston, TX Engineer's Opinion of Probable Cost 1 $16,268,274.93 1 $340,000.00 $16,608,274.93 BASE BID 2 SUMMARY (PCC) CONTRACTOR BASE BID 2 ADD. ALT. 1 TOTAL BID Berry Contracting, LP dba Bay Ltd. Corpus Christi, TX $17,249,641.30 $340,000.00 $17,589,641.30 Reytec Construction Resources, Inc. Houston, TX $18,704,053.19 $340,000.00 $19,044,053.19 JE Construction Services, LLC Corpus Christi, TX $24,335,426.59 $340,000.00 $24,675,426.59 CPC Interests, LLC dba Clark Pipeline Services No bid No bid No bid Corpus Christi, TX J. Carroll Weaver, Inc. No bid No bid No bid Sinton, TX Haas-Anderson Construction, Ltd. No bid No bid No bid Corpus Christi, TX Engineer's Opinion of Probable Cost $20,338,336.68 $340,000.00 $20,678,336.68 SUMMARY TABLE CONTRACTOR BASE BID 1 + BASE BID 2 + ADD. ALT 1 ADD. ALT 1 Haas-Anderson Construction, Ltd. Corpus Christi, TX $15,236,240.05 No bid Berry Contracting, LP dba Bay Ltd., Corpus Christi, TX $15,802,866.55 $17,589,641.30 J. Carroll Weaver, Inc. Sinton, TX $15,831,381.58 No bid CPC Interests, LLC, Corpus Christi, TX $17,324,197.36 No bid JE Construction Services, LLC Corpus Christi, TX $23,448,395.39 $24,675,426.59 Reytec Construction Resources, Inc. No bid $19,044,053.19 Houston, TX Engineer's Opinion of Probable Cost $16,608,274.93 $20,678,336.68 Project No.:E15112 3 MANP Legistar No.:18-0968 Rev.3—08/21/18 ALTERNATIVES: 1. Authorize execution of CIAC and construction contract. (Recommended) 2. Do not authorize execution of CIAC and construction contract. (Not Recommended) OTHER CONSIDERATIONS: LJA Engineering, Inc. is the design engineer that was selected for this project under Request for Qualifications No. 2014-08. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2017 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street 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 $1,368,309.00 $18,578,388.04 $19,946,697.04 Encumbered / 1,368,309.00 1,368,309.00 Expended Amount This item 15,236,240.05 15,236,240.05 This item 207,369.75 207,369.75 Future Anticipated Expenditures This 2,993,394.90 2,993,394.90 Project BALANCE 0.00 $141,383.34 $141,383.34 Fund(s): Street Bond 2014, Street Bond 2016 CO, and Utilities RECOMMENDATION: Staff and LJA Engineering, Inc. recommend awarding the construction contract to Haas-Anderson Construction and executing the CIAC with AEP. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Contribution-In-Aid-of-Construction Agreement Engineering Services Memo — Pavement Recommendations dated June 2, 2017 Project No.:L15112 4 MANP Legistar No.:18-0968 Rev.3—08/21/18 PROJECT BUDGET ESTIMATE Rodd Field Road Improvements from Yorktown to Saratoga Bond 2014, Proposition 2 PROJECT FUNDS AVAILABLE: Bond 2014 Proposition 2..................................................................................... 9,600,000 Bond 2016 CO Yorktown Intersection.................................................................... 3,900,000 Bond 2016 CO Lighting...................................................................................... 475,235 Utilities............................................................................................................ 5,971,462 Water Capital Improvement Program................................................ 724,620 Storm Water Capital Improvement Program........................................ 5,152,396 Wastewater Capital Improvement Program......................................... 38,548 Gas Capital Improvement Program................................................... 55,899 TOTAL 19,946,697 FUNDS REQUIRED: Construction and Contingency Fees:..................................................................... 16,987,971 Construction (Haas Anderson Construction) (This Item) 15,236,240 Streets............................................................... 10,751,197 Water................................................................ 524,824 Wastewater......................................................... 27,919 Storm Water........................................................ 3,731,749 Gas................................................................... 40,486 Lighting.............................................................. 160,065 Construction (AEP) (This Item) 207,370 Contingency(10%)...................................................................... 1,544,361 Construction Inspection and Testing Fees:............................................................. 748,400 Construction Inspection (estimate)................................................. 598,400 Construction Materials Testing (estimate)........................................ 150,000 DesignFees:.................................................................................................... 1,368,809 Engineering (LJA Engineering)...................................................... 1,330,809 Geotechnical Study(Rock) .......................................................... 38,000 Reimbursements:.............................................................................................. 700,134 Contract Admin. (Engineering/Finance/Capital Budget)....................... 299,200 Engineering Services (Project Mgt/Constr Mgt)............................... 398,934 Misc. (Printing, Advertising, etc.).................................................... 2,000 TOTAL 19,805,314 ESTIMATED PROJECT BUDGET BALANCE 141,383 NUECES RIVER N NUECES BAY SCALE: N.T.S. NAMLLE CORPUS CHRISTI SHIP a LEOPARD O a' i 44 44 CORPUS CHRIST o 286 INTERNATIONAL F AIRPORT OK 358 S 4 N N� N CORPUS CHRISTI BAY P M m n 32 `O 16 S TEXAS A&M PROJECT LOCATION CABANISS OSO BAY aCORPUS CHRIST ELD Q NAVAL AIR STATO 43 865 FLOUR BLUFF 358 286 J ¢ �O O ry 2444 j O LAGUNA MADRE LOCATION MAP NOT TO SCALE Project Number: E15112 Rodd Field Road Improvements CITY COUNCIL EXHIBIT Saratoga Boulevard to CITY OF CORPUS CHRISTI,TEXAS Yorktown Boulevard DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Rodd Field Road Expansion BOND 2014 Proposition 2 Council Presentation August 28, 2018 x Project Location C*Chrsti Engineering N SCALE: N.T.S. t i i RODD FIELD ROAD `OapUs Cy�S 4 i *.sChlst, O m Project r r v _ y asz y ",., � :`� �'� �`''a�i�'��°',.��. � �s#,� ',/L-�� � •` � �...__� eta ! / M Street Improvements CW Corpus Chr Ad Engineering TRAVEL TRAVEL LAME LAME EXISTING GRASSY ALAAUEL rLAIIEL MEDIIAH rRAHEL VRA EL PROPOSED 4 Project Scope Corpus Chr sti Engineering Project includes full reconstruction and widening from rural 2-lane roadway to a 4-lane roadway to include: IMPROVEMENTS Pavement New Hot Mix Asphalt Concrete Raised center median Designated turn lanes T-configured intersection @ Yorktown Blvd. Traffic Signals New signals @ Yorktown Blvd./Brooks Street intersection (Add.Alt. 1) Upgrades @ Airline Road/Slough Road intersection Additions Curb&gutter,sidewalks,ADA compliant curb ramps Separated cycle tracks Signage&pavement markings Misc. landscaping Lighting Continuous illumination (62 light poles) Bid Award Analysis - Asphalt/Concrete Recommendation CorpusChrsti Engineering Protocol: Recommend award for Portland Cement Concrete (PCC) if, on a per lane-mile basis, the cost for concrete is no more than $100,000 greater than the cost for hot mix asphalt (HMAC). LOW BID PCC AWARD THRESHOLD Max Bid Linear Maximum PCC HMAC Difference Diff. Per Miles in Bid Linear Mile Project Difference $17,589,641 $15,236,240 $2,353,401 $100,000 5.76 $576,000 $2,353,401 >$576,000 Recommend award HMAC 6 IW Project Schedule Corpus Chr sti Engineering • • 2020 3rd Q 4th Q 1st Q 2nd Q 3rd Q Ah Q 1st Q 2nd Q 3rd Q 4th Q Bid Construction Project Estimate: 810 Calendar Days = 27 Months 114 820 Buffalo Street,Corpus Christi,Texas 78401 LJA ENGINEERING t 361.8878851 f 361.887.8855 LJA.com TBPE F-1386 TBPLS 10016600 August 3, 2018 City of Corpus Christi Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Mr. J. H. Edmonds, P.E. Director of Engineering Services Re: Rodd Field Road Improvements Yorktown Boulevard to Saratoga Boulevard (BOND 2014) Project No. E15112 RECOMMENDATION OF AWARD LJA Project No. C007-15025 Dear Mr. Edmonds: We have reviewed the bids received on July 25, 2018 for the Rodd Field Road Improvements Project ("Project"). The Project involves improvements to Rodd Field from Yorktown Boulevard to Saratoga Boulevard and Yorktown Boulevard from approximately Bay Drive to just beyond Geiger Drive, including full street reconstruction, traffic signal improvements at the Airline Road/Slough Road intersection and the Yorktown Boulevard intersection, new accessibility elements (i.e. sidewalks, curb ramps and cycle tracks), and improvements to the existing water, wastewater, storm sewer and gas infrastructure. The bidders for Base Bid No. 1 (HMAC Pavement) were Haas-Anderson Construction, Ltd. "H( AC"), Berry Contracting, LP dba Bay Ltd. ("Bay"), J. Carroll Weaver, Inc. ("Weaver"), CPC Interests, LLC dba Clark Pipeline Services ("Clark"), and JE Construction Services, LLC ("JE"). The bidders for Base Bid No. 2 (Concrete Pavement) were Berry Contracting, LP dba Bay Ltd. ("Bay"), Revtec Construction Resources, Inc. ("Revtec"), and JE Construction ("JE"). Note that Reytec's Bid Acknowledgement Form did not acknowledge Addendum No. 5, issued the morning of the bid, however, receipt was confirmed via CivCast. All bids have been evaluated and Bid Tabulations (attached) have been prepared for each Base Bid. Regarding Base Bid No. 1, the bid from HAC contained no math errors. The bid from Clark contained a minor math error and the bids from Bay, Weaver, and JE were corrected to account for a rounding discrepancy between the Bid Form and the CivCast spreadsheet. These corrections did not change the relative status of any bid. Additionally, Bid Item 1A1, Mobilization, from JE exceeded the maximum allowed 5% of Project Total, however, a reduction to the 5% limit would not change JE's status as high bidder for Base Bid No. 1. There were no corrections required to any Base Bid No. 2 submittals. LJA Engineering, Inc. F-1386 RECOMMENDATION OF AWARD LJA Project No.C007-15025 August 3,2018 Rodd Field Road Improvements—Yorktown to Saratoga—E15112 Page 1 of 2 In addition to their Bid Proposals, HAC, Bay, and Weaver have submitted documentation supporting the requirements of Section 00 45 16 Statement of Experience (attached). We have reviewed their Statements of Experience and found them to be complete. All three (3) bidders are local contractors with significant construction experience with the City of Corpus Christi. HAC and Bay have recently completed projects for the City of Corpus Christi that are similar to the Rodd Field Road Improvements Project. As noted above, the Bid was composed of Base Bid No. 1 utilizing HMAC pavement and Base Bid No. 2 utilizing concrete pavement. Each Bid also contained Additive/Alternate No. 1 for the provision of a Traffic Signal at the Brooke intersection, as well as lengthening the improvements to Brooke Road by approximately 100-feet in each direction. The total bid price of Additive/ Alternate No. 1 was specified as $340,000. The Contract Documents stipulate that the Project shall be substantially complete within 810 calendar days from Notice to Proceed (NTP) and establishes the liquidated damages amount at $2,000 for each day that expires after the specified substantial completion time. Additionally, the Contractor is required to complete Part I of the Project within 270 days of NTP, with a separate liquidated damages amount of$2,000 for each day that expires after that date. After review of the bid proposals and requisite additional documentation, LJA acknowledges that Base Bid No. 1 from Haas-Anderson Construction, Ltd. is the Lowest Bidder on the Project and meets the requirements for award of the Project. HAC submitted a Base Bid No. 1 in the amount of$14,896,240.05 and an Additive/Alternate Bid No. 1 of$340,000 for a total contract amount of $15,236,240.05. Based on the staff's confirmation that the budget is sufficient, LJA recommends that the City award the Project to Haas-Anderson Construction, Ltd. for the following amount: Base Bid No. 1 + Additive/Alternate No. 1 $15,236,240.05 If you have any questions, or require any additional information, please contact our office. Sincerely, 1<y Jeffrey C. Coym, P.E. Vice President JCC/dcr cc: Marisa Alaniz, EIT, Project Manager, City of Corpus Christi File Attachments: - Base Bid No. 1 Tabulation - Base Bid No. 2 Tabulation - Bid Proposals from Each Contractor (6 Total) - Section 00 45 16 Statement of Experience Documentation from Contractors (3 Total) LJA Engineering, Inc. F-1386 RECOMMENDATION OF AWARD LJA Project No.C007-15025 August 3,2018 Rodd Field Road Improvements—Yorktown to Saratoga—E15112 Page 2 of 2 AEP Texas Contribution-In-Aid-Of-Construction Agreement For Electric Distribution Service CITY OF CORPUS CHRISTI Service: RODD FIELD Mailing: 1201 LEOPARD ST CORPUS CHRISTI, TX Corpus Christi, TX 78401 Contract #: DWMS00000420496 Work Request #: 69272839 Date: 8/8/2018 You, CITY OF CORPUS CHRISTI (Customer) have requested AEP Texas (Company) to install/construct certain electric distribution facilities (hereinafter referred to as "Facilities") as follows:62 street light poles with 99 - 250 watt lights and affiliated infrastructure. The cost for construction/installation of the requested Facilities will be in excess of what would normally be provided by Company at no additional cost to the Customer to initiate service. In accordance with the Company's approved Tariff, as filed with the Public Utilities Commission of Texas, the Customer agrees to pay Company a one-time, non-refundable, Contribution-In-Aid-Of-Construction (CIRC) in the amount of 207,369.75. The Customer understands that he/she receives no ownership or control of the Facilities by virtue of the payment of the CIRC. The Facilities installed by the Company will remain the property of the Company. The Company expressly retains the right to use said Facilities for any purpose which Company deems appropriate under good utility practices, including the distribution of electric service to other customers. Company agrees to install facilities at Rodd Field Road between Saratoga and Yorktown Blvd, and the Customer agrees to provide affiliated facilities as agreed, payment of amount listed in contract as CIRC and to be ready to take electric service on or before 08/08/2019. It is understood and agreed that the Company will not begin construction/installation of the Facilities until full payment of the CIRC has been received by the Company; therefore, Customer understands and agrees that he/she needs to make full payment of the CIRC in sufficient time to allow for the construction/installation to be completed by the In Service Date. The pricing of the CIRC quoted herein is based on the specifics of the Customer's request, including the Customer's stated In Service Date, and must be accepted by the Customer by executing and returning to the Company this Agreement by 11/6/2018 to remain valid. Should Customer alter the request for facilities, or request a delay in (or is otherwise unable to take service by) the stated In Service Date, the Company reserves the right to update the pricing and require an additional CIRC payment to reflect any increases in cost due to the alteration in requested facilities or the delay in taking service, or both. Nothing contained herein shall be construed as a waiver or relinquishment by Company of any right it has or may hereafter have to discontinue service for default in the payment of any bill owing or to become owing hereunder or for any reason or cause allowed by law. By signing and returning this Agreement, Customer understands and accepts the above described terms and conditions. Customer Company Bernard Ross By By Signature: Signature: r, ©I1 Engineenng Title: Title: Date: Date: PLEASE >> Please remit To: American Electric Power DETACH >> Sandra Luna Company No: 211 STUB >> P.O. Box 2121 Contract No: DWMS00000420496 Corpus Christi, TX 78403 Customer No: 10010641 Date: 8/8/2018 AND » Bill To: Amount Due: 207, 369.75 RETURN >> CITY OF CORPUS CHRISTI 1201 LEOPARD ST WITH >> Corpus Christi, TX 78401 Amount Remitted: PAYMENT >> Contract No: DWMS00000420496 Date: 8/8/2018 PRO FORMA Customer No: 10010641 Purchase Order: 69272839 Description Quantity UOM Init Amt Net Amount 62 street light poles with 99 - 1.0 EA 207,369.75 207, 369.75 250 watt lights and affiliated infrastructure. Amount Due: 207, 369.75 oggus 0 a INFORMAL STAFF REPORT # RAO•►1 MEMORANDUM To: Margie C. Rose, City Manager Thru: Mark Van V1eck, P.E., Assistant City Manage Valerie H. Gray, P.E., Executive Director Public Works From: Jeff Edmonds, P.E., Director of Engineering Services - Date: June 2, 2017 Subject: CITY COUNCIL ACTION REQUEST (CCAR) April 25, 2017 BIDDING STREET BOND PROJECTS WITH BOTH PORTLAND CEMENT CONCRETE (PCC) AND HOT-MIX-ASPHALT-CONCRETE (HMAC) ISSUE: During the April 25, 2017 Councilmember Guajardo requested analysis on how to evaluate bids when projects are designed with both PCC and HMAC. BACKGROUND & FINDINGS: As per the attached memorandum, several of the Bond 2012 and Bond 20114 projects are being designed with both HMAC and PCC pavements. When projects are designed both ways, a 30-year design life is assumed, and the required pavement section is determined based on the Association of State Highway Transportation Officials (AASHTO) Guide for Design of Pavement Structures. Recommendations to City Council have historically been based on the lowest priced construction bid. The one exception is the Kostorytz Road project (2012 Prop 1). In the case of Kostoryz, the cost differential to award the concrete alternative was bid price for concrete was $35,489.85 or less than 0.5% of total project cost. That was an easy recommendation but does raise the question of how award recommendations will be made when the decision is a closer call. Life-Cycle Cost Analysis (LCCA): There is abundant literature on how to conduct LCCA relative to infrastructure investment alternatives. LCCA is a tool to help agencies make economically sound decisions when project alternatives have varying cost patterns over the asset's service life. LCCA seeks to incorporate a total cost approach that considers all relevant costs, rather than just up front cost, when evaluating alternatives. These analyses can become quite complex and involve hundreds of inputs. LCCA for HMAC versus PCC pavements: The Federal Highway Administration (FHWA) began promoting pavement. LCCA in the 1990'x. A great deal of research has been published on the application of LCCA to the question of HMAC versus PCC pavements. Various Departments of Transportation have developed LCCA policies and some have developed software to help with LCCA. Typically a large number of assumptions are required such as timing of future activities, costs of future maintenance, a discount rate for future cash flows, user impacts from future construction, etc. These analyses can become burdensome and may increase confusion. Potential Budget Impacts: While LCCA is useful to help agencies select alternatives with an overall lower cost, it does not address the budget impacts of doing so. It is assumed that PCC offers maintenance savings over HMAC pavements and that those savings support a decision to pay a certain premium for PCC pavement. The question still exists, though, of how to budget for that additional up front cost. The savings result from future maintenance cost reductions. Those savings are not currently available to fund a higher cost bid award. Current Bond programs do not have an allowance set aside for additional construction costs even if they are justified by LCCA. This issue will need to be addressed for future Bond programs. It may require increasing project budgets to allow for a certain percentage of projects to be awarded to the higher bid price alternative. RECOMMENDATION: Engineering Services has performed some preliminary LCCA comparing the maintenance cost differential between PCC and HMAC. The LCCA confirms that PCC provides maintenance cost savings over HMAC. The maintenance cost savings justify paying a higher construction cost for a PCC roadway. The maintenance cost savings with PCC are estimated at $100,000 per lane-mile ($14.201square yard). Where projects are designed and bid with HMAC and PCC, Engineering Services will consider those maintenance cost savings when making the bid award recommendation. If the PCC pavement bid alternate is within $100,000 per lane-mile of the HMAC bids, Engineering will recommend the PCC alternative. For illustration purposes, the recent Yorktown Boulevard project included approximately 6 lane- miles of total pavement surface when turn lanes, intersections and bike lanes are included. In that case, Engineering Services would have recommended paying up to an additional $600,000 for the PCC bid alternate. Since the bid price difference between PCC and HMAC was $1.7 million, Engineering recommended the HMAC alternate. FEBRUARY 2, 2017 INFORMAL STAFF REPORT (TRUNCATED FOR BREVITY) USC a �' .a INFORMAL STAFF REPORT 1852 MEMORANDUM To: Margie C. Rose, City Manager - Thru: Mark Van Vleck, P.E., Assistant City Manager4 Valerie H. Gray, P.E., Executive Director Public Works From: Jeff Edmonds, P.E., Director of Engineering Services Date: February 2, 2017 Subject: CITY COUNCIL ACTION REQUEST (CCAR) -- January 31, 2017 BIDDING STREET BOND PROJECTS WITH BOTH PORTLAND CEMENT CONCRETE (PCC) AND HOT-MIX-ASPHALT-CONCRETE (HMAC) ISSUE: During the January 31, 2017 City Council meeting, Mayor Pro Tempore Vaughn requested Staff to provide an informal report explaining past council directives relative to the selection of PCC or HMAC for street reconstruction projects. BACKGROUND & FINDINGS: BOND 201.2 PROJECTS: In late 2014, there was recognition that the majority of the Bond 2012 projects were under budgeted. Various strategies were considered to address the funding shortfall, A council resolution (see ATTACHMENT 1) was approved on February 17, 2015 that provided specific guidance on project deferrals, bicycle accommodative and pavement design. The pavement design guidance indicated that certain Bond 2012 projects were to be bid HMAC, others PCC and most were to be bid both HMAC and PCC. BOND 2034 PROJECTS: In April 2013 Council approved a Bond 2014 Execution Strategy that involved funding and initiating the project design efforts in advance of the Bond referendum. In July 2013, Council approved a Reimbursement Resolution to fund design efforts and directed staff to begin procuring design services for the streets listed on Proposition One of the Council-approved project list. Those design contracts were approved by City Council in early 2014. Consultants were directed to take the design effort to an Engineering Letter Report (ELR) level (see ATTACHMENT 2) in order to provide a better budget basis for the Bond referendum. Included in the scope of work for t1le Bond 2014 ELR's was a pavement lifecycle cost analysis and recommendation. Determining the required pavement section is primarily based the Assouation of State Highway Transportation Ofcials (AASHTO) Guide for Design of Pavement Structures The inputs include anticipated vehicle loads, the structural properties of the subbase soil, the desired reliability level and the desired service life. For the lifecycle cost analysis, equivalent pavement sections are developed for both HMAC and PCC using a 30-year service life. The lifecycle analysis is conducted for a minimum of 30 years considering the cost for initial construction, anticpated maintenance and major repairs at the end of the design life. In some cases, there are other factors that may ' drive a recommendation for HMAC or PCC such as underground utilities, driveway access requirements and compatibility with existing adjacent pavement. After the Bond 2014 referendum passed In November 2014, the design engineers were released to complete the designs for the Proposition One projects. The original guidance in late 2014 was to base the roadway design on the ELR pavement recommendation for each of the projects. That guidance has not been modified. Amendments have been negotiated on many of the Bond 2014 projects. Those amemdments; however, only addressed the Bicycle Mobility Plan recommendations and Value Engineering on drainage systems. Staff is unaware of any formal council direction to negotiate contract amendments to redesign Bond 2014 projects for both RCC and HMAC pavement structures. RESIDENTIAL RECONSTRUCTION: On December 13, 2016 Council passed a Motion of Direction (see ATTACHMENT 3) that the residential reconstruction pilot projects should be designed as both HMAC and PCC pavement structures. That direction was clarified during the December 20, 2016 meeting to Indicate that both designs were to be applied for full reconstruction projects and not situations where the existing pavement can be rehabilitated(see ATTACHMENT 4). SEPTEMBER 22, 2015 COUNCIL MEETING: During the January 131' 2017 City Council Retreat, the question was raised about a discussion that took place during the September 22, 2015 City Council meeting. There was a discussion of pavement design during the item awarding the construction contract for the Bond 2012 Proposition 1 Project-Williams Drive Phase 3 (see ATTACHMENT 5). During the discussion, a question was asked whether projects would continue to be bid both ways. There was perhaps a misunderstanding regarding the staff response to this question. Some council members may have considered this as a motion of direction to design all future projects with both HMAC and PCC pavement. The staff response was intended to mean that many of the future projects on both the 2012 and 2014 Bond Programs were being designed to bid both ways. Staff did not consider this discussion as formal direction to pursue design amendments for all Bond 2014 Projects that were not scoped at that time to bid with both HMAC and PCC pavement. NEXT STEPS: Staff will continue with the designs of the Bond 2012 projects In accordance with the February 2015 resolution. Additionally, staff has reviewed the Bond 2014 ELR recommendations and determined which projects could be designed with both PCC and HMAC without significantly Impacting the schedule. Staff is proposing to include three projects (current ELR's recommended HMAC) that will be re- scoped and designed to Include a PCC and HMAC pavement structure. This will Involve negotiation of staff-approvable contract amendments. The attached table (see ATTACHMENT 6) shows the currently proposed and recommended pavement structure for the Bond 2014 projects. BOND 2094 CURRENT AND PROPOSED PAVEMENT RECOMMENDATION ATTACHMENT 8 a 0 L N C U C 'L O Qj yN L d } a C i ! 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Pai a r o o c of C2. o c o ald er a,2 2 a 02 02 2 a s a � ala a a a e -T -W aeceeeaaecleeviceee m N M�r4 m NIM M M N M M M M M L°'a ro ro ro 9 Li v a 9 'a;M a a' v 'o ro /7 �pO pC D C aL pC C pC pC Cp aG pC pC I pCp'C pCp i L�'o C C pCo C \V m m i m g m m m m LO S $ S m m i mil mlm m m m m r ' I V C y i G a _ R 5 y pc �yAj G �I i W W C MOm = a cl mF E m m n = a m c 1.9 v c W Cal E b e� OC fC C t� 3a 'I C l E f fR 2 " p 4q 4 y .4 2 .47 .W Q > [� 4 u 2 .O: u u.. pppppppppttt I m .-1 Y7>J Rf H W r1l N Ki Ifl RI`e'/1 I W N m CI Orl ry H .�ti1 Q w1 N M H .�'�..e .i.M G. z W W W W W W W W W W W W W W W til W W W W W SC AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2018 NCOq PO PP`E� 1852 Action Item for the City Council Meeting of September 11, 2018 DATE: August 6, 2018 TO: President and Honorable Board Members, Corpus Christi Business and Job Development Corporation THROUGH: Keith Selman, Interim City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Professional Services Contract Kinney & Power Street Pump Station Improvements (CIP - Type A) CAPTION: Motion to authorize execution of a professional services contract with Urban Engineering of Corpus Christi, Texas in the amount $162,527 for Kinney & Power Street Pump Station Improvements project. PURPOSE: This project provides for an evaluation of downtown storm water collection system and the two existing pump stations (Kinney St. and Power St. Pump Stations) to determine the most cost- effective alternatives to increase pumping capacity and reliability. BACKGROUND AND FINDINGS: The downtown flood protection system is comprised of a storm water collection system with underground gravity lines that directly discharge into the Corpus Christi Bay (Bay) and Salt Flats Ditch. Some of the drainage flows are directed to two pump stations (Kinney and Power Street Pump Stations) that discharge into the Bay. The two pump stations are connected through a large concrete interceptor box that serves as additional underground storage and transfers flows to optimize capacity of both pump stations and basins. A third pump station, Hughes Pump Station, was previously contemplated to increase the pumping capacity for the downtown area but was not implemented due to cost considerations. Preliminary analysis by FEMA's consultant indicates that increasing the pumping capacity could help to increase flood resiliency downtown and reduce the BFE that will be shown on the ultimate Flood Insurance Rate Map (FIRM). Modeling indicates that the current system would not be keep up with inflows during a major storm ProjectNo:E16320 (Page 1) SW/C7 Legistar No.:18-0974 Rev.2—8/10/2018 event. The study under this item will determine if there are cost-effective alternatives to enhance the capacity of the existing pumping system. This project is an approved Capital Improvement Program (CIP) Public Health and Safety project that was approved by the Type A Board on August 20, 2018. Urban Engineering was selected through RFQ 2016-06. ALTERNATIVES: 1. Authorize execution of professional services contract. (Recommended) 2. Do not authorize execution of contract. (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: Water Utilities Department Type A Board FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 1,000,000 4,300,000 5,300,000 Encumbered / Expended Amount This item 162,527 162,527 Future Anticipated Expenditures This Project 291,500 291,500 BALANCE 837,473 4,008,500 4,845,973 Fund(s): Type A Funds RECOMMENDATION: Staff recommends execution of a professional services contract with Urban Engineering. Project No:E16320 (Page 2) SW/C7 Legistar No.:18-0974 Rev.2—8/10/2018 LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract ProjectNo:E16320 (Page 3) SW/C7 Legistar No.:18-0974 Rev.2—8/10/2018 Corpus Chr sti Engineering Kinney & Power Street Pump Station Improvements City Council Presentation August 28, 2018 Project Location CW "lot Corpus Chr Ad Engineering NUECES BAY N 191 SCALE:N.T.S. CORPUS CHRISTI Power St.Pump Station Kinney St. Pump Station CORPUS CHRISTI HAY say `vv ELD p� � cHAisn iss a OSO BAY Q (' Project Vicinity \ i Corpus Chr sti ' Engineering �' � Salt Flats Levee SCALE: N.T.S. .� �-- Power St.Pum Station t Water St.Interceptor Box Kinney St.Pum Station Sea Wall p. Downtown Watershed KINNEY AND POWER � STREET PUMP STATION ,�'t IMPROVEMENTS Project Scope "lot Corpus Chr sti Engineering Purpose: Evaluate downtown storm water collection system and the Kinney St. and Power St. Pump Stations to determine cost-effective alternatives to increase pumping capacity and reliability. • Preliminary analysis by FEMNs consultant indicates increasing pumping capacity could help increase flood resiliency downtown and reduce the BFE that will be shown on the ultimate Flood Insurance Rate Map (FIRM). • Previous modeling indicates the current system would not keep up with inflows during a major storm event. o A third pump station, Hughes St. Pump Station, was previously contemplated to increase pumping capacity for downtown, but not implemented due to cost considerations. o This study will determine if there are cost-effective alternatives to enhance the capacity of the existing pumping system. Project Schedule A� Corp*Ch, Engineering 2018 / 2019 CL '�^ V c C0 :z 0 LL ST DY Projected Schedule reflects City Council design award in September 2018 with anticipated completion in February 2019. PROJECT BUDGET ESTIMATE Kinney & Power Street Pump Station Improvements PROJECT FUNDS AVAILABLE: Type A Funds 5,300,000 TOTAL FUNDS AVAILABLE............................................................................................................. 5,300,000 FUNDS REQUIRED: ConstructionFees:.......................................................................................................................... TBD Construction (TBD)..................................................................................................... TBD Contingency (10%)................................................................................................... TBD Construction Inspection and Testing Fees:............................................................................................ TBD Construction Inspection TBD...................................................................................... TBD Construction Phase-Materials Testing Services ............................................................ TBD DesignFees:........................................................................................................ 162,527 Engineer(Urban Engineering)THIS ITEM................................................................... 162,527 Reimbursements:............................................................................................................................. 291,500 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)................................... 116,000 Engineering Services (Project Mgt)............................................................................. 174,000 Misc. (Printing,Advertising, etc.)................................................................................ 1,500 TOTAL.......................................................................................................................................... 454,027 ESTIMATED PROJECT BUDGET BALANCE...................................................................................... 4,845,973 NUECES BAY �oF N coRR/ SCALE: N.T.S. CORPUS HRISTI SHIP CHAN Power St. Pump Station C qR0 � LEOPARD QO ` Kinney St. Pump Station a z 44 @q RIS TI p //y 286 AL ti M GPr 358 a OR 0� 9� OC z Q��25' �F9 Fyti c� CORPUS CHRISTI BAY SJ�� 3Q' ti T e s,, 3� °gRp�F o<</yqR Fs CC TEXAS A&M UNIVERSITY oti yO�GY CORPUS CHRISTI O� Q 358 ZZ �SgRgT3�m Mc,q O O Q� Gq Q1 CABANISS i OSO BAY QC;FIELD <v Q N Qv O �v k� 43 Q oa FLO 2 358 286 s �2 w Q Z J 40 O�O� 2444 °Reno wN LOCATION MAP NOT TO SCALE Project Number: E16320 KINNEY AND POWER CITY COUNCIL EXHIBIT STREET PUMP STATION CITY OF CORPUS CHRISTI,TEXAS IMPROVEMENTS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E16320 - Kinney & Power Street Pump Station 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, 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 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 necessaryfor the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Civ. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A;;Ad A- 4—It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 2 of 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 $162,527. 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 11 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 te the expiratie—A date Af the prier term. ARY FeRAWAls; AhAll htQ At thtQ SAMA tArMS AR GE)RditieRs, plus aR" Contract for Professional Services Page 4 of 11 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 attorneyfees 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 11 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 11 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 11 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 11 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 11 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 11 need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of anyArticle, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI URBAN ENGINEERING Jeff H. Edmonds, P. E. Date James L. Urban, P.E. Date Director of Engineering Services Principal 2725 Swantner Corpus Christi, TX 78404 (361) 854-3101 Office (361) 854-6001 Fax APPROVED Assistant City Attorney Date ATTEST City Secretary Date Fund Name Accounting Account No. Activity No. Amount Unit Seawall Maintenance 3271-707 550950 E16320-01-3272-EXP $162,527.00 Total $162,527.00 Contract for Professional Services Page 11 of 11 URBAN Job No. 36688.B700 ENGINEERING July 26, 2018 TRANSMITTED VIA EMAIL Mr. Jeff Edmonds, P.E. (Revision No. 7) Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Subject: Kinney and Power Street Pump Station Improvements City Project No. E16320 Dear Jeff: We are pleased to submit to you a proposal to provide engineering services for possible interim solutions for the downtown drainage system. The downtown flood protection system relies on two pump stations, Power Street Pump Station and the Kinney Street Pump Station, to service this drainage basin during a significant storm event. Previous designs and studies for Downtown Drainage projects included a new storm water concrete interceptor box with new inlets that was constructed in 2007 along Water Street to allow transfer of flows between the two stations, and replacement of the Kinney Street pump station in 2009. Preliminary studies indicate that a third pump station is required to meet the 100-year flood event in the downtown area. This project is to evaluate the present requirements and capacity and to determine the feasibility of interim solutions to maximize the capacities of the Power Street and Kinney St. Pump Stations before adding the major investment of a third downtown stormwater pump station. SCOPE OF SERVICES Urban Engineering proposed to provide the following scope of services for this project. Task 1: Workshop and Meetings (T&M Allowance): 1. Initial Assessment and Improvements Presentation Meeting: Upon completion of Tasks 2 to 3 (see below), Urban Engineering and Sub-Consultants (AE Team) will participate in a workshop with the City to review current drainage conditions and previous recommendations for pump station improvements. This workshop will help define the project goals and establish the basis for the evaluations performed under Tasks 4 through 5. 2. Meet with City to review Draft Improvements Technical Memorandum: As part of Tasks 4 and 5 (see below), AE Team will participate in a meeting with the City to discuss preliminary findings and recommendations for improving pump station capacity. 3. Meet with City to review Final Improvements Technical Memorandum: As part of Tasks 4 and 5 (see below), AE Team will participate in a meeting with the City to discuss final findings and recommendations for improving pump station capacity. (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TBPE Firm#145 EXHIBIT A TBPLS Firm#10032400 Page 1 Of 5 Mr. Jeff Edmonds, P.E. July 26, 2018 Page 2 of 5 Task 2: Site Visits Schedule and conduct site visits to the Power St. Pump Station and Kinney St. Pump Station. Site visit to include downtown drainage storm water pump station operations personnel from the City to discuss operations and mechanical conditions of existing pump stations. Task 3: Initial Assessment of Current Conditions Team will review and assess the XPSWMM 1 D/2D model previously developed by HDR and presented in their November 2016 Technical Memorandum. If any issues or errors are encountered during this model review, remedies will be discussed with the City. If any issues are identified, additional effort necessary to correct these issues in the model would be addressed through a fee amendment. This scope of work assumes no substantive updates or improvements to the existing model are necessary. Through application of the updated baseline conditions model developed as part of the 2016 assessment, evaluate the following drainage improvement concepts that were recommended in the November 2016 Technical Memorandum: a. Upsize the storm drain system on Kinney Street. b. Improve drainage within the Salt Flats area with a relief box system along Resaca Street. c. Upsize the storm drain system on Lawrence Street. Note that these three improvement concepts were previously modeled for the 1% annual chance event (ACE), but not for the 10%, 4% and 2% ACE's. The modeling proposed herein will provide the 10%, 4% and 2% results. The design rainfall depths used in HDR's 2016 study will be adopted for this study as well. If directed by the City, Draft/Final Atlas 14 design rainfall depths could be used in place of the previous design rainfall depths. Results of the modeling will be applied to assist with development of a conceptual-level opinion of probable construction cost (OPCC) and benefit/cost (B/C) ratio for each of the three improvement concepts for each of the three improvement concepts for the 1%, 10%, 4% and 2%ACEs. Parcel data with property values will be researched and obtained by the Urban Engineering from the Nueces County Appraisal District. An evaluation will be provided of the general conditions of the existing pump station equipment at Power Street and Kinney Street Pump Stations in terms of the equipment's operational capacity and potential for adding additional pump(s) to increase capacity. In addition, existing conditions will be assessed and recommendations provided for any repairs currently required to the pump station and/or equipment. Results of Task 3 will be presented as a Power Point Presentation to the City as part of the workshop described under Task 1. Task 4: Power St. Pump Station Evaluation Develop and evaluate up to three (3) alternatives for interim solutions to maximize the pumping capacity of the Power St. Pump Station to explore reductions in the 10%, 4%, 2%, and 1% Annual Chance Event (ACE)flood depths at priority areas within the downtown flood protection system. These "priority areas" were previously defined by the City for evaluation in the November 2016 Technical Memorandum. Evaluation of these three concepts will be accomplished by applying the updated XPSWMM model (where applicable)to help explore the following potential improvements: 1. Larger pumps. 2. Different impellers that may be available for existing pumps. 3. Increased pump RPM. 4. New parallel discharge outfalls. 5. Magnitude of storm system improvements (size, limits) needed for realization of meaningful benefits. 6. Different combinations of pump station improvements and storm system improvements. (See limitation below on number of alternatives to be modeled.) 7. Other system operation improvements. EXHIBIT A Page 2 of 5 Mr. Jeff Edmonds, P.E. July 26, 2018 Page 3 of 5 Prior to application of the hydraulic model, potential benefits of the seven potential improvements will be explored based on desktop evaluations and then prioritized. Some of the improvements may be combined into one overall improvement concept. Up to three overall improvement concepts will then be carried forward for evaluation with the numerical model. The modeling under Task 4 will be limited to three alternatives for a total of 12 runs (four storm events per alternative). Results of the modeling will be applied to assist with development of a conceptual- level OPCC and B/C ratio for each of the three improvement concepts. Task 5: Kinney St. Pump Station Evaluation Develop and evaluate up to three (3) alternatives for interim solutions to maximize the pumping capacity of the Kinney St. Pump Station to explore reductions in the 10%, 4%, 2%, and 1% Annual Chance Event (ACE)flood depths at priority areas within the downtown flood protection system. These "priority areas" were previously defined by the City for evaluation in the November 2016 Technical Memorandum. Evaluation of these three concepts will be accomplished by applying the updated XPSWMM model (where applicable)to help explore the following potential improvements: 1. Larger pumps. 2. Different impellers that may be available for existing pumps. 3. Increased pump RPM. 4. New parallel discharge outfalls. 5. Magnitude of storm system improvements (size, limits) needed for realization of meaningful benefits. 6. Different combinations of pump station improvements and storm system improvements. (See limitation below on number of alternatives to be modeled.) 7. Other system operation improvements. Prior to application of the hydraulic model, potential benefits of the seven potential improvements will be explored based on desktop evaluations and then prioritized. Some of the improvements may be combined into one overall improvement concept. Up to three overall improvement concepts will then be carried forward for evaluation with the numerical model. The modeling under Task 5 will be limited to three alternatives for a total of 12 runs (four storm events per alternative). Results of the modeling will be applied to assist with development of a conceptual- level OPCC and B/C ratio for each of the three improvement concepts. Task 7: Deliverables 1. Prepare a Technical Memorandum (TM) documenting the results of Tasks 1 through 5. a. Submit two (2) Draft TM hard copies with one (1) CD containing all digital data. b. Following Draft TM meeting with City, submit response to the Draft TM comments will be submitted to the City in digital format only. c. Upon approval of response to comments, submit two (2) Final TM hard copies with one (1) CD containing all digital data. Other: Scope Of Work Assumptions And Limitations. Urban Engineering's proposal for the services and fee described herein is based on the following assumptions and limitations: 1. Workshops and meetings will be held at the City's office. 2. During the course of this study, any errors or issues identified in the HDR's previous 2016 XPSWMM 1 D/2D model will be addressed with the City and resolved through a fee amendment if necessary. It is assumed at this time that substantive updates to the previously developed model are not necessary. EXHIBIT A Page 3 of 5 Mr. Jeff Edmonds, P.E. July 26, 2018 Page 4 of 5 3. The Opinion of Probable Construction Cost (OPCC) and Benefit/Cost (B/C) ratios will be developed on the basis of the AE Team experience and qualifications and will represent our judgment as experienced and qualified professional engineers generally familiar with this industry. However, because the AE Team has no control over the costs of labor, materials, equipment, or services furnished by others, or over the contractor's methods of determining prices, or over competitive bidding and market conditions, the AE Team cannot and does not guarantee that proposals, bids, or actual project costs will match the OPCC. If City desires greater assurance on probable construction costs, consideration should be given to retaining an independent cost estimator. 4. Record drawings will be provided by the City for any relevant projects completed since the November 2016 Technical Memorandum: 2D Hydraulic Model of the Downtown Seclusion Area. However, it is believed that there have been no projects completed since the development of HDR's 2016 model which would require updates to the model. 5. Modeling Limitations: - This contract fee assumes that HDR's 2016 XPSWMM 1 D/2D model can be run in a reasonable time, not to exceed four hours per scenario. - Alternatives identified for the modeling task will be evaluated in the previously-developed Downtown XPSWMM 1 D/2D model to determine hydraulic impacts only. No hydrology modifications will be made to the existing model. - XPSWMM 1 D/2D modeling will be performed for a concept-level of detail. Therefore, inlet capacity of local storm systems will not be considered in the modeling efforts. Inlet requirements, if needed, will be determined through other methods. - Only major storm trunk system improvements will be evaluated. - Flood inundation mapping will be processed using the available USGS 2011 LiDAR topographic data. - Wave overtopping and outlet conditions will reflect current sea level conditions only. Future sea level rise will not be considered in this evaluation. - The number of alternatives modeled under Tasks 4 and 5 will be limited to three per task (for a total of six alternatives), with four runs per alternative (i.e., one run for each of the 10%, 4%, 2%, 1% ACE flood conditions). Additional Services The following is being listed as an Additional Services and will require separate authorization to proceed with the work described. 1. The Harbor Bridge Relocation Project (HBRP) is currently being designed and constructed by others for TxDOT. The HBRP is expected to have drainage impacts within the Salt Flats and Bayfront areas, which could in turn impact drainage to the Downtown Bayfront area. The existing XPSWMM 1 D/2D model developed for the November 2016 Technical Memorandum (mentioned above) does not include changes resulting from the HBRP. Once the preferred drainage improvements are known, and if so authorized by the City, the XPSWMM 1 D/2D model will be updated for the new topography and drainage network to reflect the HBRP conditions, and then re- run the model with the preferred drainage improvements. Details on the updated topography and drainage network for the HBRP will be provided by the City and/or obtained from TxDOT. A single model update will be performed based on these new conditions. Only one drainage improvement concept will be modeled for the HBRP condition; additional concepts would require additional fee. Results of the additional hydraulic modeling, a conceptual-level OPCC and Benefit/Cost ratio for the selected improvement concept,will be presented in the technical memorandum prepared under Task 6 (or an addendum to the memorandum, depending on timing). If available at the start of the project, the drainage changes resulting from the HBRP will be incorporated into the model as part of Basic Services Task 3, and all drainage improvement concepts will be modeled including the HBRP conditions. EXHIBIT A Page 4 of 5 Mr. Jeff Edmonds, P.E. July 26, 2018 Page 5 of 5 PROJECT SCHEDULE Date Activity Notice To Proceed NTP 2.5 Weeks from NTP Task 1: Initial Assessment&Kickoff Meeting 15 Weeks from NTP Task 1: Prel Technical Memo Workshop 4 Weeks from NTP Task 2: Pump Station Site Visits 9 Weeks from NTP Task 3: Initial Assessment of Current Conditions 15 Weeks from NTP Task 4: Power St. Pump Station Evaluation 15 Weeks from NTP Task 5: Kinney St. Pump Station Evaluation 22 Weeks from NTP Task 6: Presentation of Final Project Deliverables We propose to perform the services described in the above Scope of Services for a lump sum fee of$146,302. If authorized, we will also perform the services described in the Additional Services for a lump sum fee of$16,225. A summary of fees is provided in the following: Basic Services Fees 1. Workshop/Meetings/Proj. Management(T&M Allowance) $30,776 2. Pump Station Site Visits $7,270 3. Initial Assessment of Conditions & Recs $39,883 4. Power St. Pump Station Evaluation $19,356 5. Kinney St. Pump Station Evaluation $19,356 6. Deliverables & Expenses $29,661 Subtotal Basic Services Fees $1461302 Additional Services Fees 1. Harbor Bridge Relocation Drainage Impact Evaluation (authorization required) $16,225 Sub-Total Additional Services Fees $16,225 Total Fee $162,527 We request that the City prepare an AE Contract for the fees noted for us to provide the engineering services necessary to accomplish this work. Should you have any questions please let me know. Sincerely, URBAN ENGINEERING VVk,L Mark Maroney, 7P. E. MMI Enclosure xc: Sarah West, P.E. —Engineering Services via email EXHIBIT A Page 5 of 5 a) p Q Q 0 0 0 0 0 0 0 0 0 0 0 0 _ O O O O M O o 0 m m m LO M LO O d Q 0 0 0 0 0 LO 0 0 ~ ~ ~ O O O M E sco iO LO M N M N U Nd O o U a� LU -0 fl � Q (1) O O O O O O O O Q Q Q O O O O E E D O O 00 O o 0 o m m m o 0 0 0 `E (D (1) = 0 0 0 0 0 0 o ti F- F- F ti o I` ti 0 Of V 64 O LO O LO O N N LO �t 0 _ Lf) I-- L() I-- L() CO N O) 6 Ldl It Ldl 4' ami I E R 69 69 09 Ef? 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Q .� � 4�., a) m a) O = a� u� cv °� U cv O O cz cB m IL p m U U) Q d d 0 CO CO fn m Q F- Z Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 Rev 04/17 EXHIBIT C Page 1 of 3 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 EXHIBIT C Page 2 of 3 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 EXHIBIT C Page 3 of 3 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 SC AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2018 NgHPO PP`E� 1852 Action Item for the City Council Meeting of September 11, 2018 DATE: July 19, 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 Jay Ellington, Director of Parks and Recreation jayell@cctexas.com (361) 826-3042 Gina Sanchez, Marina Superintendent GinaS@cctexas.com (361) 826-3498 Professional Services Contract McGee Beach Nourishment - Boat Basin Dredging (CIP - Type A) CAPTION: Motion to authorize execution of a professional services contract with Lockwood, Andrews & Newman, Inc. of Corpus Christi, Texas in the amount of $186,100 for the McGee Beach Nourishment - Boat Basin Dredging project. PURPOSE: This contract provides bathymetric survey, USACE permitting, and design services, which will result in a dredging construction contract to restore the Downtown Marina boat basin to original depths. BACKGROUND AND FINDINGS: The shoaling at the primary entrance through the breakwater structure and in the southern end of the boat basin is resulting in shallow waters creating a hazard to navigation for the Marina. Periodic dredging is required to remove the sand and other unconsolidated material. The suitable Project No:E16321 (Page 1) SW/C7 Legistar No.:18-0970 Rev.2—7/19/2018 materials can be used for nourishment of McGee Beach. This item provides bathymetric survey, United States Army Corps of Engineering (USAGE) permitting, and design documents for dredging and proper disposal and/or reuse of dredged material. For cost efficiency and consistency in design, permit coordination, and construction, this project will be combined with the Marina Breakwater structural improvements project. The combined project minimizes disruption to the Marina operations, tourists, and local citizens who utilize the facilities. USACE permitting is required for dredging in any navigable waters, and for the disposal of the dredged material. The Marina Breakwater structural improvements project also require a USACE permit for planned structural repairs. This project is an approved Capital Improvement Program (CIP) Public Health and Safety project that was approved by the Type A Board on August 20, 2018. ALTERNATIVES: 1. Authorize execution of the professional services contract. (Recommended) 2. Do not authorize execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: This item was presented to the Corpus Christi Business and Job Development Corporation (Type A Board) on August 20, 2018 and they voted to recommended City Council approve this contract. 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: Type A Board Municipal Marina 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 1,300,000 1,500,000 Encumbered / Expended Amount This item 186,100 186,100 Future Anticipated Expenditures This Project 36,000 36,000 BALANCE 13,900 1,264,000 1,277,900 Project No:E16321 (Page 2) SW/CJ Legistar No.:18-0970 Rev.2—7/19/2018 Fund(s): Type A Funds RECOMMENDATION: City Staff recommends the execution of a professional services contract with Lockwood, Andrews & Newman, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Project No:E16321 (Page 3) SW/C7 Legistar No.:18-0970 Rev.2—7/19/2018 Corpus Chr sti Engineering McGee Beach Nourishment - Boat Basin Dredging Type A Sales Tax - Seawall _i Council Presentation i August 28, 2018 Project Location CW �? Corp*Chr Engineering 151 N CORPUS CHRISTI ` McGEE BEACH SCALE:N.T.S. NOURISHMENT/ BOAT BASIN DREDGING CORPUS CHRISTI BAY fJ �Sp OSOpBAY eHAisn a�Al s• u FLOUR BELIEF �o OF' z+aa �a0 911991Project Vicinityus Chr sti Engineering ,;r N "a eoples5tT-Head MARINA BOAT BASIN m--- DREDGING RW aWrence 3t T-Head MARINA BREAKWATER STRUCTURE ersRlle • MARINA BOAT BASIN DREDGING •srrl�j�. T, m McGEE BEACH NOURISHMENT E16321-McGEE BEACH " �•" NOURISHMENT/ BOAT BASIN DREDGING eProjJect Sco p Corpus Chr sti �T Engineering • Shoaling in Downtown Marina entrance and southern end of boat basin results in navigation hazard. o Dredging planned to improve navigation o Dredge material used to nourish McGee Beach if suitable quality • Combine dredging/nourishment plans into Marina Breakwater structural improvements project. o Cost efficiency and consistency in design, permit coordination, and construction o Minimize disruption to Marina operations, tourists, and local citizens who utilize facilities • USACE permitting required for the following activities, and a major component of this item. o Dredging in navigable waters o Disposal of dredged material o Structural repairs of the Breakwater Project Schedule Corp*Ch, Engineering / • / 2020 SONDJ FMAMJ J Aso N D J F M A M Design Bid/ Construction g Award Projected Schedule reflects City Council award in September 2018 with anticipated completion in May 2020. PROJECT BUDGET ESTIMATE McGee Beach Nourishment-Boat Basin Dredging Type A Sales Tax-Seawall PROJECT FUNDS AVAILABLE: Type A Sales Tax -Seawall 1,500,000 TOTAL FUNDS AVAILABLE..................................................................................... 1,500,000 FUNDS REQUIRED: Construction Fees:................................................................................................... TBD Construction (TBD).............................................................................. TBD Contingency (10%)........................................................................... TBD Construction Inspection and Testing Fees:.................................................................... TBD Construction Inspection TBD............................................................... TBD Construction Phase-Materials Testing Services .................................... TBD DesignFees:........................................................................................................ 186,100 Engineer(Lockwood,Andrews& Newnam)...THIS ITEM........................ 186,100 Reimbursements:..................................................................................................... 36,000 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) ........... 30,000 Engineering Services (Project Mgt) .................................................... 4,500 Misc. (Printing,Advertising, etc.)......................................................... 1,500 TOTAL.................................................................................................................., 222,100 ESTIMATED PROJECT BUDGET BALANCE............................................................... 1,277,900 NUECES BAY N SCALE: N.T.S. c O,�'R/pOR CORPUS CHRISTI SHIP CHANN PROJECT LOCATION � I Qom � LEOPARD 1 O J a z @,y ZO <ph/N 286 MORGP O 358 j 00 �l O z CORPUS CHRISTI BAY ti O� �2� �OgRp�F c0<4ygR `�iP ,`o � Sp 020 .40 OCFq'Y TEXAS A&M UNIVERSITY CORPUS CHRISTI 358 ZZ Q� �SgRgr°cg3�m �r� Mc�Rp�F O B � NISS �,� � FIELD i OSO BAY Q NAVAL Qv ° �v 4� FLOUR B 2 358 286 s �QO w �Q Q 0� Q LOCATION MAP NOT yOR�ro w Project: E16321 McGee Beach Nourishment and CITY COUNCIL EXHIBIT Boat Basin Dredging CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E16321 - McGee Beach Nourishment - Boat Basin Dredging This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and Lockwood, Andrews and Newnam, Inc. (LAN), a Texas Corporation, 500 N. Shoreline Blvd., Suite 500, Corpus Christi, Texas 78401(Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Contract for Professional Services Page 1 of 12 ARTICLE I –SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the% of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessaryfor the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as 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 $186,100.00 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 tArMS AR GE)RditieRs, plus aR" Contract for Professional Services Page 4 of 12 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Contract for Professional Services Page 5 of 12 Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Contract for Professional Services Page 6 of 12 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the Contract for Professional Services Page 7 of 12 documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed Contract for Professional Services Page 8 of 12 diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services Page 9 of 12 ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you Contract for Professional Services Page 10 of 12 need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of anyArticle, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI LOCKWOOD, ANDREWS & NEWNAM, INC. Jeff H. Edmonds, P.E. Date Steven A. Gilbreath, P.E. Date Director of Engineering Services Associate 500 North Shoreline Blvd., Ste 905 Corpus Christi, TX 78401 (361) 882-2257 Office smharris@Ian-inc.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Page 11 of 12 Fund Name Accounting Account Activity No. Amount Unit No. Seawall Maintenance 3271-707 550950 E16321-01-3271-EXP $186,100.00 Total $186,100.00 Contract for Professional Services Page 12 of 12 nLockwood,Andrews &Newnam, Inc, A LEO A DALY COMIPAVY ATTACHMENT A - SCOPE OF WORK A. Task Management LAN will provide project management / controls for tasks listed below. This work will involve general task management duties such as status reporting, scheduling of manpower and project deliverables, staff assignments, internal coordination meetings and quality control based on LAN's pre-established QC program. LAN has included expenses for (2) meetings to discuss items pertaining to this amendment. The first meeting is for travel to USACE Galveston District for a permitting discussion and the second meeting is for travel to City hall for permitting coordination. B. Dredging Design LAN will review the existing bathymetric contours around the (2)shoaling areas noted in Figure No. 1 shown below, which has been provided by the City. Dredging plans will be developed to restore the basin floor to the original dredged elevations with new dredge contours tied into the adjacent contours of the basin floor. LAN will assist the City with determining a suitable location to place the dredged spoils. Two options will be considered, which include placement on McGee Beach adjacent to the site depending on the soil quality / capability and the other in an approved Dredge Material Placement Area (DMPA). f �r Figure No.1 Frontier Surveying, Inc. (FSI) will perform survey work at the basin entrance to support this task. The survey will include both bathymetric and topographic surveying work. The breakwater surface and approximate limits of the rubble will be delineated to aid with preparation of the construction documents and the bathymetry will extend on both sides of the breakwater. McGee Beach which is adjacent to the site will be surveyed in support of the potential beach placement of dredge material. The City informed LAN that Texas A&M at Corpus Christi (TAMU-CC)surveys McGee Beach on a regular basis. LAN will contact TAMU- CC and review the available survey data. If after review of the survey data, it is determined by LAN, further surveying is required at McGee Beach, LAN will recommend an additional survey to be performed as an additional service. This additional service will require authorization by the City. EXHIBIT A Page 1 of 6 nLockwood,Andrews &Newnam, Inc. A LEO A DALY COMPANY LAN will provide coordination services concerning the geotechnical requirements for the dredging portion of the project. It is assumed the City will select and contract with the geotechnical engineer. LAN will provide the following during this coordination. • Boring plan showing locations of additional recommended borings. • Provide recommendations in support of the dredging design (in an electronic mail format) for the field exploration, laboratory testing and geotechnical analysis for input into the City prepared scope of work document. Deliverables for this task include the dredging plans and specifications, which will be included in the 60% and 100% submittal for the overall project. The dredging design criteria will be shown on the 60% design drawings. C. Permitting At the request of the City, LAN performed a review of the permitting requirements for the project and concluded that a permit is required to complete the project. There are two aspects of permitting authority pertaining to this project. The first pertains to submerged state land, which the City has provided documentation. The City holds a historical deed from the State of Texas for the breakwater alignment. The second pertains to the waters above and around the breakwater, which the USACE (United States Army Corp of Engineers) has jurisdiction. Rehabilitation of the breakwater will require USACE notification of the changes to the breakwater and the sediments that will be dredged. LAN reviewed the beach nourishment permit and determined the City is permitted in hauling materials from a specific supplier. However, the City is not permitted to hydraulically or mechanically place dredge material on the beach. This action will require an amendment to the existing permit. BioWest, Inc. (BWI) will perform permitting services to support this project. The permitting services will include the following: • Authorization from the USACE for the rehabilitation of the breakwater. • Modify the existing beach nourishment permit to allow for the hydraulic or mechanical disposal of dredge material onto the beach (if material if suitable). • Permit the disposal of the dredged material in a DMPA (Dredge Material Placement Area) if not suitable for beach nourishment. • Permit the dredging of the sediments that have accumulated on the marina side of the breakwater in (2) areas. BWI has proposed (2) permitting strategies as shown below to complete the above permitting services. • Strategy A (Non-notifying NWP (Nation Wide Permit) 3 for breakwater repair and SIP (Standard Individual Permit)Amendment for dredging and nourishment) • Strategy B (Standalone SIP for all potential actions) BWI will proceed with Strategy A as the primary strategy. If during discussions with the agencies with jurisdiction, a different direction is required, Strategy B is proposed as an additional service and will require authorization by the City. Regardless of which strategy is pursued, the field work associated with the permitting process will be performed. The field EXHIBIT A Page 2 of 6 nLockwood,Andrews &Newnam, Inc, A LEO A DALY COMPANY work required pertains to seagrass, oyster bed and wetlands delineation requirements required by the USACE and other agencies. The sediments that will be dredged require testing for containments and for compatibility with the existing sand on McGee beach. If the material is not suitable for beach nourishment, then an alternate placement location will be determined. The City Geotechnical Engineer will perform this sampling and testing and BWI will prepare a USACE Sampling and Analysis Plan (SAP) for the placement of dredged materials within a designated DMPA. BWI will assist in the coordination of the DMPA location for the dredge disposal. D. Opinion of Project Cost (OPPC) LAN will perform conceptual cost estimating to determine opinion of probable project cost for the breakwater rehabilitation project during the Design Memorandum, 60% design and 100% task. The OPPC will include the estimated dredging cost for the project. Opinions of probable project cost will be made based on LAN's experience and qualifications and represent our judgment as an experienced and qualified professional generally familiar with the industry. However, since we have no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, LAN cannot and does not guarantee that proposals, bids, or actual project cost will not vary from opinions of probable costs submitted. If the Owner wishes greater assurance as to probable costs consideration should be given to retaining an independent cost estimator. E. Proposal Clarifications • The City to provide electronic design documents (if available)of the original basin construction to support the development of the dredging design. • The City will provide LAN with any permits that pertain to the project area. • Excludes the following engineering design services: o Geotechnical engineering and field investigations. o Sampling and testing of dredge spoils to meet state or federal disposal requirements. However, LAN will review the results of the sampling and testing of the sediments performed by the City's Geotechnical Engineer to help facilitate the proper placement of the sediments. EXHIBIT A Page 3 of 6 Lockwood,Andrews n &Newnam, Inc, A LFO A DALY COMPANY F. Deliverables The following table summarizes the overall deliverables required during the project. The dredging design will be incorporated into design documents developed for project E16318. All submittals shall include (2) hard copies. List of Engineering Submittals: Submittal Submittal Description: Item: Permitting: Permit One electronic copy (in PDF format via email) of 11x17 drawings Package and 8.5 x 11 documents of the Permitting package. The submittal Submittal will be submitted in a draft format for City to review and provide comments. LAN will incorporate comments and issue the final documents to the agency with jurisdiction for review. LAN has included time for one round of review by City of the documents. Dredging Incorporated into Project E16318 60% Design One electronic copy (in PDF format via email) of 11x17 drawings and Package 8.5 x 11 documents of the OPPC, Bid Form Specifications Table of Contents and any Technical Specifications. The submittal will be submitted in a draft format for the City to review and provide comments. LAN will incorporate comments during the 100% design task. LAN has included time for one round of review by the City of the documents. 100% Design One electronic copy (in PDF format via email) of 11x17 drawings and Package 8.5 x 11 documents of the OPPC, Bid Form and Specifications. The submittal includes an Interim 100% deliverable of the project documents for City review. Comments provided by the City will be incorporated into a final project document (Engineer signed /sealed) format ready for the City to issue for bid. LAN has included time for review of the 100% interim project documents. EXHIBIT A Page 4 of 6 nLockwood,Andrews &Newnam, Inc, A LEO A DALY COMP;\VY G. Schedule The following table summarizes the permitting task schedule and the revised overall project schedule for project E16318. The permitting task has been separated from the overall project schedule, allowing the permitting task to proceed without affecting the project schedule if delays are experienced during the permitting process. The overall schedule for project E16318 has been revised to include the dredging task. Permitting Schedule Week Weeks Item No Task Description Task Cumulative Project Duration Schedule 1 NTP (Amendment No. 1 Approval) 0 0 2 Permitting Field Work/ USACE 4 4 Coordination 3 Permitting Application Draft 3 7 4 City of Corpus Christi Review 3 10 Period 5 Final Permitting Applications 2 12 6 Permit Submittal to USACE 0 12 7 USACE Review Period 25 37 Revised E16318 Project Schedule Week Weeks Item No Task Description Task Cumulative Project Duration Schedule 1 NTP (Original Project) 0 0 2 Bathymetric and Topographic 5 5 Survey 3 Design Memorandum Draft 8 13 4 City of Corpus Christi Review 3 16 Period 5 Final Design Memorandum 2 18 6 60% Design 12 30 7 City of Corpus Christi Review 3 33 Period 8 100% Design Draft - Interim Seal 9 42 9 City of Corpus Christi Review 3 45 Period 10 100% - Engineer Signed /Sealed 2 47 11 Bid Phase Services 4 51 EXHIBIT A Page 5 of 6 nLockwood,Andrews &Newnam, Inc. A LEO A DALY COMPANY H. Engineering Fee Cost Estimate The following table summarizes the engineering fee cost estimate. Basic Services: Contract Amd No. 1 Amd No. 2 Total Contract Preliminary Engineering $0 $0 $0 $0 60% Design Phase $44,700 $0 $0 $44,700 100% Design Phase $0 $0 $0 $0 Bid Phase $0 $0 $0 $0 Construction Phase $3,540 $0 $0 $3,540 Subtotal Basic Services $48,240 $0 $0 $48,240 Additional Services: Permitting-Strategy A $55,980 $0 $0 $55,980 Permitting-Strategy B* $74,980 $0 $0 $74,980 Survey- Dredging $5,700 $0 $0 $5,700 Survey- Beach Area* $1,200 $0 $0 $1,200 Subtotal Additional Services $137,860 $0 $0 $137,860 Summary of Fees: Basic Services Fees $48,240 $0 $0 $48,240 Additional Services Fees $137,860 $0 $0 $137,860 Total of Fees $186,100 $0 $0 $186,100 *(Requires Written Authorization) EXHIBIT A Page 6 of 6 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? 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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 EXHIBIT C Page 1 of 3 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 EXHIBIT C Page 2 of 3 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. EXHIBIT C Page 3 of 3 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 SC o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2018 "`O"P°p"`E1852 Action Item for the City Council Meeting of September 11, 2018 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayElla-cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services Kimb2(a)cctexas.com (361) 826-3169 Contract Mowing, Grounds and Landscape Maintenance Services for Storm Water Group 2, Downtown Group 1, and Parks Groups 17 and 18 CAPTION: Resolution finding the lowest responsive, responsible bidder for mowing and grounds maintenance services for Storm Water Group 2, Downtown Group 1, and Parks Groups 17 and 18, awarding Three-Year Service Agreements for a total amount not to exceed $231,350, of which $7,314 is funded for FY2017-18 by the Parks and Recreation Department. PURPOSE: The purpose of this resolution is to approve three-year service agreements for mowing, grounds and landscape maintenance services for Storm Water Group 2, Downtown Group 1, and Parks Groups 17 and 18. BACKGROUND AND FINDINGS: The mowing and grounds maintenance services of street rights-of-way assist in ensuring that the grounds at each site are safe, secure, and presentable at all times. Outsourcing the mowing, grounds and landscape maintenance services for Downtown Group 1, Parks Groups 17 and 18, and Storm Water Group 2 is more cost effective because the City does not have the resources to maintain the acreage. The Purchasing Division conducted a competitive Request for Bid process to obtain bids from qualified firms to provide mowing, grounds and landscape maintenance services. The City received 26 bids in total for these services; staff concluded the lowest responsive, responsible bidders are DeAngelo Brothers, LLC and Dorame General Repair & Lawn. Staff recommends award to DeAngelo Brothers LLC for Storm Water Group 2 and Dorame General Repair & Lawn for Downtown Group 1 and Parks Groups 17 and 18. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $1,127,608.40 $224,036.00 $1 ,351 ,644.40 Encumbered/Expended Amount $961,679.31 $0.00 $961,679.31 This item $7,314.00 $224,036.00 $231 ,350.00 BALANCE $158,615.09 $0.00 $158,615.09 Fund(s): Storm Water Fund, Tourist District Fund Comments: The total contracts are valued at an amount not to exceed $231 ,350.00, of which $7,314.00 will be funded in the current fiscal year. The remaining $224,036.00 will be funded on future fiscal years. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Service Agreements 1737, 1738, 1744 Bid Tabulations Resolution finding the lowest responsive, responsible bidder for mowing and grounds maintenance services for Storm Water Group 2, Downtown Group 1, and Parks Groups 17 and 18, awarding Three-Year Service Agreements for a total amount not to exceed $231,350. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received bids for mowing and grounds maintenance for Storm Water Group 2, Downtown Group 1 , and Parks Groups 17 and 18, in response to Bids No. 1737, 1738 and 1744, of which only the lowest responsive, responsible bidder may be awarded a mowing and grounds maintenance services contract ("contract"); WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bids No. 1737, 1738 and 1744 that contracts would be awarded to the lowest responsive, responsible bidders; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Storm Water Group 2 is DeAngelo Brothers, LLC of Houston, Texas, for an amount not to exceed $61,940; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Downtown Group 1 is Dorame General Repair & Lawn, LLC, of Corpus Christi, Texas, for an amount not to exceed $65,100; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Parks Groups 17 and 18 is Dorame General Repair & Lawn, LLC, of Corpus Christi, Texas, for an amount not to exceed $104,310; and WHEREAS in the event the lowest responsive, responsible bidder of either group fails to execute the awarded contracts or fails to perform under a contract for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement for mowing and grounds maintenance services for the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Page 1 of 3 Section 2. The City Council finds that DeAngelo Brothers, LLC is the lowest responsive, responsible bidder for Storm Water Group 2 and is awarded a contract for an amount not to exceed $61,940, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 3. The City Council finds that Dorame General Repair & Lawn, LLC is the lowest responsive, responsible bidder for Downtown Group 1 and is awarded a contract for an amount not to exceed $65,100, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 4. The City Council finds that Dorame General Repair & Lawn, LLC is the lowest responsive, responsible bidder for Parks Groups 17 and 18 and is awarded a contract for an amount not to exceed $104,310, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 5. The City Manager, or designee, is authorized to execute service agreements with the lowest responsive, responsible bidders in accordance with the terms and conditions stated in Bid No. 1737, 1738 and 1744. Furthermore, in the event the lowest responsive, responsible bidder fails to execute the contract for the respective awarded group(s) or fails to perform under an executed contract for the awarded group(s), the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term for any group number with the next lowest responsive, responsible bidder per respective bid group, in succession, in order to secure replacement mowing and grounds maintenance services for the City. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas Page 2 of 3 day of ' 20 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 3 of 3 SC 0 ow SERVICE AGREEMENT NO. 1737 U coup W* Mowing and Grounds Maintenance Services for Street N 1s02 Right-of-Ways, Circles and Medians Group SW2 THIS Mowing and Grounds Maintenance Services for Street Right-of-Ways, Circles and Medians Group SW2 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and DeAngelo Brothers, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance Services for Street Right-of-Ways, Circles and Medians Group SW2 in response to Request for Bid/Proposal No. 1737 ("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: 7. Scope. Contractor will provide Mowing and Grounds Maintenance Services for Street Righf-of-Ways, Circles and Medians Group SW2 ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option 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 $61,940.00, 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 I of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361) 826-3483 Email: JoshuaWCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or reworking 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 some extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the 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 CI'T'Y: City of Corpus Christi Attn: Joshua Wentworth Title: Parks & Recreation Superintendant Address: 1201 Leopard Street, 3rd Floor Parks & Recreation, Corpus Christi, TX 78401 Phone: (361) 826-3483 Fax: (361) 826-3174 IF TO CONTRACTOR: DeAngelo Brothers, LLC Attn: Jeff Thies Title: Branch Manager Address: 4723 Pinemont Drive, Corpus Christi, TX 77092 Phone: (281) 391-1885 Fax: (888) 553-0933 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. (i3) 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 CONTRTO SignatuCNa : r r Printed m 4 Ck� Title: Date: D� 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. 1737 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 1.1 General Re uirements Back round Information The Contractor shall provide Mowing and Grounds Maintenance Services of Street Right-of-Ways, Circles and Medians Storm Water Group 2 (SW2) as outlined in this Scope of Work. The Contractor shall ensure that the grounds at each site are safe, secure, and presentable at all times. The Scope of Work outlines the methods, procedures, and specifications to be used to perform mowing and grounds maintenance services. 1.2 Scope of Work Services are required for complete mowing and grounds maintenance care which shall include litter and debris removal, mowing, frimming and applying fertilizer to the City owned properties shown on Exhibit A-1 locations. The Contractor will provide all labor, supplies and equipment necessary to perform the work. The Contractor shall be responsible for timely performance of the work stated in the scope of work. A. Prep Work 1. The Contractor and all related employees shall attend an orientation prior to the term of the contract and every calendar year thereafter. Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations, including, but not limited to, fence lines, sidewalks, frees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches' square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. B. Post Work 1. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly. Proof of such proper disposal through Page 1 of 10 third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. 2. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. 3. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. C. Mowinq and Trimmin Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting,scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 1. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 2. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 3. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 4. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. Page 2 of 10 5. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 6. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. 7. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every cycle. D. Edwina 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging devise, not line trimmers, three times per year during the growing season. The firs edging shall be completed in March, the second in .lune and the third in October. Edge only with steel disc or steel blade edger. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. E. Cycles Description for Right-of-Ways, Circles and Medians SW Group 2 1. Growing Season (March -October) Twice Monthly = 16 cycles per year 2. Non-Growing Season (November-February) Monthly = 4 cycles per year F. Weed Control Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of Page 3 of 10 sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. 1.3 Work Site and Conditions A. The work shall be performed at various locations throughout the City as defined by Exhibits A-1 Locations and A-2 Map. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the Contract Administrator. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the Contractor of any such special event, emergency or liability. 2. Push mowers, string line trimmers, riding mowers and other small engines will not be used unless otherwise approved. Page 4 of 10 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the Contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 1.4 Eauir)ment A. The Contractor's grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. The Contractor shall provide all equipment and supplies, adequate in kind, quantity and quality, for professionally performing these services in a manner that is satisfactory to the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers, size of mower will vary per location, or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all applicable City, State and Federal Regulations. 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.6 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall Page 5 of 10 coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be included in the contract pricing. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the Contractor.The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 1.7 Security and Protection of Propertv A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1. The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. Page 6 of 10 1.8 Notification and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The Contractor shall submit invoices only after cycles are completed. All areas have a 10% invoice reduction for unsatisfactory or incomplete work. A 10% invoice reduction will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property missed based on the average price per acre. The 10% reduction will apply to the adjusted invoice total. D. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. E. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Page 7 of 10 Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Page 8 of 10 Exhibit A-1 Locations SW GROUP 2 Description Acreage per Cycle G2-1 Greenwood W/Side of Greenwood from Gollihar to 0.27 R.O.W. Westpoint G2-2 Ayers Strip South Side of Ayers, Horne Rd. to Fannin 0.84 G2-4 Vanderbilt Ayers St. & Roosevelt Dr. and circle at Ellis 0.14 Entrance and W. Vanderbilt G2-5 Clark Circle Claris & West Clark, 110 Vanderbilt, 0.32 Normandy & Clark, Adams 4 medians G2-6 Ramsey Brawner Pkwy. To Horne Rd. 0.50 Median G2-7 Horne R.O.W. Ramsey to A ers on East side of Horne Rd. 0.11 G278 Sacky Dr. Sacky, S. side, Wharton to Bowie St. 0.22 R.O.W G2-9 Reid Trian le Corner of Reid & 2700 Alameda 0.14 G2-10 Mid Town Agnes/Laredo from Carrizo to Lower 6.73 Interchange Broadway G2-12 Brownlee South corner of Staples and Brownlee 0.07 G2-13 Baldwin Strip Along N/Side of Baldwin across from Del Mar 0.21 College G2-14 Greenwood Holly to the Wal-Mart Road, both sides 1.54 R.O.W. G2-14A Cliff Maus Old Brownsville Rd-Rockford end of sidewalk 0.12 W/Side G2-15 West Point Columbia - Greenwood East South Side 0.16 G2-16 Calle Saratoga - Dead End East/West Side 0.59 Cuernavaca G2-17 Calle Las Saratoga - Dead End West Side 0.43 Colonias G2-18 Greenwood Holly- Saratoga Both Sides (Measured 0.73 Portions G2-19 Port Triangle Port @ Tarlton @ Crosstown 0.24 ACRES 13.36 Page 9 of 10 Exhibit A-2 Map SW Group 2 ROW Strip Mowing Contract (improved) Group 2 Legend Zoo -2-01-2-06 2-14 A , . 2-133 24�2-15 2-04-2-112-16 2-05 2-12-2-17 za 245-'--2-132-10 2-07 —2-19 2-20 t�zs Fns. x-iu; FY �-gl, fi�67Ef11Re: �kA,Q517W{01 l 7 ie, Note: 2-11 and 2-20 are not included in this Scope of Work. Page 10 of 10 Attachment B: Bid/Pricing Schedule o CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION b 6M, RFB No. 1737 s Mowing and Grounds Maintenance Services for Street Right-of-Ways, Circles and Medians group SW2 Date: PAGE t Of 1 Authorized 11,Bidder: I�1 I i� 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 orrived 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 Gude 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 Descri tion ----- UNIT ' QTY Unit Pace Total Price I- Year One-Mowing and Grounds Cycle 24 Maintenance of Street Right-of- WOYs, Circles and Medians for Group SW2 2. Year Two-Mowing and Grounds Cycle 20 Maintenance of Street Right-of- Ways, Circles and Medians for �' 4k�x Group SW2 3. Year Three--M-owing and :CyYcleL2101 Grounds Maintenance of Street Right-of-Ways, Circles and 7_11,1 laD.'"r Medians for Group 5W2 Grand Total I I Page I of 1 Attachment C: Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and 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 of (All States Endorsement if Company is this not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. IL ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 P. 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 & Recreation Mowing and Complete Grounds Maintenance 01/23/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 Attachment C: Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements No warranty requirements necessary for this service agreement; Section 8(8). Warranty is null for this Service Agreement. Page i of 1 se �o SERVICE AGREEMENT NO. 1738 v Grounds and Landscape Maintenance Services for anaaokn � 1.852 Downtown Group 1 THIS Grounds and Landscape Maintenance Services for Downtown Group 1 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Dorame General Repair & Lawn, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Grounds and Landscape Maintenance Services for Downtown Group 1 in response to Request for Bid/Proposal No. 1738 ("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 Grounds and Landscape Maintenance Services for Downtown Group 1 ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $65,100.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaWCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Title: Parks & Recreation Superintendant Address: 1201 Leopard Street, 3rd Floor Parks & Recreation, Corpus Christi, TX 78401 Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: Dorame General Repair & Lawn, LLC Attn: Ramon Dorame Title: President Address: 4213 Hamlin Drive, Corpus Christi, Texas 78411 Phone: (361 ) 533-6728 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits), B. its attachments, C. the bid solicitation document including any addenda (Exhibit 1 ), then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: .�'�- �' rc�,� D'/P , Se�''�'�' Printed Name: velli 'C 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 Requirernents Incorporated by Reference Only: Exhibit l : RFB/RFP No. 1738 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor will provide grounds and landscape maintenance services for Groups 1 in the Downtown area as outlined in this Scope of Work. The Contractor shall ensure that the grounds at each site are safe, secure, and presentable at all times. The Scope of Work outlines the methods, procedures, and specifications to be used to perform grounds and landscape maintenance services. 1.2 Scope of Work Services are required for complete ground and landscape care which shall include litter and debris removal, mowing, trimming, applying fertilizer and maintenance care of parks, Right-of-Ways (ROW), medians, green space areas including, but not limited to, lawn, shrub areas, flowerbeds, planters, walkway cleaning, curbsides and play areas. Areas to be maintained are shown in Exhibit A Group 1 Downtown. The Contractor will provide all labor, supplies and equipment necessary to perform the work. The Contractor shall be responsible for timely performance of the work stated in the scope of work. A. Prep Work 1 . The Contractor and all related employees shall attend an orientation prior to the term of the contract and every calendar year thereafter. Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations, including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches' square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. B. Post Work Page 1 of 10 1 . After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's pricing and such cost shall be included in the RFB. Proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. 2. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. 3. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. C. Mowing and Trimming Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 1 . Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 2. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 3. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive Page 2 of 10 clippings immediately following each mowing cycle prior to the work crew leaving the work site. 4. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 5. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 6. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. 7. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every cycle. D. Edwina 1 . This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging devise, not line trimmers, three times per year during the growing season. The firs edging shall be completed in March, the second in June and the third in October. Edge onlywith steel disc or steel blade edger. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Page 3 of 10 E. Cycles Description for Right-of-Ways, Circles and Medians SW Group 2 • Growing Season (March - October) Bi-Weekly = 16 cycles per year • Non-Growing Season (November - February) Monthly = 4 cycles per year F. Weed Control Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. 1.3 Work Site and Conditions A. The work shall be performed at various locations throughout the City as defined by Exhibits A. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the Contract Administrator. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. E. Ozone Warning Days: 1 . No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be Page 4 of 10 kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2. Push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 1.4 Equipment A. The Contractor's grounds and turf maintenance equipment must be equipped with safety devise which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. The Contractor shall provide all equipment and supplies, adequate in kind, quantity and quality, for professionally performing these services in a manner that is satisfactory to the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers, size of mower will vary per location, or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all applicable City, State and Federal Regulations. Page 5 of 10 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.6 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be included in the contract pricing. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the Contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 1.7 Security and Protection of Property A. Security Requirements: 1 . The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. Page 6 of 10 B. Protection of Property: 1 . The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. 3. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. 1.8 Notification and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The Contractor shall submit invoices only after cycles are completed. All areas have a 10% invoice reduction for unsatisfactory or incomplete work. A 10% invoice reduction will be applied to the invoice total for Page 7 of 10 incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property missed based on the average price per acre. The 100 reduction will apply to the adjusted invoice total. D. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. E. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Page 8 of 10 Exhibit A Locations GROUP 1 MAINTENANCE AREA LOCATION/ADDRESS Acres 1 Shoreline Medians #1 Federal Courthouse to 137 0.28 2 Shoreline Medians #1 a Power St. to Federal Courthouse 0.46 3 Shoreline Medians #2 137 to Mann (Orions) 0.62 4 Shoreline Medians #3 Mann to Twigg 0.56 5 Shoreline Medians #4 Twigg Circle 0.07 6 Shoreline Medians #5 Twigg to Taylor 0.58 7 Shoreline Medians #6 Taylor to Starr 0.54 8 Shoreline Medians #7 Starr to Peoples 0.57 9 Shoreline Medians #8 Peoples to Schatzell 0.54 10 Shoreline Medians #9 Schatzell Circle 0.20 11 Shoreline Medians #10 Schatzell Triangle 0.20 12 Shoreline Medians #11 Schatzell to Lawrence 0.93 13 Shoreline Medians #12 Lawrence to Williams 0.97 TOTAL 6.52 Page 9 of 10 Group 1 Areas Map GROUP l AREAS _ Shoreline Medians#1a Map 1 of 17, ' Shoreline Medians#1 Shoreline Medians#2 �o Shoreline Medians#3 Shoreline Medians#4 �r hWy �+Cct r rat Twp Shoreline Medians#5 1 c TAYLOR - Shoreline Medians#6 Shoreline Medians#7 a rTTrrnTr r Itt 1 X11111.1 l_1- p PEOPLES SMiEAD Shoreline Medians#8 Shoreline Media&'#10 Shoreline Medians#9 LLILLI— 1-111-1 a Shoreline Medians#11 Shoreline Medians#12 r� rr wpyrp4 S7�t G�p'VCaCws l:iVaO Page 10 of 10 Attachment B: Bid/Pricing Schedule J1TY OF OPUS HRI T! BID FORM PUR HASIN DIVISION RF8 Mei. 1738 Grounds and Landscape Maintenance Services for Downtown Group 1 PAI= I OF f Date- 02712016 DarameGaneral Repair& Lawn LLC Authorized Bidder: _ _-- Signature: 1. Refer to -Instrucf ons to Bidders" and Contracl Terms and Conditions before completing bid. 2, Quote your best orrice for each item. 3. In submitting ibis bid, Bidder certifies that a. the prices in this bid have been arrived at independently, without consultation, cornmunication, or agreement with any other Bidder or competitor, for the purpose of restrlcling competilion with regard to Prices, b. Bidder is an Equcd Opp a,tu,iiIy, E-�-iployer, and the DiscIosure of Interest information on file with City's Purch sing cof'ice, pursuant to the CCde c Ordinances, is current and trve, c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknov4edges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Pirice Total Price 1. Year One- Downtown Group 1 Cycle 42 Landscaping, mowing,trimming, $5W.DD $21,ODO,DD edoligg and litter pick-up 2. Year Two- Downtown Group 1 Cycle 42 Landscaping, mowing, trirnrning, edgI29 and Reserpick-up 3. Year Tlxee-Downtown Group 1 Cycle 42 Landscaping, mowing,trimming, $550.00 $23,100.00 edging and litterpick-up - -- - Grand Total L $65,100.00 Page 1 of 1 Attachment C: Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. Commercial General Liability including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form $1 ,000,000 Aggregate 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Additio (All States Endorsement if Company is not Requirements of this section. domiciled in Texas) Employer's Liability $500,000 / $500,000 / $500,000 Page 1 of 3 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. 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 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2018 Insurance Requirements Purchasing Mowing and Complete Grounds Maintenance 01/23/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 Attachment C: Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. Page 1 of 1 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 se �o SERVICE AGREEMENT NO. 1744 v Mowing and Grounds Maintenance for Parks Groups 17 anaaokn � 1.852 and 18 THIS Mowing and Grounds Maintenance for Parks Groups 17 and 18 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Dorame General Repair & Lawn, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance for Parks Groups 17 and 18 in response to Request for Bid/Proposal No. 1744 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing and Grounds Maintenance for Parks Groups 17 and 18 ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $104,310.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Parks and Recreation Phone: (361 ) 826-3483 Email: JoshuaWCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joshua Wentworth Title: Parks & Recreation Superintendant Address:1201 Leopard Street, 3rd Floor Parks & Recreation, Corpus Christi, TX 78401 Phone: (361 ) 826-3483 Fax: (361 ) 826-3174 IF TO CONTRACTOR: Dorame General Repair & Lawn, LLC Attn: Ramon Dorame Title: President Address: 4213 Hamlin Drive, Corpus Christi, Texas 78411 Phone: (361 ) 533-6728 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 A. this Agreement (excluding attachments and exhibits), B. its attachments, C. the bid solicitation document including any addenda (Exhibit 1 ), then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR /7 Signature: t rW&AAL- - Printed Name: .C,s�1yo.✓ `��i+�'�}`rr,� 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. 1744 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Mowing and Grounds Maintenance for Parks and Groups 17 and 18 as outlined in this Scope of Work. The Contractor shall ensure that the grounds at each site are safe, secure, and presentable at all times. The Scope of Work outlines the methods, procedures, and specifications to be used to perform mowing and grounds maintenance. 1.2 Scope of Work Services are required for complete mowing and grounds maintenance care which shall include litter and debris removal, mowing, trimming and applying fertilizer to the City owned properties shown on Exhibit A. The Contractor will provide all labor, supplies and equipment necessary to perform the work. The Contractor shall be responsible for timely performance of the work stated in the scope of work. A. Prep Work 1 . The Contractor and all related employees shall attend an orientation prior to the term of the contract and every calendar year thereafter. Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations, including, but not limited to, fence lines, sidewalks, trees, shrubs, flowerbeds and planters, walkways, play areas, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches' square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. B. Post Work 1 . After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and Page 1 of 18 disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly. Proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. 2. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. 3. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. C. Mowing and Trimming Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 1 . Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 2. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 3. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. Page 2 of 18 4. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 5. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 6. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. 7. The Contractor shall remove all weed grass, vines, anything growing in and out of the bushes/trees that does not belong to the bush or tree every cycle. D. Edwina 1 . This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging devise, not line trimmers, three times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. Edge only with steel disc or steel blade edger. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. E. Cycles Description TEMP - (3 Months) March - Max 1 . Group 17 - 2 Parks - every 3 weeks = 18 cycles 2. Group 18 - 11 Parks - every month = 12 cycles Page 3 of 18 If a cycle is finished before the days are up, the Contractor will not start another cycle until the day after the completion of the previous cycle. The Contractor will notify the Contract Administrator upon completion of mowing for a cycle. F. Weed Control: Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. G. The Contractor shall mow as close as practicable to all fixed objects exercising extreme care not to damage trees, plants, shrubs, fire hydrants, sign and power poles, guardrails, culvert head walls, delineators or other appurtenances which are part of the Parks. H. The Contractor shall hand trim around all fixed objects such as trees, plants, shrubs, fire hydrants, sign and power poles, guardrails and culvert head walls, unless specified otherwise and will be subsidiary to the mowing operation. I. The Contractor shall be responsible for notifying the Contract Administrator of large object(s), including, but not limited to furniture, appliances and massive dump sites etc. Any large object(s) which are too large to set aside, shall be mowed around until removal is coordinated by the City. The Contractor shall coordinate the rescheduling of mowing the uncut area with the Contract Administrator. 1.3 Work Site and Conditions A. The work shall be performed at various locations throughout the City as defined by Exhibits A for locations. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the Contract Administrator. C. Work Hours: The Contractor will confine all operations to daylight hours, surise to sunset, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval Page 4 of 18 from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. The Contractor shall at all times, keep all sites under this agreement, free from accumulations of waste materials or rubbish caused by his/her employees at work, and Contractor shall remove all equipment, supplies, and materials belonging to Contractor from and about the work area and all tools, leaving the premises clean. E. Drought Stipulations: The City intends on establishing a routine scheduled Parks mowing program which will control the growth of grass and weeds to an acceptable level. However, the lack of rainfall throughout the contract period may slow the growth of grass and weeds to a level which does not require mowing of the rights-of-way at the predetermined scheduled dates. In the event a drought situation develops at any time throughout the contract period, the Contract Administrator may direct the Contractor to either continue mowing, mowing on a limited basis or suspend mowing altogether. Cycles which are canceled due to rainfall will be rescheduled only if needed and authorized by the Contract Administrator. F. Ozone Warning Days: 1 . No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the Contractor of any such special event, emergency or liability. 2. Mowing will not be permitted if, in the opinion of the Contract Administrator, soil and weather conditions are such that the rights-of- way will be damaged. The Contractor will coordinate rescheduling of make-up cycles with the Contract Administrator. 3. Push mowers, string line trimmers, riding mowers, chain saws, pole saws, motor scooters and other small engines will not be used unless otherwise approved. Page 5 of 18 4. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the Contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 5. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 1.4 Equipment A. The Contractor's grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. The Contractor shall provide all equipment and supplies, adequate in kind, quantity and quality, for professionally performing these services in a manner that is satisfactory to the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers, size of mower will vary per location, or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all applicable City, State and Federal Regulations. 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.6 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All Page 6 of 18 portions of streets shall be kept open to traffic. The Contractor shall follow all traffic regulations in accordance with the Texas Manual on Uniform Traffic Control Devices (http://www.txdot.gov/government/enforcement/signage/tmutcd.html ).The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and to ensure safe passage for pedestrian and vehicular traffic at all times. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be included in the contract pricing. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the Contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 1.7 Security and Protection of Property A. Security Requirements: 1 . The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter City buildings at any location for any reason without receiving prior approval from the Contract Administrator. B. Protection of Property: 1 . The Contractor shall make necessary provision to protect structures and property from any and all damage arising out of, relating to, or resulting from this work. 2. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Page 7 of 18 Administrator or designee shall specify when replacement is to be made. Damages that are not repaired or compensated by the Contractor will be repaired or compensated by the City at the Contractor's expense. 1.8 Notification and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The Contractor shall submit invoices only after cycles are completed. All areas have a 10% invoice reduction for unsatisfactory or incomplete work. A 10% invoice reduction will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property missed based on the average price per acre. The 100 reduction will apply to the adjusted invoice total. D. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. Page 8 of 18 E. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. The Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. Page 9 of 18 EXHIBIT A - MAP(S)/LOCATION(S)/SCHEMATIC(S)/ETC. PARKS 2 AREAS Group 17 21 Day Cycle Glen Arbor 6.59 Tanglewood & Braeswood 5842 Tanglewood Winrock 5.90 Cedar Pass & Winrock Ln 4930 Cedar Pass 12.49 AC Glen Arbor 6.59 AC y. `..v L a H O V��YN�+hZLrnUV.Y{ 5812 TANGLaWD DR mos a �. w 311900DDUtOdD i'; , r 'r' ,f Page 10 of 18 Winrock 5.90 AC I s t'� Y 4 A. rgY9 y� 4 2 U n a Nw. - r ,7 F SAl Ali IL # ' f . tly Page 11 of 18 PARKS 2 AREAS Group 18 30 Day Cycle Temple 3.93 Burnet & Niagara 3902 Reynosa Westgate 1 .51 Longview West & Granada 321 Longview West Caswell 1 .57 Naples & Alexander 4419 Naples St. Cui er 2.41 Cui er & Verner 2717 Cui er Vanderbilt 0.83 Vanderbilt & Ellis 244 Vanderbilt Botsford 7.15 Hamlet & McArdle 2801 Mc Ardle Mistletoe 0.45 Mistletoe & Chestnut 4429 Mistletoe Dr. Lawndale 1 .00 Daytona & Blevins 3053 Daytona Dr. Koolside 2.41 Dorothy & Bobalo 1001 Dorthy Dr. Holly 3.28 Meadowvista Dr. 6452 Meadowvista Oso Creek 1 1 .00 Oso Creek Pkwy. 6805 Safety Steel 25.54 AC Page 12 of 18 4 .:e y VMV ilk f f ;t F-A a rill 7 �.,� . . yp la j r] Y � - r: .. �, „ �� ;.. .. � � �•:� - �� ffi � , ,. t, _ -_ ,. _ .. _::: �� ��� fi � '' ;. ;. �. �,. z r .. ..: ._ `&" S - �y :. � � � � .`. „ ... <. ,: .:.,: �P �� ;.. -..r.. �, � ti.: } _ f � ,� .,�. �.. � �� ! ,�, � �., r . 44, ,. . .. � - i � - �" A, :'i; � r.%`_ � Lew, - _ >; .. .41f '�.:. �..Y� .� � J� l .gyp. >, � � _. a ,�- ..�, -..- - . • • • / t A r - r I' t � r -t r { _ ' _ 1 wk ON tw 14. ZP .a},,`�t�� � �-{ �, 3 ;tic• --'{ g t a . 'a. as` Mistletoe 0.45 AC m gw �#�," o YR} J:n s oel Lawndale 1 .00 AC s l 's VTY OF CORRG,CHRMT CITYOF CORP[1S CHRSTI!A.PR) M5$WYTCYd4 CR: wo 01 42 000 Page 16 of 18 Koolside'' 2.41 AC K r S y r gy g § t �f Holly 3.28 AC =L ,LY PARK i fSM61WM4 i37k -. 6s2u4 3J3G Page 17 of 18 Oso Creek 1 - 1 .00 AC r Page 18 of 18 Attachment B: Bid/Pricing Schedule � ' IT'S F CORPUS CHRISTI�' BIS? FORM PURCHASING DIVISION RFB No. 1744 AMA Mowing and Grounds Maintenance for Parks Groups 17 and 1 PAGE I OF 1 Date. 0612712018 A uthvrized Bidder: rare ner 1 Repair LLC Signature: 1. Refer to 'I structons to Bidders" andContract Terms and Condittons before completing Dict. 2. Quote your lest price for €roc h item. 3_ In submitting this Laid, Bidder cerlffies that: ci,r the prices in this bird have been arrived at independently, without consultation, communication, or agreement wilh any other Bidder or competitor, for the purpose of restricting competition with r--°hard to prices. bu Bidder is can Equal Opporturity Employer, and the Disclosure at Interest information on file with Cily'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 stranding with ON applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for tris RFB. Itern Description UNIT QTY Unl Price Total Price 1. Year 1 Mowing and Grounds Maintenance Circle 18 for 2 Park$ -G�rc�up 17 once every 3 woks 5.014, 0.0! 2. Year 1 Mowing and Grounds Maintenance Cycle 12 $1,660.00 $19,M-00 for 11 Parks-Group 18 once every month 3. year 2 Mowing and Grounds Maintenance Cycle 18 for 2 Parks Grow 17 once ever 3 weeks X28.0{1 X14,850.04 -- 4. Year 2 Mowing and Grounds Maintenance Cycle 12 $1.eao.00 $19,920.00 for 11 Parks- rou p 18 once every month 5. Year 3 Mowing and Grounds Maintenance Cycle 18 for 2 Parks-Group17 once ever 3 weeks $82&00 $14,850X0 b. Year 3 Mowing and Grounds Maintenance Cycle 12 S 1.68D.00 $15,920.00 for 11 Parks -Group 18 once every month Grand Total $9Q4,31Q-� 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 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 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 3 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, 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 & Recreation Mowing and Complete Grounds Maintenance 01/23/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 Attachment C: Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this Service Agreement. Page 1 of 1 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 CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION RFB NO.1737 BUYER:JOHN ELIZONDO MOWING AND GROUNDS MAINTENANCE SERVICES FOR STREET RIGHT-OF-WAYS,CIRCLES AND MEDIANS GROUP SW2 DeAngelo Brothers LLC Dorame General Repair&Lawn CML Services ABBA Construction,LLC Fairmont Landscaping ITEM DESCRIPTION CYCLES Houston,TX Corpus Christi,TX Corpus Christi,TX Laredo,TX Corpus Christi,TX EXTENDED EXTENDED UNIT PRICE PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Year One-SW2 20 $ 1,002.00 $ 20,040.00 $ 1,700.00 $ 34,000.00 $ 2,337.86 $ 46,757.20 $ 8,314.00 $ 166,280.00 $ 93,600.00 $ 1,872,000.00 2 Year Two-SW2 20 $ 1,032.00 $ 20,640.00 $ 1,700.00 $ 34,000.00 $ 2,337.86 $ 46,757.20 $ 8,314.00 $ 166,280.00 $ 93,600.00 $ 1,872,000.00 3 Year Three-SW2 20 $ 1,063.00 $ 21,260.00 $ 1,800.00 $ 36,000.00 $ 2,337.86 $ 46,757.20 $ 8,314.00 $ 166,280.00 $ 93,600.00 $ 1,872,000.00 $ 61,940.00 $ 104,000.00 $ 140,271.60 $ 498,840.00 $ 5,616,000.00 *CC Academy 12 Lawn Service bid is non-responsive as vendor defaulted on previous contract. *D-Bar Contractors bid is non-responsive as vendor defaulted on previous contract. CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION RFB NO.1738 BUYER:JOHN ELIZONDO GROUNDS LANDSCAPE MAINTENANCE SERVICES FOR DOWNTOWN GROUP 1 Dorame General Repair&Lawn Tony's Lawn Service DeAngelo Brothers LLC ABBA Construction,LLC Fairmont Landscaping C&G Contractors ITEM DESCRIPTION CYCLES Cor us Christi,TX Rock 3ort,TX Houston,TX Laredo,TX Corpus Christi,TX Corpus Christi,TX EXTENDED EXTENDED EXTENDED EXTENDED EXTENDED UNIT PRICE EXTENDED PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE Year One- 1 Downtown 42 Group 1 $ 500.00 $ 21,000.00 $ 717.20 $ 30,122.40 $ 5,000.00 $ 210,000.00 $ 5,892.00 $ 247,464.00 $ 45,000.00 $ 1,890,000.00 $ 54,000.00 $ 2,268,000.00 Year Two- 2 Downtown 42 Grou 1 $ 500.00 $ 21,000.00 $ 717.20 $ 30,122.40 $ 5,150.00 $ 216,300.00 $ 5,892.00 $ 247,464.00 $ 45,000.00 $ 1,890,000.00 $ 54,000.00 $ 2,268,000.00 Year Three- 3 Downtown 42 Group 1 $ 550.00 $ 23,100.00 1$ 717.20 1$ 30,122.40 1$ 5,304.50 1$ 222,789.00 1$ 5,892.00 $ 247,464.00 $ 45,000.00 $ 1,890,000.00 $ 54,000.00 $ 2,268,000.00 $ 65,100.00 $ 90,367.20 $ 649,089.00 $ 742,392.00 $ 5,670,000.00 $ 6,804,000.00 *CC Academy 12 Lawn Service bid is non-responsive as vendor defaulted on previous contract. *D-Bar Contractors bid is non-responsive as vendor defaulted on previous contract. CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION RFB NO.1744 BUYER:JOHN ELIZONDO MOWING AND GROUNDS MAINTENANCE FOR PARKS GROUPS 17 AND 18 Dorame General Repair&Lawn CML Services Greater Texas Landscapes Tony's Lawn Service MLC Landscaping Fairmont Landscaping ITEM DESCRIPTION CYCLES Cor us Christi TX Corpus Christi TX San Antonio TX Rockport,TX Corpus Christi TX Corpus Christi TX EXTENDED EXTENDED EXTENDED EXTENDED EXTENDED UNIT PRICE EXTENDED PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNITPRICE PRICE Year One-2 1 Parks Group 17 18 once every 3 weeks $ 825.00 $ 14,850.00 $ 936.62 $ 16,859.16 $ 636.68 $ 11,460.24 $ 1,373.90 $ 24,730.20 $ 1,737.74 $ 31,279.32 $14,000.00 $ 252,000.00 Year One-11 2 Parks Group 18 12 once every month 1 $ 1,660.00 $ 19,920.00 $ 1,915.24 $ 22,982.88 $ 2,766.16 $ 33,193.92 $ 2,809.40 $ 33,712.80 $ 3,637.56 $ 43,650.72 $14,000.00 $ 168,000.00 Year Two-2 3 Parks Group 17 18 once every 3 weeks $ 825.00 $ 14,850.00 $ 936.62 $ 16,859.16 $ 636.68 $ 11,460.24 $ 1,373.90 $ 24,730.20 $ 1,789.87 $ 32,217.66 $14,000.00 $ 252,000.00 Year Two-11 4 Parks Group 18 12 once every month $ 1,660.00 $ 19,920.00 $ 1,915.24 $ 22,982.88 $ 2,766.16 $ 33,193.92 $ 2,809.40 $ 33,712.80 $ 3,746.68 $ 44,960.16 $14,000.00 $ 168,000.00 Year Three-2 5 Parks Group 17 18 once every 3 weeks $ 825.00 $ 14,850.00 $ 936.62 $ 16,859.16 $ 636.68 $ 11,460.24 $ 1,373.90 $ 24,730.20 $ 1,843.57 $ 33,184.26 $14,000.00 $ 252,000.00 Year Three-11 6 Parks Group 18 12 once every month $ 1,660.00 $ 19,920.00 $ 1,915.24 $ 22,982.88 $ 2,766.16 $ 33,193.92 $ 2,809.40 $ 33,712.80 $ 3,859.08 $ 46,308.96 $14,000.00 $ 166,000.00 $ 104,310.00 $ 119,526.12 $ 133,962.48 $ 175,329.00 $ 231,601.08 $ 1,260,000.00 *CC Academy 12 Lawn Service bid is non-responsive as vendor defaulted on previous contract. 'D-Bar Contractors bid is non-responsive as vendordefaulted on previous contract. `ABBA Construction bid is non-responsive as vendor used incorrect bid form. C&J Landscaping bid is non-responsive as vendor used incorrect bid form. `DeAngelo Brothers bid is non-responsive as vendor used incorrect bid form. CORPUS CHRISTI PARKS& RECREATION Award for Mowing, Grounds, and Landscape Services Council Presentation August 28, 2018 Objective CORPUS CHRISTI = 56 Award 4 Service Agreements for • Downtown Group 1 • Storm Water Group 2 • Parks Groups 17 and 18 Term: 3 years 2 Award: CORPUS Downtown Group 1 CHRISTI --_ P ARnK So Contractor: Dorame General Repair & Lawn, LLC of Corpus Christi, TX for $65,100 per year. # of bidders: 8 Parks & Recreation Department projected cost: $115,014 "t 1 Lt Award: s Downtown Group 1 CHRISTI PARKS6 GROUP 1 MAINTENANCE AREA LOCATION/ADDRESS Acres GROUP T AREAS N� Map for r7, � 1 n+`vwaw uzsms+• 1 Shoreline Medians#I Federal Courthouse to 137 0.28 �� z 2 Shoreline Medians#I a Power St.to Federal Courthouse 0.46 J 3 Shoreline Medians#2 137 to Mann(Orions) 0.62 �; ' \X` 4 Shoreline Medians#3 Mann to Twigg 0.56 5 Shoreline Medians#4 Twigg Circle 0.07 6 Shoreline Medians#5 Twigg to Taylor 0.58 �❑� p �� [ j 7 Shoreline Medians#6 Taylor to Starr 0.54 � K +" 8 Shoreline Medians#7 Starr to Peoples 0.57n� 9 Shoreline Medians#8 Peoples to Schatzell 0.54 10 Shoreline Medians#9 Schatzell Circle 0.20 11 Shoreline Medians#10 Schatzell 0.20 Triangle g _ ��// smenreuzuay.ie 12 Shoreline Medians#1 I Schatzell to Lawrence 0.93 13 Shoreline Medians#12 Lawrence to Williams 0.97 J M TOTAL 6.52 4 • Award: Stormwater . Group 2 CORPUS CHRISTI AARAso SW GROUP 2 Description Acreage per Cycle G2-1 Greenwood W/Side of Greenwood from Gollihar to 0.27 R.O.W. Westport G2-2 Ayers Strip South Side of Ayers,Horne Rd.to Fannin 0.84 Contractor: G2-4 Vanderbilt Ayers St.&Roosevelt Dr.and circle at Ellis 0.14 Entrance and W.Vanderbilt DeAn elo Brothers LLC of G2-5 Clark Circle Clark&West Clark,110 Vanderbilt, 0.32 V -zI (1 Normand f&Clark,Adams 4 medians Houston, TX for $61,740 per year. G2-6 Ramsey Browner Pkwy.To Horne Rd. 0.50 Median G2-7 Horne R.O.W. Ramsey to Ayers on East side of Horne Rd. 0.11 G2-8 Socky Dr. Sacky,S.side,Wharton to Bowie St. 0.22 # of bidders: 7 R.O.W G2-9 Reid triangle Comer of Reid&2700 Alameda 014 G2-10 Mid Town Agnes/Laredo from Carrizo to Lower 6.73 Interchange Broadway Parks & Recreation Department G2-12 Brownlee South comer of Staples and Brownlee 0.07 G2-13 Baldwin Strip Along N/Side of Baldwin across from Del Mar 0.21 projected cost: $105,000 Calle e G2-14 Greenwood Holly to the Wal-Mart Road,both sides 1.54 R.O.W. G2-14A Cliff Maus Old Brownsville Rd-Rockford end of sidewalk 0.12 W/Side G2-15 West Point Columbia-Greenwood East South Side 0.16 G2-16 Calle Saratoga-Dead End East/West Side 0.59 Cuernavaca G2-17 Calle Las Saratoga-Dead End West Side 0.43 Colonias G2-18 Greenwood Holly-Saratoga Both Sides(Measured 0.73 Portions G2-19 Pori Triangle Por[A Tarlton 4 Crosstown 0.24 ACRES 13.36 5 ROW Strip Mowing Contract (Improved) Group 2 ��� Legend —2-01-2-08 244 2-02-2-09-2-14A ��•`y w \ 2-03 2-10-2-15 \ I\ 2414-2-11-2-18 —2-M— 2-12-2-17 S f?.' zal \ &062-132-18 c Z 2-07 �2-19 2-20 �ss ■ 2-t�� �wme�u�ft&�r`ce`nimiaD l ^_ f:u a Stormwater qw Group 2 CORPUS CHRISTI aARAso SW Group 2-6 Ramsey y 3 Award: Parks Group 17 & 18 CORPUS CHRISTI qW AAR Zi Contractor: Dorame General Repair&Lawn,LLC of Corpus Christi,TX for$104,310 per year. #of bidders: 11 Parks&Recreation Department projected cost:$164,289 Group 17 Glen Ardor 6.59 Tanglewood &Braeswood 15842 Tanglewood Winrock 5.90 Cedar Pass&Winrock Ln 14930 Cedar Pass Group 18 Temple 3.93 Burnet& Niagara 3902 Reynosa Westgate 1.51 Longview West&Granada 321 Lon view West Caswell 1.57 Naples &Alexander 4419 Na les St. Culper 2.41 Culper&Verner 2717 Cui er Vanderbilt 0.83 Vanderbilt&Ellis 244 Vanderbilt Botsford 7.15 Hamlet&McArdle 2801 Ma Ardle Mistletoe 0.45 Mistletoe&Chestnut 4429 Mistletoe Dr. Lowndale 1.00 Daytona &Blevins 3053 Daytona Dr. Koolside 2.41 Dorothy& Bobolo 1001 Dorthy Dr. Holly 3.28 Meadowvista Dr. 6452 Meadowvista ©so Creek 1 1.00 Oso Creek Pkwy. 6805 Safety Steel 8 Award: �►� Parks Group 17 & 18 CORPUS CHRISTI AARAso Botsford Park 'lc ee■ -I�■ .. Al-...:.... 9 CORPUS CHRISTI PARKS6 Questions . 10 se GO O Va. v AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of August 28, 2018 1852 Action Item for the City Council Meeting of September 11, 2018 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD(ccctexas.com (361) 857-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2�cctexas.com (361) 826-3169 HVAC Services for Facilities Department CAPTION: Motion authorizing a three-year Service Agreement with Coastline Refrigeration & Service, LLC of Corpus Christi, Texas for HVAC Services for Facilities Department, for a total amount not to exceed $397,800.00. PURPOSE: The purpose of this Agenda Item is to approve a service agreement for HVAC Services for Facilities Department. BACKGROUND AND FINDINGS: Facilities owned by the City of Corpus Christi require HVAC services on an as needed basis. Services include but are not limited to: repair, replacement and installation of new heating, ventilation, air conditioning equipment, refrigeration units, air handling unit, duct work, duct cleaning, diagnostic test equipment, and testing. There are numerous HVAC systems throughout the City that need to be replaced by the end of 2019 to meet the Seasonal Energy Efficiency Ratio (SEER) standards and remain in compliance with Environmental Protection Agency (EPA) standards. The Purchasing Division conducted a competitive Request for Bid process to obtain bids from qualified firms to provide HVAC Facilities Services on an as needed basis. The City received five bids and one no-bid. Staff concluded Coastline Refrigeration & Service, LLC is the lowest responsive, responsible bidder and recommends the firm for award. 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: Asset Management FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered /Expended Amount $0.00 $0.00 $0.00 This item $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Various Comments: Funding will be provided by various departments at the time work is needed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION RFB NO.1627 BUYER:JOHN ELIZONDO HVAC SERVICES FOR FACILITIES DEPARTMENT Coastline Refrigeration&Service,LLC Scott AC&Heating SR Mechnical AC&Heating Pro Tech Mechanical,Inc. Services ITEM DESCRIPTION HOURS Cor us Christi,TX Corpus Christi,TX Brownsville,TX Corpus Christi,TX UNIT PRICE EXTENDED PRICE UNIT PRICE PRICE EXTENDED UNIT PRICE PRICE EXTENDED UNIT PRICE EXTENDED PRICE HVAC Technician 1 Normal Hours 1200 S 70.00 S 84,000.00 $ 75.00 $ 90,000.00 $ 85.00 $ 102,000.00 $ 85.00 $ 102,000.00 2 Helper Normal Hours 600 S 30.00 S 18,000.00 $ 37.50 $ 22,500.00 $ 65.00 $ 39,000.00 $ 75.00 $ 45,000.00 HVAC Technician 3 Afterhours,Holidays, 180 Saturday and Sunday $ 70.00 $ 12,600.00 $ 112.50 $ 20,250.00 $ 127.50 $ 22,950.00 $ 127.50 $ 22,950.00 Helper Afterhours, 4 Holidays,Saturday and 90 Sunday $ 30.00 $ 2,700.00 $ 56.25 $ 5,062.50 $ 97.50 $ 8,775.00 $ 112.50 $ 10,125.00 Estimated Spend Mark Up(%) Mark Up(%) Mark Up(%) Mark Up(%) Parts/Materials including 5 Freon $ 255,000.00 10%1$ 280,500.00 20%1$ 306,000.00 1 15%1$ 293,250.00 1 15% $ 293,250.00 $ 397,800.00 $ 443,812.50 $ 465,975.00 $ 473,325.00 *Enoch Group responded No Bid. *Codiss Mechanical DBA A/C&R Services withdrew bid for not having experience to service chillers and boilers. se �o SERVICE AGREEMENT NO. 1627 v HVAC Services for Facilities Department anaaokn � 1852 THIS HVAC Services for Facilities Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Coastline Refrigeration & Service, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide HVAC Services for Facilities Department in response to Request for Bid/Proposal No. 1627 ("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 HVAC Services for Facilities Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $397,800.00, 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: Jesse Hernandez Department: Facilities and Property 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 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: Jesse Hernandez Title: Superintendent of Operations Address: 1201 Leopard Street, Corpus Christi, Texas 78401 Phone: (361 ) 826-1983 Fax: (361 ) 826-1989 IF TO CONTRACTOR: Coastline Refrigeration & Service LLC Attn: Moses DeAlejandro Title: Manager Address: 423 S Alameda Street, Corpus Christi, TX 78401 Phone: 361-442-7661 Fax: 361-855-4511 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits), B. its attachments, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: Moses DeAlejandro Title: Manager Date: 07/25/2018 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 1627 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A - Scope of Work 1.1 General Requirements A.The Contractor shall provide HVAC services to City Owned locations outlined in this Scope of Work. The Contractor shall provide services on an as needed basis. Services include but are not limited to: repair, replacement and installation of new heating, ventilation, air conditioning equipment, refrigeration units, air handling unit, duct work, duct cleaning, diagnostic test equipment, and testing as required by the City. B. All services performed under this contract must be accomplished in a manner that meets all applicable federal, state and local laws, rules, regulations, ordinances, codes, manufacturer's instructions, warranty requirements and original equipment specifications. C.Contractor shall secure HVAC permits as required by the city/state codes and ordinances. D. Contractor shall conduct all work during normal working hours i.e. 8:00 AM to 5:00 PM unless deemed by Contract Administrator to be disruptive to normal operations of the City's or an emergency. E. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall take special measures to safeguard the area while services are being performed. The Contractor shall try to minimize interferences 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 agreement. F. Contractor shall not store worn or defective parts on City premises at the end of the work day unless otherwise approved by the Contract Administrator. G.Contractor must clean the work site from debris or hazards after completion of work. H. Contractor shall dispose all worn/defective parts, oils, solvents, in accordance with all applicable laws, rules and regulations as to ensure the highest level of safety to the environment and public health. 1.2 Repairs A. Contractor shall furnish labor, technician, parts, supplies, materials, tools and equipment necessary to perform the repairs services for all locations. Repair parts and components must conform to original equipment manufacturer specification. Repairs include all mechanical and electrical components related to HVAC system. B. The Contractor shall have and maintain locally a supply of spare parts sufficient for the repair of the units. C.AII service call repairs must be approved by the Contract Administrator prior to commencement of work. D.The Contractor is responsible for making repairs of any material or equipment damaged during the completion of work or as the results of action or inaction by contractor's staff. After completion of repairs, Contractor shall report back to the Operation Superintendent or designee. If any item or equipment covered under this agreement is deemed non-repairable, the Contractor shall immediately notify the Operation Superintendent. 1.3 Replacement/ Installation and Preventive Maintenance A. Replacement/Installation shall only be done when current equipment and/or parts are not repairable. Contractor shall submit a report justifying the replacement over repair to the Contractor Administrator. B. The Contractor shall submit a cost estimate for the new installation. Cost estimate will include labor, materials, equipment, and preventive maintenance. Contractor shall use labor charges as identified in the Contract Pricing Sheet. C.The City shall retain salvage rights on any replaced equipment. However, if the City determines the replaced equipment is of no value to the City, it will be the responsibility of the Contractor to dispose of the equipment. D.The Contractor shall provide documentation on all refrigerant and new system installation in accordance with rules and regulations. E. The Contractor shall provide preventive maintenance to the new installed system for one-year. Preventive maintenance shall be done quarterly. Preventive maintenance shall be done as per manufacturer recommendation. Repairs occurs because of the lack of preventive maintenance shall not be paid. 1.4 Routine and Emergency Service Call A.The Contractor shall be available to perform services on as needed basis. The Contractor shall be on site within two hours or within an agreeable time frame determined by the Contract Administrator. B. Services shall be performed only after the Contractor receives a work order and the Contractor's estimate is approved by the Contract Administrator unless the service call is considered an emergency. C.The condition and scope of work will be described in a Work Order. Based on the Work Order, the Contractor shall provide an estimate which must be approved by the Contract Administrator prior to commencement of work. D.The Contractor shall call or check in with the Contract Administrator before commencing the work. After inspection, the Contractor shall provide an estimated cost and time for the work. E. Emergency service call as defined as an event which requires immediate action to prevent a hazard to life, health, safety, property or to avoid failure of an equipment. When an emergency arises, the Contract Administrator shall notify the Contractor of the emergency repair at the facility. Contactor shall be on site within an agreeable time frame determined by the Contract Administrator. F. Upon completion of routine or emergency service call, Contractor representative shall provide a job ticket. The job ticket shall include, but not limited to - Company Name, Name of technician and/ or helper, Date of Service, Specific equipment worked on, Detailed Description of the work performed, Root cause of failure, Parts used, Work Order number and total time spend on job. G.If the Contractor is required to leave the premises to obtain parts or other materials, Operation Superintendent or designee must be notified. H. Contractor' shall only invoice City's for the time spent on the property. City's shall not pay for time spent in route or travelling to acquire parts/supplies. 1.5 Contractor and Technician Qualification A.The Contractor and technicians shall be registered with the State of Texas in accordance with TDLR and to be free of TDLR violations within the last three years prior to solicitation date. Any personnel assigned to the service agreement shall meet all applicable certification requirements of any regulatory agency having jurisdiction. The Contractor shall ensure that all personnel are continuously trained to meet the latest HVAC technology and industry standards. B. The Contractor shall have enough responsible, trained personnel qualified to provide the required services. 1.6 Service Personnel A.The Contractor shall ensure that all crews are fully and properly equipped to perform services promptly and safely without delay. All personnel assigned to the service agreement shall wear a uniform, including safety equipment and company issued photo identification. Contractor's employees working on site shall wear clothing with an identifiable logo bearing the name of the company. All personnel shall be neatly dressed in shirts, safety shoes, and long pants. Shorts or torn clothing are unacceptable. Clothing worn shall be suitable for electrical work in accordance with NFPA 70E requirements. B. If the service personnel do not perform as per required by this Agreement, the City has the right to reject the personnel and the Contractor is liable to deploy new personnel. 1.7 Security Background Check of Personnel Contractor shall conduct background check for all personnel before assigned to work under this agreement. The Contractor is required to submit background check report to the Contract Administrator. The City reserves the right to approve or refuse employees because of back ground check. Background checks will be included in the Contract pricing. 1.8 Recordkeeping The Contractor shall establish and maintain a log delineating complete and accurate records of all repairs, parts, supplies and materials for each location for the term of the Contract. The Contractor shall update said logs after each service defined in the Contract. 1.9 Invoicing The Contractor shall include copies of work order and job tickets as back-up for each invoice. Approval for payment shall be authorized by the Contract Administrator. 1.10 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. 1.11 Warranty A. Contractor shall provide one-year warranty on workmanship. Contractor shall provide one-year warranty or manufacturer warranty on all new parts and installation of an equipment. B. Any additional service call to repair deficiencies resulting from the Contractor's work, will not be considered for payment. 1.12 Work Site Locations Contractor shall perform as needed HVAC services at the following locations: No. BUILDING Address Zip Code 1 Health Department 1702 Horne Rd, Corpus Christi, TX 78416 2 City Hall 1201 Leopard St, Corpus Christi, TX 78401 3 Gas Department 4225 S Port Ave, Corpus Christi, TX 78415 4 Police Department 321 John Sartain St, Corpus Christi, TX 78401 No. BUILDING Address Zip Code 5 Municipal Courts 321 John Sartain St, Corpus Christi, TX 78401 6 Frost Bank 2402 Leopard St, Corpus Christi, TX 78408 7 Water Department 2726 Holly Rd, Corpus Christi, TX 78415 8 Broadmoor Senior Center 1651 Tarlton St, Corpus Christi, TX 78415 9 Ethel Eyerly Senior Center 654 Graham Rd. Corpus Christi, TX 78418 10 Garden Senior Center 5325 Greely Dr, Corpus Christi, TX 78412 11 Greenwood Senior 4040 Greenwood Dr, Corpus Christi, TX 78416 Center 12 Lindale Senior Center 3135 Swantner St, Corpus Christi, TX 78404 13 Northwest Senior Center 9725 Up River Rd, Corpus Christi, TX 78410 14 Oveal Williams Senior 1414 Martin Luther King Dr, Corpus 78401 Center Christi, TX 15 Zavala Senior Center 510 Osage St, Corpus Christi, TX 78405 16 La Retama Central 805 Comanche St, Corpus Christi, TX 78401 Library 17 Garcia Public Library X30 Brockhampton St, Corpus Christi, 78414 18 Janeth Harte Public 2629 Waldron Rd, Corpus Christi, TX 78418 Library 19 Hopkins Public Library 3202 McKinzie Rd, Corpus Christi, TX 78410 20 McDonalds Library 4044 Greenwood Dr, Corpus Christi, TX 78416 21 Neyland Public Library 1230 Carmel Pkwy, Corpus Christi, TX 78411 22 Joe Garza Recreation 3204 Highland Ave, Corpus Christi, TX 78405 Center 23 Lindale Recreation 3133 Swantner St, Corpus Christi, TX 78404 Center 24 Oak Park Recreation 842 Erwin Ave, Corpus Christi, TX 78408 Center 25 Oso Recreation Center 1 1 1 1 Bernice Dr, Corpus Christi, TX 78413 26 Soloman Coles Rec 924 Winnebago St, Corpus Christi, TX 78401 Center 27 Science and History 1900 N Chaparral St, Corpus Christi, TX 78401 Museum 28 Al Kruse Tennis Center 502 King St, Corpus Christi, TX 78401 29 HEB Pool Complex 1520 Shely St, Corpus Christi, TX 78404 30 HEB Tennis Court 1520 Shely St, Corpus Christi, TX 78404 No. BUILDING Address Zip Code 31 Central Kitchen X41 Old Brownsville Rd, Corpus Christi, 78405 32 O N Stevens Plant 13101 Leopard St, Corpus Christi, TX 78410 33 Solid Waste Building 2525 Hygeia, Corpus Christi, TX 78415 34 Oso Waste Water 501 Nile, Corpus Christi, TX 78412 Treatment Plant WWTP 35 Greenwood Waste water 6541 Greenwood Dr, Corpus Christi, TX 78417 treatment Plant 36 Broadway Waste Water 1402 W Broadway, Corpus Christi, TX 78401 Treatment plant 37 Laguna Madre Waste 201 Jester St, Corpus Christi, TX 78418 Water Treatment Plant 38 White Cap Waste Water 13409 White Cap St, Corpus Christi, TX 78418 Treatment plant 39 Allison WWTP 4101 Allison St, Corpus Chishti, TX 78410 40 CEFE Landfill 2397 Co.Rd.20, Robstown, TX 78380 41 J C Elliot Transfer Station 6594 Greenwood St, Corpus Christi, TX 78415 Attachment B - Bid/Pricing Schedule Item Description UNIT QTY Unit Price Total Price HVAC Technician 1 Normal Hours HRS 1200 $71}00 $84.000.00 Helper 2 Normal Hours HRS 600 $30.00 $18,OW,00 HVAC Technician Afterhours, Holidays, 3 Saturday and Sunday HRS 180 $70.00 $12.600.00 Helper Afterhours, Holidays, 4 Saturday and Sunday HRS 90 $30.00 $2700.00 Estimated Spend Mark U Parts/Materials 5 includin Freon $255,000 10 280,500.00 Total $397,800.00 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 (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 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing 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 Contractor shall provide one-year warranty on workmanship. Contractor shall provide one-year warranty or manufacturer warranty on all new parts and installation of an equipment. Any additional service call to repair deficiencies resulting from the Contractor's work, will not be considered for payment. SC GO AGENDA MEMORANDUM NCDAPopptEo Future Item for the City Council Meeting of August 28, 2018 1852 Action Item for City Council Meeting of September 11, 2018 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Executive Director of Asset Management iimd(a�cctexas.com (361) 826-1909 Andres Leal, Jr., P.E., Director of Street Operations andyl(cD.cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim B2 c(-).cctexas.com (361) 826-3169 Purchase of Various Vehicles for Street Operations CAPTION: Motion authorizing the purchase of one 2019 F-550 bucket truck from Grande Truck Center of San Antonio, Texas; three 2019 5-7 cubic yard dump trucks from Houston Freightliner Inc. of Houston, Texas; and, one 2019 12 cubic yard dump truck from Houston Freightliner Inc. of Houston, Texas and one 4-6 Ton Steel Wheel Roller from Anderson Machinery Co. of San Antonio, Texas via HGACBUY and BuyBoard for a total amount not to exceed $764,468.40. PURPOSE: This item is to approve the purchase of various vehicles needed by the Street Operations Department. BACKGROUND AND FINDINGS: Streets Operations currently has a requirement to replace various vehicles for their fleet. These vehicles are intended to perform various functions within the Street Operations Department. The various units to be replaced are all well past the end of their service lives. Contracts awarded through Houston-Galveston Area Council aka HGAC and Texas Local Government Purchasing Cooperative BuyBoard have been competitively procured, to assist with compliance with Texas local and state procurement requirements. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Fleet Maintenance Streets FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $9,191 ,778.25 $0.00 $9,191 ,778.25 Encumbered / Expended Amount $7,892,979.02 $0.00 $7,892,979.02 This item $764,468.40 $0.00 $764,468.40 BALANCE $534,330.83 $0.00 $534.330.83 Fund(s): Fleet Maint. Streets Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION Purchase of Various(6)Vehicles for Strei BUYER:Cynthia Perez Houston Freightliner Houston,Texas UNIT EXTENDED ITEM DESCRIPTION Unit Qty PRICE PRICE 1 12019 5-7 Cubic Yard Dump Truck EA 3 $142,980.00 $428,940.00 2 12019 12 Cubic Yard Dump Truck EA 1 $169,950.00 $169,950.00 TOTAL: $598,890.00 Grande Truck Center San Antonio,Texas UNIT EXTENDED ITEM DESCRIPTION Unit Qty PRICE PRICE 1 12019 F-550 Bucket Truck EA 1 $108,778.00 $108,778.00 2 1 BuyBoard Fee EA 1 $400.00 TOTAL: $109,178.00 Anderson Machinery San Antonio,Texas UNIT EXTENDED ITEM DESCRIPTION Unit Qty PRICE PRICE 1 4-6 Ton Steel Wheel Roller 1564001 1 $54,850.40 $54,850.40 2 1 Freight to Dealer EA 1 $1,250.00 3 1 Freight to Customer EA 1 $300.00 TOTAL: $56,400.40 Grand Total $764,468.40 et Operations se 0 F v AGENDA MEMORANDUM /NCCgpOpp1E, Future Item for the City Council Meeting of August 28, 2018 1852 Action Item for the City Council Meeting of September 11, 2018 DATE: August 28, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD ccD..cctexas.com (361) 857-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim 132(acctexas.com (361) 826-3169 Electrical Repair Services for Asset Management Department CAPTION: Motion authorizing a three-year Service Agreement with Scott Electric Company of Corpus Christi, Texas, for Electrical Repair services, for a total amount not to exceed $152,380. PURPOSE: This service will provide the Electrical Repairs necessary at City facilities. BACKGROUND AND FINDINGS: Asset management is responsible for maintenance of 478 City owned or leased facilities. These facilities have complexed electrical systems that are outside the level of expertise of the City's electrical staff. It is determined that if an electrical repair arises that is beyond the level of expertise of the City's electrical staff, a professional electrical company with a more abundant resource of experienced electricians would be needed to perform the work so that the facility does not fall into disrepair. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and staff is recommending the award to the lowest, responsive, responsible bidder, Scott Electric Company. 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: Asset Management FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Various Comments: Funding will be provided by various departments at the time work is needed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation UB w Q SERVICE AGREEMENT NO. 1635 Electrical Repair Services x � THIS Electrical Repair Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Scott Electric Company ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Electrical Repair Services in response to Request for Bid/Proposal No. 1635 ("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 Electrical Repair Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 36 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $152,380.00, 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: 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 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, Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 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: Jesse Hernanadez Title: Superidentent of Operations Address: 5352 Ayers Rd Building 3A, Corpus Christi, TX 78415 Phone: (361 )-826-1983 Fax: (361 )-826-3795 IF TO CONTRACTOR: Scott Electric Company Attn: Tino Vasquez Title: Vice President Address: 2001 N. Port Ave, Corpus Christi, TX 78403 Phone: (361 )-884-6326 Fax: (361 )-884-9612 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) 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; C. the bid solicitation document including any addenda (Exhibit 1 ); then, Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 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: C42:Z4 D C Printed Name: Tino Vasque tL—) Title: Vice President Date: 8-13-18 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. 1635 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 ,ezy4xa ATTACHMENT A: SCOPE OF WORK as xss 1.1 General Requirements/Background Information A. The Contractor shall provide Electrical repair services to our City owned locations outlined in this Scope of work. The Contractor shall provide Electrical repair services on as needed basis. B. The Contractor shall have enough responsible, trained, and licensed personnel to provide the required repair services. 1.2 Repairs A. The Contractor shall furnish labor, supervision, parts, supplies, materials, tools, and equipment necessary to perform repair services at all locations. Repair parts and components must conform to original equipment manufacturer specifications. B. Scope of repair services including but are not limited to 1 . Electrical conduit wiring 2. Lighting systems and control systems 3. Receptacles, switches, data and telephone wall jacks 4. Emergency Lighting equipment 5. Power and conduit to other systems such as HVAC, Generator or other equipment 6. Data and Telephone Cabling 7. Conduit systems for communications and other electronic systems 8. Pump, motors and electrical breakers 9. Low voltage wiring 10. Air controls 11 . Generators Systems 12. Irrigation - Electrical Valves and Controllers 13. Electrical Furnaces C. The Contractor is responsible for making repairs of any materials or equipment damaged during the completion of work or as the results of action or inaction by Contractor's staff. After completion of repairs, Contractor shall report back to the Operations Superintendent or designee. If any item or equipment covered under this agreement is deemed non- repairable, the Contractor shall immediately notify the Operation Superintendent. D. All services performed under this contract must be accomplished in a manner that meets all applicable federal, state and local laws, rules, regulations, ordinances, codes, manufacturer's instructions, warranty requirements and original equipment specifications. Page 1 of 6 i 1.3 Routine and Emergency Service Call A. The Contractor shall be available to perform services 24 hours a day, seven days a week on an as needed basis. B. The City will provide the work order before commencement of services. Contractor shall request the work order from the Operation Superintendent or designee, if City fails to provide. C. In order to minimize overstaffing and equipment downtime, the City staff shall provide work description in the Work order or explain by email/ phone. Based on description, Contractor will have a general idea of the work prior to commencement. The Contractor shall not overstaff for job repairs, and use upon customary trade practices, the City's reserves the right to only pay the fees for customary trade practices. D. After inspection of work, Contractor shall call or check in with the Operation Superintendent or designee who assigned the work and provide an estimated time to be on property. If the anticipated cost of Labor and Materials exceeds $1000, the Contractor must obtain approval from the Operations Superintendent or designee prior to commencement of work. E. The Contractor shall perform routine service calls during normal working hours 8:00 AM to 5:00 PM, excluding City holidays. The Contractor shall be on site within two hours or within an agreeable time frame determined by the Operations Superintendent or designee. F. Emergency service calls are defined as an event which requires immediate action to prevent a hazard to life, health, safety, property or to avoid failure of an equipment. When an emergency arises, Operation superintendent or designee shall notify the Contractor of the emergency repair at the facility. Contractor shall be on site within an agreeable time frame determined by the Operations Superintendent or designee. G. Contractor shall check in with the Operation Superintendent or designee at the location upon arrival and check out after completion of work. H. if the Contractor is required to leave the premises to obtain parts or other materials, the Operation Superintendent or designee must be notified. I. Contractor shall only invoice the City for the time spent on the property. The City will not pay for time spend in route or travelling to acquire parts/supplies. J. Upon completion of the routine or emergency service call, the Contractor's representative shall provide a job ticket. The job ticket shall include, but not limited to - Company Name, Name of technician and/or helper, Date of Service, Detailed Description of the work performed, root causes of failure, parts used, Work Order number and total time spent on job. 1.4 Service Personnel A. Contractor/ Technician shall have registered with the State of Texas in accordance with TDLR and to be free of TDLR violations within the last three years. Any personnel assigned to the service agreement shall meet all applicable certification requirements of any regulatory agency having Page 2 of 6 jurisdiction. The Contractor shall ensure that all personnel are continuously trained to meet the latest electrical technology and industry standards. B. The Contractor shall ensure that all crews are fully and properly equipped to perform services promptly and safely without delay. All personnel assigned to the service agreement shall wear a uniform, including safety equipment and any company issued photo identification. Contractor's employees working on site shall wear clothing with an identification logo bearing the name of the company visible from 15 feet. All personnel shall be neatly dressed in shirts, safety shoes and long pants. Shorts or torn clothing are unacceptable. Clothing worn shall be suitable for electrical work in accordance with NFPA 70E requirements. C. If the service personnel do not perform as required, the City has the right to reject the personnel and the Contractor shall deploy new personnel. D. The Contractor shall conduct background checks for all personnel before assigned to work under this agreement. The Contract Administrator may ask for a background check report from the Contractor. The City reserves the right to approve or refuse employees based on back ground checks report. Background checks will be included in the Contract price. 1.5 Recordkeeping A. The Contractor shall establish and maintain a log delineating complete and accurate records of all repairs, parts, supplies and materials for each location for the term of the Contract.The Contractor shall update the logs after each service defined in the Contract. 1.6 Invoicing A. Each month, the Contractor shall submit the invoice for repair services to the City. Invoice must contain following: I. Purchase order number ll. Description of work III. Total hours billed, itemized by position and hourly rate IV. Work Order no/ Job ticket V. Copies of all invoice for parts/materials (to verify markup %) B. Invoices shall be sent as follows: Original copy to the City's Account payable department and one (1 ) to the Contract Administrator. Approval for payment shall be authorized by the Contract Administrator or Operation Superintendent. 1.7 Safety A. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall 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 ensure the safety of its employees, City employees, and the public during performance of all services under this agreement. Page 3 of 6 B. The Contractor shall not store worn or defective parts on City premises at the end of the work day, unless otherwise approved by the Operation Superintendent or designee. C. The Contractor must clean work site from debris or hazards after completion of work. D. The Contractor shall dispose all worn/defective parts, oils, solvents, in accordance with all applicable laws, rules and regulations as to ensure the highest level of safety to the environment and public health. 1.8 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. 1.9 Warranty A. The Contractor shall provide one-year warranty on workmanship. The Contractor shall provide one-year warranty or manufacturer warranty on all new parts. B. Any additional service call to repair deficiencies, previously addressed, will not be considered for payment. 1.10 Work Site and Conditions The Contractor shall perform electrical services on as needed basis to the following locations including but are not limited to: 81J14D1NG Atltilres ,Zip Cede 1 Health Department 1702 Horne Rd, Corpus Christi, TX 78416 2 City Hall 1201 Leopard St, Corpus Christi, TX 78401 3 Gas Department 4225 S Port Ave, Corpus Christi, TX 78415 4 Police Department 321 John Sartain St, Corpus Christi, TX 78401 5 Municipal Courts 321 John Sartain St, Corpus Christi, TX 78401 6 Frost Bank 2402 Leopard St, Corpus Christi, TX 78408 7 Water Department 2726 Holly Rd, Corpus Christi, TX 78415 8 Broadmoor Senior Center 1651 Tarlton St, Corpus Christi, TX 78415 9 Ethel Eyerly Senior Center 654 Graham Rd. Corpus Christi, TX 78418 10 Garden Senior Center 5325 Greely Dr, Corpus Christi, TX 78412 11 Greenwood Senior Center 4040 Greenwood Dr, Corpus Christi, TX 78416 12 Lindale Senior Center 3135 Swantner St, Corpus Christi, TX 78404 Page 4 of 6 13 Northwest Senior Center 9725 Up River Rd, Corpus Christi, TX 78410 14 Oveal Williams Senior 1414 Martin Luther King Dr, Corpus 78401 Center Christi, TX 15 Zavala Senior Center 510 Osage St, Corpus Christi, TX 78405 16 La Retama Central Library 805 Comanche St, Corpus Christi, TX 78401 17 Garcia Public Library X30 Brockhampton St, Corpus Christi, 78414 18 Janeth Harte Public 2629 Waldron Rd, Corpus Christi, TX 78418 Library 19 Hopkins Public Library 3202 McKenzie Rd, Corpus Christi, TX 78410 20 McDonalds Library 4044 Greenwood Dr, Corpus Christi, TX 78416 21 Neyland Public Library 1230 Carmel Pkwy, Corpus Christi, TX 78411 22 Joe Garza Recreation 3204 Highland Ave, Corpus Christi, TX 78405 Center 23 Lindale Recreation Center 3133 Swantner St, Corpus Christi, TX 78404 24 Oak Park Recreation 842 Erwin Ave, Corpus Christi, TX 78408 Center 25 Oso Recreation Center 1 1 1 1 Bernice Dr, Corpus Christi, TX 78413 26 Soloman Coles Rec 924 Winnebago St, Corpus Christi, TX 78401 Center 27 Science and History 1900 N Chaparral St, Corpus Christi, TX 78401 Museum 28 Al Kruse Tennis Center 502 King St, Corpus Christi,TX 78401 29 HEB Pool Complex 1520 Shely St, Corpus Christi, TX 78404 30 HEB Tennis Court 1520 Shely St, Corpus Christi, TX 78404 31 Central Kitchen 4141 Old Brownsville Rd, Corpus 78405 Christi, TX 32 O N Stevens Plant 13101 Leopard St, Corpus Christi, TX 78410 33 Solid Waste Building 2525 Hygeia, Corpus Christi, TX 78415 34 Oso Waste Water 501 Nile, Corpus Christi, TX 78412 Treatment Plant (WWTP) 35 Greenwood Waste water 6541 Greenwood Dr, Corpus Christi, TX 78417 treatment Plant 36 Broadway Waste Water 1402 W Broadway, Corpus Christi, TX 78401 Treatment plant Page 5 of 6 37 Laguna Madre Waste 201 Jester St, Corpus Christi, TX 78418 Water Treatment Plant 38 White Cap Waste Water 13409 White Cap St, Corpus Christi, TX 78418 Treatment plant 39 Allison WWTP 4101 Allison St, Corpus Chishti, TX 78410 40 CEFE Landfill 2397 Co.Rd.20, Robstown, TX 78380 41 J C Elliot Transfer Station 6594 Greenwood St, Corpus Christi, TX 78415 Page 6of6 Attachment B : Bid/Pricing Schedule o� CITY OF CORPUS CHRISTI BID FORM v PURCHASING DIVISION RFB No. 1635 M Y Electrical Repairs Services for Asset Management Department PAGE 1 OF 1 Date: 8-3-18 Authorize _- � Bidder: Scott Electric company 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. len DsscripTIon Uhl '� a Appr x. 3 int Pace �TotalPr�ce M �ra "QTY r�3 ears v r b� ,�e n + r�awe 4 1 Journeyman Electrician HRS 500 $66 . 00°° $33 , 000. 00 - Normal Hours 2 Helper-- Normal Hours HRS 350 $36 . 00 $12 , 600 . 00 3 Journeyman Electrician HRS 200 $99 . 00 $1.9, 800 00 Afterhours, Saturdays, Sundays, and Holidays 4 Helper -Afterhours, HRS' 120 $54 . 00 $6, 480 . 00 Saturdays, Sundays and Holidays Estimated Mark upE'iE= Spend 5 Parts/Materials 1 $70,000 15 $80, 500 . 00 Total _ $152, 380 . 00 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 change or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $1,000,000 Aggregate 2. Premises- Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 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 (All States Endorsement if Company is not this domiciled in Texas) Exhibit. Employers Liability $500,000/$500,000/$500,000 Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in Page 2 of 3 coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. D. 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. E. 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. F. 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. G. 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. H. 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 Electrical Services and Repairs 06/12/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall provide one-year warranty on workmanship. The Contractor shall provide one-year warranty or manufacturer warranty on all new parts. B. Any additional service call to repair deficiencies, previously addressed, will not be considered for payment. Page 1 of 1 City of Corpus Christi Bid Tabulation Purchasing Division RFB 1635 Electrical Repairs Services BUYER:JAPAN SHAH Asset Management Department Scott Electric Gourley Contractor LLC Item Description Unit Qty for 3 years Hrly Rate Total Price Hrly Rate Total Price 1 Journeyman Electrician-Normal Hours HRS 500 66.00 33 000.00 77.00 38 500.00 2 Helper-Normal Hours HRS 350 $ 36.00 $ 12,600.00 $ 36.00 $ 12,600.00 Journeyman Electrician-Afterhours, 3 Saturdays,Sundays,and Holidays HRS 200 99.00 19 800.00 115.50 23 100.00 Helper-Afterhours,Saturdays, 4 Sundays,and Holidays HRS 120 $ 54.00 $ 6,480.00 $ 54.00 $ 6,480.00 Estimated S end Mark U % Mark UoL 5 Parts/Materials $70,000 15% $ 80,500.00 200/. $ 84,000.00 $ 152,380.00 1 $ 164,680.00 se � �A O H U NOORPON PS EO 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2018 Action Item for the City Council Meeting of September 11, 2018 DATE: August 15, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carillo-Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361)826-3227 Reimbursement Resolution for Utility Capital Projects CAPTION: Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating from the proceeds of one or more series of taxable or tax-exempt obligations to be issued by the City in an aggregate amount not to exceed $50,000,000 for authorized purposes relating to constructing various City improvements; authorizing other matters incident and related thereto; and providing an effective date. PURPOSE: The City of Corpus Christi is planning on awarding contracts for utility/water projects included in the Fiscal Year 2018 Capital Improvement Plan (CIP) prior to the issuance of Utility System Revenue Bonds. This resolution is needed for the City to reimburse itself for costs incurred prior to the receipt of the bond proceeds BACKGROUND AND FINDINGS: Over the last several years, the City been using unspent bond proceeds and operating cash to fund utility projects outlined in the Capital Improvement Plan (CIP). As the funds are now running low, the City is planning on issuing utility revenue bonds in Fiscal Year 2019. In order to move forward with these projects, the City must issue contracts prior to the completion of the final closing on the bonds. These amounts will not exceed $50,000,000. For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Bond Counsel • City Attorney's Office FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - $ - Encumbered/Expended amount of(date) - - -This item - - $ - BALANCE - - - - FUND(S): CIP Funds COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS ONE OR MORE SERIES OF TAXABLE OR TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $50,000,000 FOR AUTHORIZED PURPOSES RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (1) constructing, improving, enlarging, repairing, and extending the City's combined utility system and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (ii)the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv)the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the Issuer intends to reimburse itself for the prior lawful capital expenditure of funds from the proceeds of one or more series of taxable or tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in an amount not to exceed $50,000,000 to finance a portion of the costs of the Project; and WHEREAS, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and 82597879.2 WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 3. The Issuer intends to otherwise comply with those matters addressed within this Resolution. SECTION 4. This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law. SECTION 5. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 6. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 7. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 8. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 9. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 10. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 82597879.2 - 2 - PASSED, ADOPTED AND APPROVED on this the day of September, 2018. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF SEPTEMBER, 2018: Miles Risley, City Attorney 82597879.2 S-1 THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the day of September, 2018, relating to establishing the City's intention to reimburse itself in an amount not to exceed $50,000,000 for the prior lawful expenditure of funds relating to constructing various capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of September, 2018. City Secretary (CITY SEAL) 82597879.2 S-2 That the foregoing resolution was read and passed on this the day of September, 2018, by the following vote: Rudy Garza Ben Molina Paulette Guaj ardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel Everett Roy PASSED AND APPROVED, this the day of September, 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 82597879.2 S-3 SC o� Va. U NOORP08 IEO AGENDA MEMORANDUM 1852 City Council Meeting of August 28, 2018 DATE: August 14, 2018 TO: Keith Selman, Interim City Manager FROM: Iain Vasey, President/CEO ivasey@ccredc.com (361) 882-7448 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Q2 2018) OUTSIDE PRESENTERL!i Name Title/Position Organization 1. Iain Vasey President/CEO CCREDC BACKGROUND : The CCREDC provides quarterly updates to The Council. In accordance with this practice, the CCREDC will update the Council on its activities and the status of the local economy. LIST OF SUPPORTING DOCUMENTS: PowerPoint— CCREDC Corpu's Christi REGIUPIAL ErpNOJdlr DEVELOPMENT CORPORATION Corpus Christi City Council Quarterly Report Quarterly Presentation August 28, 2018 Curp ins CIrhd Business Attraction 2018 Summary REC.-IECONOt u EVELOPMEMT CORPORATION Project Wins: EPIC Fractionation Plant- 10 Jobs, $200 M Cap Ex. - Nueces County Permico Energia Fractionation Plant- 52 jobs, $500 M Cap Ex. —Nueces Currently, there are 15 active attraction projects for a total of 2,905 jobs and $15.5 billion in capital investment. Business Retention & Expansion 57 visits as of August 2018 Numerous industry assists in process: - infrastructure and workforce resources - contiguous office space for HQ expansion - site assistance/logistics 3 Council Workshop Ongoing �1 _orp urd c4Li5ri Incentives Policy: • Tax Abatement Policies • Type A & B Policies • Chapter 380 Policies Community Growth Management: • Industrial Districts • Growth Areas for Employment �1 Council Workshop Ongoing _orp urd�4Listi Utilities & Water: • Future Industrial & Employer Demand • Long Term Water Solutions Housing: • Workforce Projections • Affordability Index Small Businesses: • Connecting with Large Employers • Building Entrepreneurial Ecosystem Community Successes n� � $50 Billion in RGgional Inviastmeni Edroy sy¢ n a C Orange Grove San Patricia Ods �sl 9lunuer CvWas PassIfred Poriland inglesi e P—Am-- 19 �9 on the&ay 6anquete _-' r{iu..Christi Rohsiown Agua Duloe Y Mustang Tierra Grande istand Driscoll Petmnila zas 9-hop Chapman Ranch at + 3 Kingsville Go gle My Maps r tin d—ga mi s cn.,c,E inEa: T_— 5 mi Podre)$,hw(f www.ccredc.com Home page — Project News 6 Conclusion CCREDC's activity level remains high CCREDC continues to change to better serve the region Questions?